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DOSH Rules Update Monthly Summary

DOSH Rules Project Timelines as of November 2, 2014

Please Note: These dates are subject to change. All hearings are held in Tumwater unless otherwise noted.
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DOSH rules adopted recently - post effective date

eRules Reformatting Project (Rulemaking Package #1):
Anticipate about 10 staged rulemaking filing packages.1st rulemaking package filed on June 18, 2013 as CR-105 notice of expedited adoption of rules.  Timely objection received, CR-105 now treated as CR-101.  CR-102 notice of proposed rule filed 12/17/13. Hearings: 1/23/14 & 3/11/14, Adoption: 4/22/14, Effective: 7/1/14

  • The eRules project will reformat all DOSH rules for easier use (e.g. search navigation), clearer understanding, and greater stakeholder access (including by mobile device).
  • No changes to rulemaking requirements.
  • Project will be comprised of about 10 staged expedited-filing packages with several rules addressed at a time. Four rules are included in the first stage: Chapter 296-829: WAC Helicopters Used as Lifting Machines, Chapter 296-832: WAC Late Night Retail Worker Safety, Chapter 296-876 WAC: Ladders, Portable and Fixed, and Chapter 296-878 WAC: Window Cleaning.
  • The department anticipates that the entire project should take about 4 years to complete.

Hazard Communication - Global Harmonization Sysem (Phase 1)
Expedited proposal 12-18-12, Adoption 3-5-13, Effective April 15, 2013 with subsequent varying effective dates (see rule filing or compliance schedule below for details). Expand or collapse.See compliance schedule

Implementation / Enforcement Date(s) Requirements Who
June 1, 2014 Train employees on the new label elements and safety data sheet (SDS) format. Employers
June 1, 2015 Compliance with all provisions of the WAC 296-901 final rule, except as listed below: Chemical manufacturers, importers, distributors, and employers
December 1, 2015 The Distributor must not ship containers labeled by the chemical manufacturer or importer unless it has GHS (Global Harmonization System) label. Distributors
June 1, 2016 Update alternative workplace labeling and Hazard Communication Program as necessary, and provide additional employee training for newly identified physical or health hazards. Employers
Transition Period to the effective completion dates noted above.

May comply with the applicable requirements in the following rules:

Chemical manufacturers, importers, distributors, and employers

  • In March 2012, OSHA updated its Hazard Communication Standards by adopting the Hazard Communication-Globally Harmonized System of Classification (GHS) - effective on May 25th, 2012.
    • The new OSHA rule adopted new language and new requirements.
    • The first new requirements in the OSHA GHS standard become effective in 2013 and continue through 2016.
    • DOSH's rulemaking effort will ensure that WA State's rules are "at least as effective" OSHA's.
  • DOSH rules will be substantially similar to OSHA and follow a similar implementation schedule.
  • 2 Phase rulemaking effort - is the most efficient method to incorporate the required changes to the appropriate DOSH safety and health rules and maintain rules that are "at least as effective as OSHA" during the transition from the older Hazard Communication Standard to the newer GHS standard.
    • Phase 1 - expedited rule package filed on December 18, 2012 to adopt state Hazard Communication rule substantially similar to the OSHA GHS rule.
    • Phase 2 - DOSH filed a CR-101 on May 21, 2013 to change the 27 WAC rules affected by the new GHS rules. Will also incorporate the additional changes to the rule made by OSHA on February 8th, 2013.

Hazardous Drugs
Preproposal 7-19-11, Proposal 10-18-11, Hearings 11-28-11 & 12-1-11, Adoption 1-3-12, Effective 1-1-14.

The Legislature passed ESSB 5594 relating to handling of hazardous drugs. The department incorporated rules according to the National Institute for Occupational Safety and Health (NIOSH) relating to handling of hazardous drugs.

Outreach efforts continue:

  • DOSH developed 3 sample template hazardous drug control programs for small businesses; they are posted on the DOSH website Hazardous Drugs Program Guides.
  • DOSH is meeting with stakeholders to produce an industry model program.

Head Protection
CR-105 expedited rulemaking on 10/22/13; Comment period ends 12-22-13; Adoption: 1-7-14; Effective 2-10-14

  • In September 2012, OSHA's revised rules became effective to revise consensus standards for head protection referenced in personal protective equipment (PPE) for several industry standards.
  • DOSH will adopt revisions to our standard rule that are at least as effective as OSHA's Direct Final Rule.

Fire Fighting
Preproposal 11-4-08, Proposal 8-21-12, Hearings Sept & Oct 2012, Adoption 2-19-13, Effective 1-1-14.

  • The fire fighting rules are being updated and rewritten for clarity, ease of use, and understanding with the assistance of a stakeholder group consisting of business, labor and the Fire Chiefs.

Hazard Communication (GHS) Phase 2
Preproposal 5-21-2013, Proposal 11/5/2013, Hearings 3/7/2014, Adoption (CR-103) 3/18/2014, Effective : 5/1/2014 (See Phase 1)

  • This proposed CR-101 filing constitutes Phase 2 of the rulemaking effort to change the 27 WAC rules affected by the new GHS rules.

Safety Standards for Construction Work (WAC 296-155-305)
CR-105 expedited rulemaking filed 9/3/2013; Comment period ended 11/5/13; other filings TBD; Adoption 12-2-13; Effective 1-6-14

  • This rulemaking removes the reference to an external broken link to DOT and substitutes a general reference to the DOT site with a suggested search description for the document(s) in question. No rule requirement changes.

Safety Standards for Possession, Handling, and Use of Explosives (Chapter 296-52, WAC)
CR-105 Filed 12-2-13; Comment period ends 45 days after distribution (2-2-14); Adoption 3-24-14; Effective 5-1-14.

  • This rulemaking revises Washington Administrative Codes to align with recently enacted legislation that allows law enforcement to carry a certain type of explosive (flash bangs).

DOSH rules - recently adopted with prospective effective date

None.

DOSH rules — pre-adoption stage

Compressed Air / Tunneling
Preproposal 9-18-12, Proposal TBD, Hearing TBD, Adoption TBD, Effective TBD.

  • In response to petitions for rulemaking and other requests from labor and business industry stakeholders, DOSH is beginning rulemaking to update the compressed air work requirements located in Chapter 296-36 WAC, Safety Standards – Compressed Air Work, and Chapter 296-155 WAC Part Q, Safety Standards for Construction Work, Underground Construction.
  • Additional information is also located on the tunneling/hyperbaric safety topic page.

DOSH Monetary Penalties
Filings: 4-22-14 CR-101 Pre-proposal; 9-30-14 CR-102 Proposal; 12/16/14 CR-103 Order of Adoption; Hearing(s): TBD; Adoption: 12/16/14; Effective: 2/1/15

This rulemaking is in response to federal changes in policy and mandated measures for calculating penalties that apply to Washington State under WAC 296-900-140.  In October 2010, the Occupational Safety and Health Administration (OSHA) changed its policies for calculating penalties to require that the average penalty for serious violations (private sector employers only) be within +/- 25% of the three-year national average.  In October 2012, OSHA updated the State Activities Mandated Measures (SAMM) Report to require state plan states to meet its new measures for calculating penalties. OSHA expects DOSH to adopt rules and policies that are at least as effective as OSHA's within six months of an OSHA rule or policy change.

Per the State Plan Policies and Procedures Manual, CSP 01-00-002, the primary focus of OSHA's monitoring of State Plans concerns the states' achievement of their strategic goals.  OSHA must also ensure that states meet the mandates set out in Section 18 of the Occupational Safety and Health Act and 29 CFR 1902. These include such required program elements as responding to complaints and fatalities, citing and penalizing violations, and covering public sector employers and employees.

DOSH conducted additional stakeholdering to obtain input prior to filing CR-102 Notice of Proposed Rule. Stakeholder meetings were held in June; another round was held Aug. 26, Aug. 28, and Sept. 2, 2014.

Electrical Power Generation, Transmission and Distribution
Filings: CR-101 Pre-proposal 12-2-2014; other filings TBD; Hearing(s): TBD; Adoption: TBD; Effective: TBD

This rulemaking is necessary to revise 296-45 WAC to comply with changes in federal OSHA 29 CFR Parts 1910 Electric Power Generation, Transmission and Distribution and 1926 Subpart V Power Transmission and Distribution. Stakeholder meetings were held on Sept. 8 and 29, Oct. 7 and 20, 2014; an additional meeting is scheduled for Nov. 10, 2014.

eRules Reformatting Project (Rulemaking Package #2)
Filings: 7-22-14 CR-101 Pre-proposal; 12-9-2014 CR-102 Proposal; CR-103 TBD; Hearing(s): 2-12-2015; Adoption: TBD; Effective: TBD

  • The eRules project will reformat all DOSH rules for easier use (e.g. search navigation), clearer understanding, and greater stakeholder access (including by mobile device).
  • No changes to rulemaking requirements.
  • Project will be comprised of about 10 staged filing packages with several rules addressed at a time. Eight rules are included in the second package: Chapter 296-807 WAC Portable Power Tools; Chapter 296-817 WAC Hearing Loss (Noise); Chapter 296-823 WAC Bloodborne Pathogens; Chapter 296-826 WAC Anhydrous Ammonia; Chapter 296-865 WAC Motor Vehicles; Chapter 296-869 WAC Elevating Work Platforms; Chapter 296-870 WAC Powered Platforms; Chapter 296-874 WAC Scaffolds.
  • The department anticipates that the entire project should take about 4 years to complete.

eRules Reformatting Project (Rulemaking Package #3)
Filings: 8-19-14 CR-101 Pre-proposal; other filings TBD; Hearing(s): TBD; Adoption: TBD; Effective: TBD

  • The eRules project will reformat all DOSH rules for easier use (e.g. search navigation), clearer understanding, and greater stakeholder access (including by mobile device).
  • It involves no changes to rulemaking requirements.
  • Project will be comprised of about 10 staged filing packages with several rules addressed at a time. Six rules are included in this package: Chapter 296-56 WAC Safety Standards for Longshore, Stevedore, and Waterfront Operations; Chapter 296-809 WAC Confined Spaces; Chapter 296-806 WAC Machine Safety; Chapter 296-828 WAC Hazardous Chemicals in Laboratories; Chapter 296-860 WAC Railroad Clearances and Walkways in Private Rail Yards and Plants; and Chapter 296-864 Split (Multi-piece) Rim and Single-Piece Rim Wheels.
  • The department anticipates that the entire project should take about 4 years to complete.

Global Harmonization – Agriculture Rule
Pre-proposal 6-3-14, Proposal TBD; Hearing(s): TBD; Adoption: TBD.

  • This rulemaking is necessary to comply with the federal updated Hazard Communication-Globally Harmonized System of Classification (GHS) requirements. Reference to the Hazard Communication-Globally Harmonized System of Classification (GHS) (WAC 296-901-140) will be adopted into Chapter 296-307 WAC. The current WAC 296-307-550 to 296-307-56050 Part Y-1 and Y-2 will remain in Chapter 296-307 WAC until repealed along with the general industry equivalent in accordance with the implementation dates set forth in WAC 296-901-140.

Hazardous Drugs
Pre-proposal 5-6-14, Proposal TBD; Hearing(s): TBD; Adoption: TBD.

The Division of Occupational Safety and Health (DOSH) was petitioned and asked to modify Chapter 296-62 WAC, General Occupational Health Standards for clarification purposes relating to Hazardous Drugs. Rulemaking will be initiated to amend sections of Chapter 296-62 WAC relating to Hazardous Drugs for increased clarification, streamlining and conforming to the federal Global Harmonization rule requirements. A stakeholder meeting was held on June 17, 2014.

High Voltage / Helicopters
Preproposal: 3-5-2013, Proposal TBD, Hearing TBD, Adoption TBD, Effective TBD.

  • The department is working with stakeholders to update and clarify safety requirements in Chapter 296-45 WAC (Electrical Workers) that relate to electrical work being done on or around a helicopter. Input received from 7 stakeholder meetings is currently being considered internally. A stakeholder meeting was held on June 10, 2014.

Lockout - Tagout / Sawmills Chapter 296-78, WAC
Preproposal 4-22-2014; Proposal TBD; Hearings: TBD; Adoption: TBD; Effective: TBD

  • The department has decided to initiate rulemaking in response to a petition requesting the department to add a reference to Chapter 296-803, Lockout/tagout.

Recordkeeping and Reporting
Filings: 12-23-2014 CR-105 Expedited Rulemaking; Hearing(s): N/A; Adoption: TBD; Effective: 3-16-2015.

This rulemaking is necessary to revise Chapters 296-27 WAC and 296-800 WAC to comply with changes in OSHA 29 CFR Part 1904 Recording and Reporting Occupational Injuries and Illnesses.

Telecommunications
Preproposal 8-6-13; Proposal: TBD; Hearings: TBD; Adoption: TBD; Effective: TBD.

  • The vertical code for the telecommunications industry is out-of-date and is being updated and rewritten for clarity, ease of use, and understanding. A business and labor ad hoc advisory process will be used. Stakeholder meetings were held on June 25-26, 2014 (cell towers) and July 9-10, 2014 (general communications).

Temporary Worker Housing
Filings: 6-17-14 CR-101 Pre-proposal; 12-2-14 CR-102 Proposal; 2-3-15 CR-103 Order of Adoption; Hearing(s): 1-6-15; Adoption: 2-3-15; Effective: 3-10-15

The Department of Labor and Industries and the Department of Health (DOH) are required by RCW 70.114A.065 and RCW 49.17.310 to have joint rules for the licensing, operation, and inspection of temporary worker and cherry harvest housing and for the enforcement of these rules. Currently, the joint rules are identical except as they relate to issues that fall under the jurisdiction of only one of the agencies. DOH filed a CR 101 Pre-proposal Statement of Inquiry on October 28, 2013 to consider amending the temporary worker housing and cherry harvest camps operational and inspection processes. These rules will also consider reformatting and incorporating technical housekeeping updates. In response, DOSH is revising Chapter 296-307 WAC, Parts L and L-1 to conform with changes to DOH rules 246-358 WAC and 246-361 WAC. Both agencies will be coordinating rulemaking activities so that any updated rules are consistent. Stakeholder meetings were held on Oct. 27 and 29, 2014.

DOSH rules adopted more than 6 months ago - still working on

None


Filing Legend: CR-101 = Prenotice/statement of inquiry; CR-102 = notice of proposed rule; CR-103 = order of adoption; CR-105 = notice for expedited adoption of rules. (See RCWs: 34.05.310; 34.05.320; 34.05.360; 34.05.353).

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