Monthly DOSH Rules Update Summary

DOSH rules project timelines as of May 2, 2013

Please Note: These dates are subject to change. All hearings are held in Tumwater unless otherwise noted.

DOSH Rules - Adopted with recent effective date

HAZARD COMMUNICATION - GLOBAL HARMONIZATION SYSTEM
Expedited proposal 12-18-12, Adoption 3-5-13, Effective April 15, 2013 with subsequent varying effective dates (see rule filing for details).

  • 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 intends to file a CR-101 on May 25, 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.

FALL PROTECTION FOR CONSTRUCTION
Preproposal 4-4-06, Proposal 8-21-12, Hearings10-16 & 10-17-12, Adoption 2-4-13, Effective 4-1-13.

  • This rulemaking combines two parts of the construction safety code for clarity and ease of use.

STANDARDS IMPROVEMENT PROJECT
Expedited Proposal 8-21-12, Adoption 12-4-12, Effective 2-1-13.

  • Rulemaking proposed to comply with an OSHA requirement to adopt rule changes consistent with the final phase of OSHA's Standards Improvement Project.
  • 3rd phase in the OSHA Standards Improvement Project initiative to periodically review OSHA regulations for improvement.

CRANES, RIGGING, AND PERSONNEL LIFTING
Expedited Proposal 6-5-12, Proposal 10-2-12, Hearings 11-8-12, 11-13 & 14,-12, Adoption 12-31-12, Effective 2-1-13.

  • Rulemaking would address extending the effective date for qualified rigger testing requirements, clarifying the scope of the rule, and adding language to be at least as effective as the federal rule.

DOSH Rules - Recently Adopted With Prospective Effective Date

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.

  • In response to a 2011 WA State statute relating to handling of hazardous drugs within the healthcare industry, the department will incorporate rules according to the National Institute for Occupational Safety and Health (NIOSH) relating to handling of hazardous drugs.

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.

 

DOSH rules in the language development 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.

eRules PROJECT: Expedited Proposal – Several Staged CR-105 Filings - First Anticipated for June 2013.

  • The eRules project will reformat all DOSH rules for greater stakeholder access (including by smart phone 24/7), easier use, and clearer understanding.
  • Project will be comprised of a staged expedited-filing process with several rules addressed at a time. Five rules are planned to be included in the first stage.
  • The department anticipates that the entire project should take about three years to complete.

HEAD PROTECTION
Timeline TBD.

  • 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.

HIGH VOLTAGE / HELICOPTERS
Preproposal: March 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.

TELECOMMUNICATIONS
Timeline 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.

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