DOSH rules project timelines as of May 10, 2012

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

DOSH rules recently adopted

Abatement: The Legislature passed ESSB 5068 relating to abatement of violations of the Washington Industrial and Safety Health Act during an appeal, which amends RCW 49.17.140.  An appeal of any violations classified and cited as serious, willful, repeat serious, or failure to abate serious violations does not stay abatement dates and requirements, except under certain circumstances.  The department will not grant a stay when it can determine that the preliminary evidence shows a substantial probability of death or serious harm to workers.  Preproposal 7-19-11, Proposal 10-18-11, Hearings 11-30-11 and 12-2-11, Adoption 1-3-12, Effective 7-1-12.

Hazardous Drugs: The Legislature passed ESSB 5594 relating to handling of hazardous drugs. The department will be doing rulemaking to incorporate rules according to the National Institute for Occupational Safety and Health (NIOSH) relating to handling of 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.

DOSH rules in the language development stage

Acetylene: The Occupational Safety and Health Administration (OSHA) recently adopted changes to the acetylene standard, effective March 5, 2012. This rulemaking is to address the change to Chapter 296-24-3101 WAC, Cylinders (Acetylene). This will update the reference to a Compressed Gas Association standard in the existing acetylene standard by removing CGA G-1-2003 and replacing it with CGA G-1-2009. Expedited Proposal 4-17-12, Adoption 7-31-12, Effective 9-1-12.

Administrative Rules (Monetary Penalties): The Occupational Safety and Health Administration (OSHA) is changing their policies and procedures for how they assess penalties. We will be required to modify our rules to ensure they are "at least as effective as" OSHA's new policies. Preproposal 11-16-10, Proposal TBD, Hearing TBD, Adoption TBD, Effective TBD.

Electrical: The department is proposing to conform our rule to OSHA requirements to be as effective as OSHA. OSHA revised their general industry electrical installation standard in 29 CFR 1910, because electrical hazards pose a significant risk of injury to employees, and these changes are reasonably necessary to provide protections. Expedited Proposal 5-1-12, Adoption 7-31-12, Effective 9-1-12.

Electrical Workers (Chapter 45): The department is reviewing Chapter 296-45 WAC, Safety Standards for Electrical Workers to determine areas where we may be "not at least as effective as" the federal standard. While updating another rule there were areas of concern identified in Chapter 296-45 WAC that needed to be looked at. Timeline TBD.

Fall Protection For Construction: This is a clear rule writing effort and combines two parts of the construction safety code for clarity and ease of use. In addition, the department intends to clarify current language which has created confusion at worksites with respect to walking-working surfaces on roofs as recommended by a business and labor ad hoc committee. Preproposal 4-4-06, Timeline TBD.

Fire Fighting: 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. Preproposal 11-4-08. Timeline TBD.

Logging: The department has received several petitions for rulemaking in the Logging chapter. One petition requested that the department draft language to cover current technology being used in the industry where the department does not now enforce it. We are proposing to meet with stakeholders to discuss the suggested changes and draft clarifying language when needed. Timeline TBD.

Shipyards: The Occupational Safety and Health Administration (OSHA) is changing their rules on working conditions in shipyards, which updates existing requirements to reflect advances in industry practices and technology and provides new protections from hazards that were not previously addressed, including the control of hazardous energy. We will be required to modify our rules to ensure they are "at least as effective as" OSHA's new policies. Expedited Proposal 3-20-12, Adoption 6-5-12, Effective 9-1-12.

Telecommunications: 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. Timeline TBD.

Toeboards: This rulemaking is being proposed to correct a numerical error in 296-155-505(7)(C)(i) specifying the minimum height of a toe board.  Current language on the code revisers website says "nine inches in vertical height" and needs to say "a minimum of four inches nominal in vertical height" instead. The language on DOSH's website is correct. This change also makes the height language OSHA-identical. Suspended per Executive Order.