(1) The rules included in this chapter apply throughout the state
of Washington, to any and all waterfront operations under the
jurisdiction of the department of labor and industries.
(2) These minimum requirements are promulgated in order to augment
the general safety and health standards, and any other safety
and health standards promulgated by the department of labor and
industries which are applicable to all places of employment under
the jurisdiction of the department of labor and industries. The
rules of this chapter, and the rules of chapters 296-24, 296-62
and 296-800 WAC are applicable to all longshore, stevedore and
related waterfront operations: Provided, That such rules shall
not be applicable to those operations under the exclusive safety
jurisdiction of the federal government.
(3) The provisions of this chapter shall prevail in the event
of a conflict with, or duplication of, provisions contained in
chapters 296-24, 296-62 and 296-800 WAC. Specific standards which
are applicable include, but are not limited to:
(a) Electrical-Chapter 296-24 WAC Part L, and WAC 296-800-280.
(b) Toxic and hazardous substances are regulated by chapters
296-62 and 296-841 WAC. Where references to this chapter are
given they are for informational purposes only. Where specific
requirements of this chapter conflict with the provisions of
chapters 296-62 and 296-841 WAC, this chapter prevails. Chapter
296-62 WAC does not apply when a substance or cargo is contained
within a manufacturer's original, sealed, intact means of packaging
or containment complying with the department of transportation
or International Maritime Organization requirements.
(c) Hearing loss prevention (noise)--Chapter 296-817 WAC.
(d) Standards for commercial diving operations-Chapter 296-37
WAC.
(e) Safety requirements for scaffolding-Chapter 296-874 WAC.
(f) Safe practices of abrasive blasting operations-Chapter
296-818 WAC.
(g) Access to employee exposure and medical records-Chapter
296-802 WAC.
(h) Respiratory protection-Chapter 296-842 WAC.
(i) Safety standards for grain handling facilities-Chapter
296-99 WAC.
(j) Chemical hazard communication program--WAC 296-800-170.
(k) Asbestos-Chapters 296-62 Part I-1 and 296-65 WAC.
(m) Servicing multi-piece and single-piece rim wheels--Chapter
296-864 WAC.
(n) First aid requirements--WAC 296-800-150.
(o) Employee emergency plan and fire prevention plans--Chapter
296-24 WAC Part G-1.
(4) The provisions of this chapter do not apply to the following:
(a) Fully automated bulk coal handling facilities contiguous
to electrical power generating plants.
(b) Facilities subject to the regulations of the office of
pipeline safety regulation of the materials transportation bureau,
department of transportation, to the extent such regulations
apply.
(5) WAC 296-62-074 shall apply to the exposure of every employee
to cadmium in every employment and place of employment covered
by chapter 296-56 WAC in lieu of any different standard on exposures
to cadmium that would otherwise be applicable by virtue of those
sections.
Realizing conditions may exist under which certain state standards
will not have practical application. In these cases, the director
of the department of labor and industries has made provisions
for the issuance of variances. The director or his/her authorized
representative may, pursuant to this section, RCW 49.17.080 and
49.17.090, and chapter
296-900 WAC, upon receipt of application and after investigation
by the department, permit a variation from the requirements of
this chapter. Any variance is limited to the particular case and
application. It shall remain posted during the time which it is
in effect. Variance application forms may be obtained from the
department.
“Apron” means that open portion of a marine
terminal immediately adjacent to a vessel berth and used in the
direct transfer of cargo between the terminal and vessel.
“Assistant director for the division of WISHA services”
means the assistant director of WISHA services, department of
labor and industries or his/her authorized representative.
“Authorized” in reference to an employee's
assignment, means selected by the employer for that purpose.
“Cargo door” (transit shed door) means a door
designed to permit transfer of cargo to and from a marine terminal
structure.
“Cargo packaging” means any method of containment
for shipment, including cases, cartons, crates and sacks, but
excluding large units such as intermodal containers, vans or similar
devices.
“Confined space” means a space that:
Is large enough and so configured that an employee can bodily
enter and perform assigned work; and
Has limited or restricted means for entry or exit (for example,
tanks, vessels, silos, storage bins, hoppers, vaults, and pits
are spaces that may have limited means of entry); and
Is not designed for continuous employee occupancy.
“Conveyor” means a device designed exclusively
for transporting bulk materials, packages or objects in a predetermined
path and having fixed or selective points of loading or discharge.
“Danger zone” means any place in or about
a machine or piece of equipment where an employee may be struck
by or caught between moving parts, caught between moving and stationary
objects or parts of the machine, caught between the material and
a moving part of the machine, burned by hot surfaces or exposed
to electric shock. Examples of danger zones are nip and shear
points, shear lines, drive mechanisms, and areas beneath counterweights.
“Designated person” means a person who possesses
specialized abilities in a specific area and is assigned by the
employer to perform a specific task in that area.
“Dock” means a wharf or pier forming all or
part of a waterfront facility, including marginal or quayside
berthing facilities; not to be confused with “loading dock”
as at a transit shed or container freight station, or with the
body of water between piers or wharves.
“Dock facilities” includes all piers, wharves,
sheds, aprons, dolphins, cranes, or other gear or equipment owned
or controlled by the dock or facility owner, where cargo or materials
are loaded, moved or handled to or from a vessel.
“Dockboards” (car and bridge plates) means
devices for spanning short distances between rail cars or highway
vehicles and loading platforms that do not expose employees to
falls greater than four feet (1.22 m).
“Enclosed space” means an indoor space, other
than a confined space, that may contain or accumulate a hazardous
atmosphere due to inadequate natural ventilation. Examples of
enclosed spaces are trailers, railcars, and storage rooms.
“Examination,” as applied to material handling
devices required to be certified by this chapter, means a comprehensive
survey consisting of the criteria outlined in WAC 296-56-60093
through 296-56-60097. The examination is supplemented by a unit
proof test in the case of annual survey.
“Flammable atmosphere” means an atmosphere
containing more than ten percent of the lower flammable limit
(LEL) of a flammable or combustible vapor or dust mixed with air.
Such atmospheres are usually toxic as well as flammable.
“Front-end attachments.”
As applied to power-operated industrial trucks, means the various
devices, such as roll clamps, rotating and side shifting carriages,
magnets, rams, crane arms or booms, load stabilizers, scoops,
buckets, and dumping bins, attached to the load end for handling
lifts as single or multiple units.
As applied to cranes, means various attachments applied to
the basic machine for the performance of functions such as lifting,
clamshell or magnet services.
“Fumigant” is a substance or mixture of substances,
used to kill pests or prevent infestation, which is a gas or is
rapidly or progressively transformed to the gaseous state even
though some nongaseous or particulate matter may remain and be
dispersed in the treatment space.
“Hazardous cargo, material, substance or atmosphere”
means:
Any substance listed in chapters 296-62 and 296-841 WAC;
Any material in the hazardous materials table and hazardous
materials communications regulations of the Department of Transportation,
49 CFR Part 172;
Any article not properly described by a name in the hazardous
materials table and hazardous materials communications regulations
of the Department of Transportation, 49 CFR Part 172, but which
is properly classified under the definition of those categories
of dangerous articles given in 49 CFR Part 173;
Atmospheres having concentrations of airborne chemicals in
excess of permissible exposure limits as defined in chapter
296-62 WAC; or
Any atmosphere with an oxygen content of less than nineteen
and one-half percent by volume.
“House falls” means spans and supporting members,
winches, blocks, and standing and running rigging forming part
of a marine terminal and used with a vessel's cargo gear to load
or unload by means of married falls.
“Inspection” as applied to material handling
devices required to be certified by this chapter, includes a complete
visual examination of all visible parts of the device.
“Intermodal container” means a reusable cargo
container of rigid construction and rectangular configuration
intended to contain one or more articles of cargo or bulk commodities
for transportation by water and one or more other transport modes
without intermediate cargo handling. The term includes completely
enclosed units, open top units, fractional height units, units
incorporating liquid or gas tanks and other variations fitting
into the container system, demountable or with attached wheels.
It does not include cylinders, drums, crates, cases, cartons,
packages, sacks, unitized loads or any other form of packaging.
“Loose gear” means removable or replaceable
components of equipment or devices which may be used with or as
a part of assembled material handling units for purposes such
as making connections, changing line direction and multiplying
mechanical advantage. Examples include shackles and snatch blocks.
“Marina” means a small harbor or boat basin
providing dockage, supplies, and services for small craft.
“Marine terminal” means wharves, bulkheads,
quays, piers, docks and other berthing locations and adjacent
storage or contiguous areas and structures associated with the
primary movement of cargo or materials from vessel to shore or
shore to vessel. It includes structures which are devoted to receiving,
handling, holding, consolidation, loading or delivery of waterborne
shipments and passengers, and areas devoted to the maintenance
of the terminal or equipment. The term does not include production
or manufacturing areas having their own docking facilities and
located at a marine terminal nor storage facilities directly associated
with those production or manufacturing areas.
“Permit-required confined space (permit space)”
means a confined space that has one or more of the following
characteristics:
Contains or has a potential to contain a hazardous atmosphere;
Contains a material that has the potential for engulfing an
entrant;
Has an internal configuration such that an entrant could be
trapped or asphyxiated by inwardly converging walls or by a
floor which slopes downward and tapers to a smaller cross-section;
or
Contains any other recognized serious safety or health hazard.
“Ramp” means other flat-surface devices for
passage between levels and across openings not covered under “dockboards.”
(a) Only those employees determined by the employer to be competent
by reason of training or experience, who understand the signs,
notices, and operating instructions and are familiar with the
signal code in use shall be permitted to operate a crane, winch,
or other power-operated cargo handling apparatus, or any power-operated
vehicle, or give signals to the operator of any hoisting apparatus.
Employees being trained and supervised by a designated individual
may operate such machinery and give signals to operators during
training.
(b) No employee known to have defective uncorrected eyesight
or hearing, or to be suffering from heart disease, epilepsy,
or similar ailments which may suddenly incapacitate the employee
shall be permitted to operate a crane, winch, other power-operated
cargo handling apparatus, or a power-operated vehicle.
(c) Persons who have recovered from a heart attack shall be
exempted from the provisions of (b) of this subsection, as it
pertains to their heart condition, provided:
(i) A medical release is obtained from their attending medical
doctor.
(ii) The release shall state that the operation of a crane,
winch, power-operated cargo handling apparatus, or power-operated
vehicle, will not present a hazard to themselves or others.
(iii) An examination by a medical doctor, and renewal of
the work release certification is required annually.
(2) Supervisory accident prevention proficiency.
(a) Immediate supervisors of cargo-handling operations of more
than five persons shall satisfactorily complete a course in
accident prevention. Employees newly assigned to supervisory
duties shall be required to meet the provisions of this subsection
(2)(a) within ninety days of such assignment.
(b) The course shall consist of instruction suited to the particular
operations involved.
(c) No minor under eighteen years of age shall be employed
in occupations involving the operation of any power-operated
hoisting apparatus or assisting in such operations by performing
work such as hooking on or landing drafts, rigging gear, etc.
(1) Active work areas shall be kept free of equipment and materials
not in use, and clear of debris, projecting nails, strapping and
other sharp objects not necessary for the work in progress.
(2) Hatch beams, covers, and pontoons placed in terminal working
areas shall be stowed in stable piles with beams secured against
tipping or falling. Alternatively, beams may be laid on their
sides. When beams and pontoons are stowed in tiers more than one
high, dunnage or other suitable material shall be used under and
between tiers.
(3) Cargo and material shall not obstruct access to vessels,
cranes, vehicles, or buildings. Means of access and egress within
buildings shall be unobstructed.
(4) The employer shall eliminate, to the extent possible, conditions
causing slippery working or walking surfaces in immediate work
areas used by employees.
(1) An accident prevention program, which provides equitable
management-employee participation, shall be established in all
establishments, industrial plants, or operations.
(2) It shall be the responsibility of the employer to initiate
and maintain the accident prevention program necessary to comply
with this section. The division of WISHA services may be contacted
for assistance in initiating and maintaining an effective accident
prevention program.
(3) All accident prevention programs shall be tailored to the
needs of the particular operation.
(4) Employer and employee representatives, as elected, delegated
or appointed, shall attend and actively take part in frequent
and regular safety committee meetings.
(5) Accident prevention programs shall provide for employer-employee
safety meetings and frequent and regular safety inspections of
job sites, materials, equipment, and operating procedures.
(6) A record of safety activities, such as inspections and meetings,
shall be maintained by the employer for a period covering the
previous twelve months and shall be made available, upon request,
to noncompliance personnel of the department of labor and industries.
(7) Employees shall individually comply with all safety rules
and cooperate with management in carrying out the accident prevention
program.
(8) To make effective the preceding statement and promote on-the-job
accident prevention, committees shall be established in each port.
These committees shall consist of an equal number of port or stevedore
company and longshoremen representatives at the job level with
the industry or company safety supervisor serving as secretary
and coordinator. Some functions of the committee are to maintain
the interest of the workers in accident prevention by providing
for their actual participation in the program, to direct their
attention to the real causes of accidents, and to provide a means
for making practical use of their intimate knowledge of working
conditions and practices.
(9) It is intended that this program will produce mutually practical
and effective recommendations regarding correction of accident-producing
circumstances and conditions.
Note: For first aid requirements, see WAC
296-800-150.
(1) Scope and application. This section requires all employers
to develop and implement an emergency action plan. The emergency
action plan shall be in writing (except as provided in subsection
(5)(d) of this section) and shall cover those designated actions
employers and employees must take to ensure employee safety from
fire and other emergencies.
Note: When an employer directs his
or her employees to respond to an emergency that is beyond the
scope of the emergency action plan developed in accordance with
this section, then chapter 296-824 WAC shall apply.
(2) Elements. The following elements, at a minimum, shall be
included in the plan:
(a) Emergency escape procedures and emergency escape route
assignments;
(b) Procedures to be followed by employees who remain to operate
critical plant operations before they evacuate;
(c) Procedures to account for all employees after emergency
evacuation has been completed;
(d) Rescue and medical duties for those employees who are
to perform them;
(e) The preferred means of reporting fires and other emergencies;
and
(f) Names or regular job titles of persons or departments
that can be contacted for further information or explanation
of duties under the plan.
(3) Alarm system. The employer shall establish an employee alarm
system that provides warning for necessary emergency action and
for reaction time for safe escape of employees from the workplace
or the immediate work area.
(4) Evacuation. The employer shall establish the types of evacuation
to be used in emergency circumstances.
(5) Training.
(a) Before implementing the emergency action plan, the employer
shall designate and train a sufficient number of persons to
assist in the safe and orderly emergency evacuation of employees.
(b) The employer shall review the plan with each employee
covered by the plan at the following times:
(i) Initially when the plan is developed;
(ii) Whenever the employee’s responsibilities or designated
action under the plan change; and
(iii) Whenever the plan is changed.
(c) The employer shall review with each employee upon initial
assignment those parts of the plan that the employee must know
to protect the employee in the event of an emergency. The written
plan shall be kept at the workplace and be made available for
employee review.
(d) Employers with 10 or fewer employees may communicate the
plan orally to employees and need not maintain a written plan.
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