Occupational Safety and Health Administration

Washington State Standards; Notice of Approval

1. Background. Part 1953 of title 29, Code of Federal Regulations, prescribes procedures under Section 18 of the Occupational Safety and Health Act of 1970 (hereinafter called the Act) by which the Regional Administrator for Occupational Safety and Health (hereinafter called Regional Administrator) under a delegation of authority from the Assistant Secretary of Labor for Occupational Safety and Health (hereinafter called the Assistant Secretary) (29 CFR 1953.4) will review and approve standards promulgated pursuant to a State plan which has been approved in accordance with section 18(c) of the Act and 29 CFR part 1902. On January 26, 1973, notice was published in the Federal Register (38 FR 2421) of the approval of the Washington plan and the adoption of subpart F to part 1952 containing the decision.

The Washington plan provides for the adoption of State standards that are at least as effective as comparable Federal standards promulgated under section 6 of the Act. Section 1953.20 provides that where any alteration in the Federal program could have an adverse impact on the at least as effective as status of the State program, a plan change supplement shall be required.

By letter dated June 24, 1987, from Richard A. Davis, Director, to James W. Lake, Regional Administrator, the State, on its own initiative, submitted an amendment to WAC 296-24-165, Fixed and Portable Power Tool Requirements, to change the scope and application of the standard from wood and woodworking tools to all tools. The State standard is comparable to the Federal standard at 29 CFR 1910.213, Woodworking Machinery Requirements. The State change was adopted on July 13, 1983, effective September 13, 1983, under Administrative Order 83-19. National Office review revealed that the State standard was not at least as effective as the Federal standard, and the submission was returned to the State for correction. On December 20, 1991, by letter from Joseph A. Dear, Director, to James W. Lake, the State submitted a corrective amendment which deleted the changes submitted under Administrative Order 83-19, and incorporated the suggested language from the National Office. The State's original Fixed and Portable Power Took standard received Federal Register approval (41 FR 22655) on June 4, 1976. The State's corrective amendment was adopted on November 22, 1991, effective December 24, 1991, under Washington's Administrative Order 91-07. The corrected State standard reduced the 1983 scope, but is still different from the Federal: The standard applies not only to wood, but also to wood products that contain plastic materials.

By letter dated February 8, 1991, from Joseph A. Dear, Director, to James W. Lake, Regional Administrator, the State, on its own initiative, submitted an amendment to its Machine Guarding Code. The State's original Machine Guarding Code received Federal Register approval (41 FR 22655) on June 4, 1976. The amendment was adopted on January 10, 1991, effective February 12, 1991, under Administrative Order 90-18. The amendment added WAC 196-24-16531(6) to incorporate the coverage of public school woodworking shops.

By letter dated December 20, 1991, from Joseph A. Dear, Director, to James W. Lake, Regional Administrator, the State, on its own initiative, submitted an amendment to its Portable Powered Tools Code. This housekeeping amendment changed a reference in the standard. The State's original Portable Powered Tools standard received Federal Register approval (41 FR 4687) on January 30, 1976. The amendment was adopted on November 22, 1991, effective December 24, 1991, under Administrative Order 91-07.

In response to a Federal standards change, and on its own initiative, the State submitted by letters dated December 30, 1988, and April 24, 1990, from Joseph A. Dear, Director, to James W. Lake, Regional Administrator, a State standard comparable to the Federal Benzene standard, 29 CFR 1910.1028. The State's submission was in response to the Federal standard, published in the Federal Register (52 FR 34562) on September 11, 1987, and amended in the Federal Register (54 FR 24334) on June 7, 1989. The State standard was adopted on July 29, 1988 as an emergency temporary standard, with permanent adoption on October 6, 1988, effective November 11, 1988, under Administrative Order 88-23. The State amended Appendix D on May 15, 1989, effective June 30, 1989, under Administrative Order 89-03. A State-initiated amendment to Appendix D was adopted on April 10, 1990, effective May 25, 1990, under Administrative Order 90-01. The State's Benzene standard, located at WAC 296-62-07523, contains these minor differences: The State specifies an alternate analytical method for determination of Benzene in air and bulk samples in Appendix D, and in the Detection Limits Section the State broadens the sampling rate from the Federal standard statement of 0.2 L/min to "0.05 to 0.2 L/min". Other corrections are administrative or typographical adjustments.

In response to Federal standards changes, the State has submitted by letters dated October 24, 1990, June 17, 1991, and November 23, 1992, from Joseph A. Dear, Director, to James W. Lake, Regional Administrator, a State standard comparable to the Federal standard, 29 CFR 1910.147, Control of Hazardous Energy (Lockout/Tagout), as published in the Federal Register (54 FR 36687) on September 1, 1989. The State's first submission, dated October 24, 1990, was adopted on October 1, 1990, effective November 15, 1990, under Administrative Order 90-14. On September 20, 1990, corrections to the Federal standard were published in the Federal Register (55 FR 38677). The State's second submission, dated June 17, 1991, adopted these corrections on May 20, 1991, effective June 20, 1991, under Administrative Order 91-01. National Office review revealed discrepancies, and the submissions were returned to the State for correction. On November 23, 1992, the State resubmitted its standard, as amended on October 30, 1992, effective December 8, 1992, under Administrative Order 92-06. The State standard is contained in WAC 296-24-11001 through 119. The standard is identical except for these minor differences: The State adds gravity to the list of energy sources, and requires the employer's energy control program to be written. The State also requires an outside employer (contractor) to follow the on-site employer's energy control program, while the Federal standard requires the on-site employer to understand and comply with the restrictions and prohibitions of the outside employer's program.

By letter dated December 20, 1991, from Joseph A. Dear, Director, to James W. Lake, Regional Administrator, the State submitted a standard comparable to the Federal standard 29 CFR part 1926 Subpart X, Stairways and Ladders in Construction, published in the Federal Register (55 FR 47686) on November 14, 1990, and amendments (56 FR 2585) on January 2, 1991, (56 FR 5061) on February 7, 1991, and (56 FR 41793) on August 23, 1991. The State standard was adopted on November 22, 1991, effective December 24, 1991, under Administrative Order 91-07.

By letter dated December 20, 1991, from Joseph A. Dear, Director, to James W. Lake, Regional Administrator, the State submitted a standard comparable to changes in the Federal standards, 29 CFR 1926.451 and .452, Scaffolding in Construction, as published in the Federal Register (55 FR 47687) on November 14, 1990. The State standard was identical except for minor changes to references in the standard and renumbering of paragraphs. The State standard was adopted on November 22, 1991, effective December 24, 1991, under Administrative Order 91-07. The State standard was originally approved in the Federal Register (47 FR 5956) on February 9, 1982.

By letters dated December 20, 1991, from Joseph A. Dear, and September 27, 1993, from Mark O. Brown, Director, to James W. Lake, Regional Administrator, the State submitted a standard comparable to changes in the Federal standards, 29 CFR 1926.500 and .501, Floor and Wall Openings in Construction, as published in the Federal Register (55 FR 47687) on November 14, 1990. The State made minor changes to the references in the standards, renumbered some paragraphs, and changed some definitions to conform to other parts of Washington's standards. Some sections were deleted to avoid duplication with other standards. The State standard was adopted on November 22, 1991, effective December 24, 1991, under Administrative Order 91-07. The State standard was originally approved in the Federal Register (47 FR 5956) on February 9, 1982.

By letters dated February 15, 1989, and September 15, 1989, from Joseph A. Dear, Director, to James W. Lake, Regional Administrator, the State submitted standards comparable to the Federal standards, 29 CFR 1910.211(d) and .217, Presence Sensing Device Initiation of Mechanical Power Presses, published in the Federal Register (53 FR 8353) on March 14, 1988. The State standards were adopted on November 14, 1988, effective December 14, 1988, under Administrative Order 88-25. Amendments were adopted on August 10, 1992, effective September 10, 1992, under Administrative Order 92-06. The State standard was originally approved in the Federal Register (41 FR 22655) on June 4, 1976. Washington accepts the Federal third-party validation and certification program for presence sensing devices on mechanical power presses.

By letter dated February 8, 1991, from Joseph A. Dear, Director, to James W. Lake, Regional Administrator, the State submitted a State-initiated change to its Scaffolding in Construction standard, WAC 296-155-485. The State standard was adopted on January 10, 1991, effective February 12, 1991, under Administrative Order 90-18. The State incorporated a previously approved WISHA Regional Directive (WRD), 83-3, into its standard and required full body harnesses instead of belts.

By letter dated February 8, 1991, from Joseph A. Dear, Director, to James W. Lake, Regional Administrator, the State submitted a State-initiated housekeeping change to its Floor Openings and Stairways in Construction standard, WAC 296-155, Part K. The State standard was adopted on January 10, 1991, effective February 12, 1991, under Administrative Order 90-18. The State relocated the section on guarding of low-pitched roof perimeters to its new Fall Protection standard at WAC 296-155-245. The State standard was originally approved in the Federal Register (47 FR 5956) on February 9, 1982.

In response to Federal standards changes, the State submitted by letters dated September 8, 1992, from Joseph A. Dear, Director, and November 17, 1993, from Mark O. Brown, Director, to James W. Lake, Regional Administrator, State rules comparable to 29 CFR 1910.119, Process Safety Management of Highly Hazardous Chemicals, as published in the Federal Register (57 FR 6403) on February 24, 1992, and subsequent corrections published in the Federal Register (57 FR 7847) on March 4, 1992. The State's first submission concerning WAC 296-67, submitted September 8, 1992, was adopted on August 10, 1992, effective September 10, 1992, under Administrative Order 92-06. Regional Office review revealed minor discrepancies in an otherwise identical standard, and the submission was returned to the State for correction. On November 17, 1993, the State submitted a corrected copy. The State had adopted Federal and State-initiated corrective amendments on October 20, 1993, effective November 1, 1993, under Administrative Order 93-06.

In response to Federal standards changes, the State submitted by letters dated March 3, 1993, from Mark O. Brown, Director, to James W. Lake, Regional Administrator, State standards comparable to Federal standards 29 CFR 1910.19, 1910.1050, and 1926.60, Occupational Exposure to 4,4 Methylenedianiline (MDA); Final Rule, as published in the Federal Register (57 FR 35666) on August 10, 1992. The State's standards were adopted on February 3, 1993, effective March 15, 1993, under Administrative Order 92-15. They are contained in WAC 296-56-60001(2), WAC 296-62-076, and WAC 296-155-173. The standards are identical to the Federal except for one minor difference: The sampling and lab analysis procedures in 29 CFR 1910.1050 Appendix D and 29 CFR 1926.60 Appendix D were developed for the OSHA Tracer 222 Gas Chromatograph. The State of Washington uses a Hewlett Packard 5880 Gas Chromatograph. Therefore, the State needed to change the analytical procedures to reflect the Hewlett Packard procedures.

In response to Federal standards changes, the State submitted by letters dated April 21, 1992, and January 4, 1993, from Joseph A. Dear, Director, to James W. Lake, Regional Administrator, a State standard comparable to the Federal standard 29 CFR 1910.1030, Occupational Exposure to Bloodborne Pathogens, as published in the Federal Register (56 FR 64175) on December 6, 1991, and corrected (57 FR 29206) on July 1, 1992. The State's standard was adopted on April 1, 1992, effective May 5, 1992, under Administrative Order 92-01. The State's corrections were adopted on December 11, 1992, effective January 15, 1993, under Administrative Order 92-15. The State standard, at WAC 296-62-080, contains some minor differences: At 29 CFR 1910.1030(b), the State's comparable standard WAC 296-62-8001(2) adds the word "contaminated" before the last word "sharps" in the definition for contaminated laundry; punctuation changes have been made; editorial changes have been added to incorporate the State agency title and the State's numbering system.

In response to Federal standards changes, the State submitted by letters dated January 25, 1989, and November 30, 1992, from Joseph A. Dear, Director, and October 22, 1993, from Mark O. Brown, Director, to James W. Lake, Regional Administrator, a State standard comparable to the Federal standard 29 CFR 1926, Subpart K, Electrical, as published in Federal Register (51 FR 25318) on July 11, 1986. The State's first submission, dated January 25, 1989, was adopted on May 11, 1988, effective June 10, 1988, under Administrative Order 88-04. After review by the National Office, the standard was determined to be less effective than 29 CFR 1926, Subpart K, and was returned to the State on June 10, 1991. The State's second submission, dated November 30, 1992, was adopted on November 10, 1992, effective December 18, 1992, under Administrative Order 92-13. This submission incorporated the corrections. Regional Office review revealed discrepancies, and the submission was returned to the State for correction on December 18, 1992. On October 22, 1993, the State re-submitted its standard, as revised September 22, 1993, effective November 1, 1993, under Administrative Order 93-04. The State had changed the 750 volts requirements to 600 volts, as requested by OSHA. The State standard in contained in WAC 296-155 part I. Minor editorial changes were made which did not change the meaning of the standard. The State added provisions for construction site precautions to make open wiring inaccessible to unauthorized personnel. Also, provisions were added concerning attaching, bonding, and grounding clamps or clips; receptacles for attaching plugs and temporary outlet boxes; skirted-typed attachment plugs for equipment at more than 300 volts; hard usage electrical cords for temporary lights; trailing cables protection; and electrical barriers. The State added definitions for Hazard, J-Box (Junction Box), Shock Hazard, and Transformer. OSHA has determined that these changes are minor.

The above program change supplements have been incorporated as part of the State plan. All of the administrative orders were adopted pursuant to RCW 34.040(2), 49.17.040, 49.17.050, Public Meetings Act RCW 42.30, Administrative Procedures Act RCW 34.04, and the State Register Act RCW 34.08.

2. Decision. Having reviewed the State submissions in comparison with Federal standards, OSHA has determined that the State standard for Process Safety Management of Highly Hazardous Chemicals is identical to the Federal standard; OSHA therefore approves this standard. OSHA has also determined that the State standards and amendments for Machine Guarding, Portable Powered Tools, Benzene, Control of Hazardous Energy (Lockout/Tagout), Stairways and Ladders in Construction, Scaffolding in Construction, Floor and Wall Openings in Construction, Floor Openings and Stairways in Construction, Presence Sensing Device Initiation of Mechanical Power Presses, 4,4 Methylenedianiline (MDA), Bloodborne Pathogens, and Subpart K Electrical are at least as effective as the comparable Federal standards as required by section 18(c)(2) of the Act. OSHA has also determined that the differences between the State and Federal standards and amendments are minimal and that the standards are thus substantially identical. OSHA therefore approves these standards and amendments; however, the right to reconsider this approval is reserved should substantial objections be submitted to the Assistant Secretary.

In addition, OSHA has determined that the State's amendments for Fixed and Portable Power Tool Requirements are at least as effective as the Federal amendment. The Fixed and Portable Power Tool Requirements amendment has been in effect since September 13, 1983 with a broader scope that applied these requirements to the processing of all materials. A 1991 amendment reduced the scope, but it is still broader than the Federal. During this time OSHA has received no indication of significant objection to this different State standard either as to its effectiveness in comparison to the Federal standards or as to its conformance with the product clause requirements of section 18(c)(2) of the Act. (A different State standard applicable to a product which is distributed or used in interstate commerce must be required by compelling local conditions and not unduly burden interstate commerce.) OSHA therefore approves these amendments; however, the right to reconsider this approval is reserved should substantial objections be submitted to the Assistant Secretary.

3. Location of Supplements for Inspection and Copying. A copy of the standards supplements, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, Occupational Safety and Health Administration, 1111 Third Avenue, Suite 715, Seattle, Washington 98101-3212; State of Washington Department of Labor and Industries, Division of Industrial Safety and Health, 7273 Linderson Way, SW., Tumwater, Washington 98501; and the Office of State Programs, Occupational Safety and Health Administration, room N-3700, 200 Constitution Avenue, NW., Washington, DC 20210.

4. Public Participation. Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe alternative procedures to expedite the review process or for other good cause which may be consistent with applicable laws. The Assistant Secretary finds that good cause exists for not publishing these supplements to the Washington State Plan as a proposed change and making the Regional Administrator's approval effective upon publication for the following reason: The standards were adopted in accordance with the procedural requirements of State law and further public participation would be repetitious.

This decision is effective March 18, 1994. (Sec. 18, Pub. L. 91-596, 84 Stat. 1608 [29 U.S.C. 667]).

Signed at Seattle, Washington, this 24th day of November 1993.

Richard S. Terrill,
Deputy Regional Administrator.

[FR Doc. 94-6446 Filed 3-17-94; 8:45 am]