DEPARTMENT OF LABOR

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 program change supplement to a State plan shall be required.

In response to Federal standard changes, the State has submitted by letter dated November 6, 1986, from Richard A. Davis, Director, to James W. Lake, Regional Administrator, a State standard at WAC 296-56 comparable to the Federal Marine Terminal standard 29 CFR 1917, as published in the Federal Register (48 FR 30886) on July 5, 1983. The State's submission was adopted on December 11, 1984, effective January 10, 1985, under Washington Administrative Order 84-24. National Office review revealed discrepancies and the submission was returned to the State for correction. On November 23, 1992, the State resubmitted its Marine Terminal standard, consolidating all action taken on the standard to date and including the changes necessary to correct the discrepancies previously identified. The State's consolidated standard was adopted on October 30, 1992, effective December 8, 1992, under Washington Administrative Order 92-06. Significant differences are: The scope of the standard is expanded to include all waterfront operations; the definition of confined spaces is broader; the railroad facilities standard, WAC 296-56-60019, only applies to standard gauge railroad operations since there are no other gauge railroads in the State and the State referenced its multipiece and single piece rim standards which are as effective as OSHA's. The State also included the following standards and additions not contained in the federal standard: requirements for an accident prevention program; additional slinging requirements; additional line handling requirements; additional railroad operation requirements; additional log handling requirements; inclusion of explosive requirements; specific first aid and first aid kit requirements; additional machinery operator requirements; additional auxiliary gear requirements; additional cargo handling gear tables; cargo board and other type pallet board requirements; additional industrial truck requirements; safety latches for hooks requirements; crane control requirements; additional crane requirements; additional requirements for communication for the crane operator; additional chute and conveyor requirements; additional material handling equipment certification requirements; additional requirements while working near water; additional terminal facility maintenance requirements; fall protection requirements; requirements for docks and dock facilities; requirements for access to vessels; requirements for electric and hand powered manlifts; Jacob's ladder requirements; additional employee exit requirements; additional illumination requirements; requirements for petroleum docks, boat marinas and canneries and cold storage docks and standard signals for longshore crane signals.

In response to Federal standard changes, the State has submitted by letter dated February 17, 1995, from Mark O. Brown, Director, to Richard Terrill, Acting Regional Administrator, a State standard comparable to the Federal standard, 1915.7, 1915.11, 1915.12, 1915.13, 1915.14, 1915.15, 1915.16 and Appendix A & B, Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment, published in the Federal Register (59 FR 37815) on July 25, 1994. The State standard was adopted on January 18, 1995, effective March 10, 1995, under Administrative Order 94-22. In a letter dated November 17, 1995, from Mark O. Brown, Director, to Richard Terrill, Acting Regional Administrator, and incorporated as part of the plan, the state submitted an amendment identical to 1915.12, 1915.14 and 1915.15 corrections to the Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment, published in the Federal Register (60 FR 14218) on March 16, 1995. In the same letter, the State transmitted a State initiated change to its standard WAC 296-304-010, which is the scope and application section of the Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment, to make it identical to the federal standard. The State standard amendments were adopted on October 20, 1995, effective January 16, 1996, under Administrative Order 94-19.

On its own initiative, the State of Washington has submitted by letter dated August 19, 1994, from Mark O. Brown, Director, to James W. Lake, Regional Administrator, amendments to WAC 296-32, Telecommunications. The changes consist of correcting a reference to a section or parts, alternatives to sign wording, elimination of male gender terms, repealing the term "Division of Industrial Safety and Health", and renumbering or lettering of paragraphs to comply with the state code reviser's requirements. The State's submission was adopted on July 20, 1994, with an effective date of September 20, 1994, under Washington Administrative Order 94-07. The original State standard received approval on May 4, 1976 (41 FR 18484).

On its own initiative, the State of Washington has submitted by letter dated November 17, 1995, from Mark O. Brown, Director, to Richard S. Terrill, Acting Regional Administrator, a state standard change to WAC 296-24-13501(2), Color Identification, to be identical to 29 CFR 1910.144(a)(3). The State's submission was adopted on October 20, 1995, with an effective date of January 16, 1996, under Washington Administrative Order 94-16. The original state standard received approval on January 30, 1976 (41 FR 4689) and the revocation of 29 CFR 1910.144(b), received approval on May 21, 1991 (56 FR 23305).

On its own initiative, the State of Washington has submitted by letter dated October 6, 1995, from Mark O. Brown, Director, to Richard S. Terrill, Acting Regional Administrator, an addition of state standard WAC 296-24-19514, Reporting of Injuries to Employees Operating Machanical Power Presses, to be identical to 29 CFR 1910.217(g). This state standard was inadvertently repealed by Administrative Order 88-11 on July 6, 1988. The State's submission was adopted on August 9, 1995, effective September 25, 1995, under Washington Administrative Order 95- 04. The original state standard received approval on May 4, 1976 (41 FR 18484).

On its own initiative, the State of Washington has submitted by letter dated February 12, 1991, from Joseph A. Dear, Director, to James W. Lake, Regional Administrator, an addition of State standard WAC 296.24-76555, Alternating Tread-type Stairs. This amendment incorporated guidelines from WISHA Regional Directive 85-3 for the evaluation and inspection of alternating tread-type fixed industrial stairs, and was adopted in response to OSHA Instruction STD 1-1.11. (The Federal standard does not include alternating tread-type stairs.) The State's submission was adopted January 10, 1991, effective February 12, 1991, under Washington Administrative Order 90-18. In a letter dated September 8, 1992, from Joseph A. Dear, Director to James W. Lake, Regional Administrator, minor changes to the standard were made. The State's submission was adopted on August 10, 1992, effective September 10, 1992, under Washington Administrative Order 92-06.

The administrative orders were adopted pursuant to RCW 34.04.040(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. The changes were incorporated as part of the State plan.

2. Decision

OSHA has determined that the State standards for Marine Terminals, Confined Spaces for Shipyards, and Alternating Tread-type Stairs are at least as effective as the comparable Federal standards, as required by Section 18(c)(2) of the Act. The State's Marine Terminals standard, as amended, has been in effect since January 10, 1985 and December 8, 1992; the Confined Spaces for Shipyards standard has been in effect since March 10, 1995; and the Alternating Tread-type Stair standard has been in effect since February 12, 1991. During this time OSHA has received no indication of significant objection to these different State standards either as to their effectiveness in comparison to the Federal standards or as to their conformance with 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 standards; however, the right to reconsider this approval is reserved should substantial objections be submitted to the Assistant Secretary.

OSHA has also determined that the differences between the State and Federal amendments for Telecommunications are minimal and thus are substantially identical. OSHA therefore approves this amendment; however, the right to reconsider this approval is reserved should substantial objections be submitted to the Assistant Secretary. OSHA has further determined that the State's amendments for Confined Spaces in Shipyards, Mechanical Power Presses, and Color Identification are identical to the comparable Federal amendments, and therefore approves the amendments.

3. Location of Supplement for Inspection and Copying

A copy of the standards supplement, 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, WISHA Services Division, 7273 Linderson Way, S.W., Tumwater, Washington 98501; and the Office of State Programs, Occupational Safety and Health Administration, Room N-3476, 200 Constitution Avenue, NW, Washington, D.C. 20210. For electronic copies of this Federal Register notice, contact OSHA's WebPage at http://www.osha.gov/.

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 the supplement 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 and amendments were adopted in accordance with the procedural requirements of State law and further public participation would be repetitious.

This decision is effective December 23, 1997.

(§ 18, Pub. L. 91-596, 84 STAT. 6108 [29 U.S.C. 667])

Signed at Seattle, Washington, this 27th day of October 1997.

Richard S. Terrill,
Acting Regional Administrator.

[FR Doc. 97-33388 Filed 12-22-97; 8:45 am)