[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Notices]
[Pages 8667-8670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5010]



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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 

[[Page 8668]]
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 and on its own initiative 
the State submitted by letter dated August 19, 1994, from Mark O. 
Brown, Director, to James W. Lake, Regional Administrator, a State 
standard corrective housekeeping amendment comparable to 29 CFR 
1910.1017, Vinyl Chloride, as published in the Federal Register (58 FR 
35310) on June 30, 1993. The State's original Vinyl Chloride standard 
was approved in the Federal Register on August 17, 1976 (FR 35896). The 
change was adopted in Washington Administrative Order 94-07 on July 20, 
1994, effective September 20, 1994. In addition, on its own initiative, 
the State submitted by letter dated February 8, 1991, from Joseph A. 
Dear, Director, to James W. Lake, Regional Administrator, and 
incorporated as part of the plan, a State standard amendment. The 
amendment added clarifying language on end-of-service-life indicators 
on respirator canisters or cartridges for vinyl chloride. The State 
standard is comparable to 29 CFR 1910.1017, Vinyl Chloride. The change 
was adopted in Administrative Order 90-18 on January 10, 1991 and 
effective February 12, 1991. Also, on its own initiative, the State 
submitted by letter dated September 26, 1986, from G. David Hutchins, 
Assistant Director, to James W. Lake, Regional Administrator, and 
incorporated as part of the plan, a State standard amendment. The 
amendment eliminated obsolete language and updated types of respirators 
to be used by employees exposed to vinyl chloride. The State standard 
is comparable to 29 CFR 1910.1017, Vinyl Chloride. The change was 
adopted in Administrative Order 86-28 on July 25, 1986 and effective 
August 25, 1986.
    In response to Federal standard changes the State submitted by 
letter dated October 14, 1994, from Mark O. Brown, Director, to James 
W. Lake, Regional Administrator, and incorporated as part of the state 
plan, a State standard amendment. The amendment added clarifying 
language and made minor housekeeping changes comparable to 29 CFR 
1910.132, Personal Protective Equipment, General Provisions, 29 CFR 
1910.133, Eye and Face Protection, 29 CFR 1910.136, Foot Protection, 29 
CFR 1910.138, Hand Protection, Appendix A to Subpart I, References for 
further Information (Non- mandatory) and Appendix B to Subpart I, Non-
mandatory Compliance Guidelines for Hazard Assessment and Personal 
Protective Equipment Selection, as published in the Federal Register 
(59 FR 16360) on April 6, 1994 and corrections as published in the 
Federal Register (59 FR 33910) on July 1, 1994. The changes were 
adopted in Administrative Order 94-16 on September 30, 1994, effective 
November 20, 1994.
    In response to Federal standard changes and on its own initiative 
the State submitted letters from the Director of Washington Department 
of Labor and Industries to James W. Lake, Regional Administrator, State 
standard amendments comparable to 29 CFR 1910.120 and 1926.65, 
Hazardous Waste Operations and Emergency Response. The Federal-
initiated amendments and corrections were published in the Federal 
Register on March 6, 1989, final rule (54 FR 429317); April 13, 1990, 
corrections (55 FR 14072); April 18, 1991, corrections (56 FR 16832); 
and August 22, 1994, amended, (59 FR 40964). The only significant 
difference is that the State requires eighty hours of training for 
workers in certain site zones. The changes and amendments were adopted 
in: Administrative Order 89-10, October 10, 1989, effective November 
24, 1989; Administrative Order 90-01, April 10, 1990, effective May 25, 
1990; Administrative Order 90-14, October 1, 1990, effective November 
15, 1990; Administrative Order 91-01, May 20, 1991, effective June 20, 
1991; Administrative Order 91-07, November 22, 1991, effective December 
24, 1991; Administrative Order 93-04, September 22, 1993, effective 
November 1, 1993; Administrative Order 94-07, July 20, 1994, effective 
September 20, 1994; Administrative Order 94-08, August 3, 1994, 
effective September 12, 1994 and Administrative Order 94-22, January 
18, 1995, effective March 10, 1995.
    In response to Federal standard changes, the State submitted by 
letters from Richard A. Davis and Joseph A. Dear, Directors, to James 
W. Lake, Regional Administrator, a State standard amendment comparable 
to the Federal standard amendment, 29 CFR 1910.401(a)(2)(iv), and the 
definition for Scientific Diving in 1910.402, Commercial Diving 
Operations, as published in the Federal Register (47 FR 53365) on 
November 26, 1982. In addition, in the same letters, the State, on its 
own initiative, submitted amendments to WAC 296-37-510 through 590, 
Safety Standards for Commercial Diving Operations. The code was 
originally approved in the Federal Register (46 FR 50445) on October 
13, 1981. The State's first submission was adopted December 26, 1986, 
effective January 25, 1987, under Administrative Order 86-44. National 
Office review revealed discrepancies and the submission was returned to 
the State for correction. On November 18, 1992, the State submitted a 
corrective amendment which incorporated all of the Federal amendments 
and State-initiated changes to date. The minor differences in the 
standard are: The State included requirements for air compressors and 
alarms; the State included a requirement for a safety line; the State 
uses the word recompression rather than decompression; and the State 
added a reference to its recordkeeping standards. The State has also 
submitted by letter dated August 19, 1994, from Mark O. Brown, 
Director, to James W. Lake, Regional Administrator, a State corrective 
amendment identical to the Federal amendment at 29 CFR 
1910.401(a)(2)(iii), Commercial Diving, published in the Federal 
Register (58 FR 35310) on June 30, 1993. The State amendment was 
adopted on July 20, 1994, effective September 20, 1994, under 
Administrative Order 94-07.
    In response to Federal standards changes, the State submitted by 
letter dated April 24, 1990, from Joseph A. Dear, Director, to James W. 
Lake, Regional Administrator, a State standard amendment comparable to 
29 CFR 1910.66, Powered Platforms for Building Maintenance, as 
published in the Federal Register (54 FR 31408) on July 28, 1989. On 
February 8, 1991, the State submitted additional changes to its 
standard to make it identical to the OSHA standard in four places. On 
December 20, 1991, the State made a minor change to a reference to 
another part of its standard. Upon review of the State standard, it was 
determined to be 

[[Page 8669]]
less effective than the OSHA standard, and on November 18, 1993, the 
State was asked to make corrections. On August 19, 1994, the State 
submitted the necessary minor corrections. The State's standard 
replaces, in its entirety, the original State standard, WAC 296-24-87, 
Powered Platforms for Exterior Building Maintenance, which received 
Federal approval (41 FR 34836) on August 17, 1976. The State standard, 
which is substantially identical to the Federal standard, is contained 
in WAC 296-24-870. It was adopted on April 10, 1990, effective April 
25, 1990 under Administrative Order 84-18. The minor changes asked for 
by OSHA in its November 18, 1993 letter were adopted in Administrative 
Order 94-07 on July 20, 1994, effective September 20, 1994. The change 
made in the February 8, 1991 letter was adopted in Administrative Order 
90-18, on January 10, 1991, effective February 12, 1991, and the change 
made in the December 20, 1991 letter was adopted in Administrative 
Order 91-07 on November 22, 1991, effective December 24, 1991.
    On its own initiative, the State of Washington has submitted by 
letter dated September 5, 1990, from Joseph A. Dear, Director, to James 
W. Lake, Regional Administrator, a repeal of WAC 296-155-580 and 
adoption of WAC 296-155-48531, comparable to 29 CFR 1926.556, Aerial 
Lifts. The repeal and adoption occurred in Administrative Order 86-14, 
on January 21, 1986, effective February 20, 1986. Under Administrative 
Order 90-10, which was adopted on August 13, 1990, effective September 
24, 1990, minor housekeeping changes were made. National Office review 
revealed discrepancies and the submission was returned to the State for 
correction. On September 8, 1992, the State submitted a corrective 
amendment that made the necessary changes. This submission was adopted 
on August 10, 1992, effective September 10, 1992, under Administrative 
Order 92-06. The significant differences are: The State uses the more 
recent ANSI 92.2-1979 as the reference; adds requirements for 
specification and data display and placarding; adds requirements for 
elevation and reach determination and insulated aerial devices; and 
adds requirements for inspections. The State code was originally 
approved in the Federal Register (47 FR 5956) on February 9, 1982.
    On its own initiative, the State of Washington has submitted by 
letter dated June 15, 1989, from Joseph A. Dear, Director, to James W. 
Lake, Regional Administrator, a State standard for forklift elevated 
work platforms in construction. The State's submission, which is 
contained in WAC 296-155-48536, was adopted on May 15, 1989, effective 
June 30, 1989, under Administrative Order 89-03. National Office review 
revealed discrepancies and the submission was returned to the State for 
correction. On November 25, 1992, the State submitted a corrective 
amendment that made the changes requested by the National Office. This 
submission was adopted on October 30, 1992, effective December 8, 1992, 
under Washington Administrative Order 92-06.
    On its own initiative, the State has submitted by letter dated 
February 9, 1990, from Joseph A. Dear, Director, to James W. Lake, 
Regional Administrator, a change to its previously approved Grain 
Elevator standards at WAC 296-99-015 and 050. The change to WAC 296-99-
015 incorporated an OSHA determination contained in a March 27, 1989 
memorandum from the Directorate of Compliance Programs that the 
standard does not apply to alfalfa processing plants that are not 
involved with grain handling. The change to WAC 296-99-050 incorporated 
a court decision to stay the 1/8 inch action level contained in 29 CFR 
1910.272(i)(2). These changes were adopted on January 11, 1990, 
effective February 26, 1990, under Administrative Order 89-20. On June 
20, 1991, a letter from Joseph A. Dear, Director, to James W. Lake, 
Regional Administrator, made another State-initiated change to WAC 296-
99-050. This change made the State standard identical to the Federal 
standard 29 CFR 1910.272(i)(2). This change was necessary to 
incorporate the lifting of the stay by the courts to the 1/8 inch 
action level. This change was adopted on May 20, 1991, effective June 
20, 1991, under Washington Administrative Order 91-01. The State 
standard was originally approved in the Federal Register (54 FR 7304) 
on February 17, 1989.
    On its own initiative, the State submitted by letter dated October 
29, 1993, from Mark O. Brown, Director, to James W. Lake, Regional 
Administrator, a State standard amendment comparable to 29 CFR 
1910.1000, Table Z-3, Mineral Dusts. The significant difference is: the 
State lowered the permissible exposure limit for nuisance dust to 10 
milligrams per cubic meter. The change was adopted under Administrative 
Order 92-15 on December 11, 1992 and became effective on January 15, 
1993.
    On its own initiative, the State of Washington has submitted by 
letters dated February 8, 1991, from Joseph A. Dear, Director, to James 
W. Lake, Regional Administrator, amendments to its standards for 
Mechanical Power Presses, WAC 296-24-195; Powered Industrial Trucks, 
WAC 296-24-23023 and 296-24-23027; Cylinders and Containers, WAC 296-
24-68203; Stairway Railings and Guards, WAC 296-24-75009; Railings, 
Toeboards, and Cover Specifications, WAC 296-24-75011; and Xenon Bulb 
Safety Procedures, WAC 296-24-95611. The amendments were made to 
incorporate previously approved Washington Regional Directives (WRDs). 
For Mechanical Power Presses, WRDs 78-38 and 79-25 were adopted in 
response to OSHA Directives STD 1-12.20 and 1-12.24 respectively. For 
Powered Industrial Trucks, WRDs 77-37 and 81-22 were adopted in 
response to OSHA Directives STD 1-11.3 and 1-11.7 respectively. For 
Railings, Toeboards, and Cover Specifications, WRD 81-18 was adopted in 
response to OSHA Directive STD 1-1.10. The WRDs for Cylinders and 
Containers, Stairway Railings and Guards and Xenon Bulbs were 79- 43, 
77-11 and 85-1, respectively, and were State-initiated. The State 
amendments were adopted on January 10, 1991, effective February 12, 
1991, under Washington Administrative Order 90-18.
    All of these State standards changes have been incorporated as part 
of the Washington State plan. All of the Washington 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.
    2. Decision. OSHA has determined that the State standards and 
amendments for Hazardous Waste Operations and Emergency Response, 
Aerial Lifts, and Mineral Dusts are at least as effective as the 
comparable Federal standards, as required by Section 18(c)(2) of the 
Act. The Hazardous Waste amendments have been in effect since November 
15, 1990, the Aerial Lifts standard has been in effect since September 
10, 1992, and the Mineral Dusts amendment has been in effect since 
January 15, 1993. 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.) 


[[Page 8670]]
OSHA has also determined that the differences between the State and 
Federal amendments for all the remaining standards in this notice are 
minimal and that these State standards amendments are thus 
substantially identical. OSHA therefore approves these standards; 
however, the right to reconsider this approval is reserved should 
substantial objections be submitted to the Assistant Secretary.
    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, 
7273 Linderson Way, S.W., Tumwater, Washington 98501; and the Office of 
State Programs, Occupational Safety and Health Administration, Room N-
3700, 200 Constitution Avenue, NW, Washington, D.C. 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 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 standard amendments were adopted in accordance with the 
procedural requirements of State law and further public participation 
would be repetitious.
    This decision is effective (Sec. 18, Pub. L. 91-596, 84 STAT. 6108 
[29 U.S.C. 667]).

    Signed at Seattle, Washington, this 28th day of April 1995.
Richard S. Terrill,
Acting Regional Administrator.
[FR Doc. 96-5010 Filed 3-4-96; 8:45 am]
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