[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Notices]
[Pages 3534-3536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1564]


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DEPARTMENT OF LABOR

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 a Federal standard change, the State submitted by 
letter dated March 6, 1995, from Mark O. Brown, Director, to Richard S. 
Terrill, Acting Regional Administrator, a State standard identical to 
the Federal standards 29 CFR 1910.1201, 29 CFR 1915.100, 29 CFR 
1917.29, 29 CFR 1918.100 and 29 CFR 1926.61, Retention of DOT Markings, 
Placards and Labels, published in the Federal Register (59 FR 36695) on 
July 19, 1994. The State standard was adopted on January 18, 1995, 
effective March 10, 1995, under Washington Administrative Order 94-19.
    In response to Federal and State initiated standard changes, the 
State submitted by a letter dated December 20, 1991, from Mark O. 
Brown, Director, to James W. Lake, Regional Administrator, State 
standard amendments comparable to 1910.1025, Lead, published in the 
Federal Register (56 FR 24686) on May 31, 1991. The minor State 
initiated amendments included the incorporation of the appendices and a 
summary of employer responsibility regarding the lead standard 
provisions. The change was adopted in Administrative Order 91-07 on 
November 22, 1991, effective December 24, 1991.
    In response to a new Federal standard, the State submitted by 
letter dated November 17, 1993, from Mark O. Brown, Director, to James 
W. Lake, Regional Administrator, a State standard comparable to the 
Federal standard 29 CFR 1926.62, Lead Exposure in Construction; Interim 
Final Rule, published in the Federal Register (58 FR 26590) on May 4, 
1993. The State standard was adopted on October 29, 1993, effective 
December 10, 1993, under Washington Administrative Order 93-07. The 
State requires each employer to protect his/her own employees rather 
than for contractors on multi-contractor worksites to make arrangements 
among themselves. Other minor differences include correction of errors 
and deletion of the word ``interim''.
    On its own initiative, the State submitted by letter dated March 6, 
1995, from Mark O. Brown, Director, to Richard S. Terrill, Acting 
Regional Administrator, a State standard amendment comparable to 29 CFR 
1910.1025, Lead. The amendments add a new non-mandatory Appendix E to 
the previously approved WAC 296-62-07521, Lead standard. The State 
amendments were adopted on January 30, 1995, effective March 3, 1995, 
under Washington Administrative Order 94-15.
    On its own initiative, the State has submitted by letter dated June 
20, 1991, from Joseph A. Dear, Director, to James W. Lake, Regional 
Administrator, a State standard amendment which prohibits the use of 
4x29 inch wire rope in any maritime ``running rigging''. The State 
standard is comparable to 29 CFR 1917.43, Miscellaneous Auxiliary Gear. 
The change was adopted in Administrative Order 91-01 on May 20, 1991, 
effective June 20, 1991.
    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, amendments to the previously approved General 
Safety and Health Standards, WAC 296-24, which incorporated some of the 
Washington Industrial Safety and Health Administration (WISHA) Regional 
Directives (WRD) into appropriate standards. The significant State 
standard amendments are: WAC 296-24-15001(7), guarding of food waste 
disposal equipment: WAC 296-24-16517 additional requirements for the 
guarding and labeling of radial saws; WAC 296-24-20503(5), specific 
conditions that are required to be followed when operating sewing 
machines; WAC 296-24-550, requires means of egress for all buildings to 
be in accordance with the 1985 National Fire Code, (NFPA); WAC 296-24-
78007(6), specific construction requirements for Jacob's ladders; WAC 
296-24-82503, additional requirements for swinging scaffolds, use of 
screw shackles, hooks on blocks and lifelines size. The State 
amendments were adopted on January 11, 1990, effective February 26, 
1990, under Washington Administrative Order 89-20.
    On its own initiative, the State submitted by letter dated February 
8, 1991, from Joseph A. Dear, Director, to James W. Lake, Regional 
Administrator, amendments to the previously approved WAC 296-155-950, 
Rollover Protective Structures for Material Handling Equipment. The 
significant state standard amendment, which incorporated a Washington 
Industrial Safety and Health Administration (WISHA) Regional Directive 
(WRD), references the 1980 Society of Automotive Engineers (SAE) test 
criteria. The State amendments were adopted on January 10, 1991, 
effective February 12, 1991, under Washington Administrative Order 90-
18.
    On its own initiative, the State submitted by letter dated June 20, 
1991, from Joseph A. Dear, Director, to James W. Lake, Regional 
Administrator, a State standard amendment comparable to 29 CFR 
1910.243(d)(1)(i) and 29 CFR 1910.243(d)(3)(iv), Guarding of Portable 
Powered Tools. The State standard was amended to adopt the 1985 edition 
of ANSI A10.3, Safety Requirements for Power Actuated Fastening 
Systems. The State amendments were adopted May

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20, 1991, effective June 20, 1991, under Washington Administrative 
Order 91-01.
    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 amendment comparable to 29 CFR 1910, 
General Safety and Health Standards. The State standard at WAC 296-24 
was amended to add gender neutral language and make other housekeeping 
changes. The State amendments were adopted July 20, 1994, effective 
September 20, 1994, under Washington Administrative Order 94-07.
    On its own initiative, the State submitted by letter dated January 
4, 1993, from Joseph A. Dear, Director, to James W. Lake, Regional 
Administrator, a State standard amendment comparable to 29 CFR 
1926.201(a)(3) and 29 CFR 1926.210(a)(4), Signaling. The State standard 
was amended to adopt: current edition of ANSI D6.1, Uniform Traffic 
Control Devices; approved training every three years; and flaggers must 
have in their possession a certificate verifying required training. The 
State amendments were adopted December 11, 1992, effective January 15, 
1993, under Washington Administrative Order 92-15.
    On its own initiative, the State submitted by letter dated October 
22, 1993, from Mark O. Brown, Director, to James W. Lake, Regional 
Administrator, a State standard amendment comparable to 29 CFR 
1926.200(g)(2) and 29 CFR 1926.200(h)(1)(i), Accident Prevention Signs 
and Tags. The State standard was amended to not only require signs, but 
to clarify that all traffic control signs and devices used in 
construction must be made and installed according to the 1988 edition 
of ANSI D6.1, Uniform Traffic Control Devices for Street and Highways. 
The State amendments were adopted December 11, 1992, effective January 
15, 1993, under Washington Administrative Order 92-15; and were adopted 
September 22, 1993, effective November 1, 1993, under Washington 
Administrative Order 93-04.
    On its own initiative, the State submitted by letter dated October 
26, 1994, from Mark O. Brown, Director, to James W. Lake, Regional 
Administrator, amendments to the previously approved WAC 296-306-020, 
Serious Injury Reporting. The amendments were to incorporate the April 
1, 1994 Federal reporting requirements in 29 CFR 1904.8, which reduced 
the reporting time from 24 to 8 hours, into the State of Washington's 
vertical Agriculture standard. The State amendments were adopted on 
September 30, 1994, effective November 20, 1994, under Washington 
Administrative Order 94-16.
    On its own initiative, the State submitted by letter dated October 
14, 1992, from Mark O. Brown, Director, to James W. Lake, Regional 
Administrator, amendments to the previously approved State standard, 
WAC 296-78-515, Management's Responsibility. The amendments 
incorporated the April 1, 1994 Federal reporting requirements in 29 CFR 
1904.8 into the State of Washington's Sawmills and Woodworking 
Operations standard. The State amendments were adopted on September 30, 
1994, effective November 20, 1994, under Washington Administrative 
Order 94-16.
    In response to Federal and State initiated standard changes, the 
State submitted by a letter dated June 20, 1991, from Joseph A. Dear, 
Director to James W. Lake, Regional Administrator, a State standard 
amendment comparable to 29 CFR 1926.100(c), Head Protection. In 
response to a U.S. Supreme Court decision, which denied relief to any 
individual from the obligation to comply with a neutral, generally 
applicable regulatory law, the State eliminated language that gave an 
exemption for wearing hard hats to Old Order Amish and Sikh Dharma 
Brotherhood. The amendment was adopted in Administrative Order 91-01 on 
May 20, 1991, effective June 20, 1991.
    On its own initiative, the State submitted by letter dated June 20, 
1991, from Joseph A. Dear, Director, to James W. Lake, Regional 
Administrator, State standard amendments to WAC 296-62-07540, 
Formaldehyde. This standard was originally approved in the Federal 
Register (57 FR 12947) on April 14, 1992. The State initiated 
amendments add WAC references comparable to those in the Federal 
Formaldehyde standard. The State standard amendments were adopted under 
Washington Administrative Order 91-01 on May 20, 1991, effective June 
20, 1991.
    In response to Federal standard changes, the State submitted by 
letter dated November 30, 1992, from Joseph A. Dear, Director, to James 
W. Lake, Regional Administrator, corrections to the State standard at 
WAC 296-62-07540 comparable to corrections to the Federal standard, 29 
CFR 1910.1048, Formaldehyde, as published in the Federal Register (57 
FR 22290) on May 27, 1992, (57 FR 24701) on June 10, 1992, and (57 FR 
27160) on June 18, 1992. The State corrections are contained in 
Administratsive Order 92-13, adopted November 10, 1992, effective 
December 18, 1992.
    All of 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. These standards changes have been incorporated as part of the 
State plan.

2. Decision

    OSHA has determined that the State standard amendments for 
Miscellaneous Auxiliary Gear, General Safety and Health Standards 
(1990), Rollover Protective Structures for Material Handling Equipment, 
Guarding of Portable Power Tools, Signaling, and Accident Prevention 
Signs and Tags are at least as effective as the comparable Federal 
standards, as required by Section 18(c)(2) of the Act. These amendments 
have been in effect since at least November, 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.) OSHA has also 
determined that the differences between the State and Federal 
amendments for Lead, Lead in Construction, General Safety and Health 
Standards (1994), Serious Injury Reporting, Management's 
Responsibility, Head Protection and Formaldehyde are minimal and that 
the State amendments are thus substantially identical. OSHA therefore 
approves these 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 
amendment for Retention of DOT Markings, Placards and Labels is 
identical to the comparable Federal standard, and therefore approves 
the amendment.

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

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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 reasons:
    1. The standard amendments are as effective as the Federal 
standards which were promulgated in accordance with the Federal law, 
including meeting requirements for public participation.
    2. 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 January 23, 1997.

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

    Signed at Seattle, Washington, this 10th day of December 1996.
Richard S. Terrill,
Acting Regional Administrator.
[FR Doc. 97-1564 Filed 1-22-97; 8:45 am]
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