[Federal Register Volume 64, Number 1 (Monday, January 4, 1999)]
[Notices]
[Pages 184-186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34742]


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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 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 September 2, 1994, from Mark O. Brown, Director, to James 
W. Lake, Regional Administrator, a state standard amendment comparable 
to 29 CFR 1910.1200, 1926.59, 1915.1200, 1917.28, 1918.90 and 
1928.21(a)(5), Hazard Communication for General Industry, Construction, 
Maritime and Agriculture, as published in the Federal Register on

[[Page 185]]

February 9, 1994 (59 FR 6126). The state standards were adopted by 
Administrative Order 94-08 on August 3, 1994, with an effective date of 
September 12, 1994. The major difference is that there is no exemption 
for nuisance particulates. Employers must also follow the state's 
permissible exposure limits (PELS) for evaluation of employee exposures 
and training, not the ones listed on a material safety data sheet. A 
review of the standard revealed discrepancies and the submission was 
returned to the State for correction. On November 17, 1995, the state 
submitted by letter from Mark O. Brown, Director, to Richard S. 
Terrill, Acting Regional Administrator, corrections to the 
discrepancies and state standard amendments in response to the federal 
Hazard Communication standard amendments published in the Federal 
Register on December 22, 1994 (59 FR 65947). The state standard 
amendments were adopted by Administrative Order 94-19 on October 20, 
1995, effective January 16, 1996. A review of the amendments revealed 
discrepancies and the submission was returned to the State for 
correction. On July 10, 1997, the state submitted by letter from Gary 
Moore, Director, to Richard S. Terrill, Acting Regional Administrator, 
the requested corrections. The corrections were adopted by 
Administrative Order 96-15 on May 20, 1997, effective August 1, 1997. 
The state standards are contained in WAC 296-62-054.
    In response to a Federal standard change, the state submitted by 
letter dated October 14, 1994, from Mark O. Brown, Director, to James 
W. Lake, Regional Administrator, state standard amendments comparable 
to 29 CFR 1910.137, Electrical Protective Equipment, as published in 
the Federal Register on January 31, 1994 (59 FR 4435) and 29 CFR 
1910.135, Head Protection, as published in the Federal Register on 
April 6, 1994 (59 FR 16362). The state standards were adopted by 
Administrative Order 94-16 on September 30, 1994, effective November 
20, 1994. A review of the standard revealed discrepancies and the 
submission was returned to the State for correction. On May 8, 1996, 
the state submitted by letter from Mark O. Brown, Director, to Richard 
S. Terrill, Acting Regional Administrator, the requested corrections 
and the standards are contained in WAC 296-24-084 and WAC 296-24-092. 
The change was adopted by Administrative Order 96-01 on April 10, 1996, 
effective June 1, 1996. The original state standard for Head 
Protection, WAC 296-24-084, received approval on January 30, 1976 (41 
FR 4689).
    In response to Federal standard changes, the state submitted by 
letter dated July 10, 1997, from Gary Moore, Director to Richard S. 
Terrill, Acting Regional Administrator, a state standard amendment 
comparable to 29 CFR 1910.133(a)(1), (a)(2), (a)(3) & (a)(5), Eye and 
Face Protection, 1910.135(a)(1) & (a)(2), Head Protection and 
1910.136(a), Foot Protection as published in the Federal Register on 
May 2, 1996 (61 FR 19548) and May 9, 1996 (61 FR 21228). The state 
standards are contained in WAC 296-24-078, WAC 296-24-084 and WAC 296-
24-088, and were adopted by Administrative Order 96-15 on May 20, 1997, 
effective August 1, 1997. The original state standards for Eye and Face 
Protection, Head Protection and Foot Protection received approval on 
January 30, 1976 (41 FR 4689).
    In response to a Federal standard change, the State submitted by 
letter dated October 17, 1997, from Gary Moore, Director, to Richard S. 
Terrill, Acting Regional Administrator, a state standard comparable to 
29 CFR 1910.1051, 1910.1000, Table Z-1, 1915.1000, 1926.55 and 1910.19, 
1,3-Butadiene, as published in the Federal Register on November 4, 1996 
(61 FR 56745). The state standard amendment was adopted on September 5, 
1997, effective November 5, 1997, under Washington Administrative Order 
97-07. The state standards are contained in WAC 296-62-07460.
    In response to a Federal standard change, the state submitted by 
letter dated October 20, 1997, from Gary Moore, Director, to Richard S. 
Terrill, Acting Regional Administrator, a state standard comparable to 
29 CFR 1910.19(m), 1910.1000, 1910.1052, 1915.1052, 1926.55 and 
1926.1152, Methylene Chloride, as published in the Federal Register on 
January 10, 1997 (62 FR 1494). The state standard amendment was adopted 
on September 2, 1997, effective December 1, 1997, under Washington 
Administrative Order 97-08. The state standards are contained in WAC 
296-62-07470.
    In a response to Federal standard changes, the State has submitted 
by letter dated November 26, 1997, from Michael A. Silverstein, M.D., 
Assistant Director, to Richard S. Terrill, Acting Regional 
Administrator, State standards comparable to 29 CFR 1910.272, Grain 
Handling Facilities as published in the Federal Register (61 FR 9577) 
on March 8, 1996. The state standard amendment was adopted on November 
3, 1997, effective January 1, 1998, under Washington Administrative 
Order 96-17. The main difference is that the State standard is written 
in plain language format. The state standards are contained in WAC 296-
99.
    In response to Federal standard changes, the State has submitted by 
letter dated April 3, 1998, from Michael A. Silverstein, Assistant 
Director, to Richard S. Terrill, Acting Regional Administrator, a State 
standard comparable to the Federal standard, 1926.450, 1926.451, 
1926.452, 1926.453, 1926.454 and Appendix A, C, D and E, Scaffolds, 
published in the Federal Register (61 FR 46026) on August 30, 1996. The 
State standard was adopted on February 13, 1998, effective April 15, 
1998, under Administrative Order 97-10. The state standards are 
contained in WAC 296-155-481 through 498.
    On its own initiative, the State of Washington has submitted by 
letter dated February 8, 1991, from Joseph A. Dear, Director, to James 
W. Lake, Regional Administrator, a State standard for Crane and Derrick 
Suspended Personnel (Work) Platforms. The State's submission was 
adopted on January 10, 1991, effective February 12, 1991, under 
Washington Administrative Order 90-18. A review of the standard 
revealed discrepancies and the submission was returned to the State for 
correction. On May 16, 1996, the State submitted a corrective amendment 
that made the changes requested. This submission was adopted on April 
10, 1996, effective June 1, 1996, under Washington Administrative Order 
96-01. The major difference is the broader scope: the standard applies 
not just to construction industry employers, but to all employers who 
use cranes and derricks. The State standard is contained in WAC 296-24-
23533. The original state standard for Overhead and Gantry Cranes, WAC 
296-24-235, received approval on January 26, 1973 (38 FR 2421).
    On its own initiative, the State of Washington has submitted by 
letter dated September 7, 1995, from Mark O. Brown, Director, to 
Richard S. Terrill, Acting Regional Administrator, corrections to the 
Safety Standards for Cranes and Derricks used in Construction, WAC 296-
155-525. The State's submission was adopted on August 8, 1995, 
effective September 25, 1995, under Washington Administrative Order 95-
04. The state added definitions and an appendix from applicable ANSI/
ASME standards. A review of the standard revealed discrepancies and the 
submission was returned to the State for correction. On June 27, 1997, 
the State submitted a corrective amendment that made the requested 
changes. This submission was adopted on May 20, 1997, effective

[[Page 186]]

August 1, 1997, under Washington Administrative Order 96-15. The 
original state standard for Cranes and Derricks in Construction, WAC 
296-155-525, received approval on February 9, 1982 (47 FR 5956).
    On its own initiative, the State of Washington has submitted by 
letter dated January 26, 1998, from Michael A. Silverstein, Assistant 
Director, to Richard S. Terrill, Acting Regional Administrator, a state 
standard change to Chapters 296-62-11015 WAC and 296-24-675 WAC, Safe 
Practices of Abrasive Blasting Operations. The amendments to Chapter 
296-24-675 incorporates similar language on abrasive blasting found in 
Chapter 296-62-11015, and simplifies or clarifies this language. The 
requirements in Chapter 296-62 were deleted and a reference is made to 
the new consolidated standard in Chapter 296-24. The State's submission 
was adopted on December 26, 1997, effective March 1, 1998, under 
Washington Administration Order 98-18. The original state standards 
received approval on August 17, 1976 (41 FR 34837).
    On its own initiative, the State submitted by letter dated February 
27, 1998, from Michael A. Silverstein, Assistant Director, to Richard 
S. Terrill, Acting Regional Administrator an amendment to their 
standard for Guarding of Abrasive Wheel Machinery, WAC 296-24-18005. 
The amendment was made to incorporate a previously approved Washington 
Regional Directive 6.69 which was adopted in response to OSHA Directive 
STD 1-12.26A. The State amendment was adopted on December 31, 1997, 
effective January 31, 1998, under Washington Administrative Order 97-
22. The original state standard received approval on June 4, 1976 (41 
FR 22655).
    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.
    2. Decision. OSHA has determined that the State standards 
amendments for Electrical Protective Equipment, Head Protection, Eye 
and Face Protection, Foot Protection, 1,3-Butadiene, Methylene 
Chloride, Abrasive Blasting, Guarding of Abrasive Wheel Machinery, 
Scaffolds, Grain Handling, Hazard Communication (1996-1997 changes), 
Cranes and Derricks (1997 change), and Crane and Derrick Suspended 
Personnel Platforms (1998 change) 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 these State 
and Federal standards amendments are minimal and that the amendments 
are thus substantially identical. OSHA has determined that the earlier 
State standard amendments for Hazard Communication, Crane and Derrick 
Suspended Personnel Platforms and Cranes and Derricks are at least as 
effective as the comparable Federal standard, as required by Section 
18(c)(2) of the Act. The Hazard Communication amendment has been in 
effect since September 12, 1994, the Crane and Derrick Suspended 
Platforms amendment has been in effect since February 12, 1991, and the 
Crane and Derrick standard amendments have been in effect since 
September 25, 1998. During this time OSHA has received no indication of 
significant objection to the State's different standards either as to 
their effectiveness in comparison to the Federal standard or as to 
their 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 standards 
amendments; 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, 
Division of Industrial Safety and Health, 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 Web Page 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 reasons:
    1. The standard amendments are as effective as the Federal 
standards which was 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 4, 1999.

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

    Signed at Seattle, Washington, this 16th day of October, 1998.
Richard S. Terrill,
Acting Regional Administrator.
[FR Doc. 98-34742 Filed 12-31-98; 8:45 am]
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