[Federal Register Volume 65, Number 105 (Wednesday, May 31, 2000)]
[Notices]
[Pages 34738-34739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13484]


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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 November 9, 1994, from Mark O. Brown, Director, to James 
W. Lake, Regional Administrator, a State standard amendment comparable 
to 29 CFR 1910.269, Electric Power Generation, Transmission and 
Distribution, as published in the Federal Register on January 31, 1994, 
(59 FR 4320), and subsequent corrections published in the Federal 
Register on June 30, 1994 (59 FR 33658). The State standards were 
adopted by Administrative Order 94-16 on September 30, 1994, with an 
effective date of November 20, 1994. A review of the standard revealed 
discrepancies and the submission was returned to the State for 
correction. On April 22, 1998, the State submitted by letter from 
Michael A. Silverstein, Assistant Director, to Richard S. Terrill, 
Regional Administrator, corrections to the discrepancies. The State 
standard amendments were adopted by Administrative Order 97-17 on March 
6, 1998, with an effective date of May 6, 1998. A review of the 
amendments revealed new discrepancies and the submission was returned 
to the State for correction. On June 15, 1999, the State submitted by 
letter from Michael A. Silverstein, Assistant Director, to Richard S. 
Terrill, Regional Administrator, the requested corrections. The 
corrections were adopted by Administrative Order 99-04 on April 20, 
1999, and became effective on August 1, 1999. The State standards are 
contained in Chapter 296-45 WAC, Safety Standards for Electrical 
Workers. OSHA has determined the following major differences between 
the State and Federal standards: (1) The State standards did not adopt 
provisions for live-line bare-hand work. The State requires that rubber 
gloves be only used on voltages of 5,000 or less between phases. (2) 
The State standards contain numerous supplemental requirements such as 
that for underground residential distribution. The State standards also 
incorporate the requirements of the 1997 National Electrical Safety 
Code (NESC) (ANSI-C2), Parts (1), (2) and (3) by reference.
    On its own initiative, the State of Washington has submitted by 
letter dated July 27, 1998, from Michael A. Silverstein, Assistant 
Director, to Richard S. Terrill, Acting Regional Administrator, an 
amendment to its Construction Safety standard at WAC 296-155-130 for 
below the hook rigging. On December 18, 1998, the amendment was 
returned to the State for clarification of several issues. On February 
22, 1999, in a letter from Michael A. Silverstein, to Richard S. 
Terrill, Regional Administrator, clarification was submitted and the 
standard was found to be comparable to Federal OSHA standards. The main 
difference is the State amendment was made so the rigging codes would 
be easier to follow and be located in one place in the Construction 
Safety standards rather than in various parts. The State's submission 
was adopted by Washington Administrative Order 96-20 on June 15, 1998, 
and became effective on August 15, 1998.
    On its own initiative, the State has submitted by letter dated 
March 26, 1999, from Michael A. Silverstein, Assistant Director, to 
Richard S. Terrill,

[[Page 34739]]

a State amendment to Washington Health Standards for Emergency Washing 
Facilities contained in Chapter 296-62. Prior to the change, the 
State's compliance and consultation officers relied on WAC 296-62-130, 
WRD 12.35, WRD 91-13A and ANSI Z358.1-1990 to verify compliance with 
emergency washing facility requirements. This action replaces WISHA 
Regional Directive 12.35 and WISHA Regional Directive 91-13A. The main 
difference is the State's amendment revises the current rule by 
explicitly incorporating certain ANSI requirements in order to 
eliminate confusion and provide more specific information to the 
employer. The State's submission was adopted by Washington 
Administrative Order 98-18 on March 17, 1999, effective June 17, 1999.
    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 standard amendments for Electric 
Power Generation, Transmission and Distribution are as least as 
effective as the comparable Federal standards, as required by section 
18(c)(2) of the Act. The major differences in these amendments have 
been in effect since November 20, 1994. During that time OSHA has 
received no indication of significant objection to the State's 
different standard either as to its effectiveness in comparison to the 
Federal standard 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.
    OSHA has determined that the State amendments to its Construction 
Safety Standard (below the hook rigging) and Emergency Washing 
Facilities 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 amendments and the 
Federal amendments are minor. 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 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, SW., Tumwater, Washington 98501; and the Office of State 
Programs, Occupational Safety and Health Administration, Room N-3476, 
200 Constitution Avenue, NW., Washington, DC 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

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

    Signed at Seattle, Washington, this 11th day of 2000.
Richard S. Terrill,
Regional Administrator.
[FR Doc. 00-13484 Filed 5-30-00; 8:45 am]
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