WISHA Interim Operations Memorandum #98-6-H

Washington Department of Labor and Industries
#98-6-H
Programmed WISHA Activities in Electrical Utilities & Communication

Approved:
Michael Wood, Senior Program Manager
Policy & Technical Services

Date Issued:
June 1, 1998

Background

Most Washington employers are subject to Title 49.17 RCW, the Washington Industrial Safety and Health Act (WISHA). RCW 49.17.050(6) specifically requires the department to "provide for the frequency, method, and manner of the making of inspections of work places without advance notice." WAC 296-27-16026 specifically provides for inspections of general industry using either a "general scheduling system" or a "special emphasis targeting system." These provisions are distinct from those related to "high hazard" industries, which include construction, logging, seasonal agriculture, maritime, and electrical utilities and communications.

The WISHA Performance Agreement with the federal Occupational Safety and Health Administration (OSHA), signed December 4, 1997, requires certain changes in WISHA’s overall targeting strategy. Among these are stricter adherence to targeting protocols and closer coordination between enforcement and consultation targeting efforts, as well as additional guidance regarding inspections within the "high hazard" industries.

Based on a series of meetings and other conversations with regional staff since the Performance Agreement and its supporting policies were implemented, several revisions are being made to this and other policies related to programmed inspections. Changes have also been made as a result of comments made by federal OSHA in response to the previous policies.

This interim memorandum, which rescinds WISHA Interim Operations Memorandum #98-1-H, will remain in effect until replaced with more formal guidance (or a new interim policy). It provides guidance to WISHA compliance and consultation staff regarding programmed activities within electrical utilities and communication.

Policy

1. WISHA regional compliance supervisors are responsible for managing the appropriate assignment of inspections within the electrical utilities and communication industries.

a. WISHA compliance supervisors have a responsibility to ensure that staff focus their attention on those work sites where they are likely to identify the greatest number of serious hazards.

b. WISHA safety and hygiene compliance supervisors are expected to make a particular effort, using any resources available to them, to identify and inspect those electrical utilities and communication employers who appear on the SHIMS target lists. To the extent possible, such inspections should be given priority over other programmed inspections within the electrical utilities and communications industries.

2. Inspections within the electrical utilities and communication industries are to be considered "programmed" inspections unless they are fatality/catastrophe investigations or have been initiated in response to specific complaints or referrals. All such programmed inspections are to be comprehensive hygiene or safety inspections of the work site and/or operation, including an evaluation of the employer’s overall safety and health program.

3. WISHA consultation services that result from employer-specific marketing to employers within the electrical utilities and communications industries will be considered "programmed" consultation activity for the purposes of the OSHA-WISHA Performance Agreement.