Monthly DOSH Rules Update Summary

DOSH rules project timelines as of April 2, 2014

Please Note: These dates are subject to change. All hearings are held in Tumwater unless otherwise noted.

DOSH Rules Adopted Recently - Post Effective Date

Hazard Communication - Global Harmonization Sysem (Phase 1)
Expedited proposal 12-18-12, Adoption 3-5-13, Effective April 15, 2013 with subsequent varying effective dates (see rule filing or compliance schedule below for details). Expand or collapse.See compliance schedule

Implementation / Enforcement Date(s) Requirements Who
June 1, 2014 Train employees on the new label elements and safety data sheet (SDS) format. Employers
June 1, 2015 Compliance with all provisions of the WAC 296-901 final rule, except as listed below: Chemical manufacturers, importers, distributors, and employers
December 1, 2015 The Distributor must not ship containers labeled by the chemical manufacturer or importer unless it has GHS (Global Harmonization System) label. Distributors
June 1, 2016 Update alternative workplace labeling and Hazard Communication Program as necessary, and provide additional employee training for newly identified physical or health hazards. Employers
Transition Period to the effective completion dates noted above.

May comply with the applicable requirements in the following rules:

Chemical manufacturers, importers, distributors, and employers

  • In March 2012, OSHA updated its Hazard Communication Standards by adopting the Hazard Communication-Globally Harmonized System of Classification (GHS) - effective on May 25th, 2012.
    • The new OSHA rule adopted new language and new requirements.
    • The first new requirements in the OSHA GHS standard become effective in 2013 and continue through 2016.
    • DOSH's rulemaking effort will ensure that WA State's rules are "at least as effective" OSHA's.
  • DOSH rules will be substantially similar to OSHA and follow a similar implementation schedule.
  • 2 Phase rulemaking effort - is the most efficient method to incorporate the required changes to the appropriate DOSH safety and health rules and maintain rules that are "at least as effective as OSHA" during the transition from the older Hazard Communication Standard to the newer GHS standard.
    • Phase 1 - expedited rule package filed on December 18, 2012 to adopt state Hazard Communication rule substantially similar to the OSHA GHS rule.
    • Phase 2 - DOSH filed a CR-101 on May 21, 2013 to change the 27 WAC rules affected by the new GHS rules. Will also incorporate the additional changes to the rule made by OSHA on February 8th, 2013.

Hazardous Drugs
Preproposal 7-19-11, Proposal 10-18-11, Hearings 11-28-11 & 12-1-11, Adoption 1-3-12, Effective 1-1-14.

The Legislature passed ESSB 5594 relating to handling of hazardous drugs. The department incorporated rules according to the National Institute for Occupational Safety and Health (NIOSH) relating to handling of hazardous drugs.

Outreach efforts continue:

  • DOSH developed 3 sample template hazardous drug control programs for small businesses; they are posted on the DOSH website Hazardous Drugs Program Guides.
  • DOSH is meeting with stakeholders to produce an industry model program.

Head Protection
CR-105 expedited rulemaking on 10/22/13; Comment period ends 12-22-13; Adoption: 1-7-14; Effective 2-10-14

  • In September 2012, OSHA's revised rules became effective to revise consensus standards for head protection referenced in personal protective equipment (PPE) for several industry standards.
  • DOSH will adopt revisions to our standard rule that are at least as effective as OSHA's Direct Final Rule.

Fire Fighting
Preproposal 11-4-08, Proposal 8-21-12, Hearings Sept & Oct 2012, Adoption 2-19-13, Effective 1-1-14.

  • The fire fighting rules are being updated and rewritten for clarity, ease of use, and understanding with the assistance of a stakeholder group consisting of business, labor and the Fire Chiefs.

Safety Standards for Construction Work (WAC 296-155-305)
CR-105 expedited rulemaking filed 9/3/2013; Comment period ended 11/5/13; other filings TBD; Adoption 12-2-13; Effective 1-6-14

  • Remove the reference to an external broken link to DOT and substitute a general reference to the DOT site with a suggested search description for the document(s) in question. No rule requirement changes.

DOSH Rules - Recently Adopted With Prospective Effective Date

Hazard Communication (GHS) Phase 2
Preproposal 5-21-2013, Proposal 11/5/2013, Hearings 3/7/2014, Adoption (CR-103) 3/18/2014, Effective : 5/1/2014 (See Phase 1)

  • This proposed CR-101 filing constitutes Phase 2 of the rulemaking effort to change the 27 WAC rules affected by the new GHS rules.

Safety Standards for Possession, Handling, and Use of Explosives (Chapter 296-52, WAC)
CR-105 Filed 12-2-13; Comment period ends 45 days after distribution (2-2-14); Adoption 3-24-14; Effective 5-1-14.

  • Revise WACs to align with recently enacted legislation that allows law enforcement to carry a certain type of explosive (flash bangs).

DOSH Rules — Pre-Adoption Stage

Compressed Air / Tunneling
Preproposal 9-18-12, Proposal TBD, Hearing TBD, Adoption TBD, Effective TBD.

  • In response to petitions for rulemaking and other requests from labor and business industry stakeholders, DOSH is beginning rulemaking to update the compressed air work requirements located in Chapter 296-36 WAC, Safety Standards – Compressed Air Work, and Chapter 296-155 WAC Part Q, Safety Standards for Construction Work, Underground Construction.
  • Additional information is also located on the tunneling/hyperbaric safety topic page.

DOSH Penalties
Preproposal 4-22-14; hearings & other filings TBD.

During the 2012-2013 legislative sessions, the WA Legislature requested that DOSH review its penalties with the WISHA Advisory Committee and report back to the Legislature to address concerns about whether DOSH's penalties meet or exceed OSHA penalty requirements. DOSH provided its recommendations to the WISHA Advisory Committee, received its input, and will incorporate the committee's input into the rulemaking process. A CR-101 likely to be filed in Spring 2014 to revise DOSH penalty calculations to align with OSHA mandate. DOSH conducting additional stakeholdering to obtain input prior to filing CR-101 prenotice.

eRules Reformatting Project:
Anticipate about 10 staged CR-105 expedited rulemaking filings.1st rulemaking package filed on June 18, 2013 as CR-105 notice of expedited adoption of rules.  Timely objection received, CR-105 now treated as CR-101.  CR-102 notice of proposed rule to be filed 12/17/13. Hearings: 1/23/14 & 3/11/14, Adoption: 4/22/14, Effective: 7/1/14

  • The eRules project will reformat all DOSH rules for easier use (e.g. search navigation), clearer understanding, and greater stakeholder access (including by mobile device).
  • No changes to rulemaking requirements.
  • Project will be comprised of about 10 staged expedited-filing packages with several rules addressed at a time. 4 rules included in the first stage.
  • The department anticipates that the entire project should take about 4 years to complete.

Global Harmonization – Agriculture Rule
Filings TBD

  • Rulemaking necessary to incorporate Global Harmonization (Hazard Communication) into the Agriculture rule (Chapter 296-307, WAC).

High Voltage / Helicopters
Preproposal: 3-5-2013, Proposal TBD, Hearing TBD, Adoption TBD, Effective TBD.

  • The department is working with stakeholders to update and clarify safety requirements in Chapter 296-45 WAC (Electrical Workers) that relate to electrical work being done on or around a helicopter. Input received from 7 stakeholder meetings currently being considered internally. More stakeholder meetings will likely be scheduled by Spring 2014 after DOSH electrical expert position filled.

Lockout - Tagout / Sawmills Chapter 296-78, WAC
Anticipated CR-101 filing 4-22-2014 Hearings: TBD; Adoption: TBD; Effective: TBD

  • The department has decided to initiate rulemaking in response to a petition requesting the department to add a reference to Chapter 296-803, Lockout/tagout.

Telecommunications
CR-101 filed 8-6-13; other filings TBD.

  • The vertical code for the telecommunications industry is out-of-date and is being updated and rewritten for clarity, ease of use, and understanding. A business and labor ad hoc advisory process will be used.

DOSH Rules Adopted more than 6 months ago - still working on

None


Filing Legend: CR-101 = Prenotice/statement of inquiry; CR-102 = notice of proposed rule; CR-103 = order of adoption; CR-105 = notice for expedited adoption of rules. (See RCWs: 34.05.310; 34.05.320; 34.05.360; 34.05.353).

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