(1) This chapter has been compiled with the purpose of consolidating
safety and health construction safety standards into one chapter of the
Washington Administrative Code, by the promulgation of the standards contained
herein. It is also the intent that the safety standards of the Washington
state department of Labor & Industries, will be at least as effective
as those adopted by the U.S. Department of Labor and administered by the
Occupational Safety and Health Administration as published in the Code
of Federal Regulations. The department of Labor & Industries is incorporating
many of the preexisting construction safety standards and adding new standards
under this chapter.
(2) Attention is called to the fact that certain Washington state standards
contain standards and/or regulations applicable to all industries. These
include, but are not limited to: The code for boilers and pressure vessels;
the code for pressure piping; the general industrial safety and health
standards; the general occupational health standards; regulations of the
department of social and health services..
WAC 296-155-003 Subsections,
subdivisions, items, subitems, and segments.
(1) That portion of section numeration appearing after the chapter
designation appears in either a three digit or a five digit format
(e.g. WAC
296-24-330 and 296-24-33002). The final two digits of the
section number are implied decimal extensions of the first three
digits and represent a further division of the three digit enumeration.
(2) Sections of this chapter may be divided into subsections (1), (2),
(3), etc., which may in turn be divided into subdivisions (a), (b), (c),
etc., which may be further divided into items (i), (ii), (iii), etc.,
which may be further divided into subitems (A), (B), (C), etc., which
may be further divided into segments (aa) [(I)], (bb) [(II)], (cc) [(III)],
etc., all according to the following hierarchy, e.g.
Note: “Part” as used in this standard means a major
division of this chapter relating to a specific topic or topics and containing
various related sections.
(1) The standards included in this chapter apply throughout the state
of Washington, to any and all work places subject to the Washington
Industrial Safety and Health Act (chapter
49.17 RCW), where construction, alteration, demolition, related
inspection, and/or maintenance and repair work, including painting
and decorating, is performed. These standards are minimum safety
requirements with which all industries must comply when engaged
in the above listed types of work.
(2) If a provision of this chapter conflicts with a provision
of the general safety and health standard (chapter
296-24 WAC), the general occupational health standard (chapter
296-62 WAC), or the safety and health core rules (chapter
296-800 WAC), the provision of this chapter shall prevail.
When a provision of this chapter conflicts with a provision of
another vertical safety standard applying to the place of work,
the provisions of the vertical standard of specific application
shall prevail.
WAC 296-155-006 Equipment
approval by nonstate agency or organization.
Whenever a provision of this chapter states that only that equipment
or those processes approved by an agency or organization other than the
department of Labor & Industries, such as the Underwriters Laboratories
or the Mine Safety and Health Administration (MSHA) and the National Institute
for Occupational Safety and Health (NIOSH), shall be utilized, that provision
shall be construed to mean that approval of such equipment or process
by the designated agency or group shall be prima facie evidence of compliance
with the provisions of this chapter.
WAC 296-155-007 Incorporation
of standards of national organization.
Whenever a provision of this chapter incorporates by reference a national
code or portion thereof which has been adopted by and is currently administered
by another state agency, compliance with those provisions adopted and
administered by such other state agency, if from a more recent edition
of such national code, will be deemed to be prima facie evidence of compliance
with the provisions of this chapter.
WAC 296-155-008 Incorporation
of standards of federal agency.
(1) Whenever a provision of this chapter incorporates therein provisions
of the Code of Federal Regulations (CFR) and changes thereto, or any other
regulations adopted by an agency of the federal government, that provision
of this chapter shall be construed to mean that compliance with such regulations
shall be prima facie evidence of compliance with the provisions of this
chapter.
(2) Whenever a provision of this chapter incorporates therein provisions
of the Code of Federal Regulations, the provisions so incorporated shall
be those in effect on the date of effectiveness of this chapter, unless
the content of the incorporating section specifies otherwise.
WAC 296-155-009 Equipment
whether or not owned by, or under control of the employer.
(1) It is the employer's responsibility to ensure that any defective
equipment or tools are not used.
(2) When any tool or piece of equipment fails to meet the requirements
of any safety standard or recognized safe practice, the tool or equipment
shall not be used.
Realizing that conditions may exist in operations under which certain
state standards will not have practical application, the director of the
department of Labor & Industries or his/her authorized representative
may, pursuant to this section, sections eight or nine of the Washington
Industrial Safety and Health Act (chapter 80, Laws of 1973, RCW 49.17.080
and 49.17.090) and appropriate administrative rules of this state and
the department of Labor & Industries and upon receipt of application
and after adequate investigation by the department, permit a variation
from these requirements when other means of providing an equivalent measure
of protection are afforded. Such variation granted shall be limited to
the particular case or cases covered in the application for variance and
may be revoked for cause. The order granting a variance shall be conspicuously
posted on the premises and shall remain posted during the time it is in
effect. A copy of the variance shall be available at the work site. All
requests for variances from safety and health standards included in this
chapter, shall be made in writing to the director of the department of
Labor & Industries at Olympia, Washington, or his/her duly authorized
representative, Department of Labor & Industries, P.O. Box 44600, Olympia,
Washington 98504-4600.
WAC 296-155-012 Definitions
applicable to all sections of this chapter.
Note: Unless the context indicates otherwise, words
used in this chapter shall have the meaning given in this section. Certain
parts of this chapter contain definitions as they apply to that particular
part.
“Approved” means approved by the director of the
department of Labor & Industries or his/her authorized representative:
Provided, however, That should a provision of this chapter state
that approval by an agency or organization other than the department
of Labor & Industries is required, such as Underwriters' Laboratories
or the bureau of mines, the provisions of WAC
296-155-006 shall apply.
“Assistant director” means the individual in charge of the division
of consultation and compliance, department of Labor & Industries, or
an authorized representative.
“Authorized person” means a person approved or assigned by the
employer to perform a specific type of duty or duties or be at a specific
location or locations at the workplace.
“Competent person” means one who is capable of identifying existing
and predictable hazards in the surroundings or working conditions which
are unsanitary, hazardous, or dangerous to employees, and who has authorization
to take prompt corrective action to eliminate them.
“Confined space” means a space that:
(1) Is large enough and so configured that an employee can bodily enter
and perform assigned work; and
(2) Has limited or restricted means for entry or exit (for example,
tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces
that may have limited means of entry); and
(3) Is not designed for continuous employee occupancy.
“Construction work” shall mean and include all or any part of
excavation, construction, erection, alteration, repair, demolition, and
dismantling, of buildings and other structures and all operations in connection
therewith; the excavation, construction, alteration and repair of sewers,
trenches, caissons, conduits, pipe lines, roads and all operations pertaining
thereto; the moving of buildings and other structures, and to the construction,
alteration, repair, or removal of wharfs, docks, bridges, culverts, trestles,
piers, abutments or any other construction, alteration, repair or removal
work related thereto.
“Defect” means any characteristic or condition which tends to
weaken or reduce the strength of the tool, object, or structure of which
it is a part.
“Department” means the department of Labor & Industries.
“Designated person” means “authorized person” as defined in this
section.
“Director” means the director of the department of Labor & Industries,
or his/her designated representative.
“Division” means the division of consultation and compliance of
the department.
“Employer” means any person, firm, corporation, partnership, business
trust, legal representative, or other business entity which engages in
any business, industry, profession, or activity in this state and employs
one or more employees or who contracts with one or more persons, the essence
of which is the personal labor of such person or persons and includes
the state, counties, cities, and all municipal corporations, public corporations,
political subdivisions of the state, and charitable organizations: Provided,
that any person, partnership, or business entity not having employees,
and who is covered by the industrial insurance act shall be considered
both an employer and an employee.
“Equipment” means all machinery, devices, tools, facilities, safeguards,
and protective construction used in connection with construction operations.
“Ground fault circuit interrupter” means a fast acting circuit
breaker that is sensitive to very low levels of current leakage to ground.
The device is designed to limit the electric shock to a current and time
duration below that which can cause serious injury.
“Hazard” means that condition, potential or inherent, which is
likely to cause injury, death, or occupational disease.
“Hazardous substance” means a substance which, by reason of being
explosive, flammable, poisonous, corrosive, oxidizing, irritating, or
otherwise harmful, is likely to cause death or injury.
“Maintenance” means the work of keeping a building, machine,
roadway, etc., in a state of good repair.
“Part” means a major division, of this chapter, relating to a
specific topic or topics and containing various sections, subsections,
etc.
“Permit-required confined space (permit space)” means a confined
space that has one or more of the following characteristics:
(1) Contains or has a potential to contain a hazardous atmosphere;
(2) Contains a material that has the potential for engulfing an entrant;
(3) Has an internal configuration such that an entrant could be trapped
or asphyxiated by inwardly converging walls or by a floor which slopes
downward and tapers to a smaller cross-section; or
(4) Contains any other recognized serious safety or health hazard.
“Qualified” means one who, by possession of a recognized degree,
certificate, or professional standing, or who by extensive knowledge,
training, and experience, has successfully demonstrated their ability
to solve or resolve problems relating to the subject matter, the work,
or the project.
“Repair” means to restore a building, machine, roadway, etc.,
to an original state after damage or decay.
“Safety factor” means the ratio of the ultimate breaking strength
of a member or piece of material or equipment to the actual working stress
or safe load when in use.
“Safety and health standard” means a standard which requires
the adoption or use of one or more practices, means, methods, operations,
or processes reasonably necessary or appropriate to provide safe or healthful
employment and places of employment.
“Shall” means that the provision(s) of the standard are mandatory.
“Substantial” means constructed of such strength, of such material,
and of such workmanship, that the object referred to will withstand all
normal wear, shock and usage.
“Standard safeguard” means a device designed and constructed with
the object of removing the hazard of accident incidental to the machine,
appliance, tool, building, or equipment to which it is attached.
Standard safeguards shall be constructed of either metal or wood or
other suitable material or a combination of these. The final determination
of the sufficiency of any safeguard rests with the director of the department
of Labor & Industries through the division of consultation and compliance.
“Suitable” means that which fits, or has the qualities or qualifications
to meet a given purpose, occasion, condition, function, or circumstance.
“Working day” means a calendar day, except Saturdays, Sundays,
and legal holidays as set forth in RCW 1.16.050, as now or hereafter amended,
and for the purposes of the computation of time within which an act is
to be done under the provisions of this chapter, shall be computed by
excluding the first working day and including the last working day.
“Worker,” “personnel,” “man,” “person,” “employee,” and other
terms of like meaning, unless the context of the provision containing
such term indicates otherwise, mean an employee of an employer who is
employed in the business of their employer whether by way of manual labor
or otherwise and every person in this state who is engaged in the employment
of or who is working under an independent contract the essence of which
is their personal labor for an employer whether by manual labor or otherwise.
“Work place” means any plant, yard, premises, room, or other place
where an employee or employees are employed for the performance of labor
or service over which the employer has the right of access or control,
and includes, but is not limited to, all work places covered by industrial
insurance under Title 51 RCW, as now or hereafter amended.
Abbreviations used in this chapter:
“ANSI” means American
National Standards Institute.
“API” means American
Petroleum Institute.
“ASA” means American
Standards Association.
“ASAE” means American
Society of Agricultural Engineers.
“ASHRE” means American
Society of Heating and Refrigeration Engineers.
“ASME” means American
Society of Mechanical Engineers.
“ASTM” means American
Society of Testing and Materials.
“AWS” means American
Welding Society.
“BTU” means British
thermal unit.
“BTUH” means British
thermal unit per hour.
“CFM” means cubic feet
per minute.
“CFR” means Code of
Federal Register.
“CGA” means Compressed
Gas Association.
“CIE” means Commission
Internationale de l' Eclairage.
“DOT” means department
of transportation.
“FRP” means fiberglass
reinforced plastic.
“GPM” means gallons
per minute.
“ICC” means Interstate
Commerce Commission.
“ID” means inside diameter.
“LPG” means liquefied
petroleum gas.
“MCA” means Manufacturing
Chemist Association.
“MSHA” means United
States Department of Labor, Mine Safety and Health Administration.
“NBFU” means National
Board of Fire Underwriters.
“NEMA” means National
Electrical Manufacturing Association.
“NFPA” means National
Fire Protection Association.
“NTP” means normal
temperature and pressure.
“OD” means outside diameter.
“PSI” means pounds per
square inch.
“PSIA” means pounds
per square inch absolute.
“PSIG” means pounds
per square inch gauge.
“RMA” means Rubber
Manufacturers Association.
“SAE” means Society
of Automotive Engineers.
“TFI” means The Fertilizer
Institute.
“TSC” means Trailer
Standard Code.
“UL” means Underwriters'
Laboratories, Inc.
“USASI” means United
States of America Standards Institute.
“USC” means United
States Code.
“USCG” means United
States Coast Guard.
“WAC” means Washington
Administrative Code.
“WISHA” means Washington
Industrial Safety and Health Act of 1973.
It shall be the duty of every employer to comply with such standards
and systems of education for safety as shall be, from time to
time, prescribed for such employer by the director of Labor & Industries or by statute. Refer to WAC
296-155-100 through 296-155-135 for additional requirements.
(1) All places of employment shall be kept clean to the extent that the
nature of the work allows.
(2) To facilitate cleaning, every floor, working surface, and passageway
shall be kept free from protruding nails, splinters, loose boards or openings.
(3) Cleaning and sweeping shall be performed in such a manner as to minimize
the contamination of the air with dust.
(4) In areas where workers may pass or perform duties, all debris and
accumulations of material shall be removed. Hoses and electrical conductors
across aisles or passageways shall be covered or suspended overhead so
that there is no tripping hazard.
(5) Where mechanical handling equipment is used, sufficient safe clearances
shall be allowed for aisles, at loading docks, through doorways and wherever
turns or passages must be made. Such aisles and passageways shall be marked.
(6) Storage of material shall not create a hazard. Bags, containers,
bundles, construction materials and other equipment shall be stored in
tiers, stacked, blocked or interlocked. They shall be limited in height
so that they are stable and secure against falling, sliding, or collapse.
(7) Free access shall be maintained at all times to all exits, fire alarm
boxes, fire extinguishing equipment, and any other emergency equipment.
Free access means clear of all obstructions.
(8) Working and storage areas shall be kept free from accumulation of
materials that pose hazards of tripping, fire, explosion, or pest harborage.
Vegetation control shall be exercised.
(9) All lunchrooms, washrooms and restrooms shall be kept in a clean
and sanitary condition. Garbage cans in lunchrooms and restrooms shall
be equipped with fitted covers and the contents disposed of daily.
(10) During the course of construction, alteration, repair or demolition
of buildings and structures, employers shall ensure continuous clean-up
of their work area, including removal of all rubble, scrap, boxes, crates
and excess material to trash disposal areas.
(11) Containers shall be provided for the collection and separation of
waste, trash, oily or used rags, and other refuse. Containers used for
garbage and other oily, flammable or hazardous wastes, such as caustics,
acids, harmful dusts or similar materials shall be equipped with covers.
Common garbage and other waste shall be disposed of at frequent and regular
intervals. Chemical agents or substances which might react to create a
hazardous condition shall be stored and disposed of separately. All hazardous
wastes which are subject to the requirements of chapter 173-303 WAC shall
be handled, accumulated and disposed of in accordance with that chapter.
(12) All floors and walkways shall be maintained in good condition. Loose
or broken components shall be repaired or replaced. Secure footing shall
be ensured on all floors and walkways.
(1) Pressure vessels. Current and valid certification by an insurance
company or regulatory authority shall be deemed as acceptable evidence
of safe installation, inspection, testing of pressure vessels provided
by the employer.
(2) Boilers. Boilers provided by the employer shall be deemed to be in
compliance with the requirements of this section when evidence of current
and valid certification by an insurance company or regulatory authority
attesting to the safe installation, inspection, and testing is presented.
(3) Other requirements. Regulations prescribing specific requirements
for other types of pressure vessels and similar equipment are contained
in Parts D and M of this chapter.
(1) The use of any machinery, tool, material, or equipment which is not
in compliance with any applicable requirements of this chapter is prohibited.
Such machine, tool, material, or equipment shall either be identified
as unsafe by tagging or locking the controls to render them inoperable
or shall be physically removed from its place of operation.
(2) The employer shall permit only those employees qualified by training
or experience to operate equipment and machinery.
(3) Employees shall use safeguards provided for their protection.
(4) Suitable clothing shall be worn for the job. Sufficient and proper
clothing shall be worn to assist in preventing scratches, abrasions, slivers,
sunburn, hot liquid burns, or similar hazards. Loose or ragged clothing,
scarfs or ties shall not be worn while working around moving machinery.
(5) Where work is in progress above workers, a catch platform or other
means shall be provided to protect those working below. All workers shall
be notified. One completed floor shall be maintained between workers and
steel or concrete work above.
(6) Employees shall report to their employers the existence of any unsafe
equipment or method or any other hazard which, to their knowledge is unsafe
and where such unsafe equipment or method or other hazard exists in violation
of this chapter it shall be corrected.
(7) Nothing herein contained shall prevent the use of existing equipment
during its lifetime provided it shall be properly safeguarded, maintained
in good condition, be in conformity with applicable safety and health
standards, and shall conform to safety factors for the material used,
as herein provided.
(8) As construction progresses, the component parts of structures shall
be secured or braced to prevent collapse or failure.
(9) Prompt and safe removal of injured employees from elevated work locations,
trenches and excavations shall be ensured prior to commencement of work.
(1) Each employer shall furnish to each employee a place of employment
free from recognized hazards that are causing or likely to cause serious
injury or death to employees.
(2) Every employer shall require safety devices, furnish safeguards,
and shall adopt and use practices, methods, operations, and processes
which are reasonably adequate to render such employment and place of employment
safe. Every employer shall do everything reasonably necessary to protect
the life and safety of employees.
(3) No employer shall require any employee to go or be in any employment
or place of employment which is hazardous to the employee.
(4) No employer shall fail or neglect:
(a) To provide and use safety devices and safeguards.
(b) To adopt and use methods and processes reasonably adequate to render
the employment and place of employment safe.
(c) To do everything reasonably necessary to protect the life and safety
of employees.
(5) No employer, owner, or lessee of any real property shall construct
or cause to be constructed any place of employment that is hazardous to
the employee.
(6) No person shall do any of the following:
(a) Remove, displace, damage, destroy or carry off any safety device,
safeguard, notice, or warning, furnished for use in any employment or
place of employment.
(b) Interfere in any way with the use thereof by any other person.
(c) Interfere with the use of any method or process adopted for the
protection of any employee, including themselves, in such employment,
or place of employment.
(d) Fail or neglect to do everything reasonably necessary to protect
the life and safety of employees.
(7) The use of intoxicants or debilitating drugs while on duty is prohibited.
Employees under the influence of intoxicants or drugs shall not be permitted
in or around worksites. This subsection (7) shall not apply to employees
taking prescription drugs or narcotics as directed and prescribed by a
physician, provided such use does not endanger the employee or others.
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