Shipbuilding, Ship Repairing and Shipbreaking
Chapter 296-304

WAC 296-800-150 in Adobe Acrobat (.pdf) formatFor printing
New Rule Activity Related Policies

 

WAC

296-304-010 Scope and application.

296-304-01001 Definitions. 

296-304-01003 Reference specifications, standards, and codes. 

296-304-01005 Fire protection in shipyards.

296-304-01007 Fire safety plan

296-304-01009 Precautions for hot work.

296-304-01011 Fire watches.

296-304-01013 Fire response.

296-304-01015 Hazards of fixed extinguishing systems on board vessels and vessel sections.

296-304-01017 Land-side fire protection systems.

296-304-01019 Training.

296-304-01021 Competent person.

296-304-01023 Appendix A-Model fire safety plan.

296-304-020 Confined and enclosed spaces and other dangerous atmospheres in

shipyard employment.

296-304-02001 Reserved.

296-304-02003 Precautions and the order of testing before entering confined and enclosed spaces and other dangerous atmospheres.

296-304-02005 Cleaning and other cold work.

296-304-02007 Hot work.

296-304-02009 Maintenance of safe conditions.

296-304-02011 Warning signs and labels. 

296-304-02013 Appendix A--Compliance assistance guidelines for confined and enclosed spaces and other dangerous atmospheres. 

296-304-02015 Appendix B--Confined and enclosed spaces and other dangerous atmospheres in shipyard employment.

296-304-030 Surface preparation and preservation--Scope and application.

296-304-03001 Toxic cleaning solvents.

296-304-03003 Chemical paint and preservative removers. 

296-304-03005 Mechanical paint removers. 

296-304-03007 Painting. 

296-304-03009 Flammable liquids. 

296-304-040 Welding, cutting, and heating--Scope and application. 

296-304-04001 Ventilation and protection in welding, cutting and heating.

296-304-04003 Fire prevention. (Note: This section was repealed effective 12/01/05).

296-304-04005 Welding, cutting and heating in way of preservative coatings. 

296-304-04007 Welding, cutting and heating of hollow metal containers and structures not covered by WAC 296-304-02003. 

296-304-04009 Gas welding and cutting. 

296-304-04011 Arc welding and cutting. 

296-304-04013 Use of fissionable material in shipbreaking, shipbuilding and ship repairing. 

296-304-050 Scaffolds, ladders and other working surfaces--Scope and application.

296-304-05001 Scaffolds or staging. 

296-304-05003 Ladders. 

296-304-05005 Guarding of deck openings and edges. 

296-304-05007 Access to vessels.

296-304-05009 Access to and guarding of dry docks and marine railways. 

296-304-05011 Access to cargo spaces and confined spaces. 

296-304-05013 Working surfaces. 

296-304-060 General working conditions--Scope and application. 

296-304-06001 Housekeeping.

296-304-06003 Illumination.

296-304-06005 Utilities.

296-304-06007 Work in confined or isolated spaces. 

296-304-06009 Work on or in the vicinity of radar and radio. 

296-304-06011 Work in or on lifeboats.

296-304-06013 Health and sanitation.

296-304-06015 First aid.

296-304-070 Gear and equipment for rigging and materials handling-Scope and application.

296-304-07001 Inspection. 

296-304-07003 Ropes, chains and slings.

296-304-07005 Shackles and hooks.

296-304-07007 Chain falls and pull-lifts.

296-304-07009 Hoisting and hauling equipment.

296-304-07011 Use of gear. 

296-304-07013 Qualification of operators.

296-304-080 Tools and related equipment--Scope and application.

296-304-08001 General precautions.

296-304-08003 Portable electric tools.

296-304-08005 Hand tools. 

296-304-08007 Abrasive wheels. 

296-304-08009 Power-actuated fastening tools.

296-304-08011 Internal combustion engines, other that ship's equipment. 

296-304-090 Personal protective equipment (PPE)--General requirements. 

296-304-09001 Hazard assessment and equipment selection.

296-304-09003 Training. 

296-304-09005 Eye and face protection. 

296-304-09007 Respiratory protection.

296-304-09009 Hearing protection.

296-304-09011 Head protection.

296-304-09013 Foot protection.

296-304-09015 Hand and body protection.

296-304-09017 Livesaving equipment.

296-304-09019 Fall protection--General requirement.

296-304-09021 Personal fall arrest system (PFAS).

296-304-09023 Positioning device systems. 

296-304-100 Ship's machinery and piping systems--Scope and application.

296-304-10001 Ship's boilers. 

296-304-10003 Ship's piping system. 

296-304-10005 Ship's propulsion system. 

296-304-10007 Ship's deck machinery. 

296-304-110 Portable, unfired pressure vessels, drums and containers, other than ship's equipment--Scope and application. 

296-304-11001 Portable air receivers and other unfired pressure vessels.

296-304-11003 Drums and containers.

296-304-120 Electrical machinery--Electrical circuits and distribution boards.

296-304-130 Gear certification--General provisions. 

296-304-13001 Purpose and scope. 

296-304-13003 Definition of terms.

296-304-140 Procedure governing accreditation--Scope and application. 

296-304-14001 Application for accreditation. 

296-304-14003 Action upon accreditation. 

296-304-14005 Duration and renewal of accreditation. 

296-304-14007 Criteria governing accreditation to certificate vessels' cargo gear. 

296-304-14009 Voluntary amendment or termination of accreditation. 

296-304-14011 Suspension or revocation of accreditation. 

296-304-14013 Reconsideration and review. 

296-304-150 Duties of person accredited to certificate vessels' cargo gear--

Scope and application.

296-304-15001 General duties--Exemptions. 

296-304-15003 Recordkeeping and related procedures concerning records in custody of accredited persons. 

296-304-15005 Recordkeeping and related procedures concerning records in custody of the vessel. 

296-304-160 Certification of vessels' cargo gear-Scope and application. 

296-304-16001 General.

296-304-16003 Initial tests of cargo gear and tests after alterations, renewals or repairs. 

296-304-16005 Periodic tests, examinations and inspections. 

296-304-16007 Heat treatment. 

296-304-16009 Exemptions from heat treatment. 

296-304-16011 Grace periods. 

296-304-16013 Gear requiring welding.

296-304-16015 Damaged components.

296-304-16017 Marking and posting of safe working loads.

296-304-16019 Requirements governing braking devices and power sources. 

296-304-16021 Means of derrick attachment.

296-304-16023 Limitations on use of wire rope.

296-304-16025 Limitations on use of chains.

296-304-170 Certification of vessels--Tests and proof loads--Heat treatment--Competent person--Scope and application. 

296-304-17001 Visual inspection before tests. 

296-304-17003 Unit proof tests--Winches, derricks, and gear accessory thereto. 

296-304-17005 Unit proof tests--Cranes and gear accessory thereto.

296-304-17007 Limitation on safe working loads and proof loads.

296-304-17009 Examinations subsequent to unit tests.

296-304-17011 Proof tests--Loose gear. 

296-304-17013 Specially designed blocks and components. 

296-304-17015 Proof tests--Wire rope. 

296-304-17017 Proof tests after repairs or alterations. 

296-304-17019 Order of tests. 

296-304-17021 Heat treatment. 

296-304-17023 Competent persons. 

296-304-180 Accreditation to certificate shore-based equipment--Scope and application.

296-304-18001 Eligibility for accreditation to certificate shore-based material handling devices covered by chapter 296-56 WAC of the safety and health regulations for longshoring. 

296-304-18003 Provisions respecting application for accreditation, action upon the application, and related matters. 

296-304-190 Duties of persons accredited to certificate shore-based material handling devices--General duties, exemptions.

296-304-200 Certification of shore-based material handling devices--Scope and application. 

296-304-20001 General provisions. 

296-304-20003 Unit proof test and examination of cranes.

296-304-20005 Annual examination of cranes.

296-304-20007 Unit proof test and examination of derricks.

296-304-20009 Annual examinations of derricks.

296-304-20011 Determination of crane or derrick safe working loads and limitations in absence of manufacturer's data.

296-304-20013 Safe working load reduction.

296-304-20015 Safe working load increase.

296-304-20017 Nondestructive examination.

296-304-20019 Wire rope.

296-304-20021 Heat treatment.

296-304-20023 Examination of bulk cargo loading or discharging spouts or suckers.

296-304-20025 Documentation.

WAC 296-304-010 Scope and application.

(1) The provisions and standards of the general safety and health standards, chapters 296-24, 296-62 and 296-800 WAC, and such other codes and standards as are promulgated by the department of labor and industries which are applicable to all industries, shall be applicable in the ship repairing, shipbuilding, or shipbreaking industries whenever the employees are covered under the Washington State Industrial Safety and Health Act, chapter 49.17 RCW. The rules of this chapter and the rules of the aforementioned chapters 296-24, 296-62, and 296-800 WAC are applicable to all ship repairing, shipbuilding, and shipbreaking industries and operations, provided that such rules shall not be applicable to those operations under the exclusive safety jurisdiction of the federal government.

(2) The responsibility for compliance with these regulations is placed upon “employers” as defined in WAC 296-304-01001.

(3) It is not the intent of these regulations to place additional responsibilities or duties on owners, operators, agents or masters of vessels unless such persons are acting as employers, nor is it the intent of these regulations to relieve such owners, operators, agents or masters of vessels from responsibilities or duties now placed upon them by law, regulation or custom.

(4) The responsibilities placed upon the competent person herein shall be deemed to be the responsibilities of the employer.

[Statutory Authority: RCW 49.17.040, 49.17.050, and 49.17.060; 98-02-006, (Order 96-18), § 296-304-010, filed 12/26/97, effective 3/1/98; Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060; 95-22-015, § 296-304-010, filed 10/20/95, effective 1/16/96. Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-010, filed 1/18/95, effective 3/10/95; 89-11-035 (Order 89-03), § 296-304-010, filed 5/15/89, effective 6/30/89; Order 75-6, § 296-304-010, filed 3/10/75; Order 74-25, 296-304-010, filed 5/7/74.]

WAC 296-304-01001 Definitions.

“Alarm” – A signal or message from a person or device that indicates that there is a fire, medical emergency, or other situation that requires emergency response or evacuation. At some shipyards, this may be called an “incident” or a “call for service.”

“Alarm system” – A system that warns employees at the worksite of danger.

“Anchorage” – A secure point to attach lifelines, lanyards, or deceleration devices.

“Body belt” – A strap with means to both secure it around the waist and to attach it to a lanyard, lifeline, or deceleration device. Body belts may be used only in fall restraint or positioning device systems and may not be used for fall arrest. Body belts must be at least one and five-eighths inches (4.13 cm) wide.

“Body harness” – Straps to secure around an employee so that fall arrest forces are distributed over at least the thighs, shoulders, chest and pelvis with means to attach it to other components of a personal fall arrest system.

“Class II standpipe system” – A one and one-half inch (3.8 cm) hose system which provides a means for the control or extinguishment of incipient stage fires.

“Cold work” – Work that does not involve riveting, welding, burning, or other fire-producing or spark-producing operations.

“Contract employer” – An employer, such as a painter, joiner, carpenter, or scaffolding subcontractor, who performs work under contract to the host employer or to another employer under contract to the host employer at the host employer’s worksite. This excludes employers who provide incidental services that do not influence shipyard employment (such as mail delivery or office supply services.

“Competent Person” – A person who can recognize and evaluate employee exposure to hazardous substances or to other unsafe conditions and can specify the necessary protection and precautions necessary to ensure the safety of employees as required by these standards.

“Confined space” – A small compartment with limited access such as a double bottom tank, cofferdam, or other small, confined space that can readily create or aggravate a hazardous exposure.

“Connector” – A device used to connect parts of a personal fall arrest system or parts of a positioning device system together. It may be:

• An independent component of the system (such as a carabiner); or
• An integral component of part of the system (such as a buckle or D-ring sewn into a body belt or body harness or a snaphook spliced or sewn to a lanyard or self-retracting lanyard).

“Dangerous atmosphere” – An atmosphere that may expose employees to the risk of death, incapacitation, injury acute illness, or impairment of ability to self-rescue (i.e., escape unaided from a confined or enclosed space).

“Deceleration device” – A mechanism, such as a rope grab, rip stitch lanyard, specially woven lanyard, tearing or deforming lanyard, or automatic self-retracting lifeline/lanyard, that serves to dissipate a substantial amount of energy during a fall arrest, or to limit the energy imposed on an employee during fall arrest.

“Deceleration distance” – The additional vertical distance a falling employee travels, excluding lifeline elongation and free fall distance, before stopping, from the point at which the deceleration device begins to operate. It is measured from the location of an employee’s body belt or body harness attachment point at the moment of activation (at the onset of fall arrest forces) of the deceleration device during a fall, to the location of that attachment point after the employee comes to a full stop.

“Designated area” – An area established for hot work after an inspection that is free of fire hazards.

“Director” – The director of the department of labor and industries or a designated representative.

“Drop test” – A method utilizing gauges to ensure the integrity of an oxygen fuel gas burning system. The method requires that the burning torch is installed to one end of the oxygen and fuel gas lines and then the gauges are attached to the other end of the hoses. The manifold or cylinder supply valve is opened and the system is pressurized. The manifold or cylinder supply valve is then closed and the gauges are watched for at least sixty seconds. Any drop in pressure indicates a leak.

“Emergency operations” – Activities performed by fire response organizations that are related to: Rescue, fire suppression, emergency medical care, and special operations or activities that include responding to the scene of an incident and all activities performed at that scene.

“Employee” – Any person engaged in ship repairing, ship building, or ship breaking or related employment as defined in these standards.

“Employer” – An employer with employees who are employed, in whole or in part, in ship repair, ship building, and ship breaking, or related employment as defined in these standards.

“Enclosed space” – A space, other than a confined space, that is enclosed by bulkheads and overhead. It includes cargo holds, tanks, quarters, and machinery and boiler spaces.

“Equivalent” – Alternative designs, materials, or methods to protect against a hazard which the employer can demonstrate will provide an equal or greater degree of safety for employees than the method or item specified in the standard.

“Fire hazard” – A condition or material that may start or contribute to the spread of fire.

“Fire protection” – Methods of providing fire prevention, response, detection, control, extinguishment, and engineering.

“Fire response” – The activity taken by the employer at the time of an emergency incident involving a fire at the worksite, including fire suppression activities carried out by internal or external resources or a combination of both, or total or partial employee evacuation of the area exposed to the fire.

“Fire response employee” – A shipyard employee who carries out the duties and responsibilities of shipyard fire fighting in accordance with the fire safety plan.

“Fire response organization” – An organized group knowledgeable, trained, and skilled in shipyard fire fighting operations that responds to shipyard fire emergencies, including: Fire brigades, shipyard fire departments, private or contractual fire departments, and municipal fire departments.

“Fire suppression” – The activities involved in controlling and extinguishing fires.

“Fire watch” – The activity of observing and responding to the fire hazards associated with hot work in shipyard employment and the employees designated to do so.

“Fixed extinguishing system” – A permanently installed fire protection system that either extinguishes or controls fire occurring in the space it protects.

“Flammable liquid” – Any liquid having a flashpoint below 100oF (37.8oC), except any mixture having components with flashpoints of 100oF (37.8oC) or higher, the total of which make up ninety-nine percent or more of the total volume of the mixture.

“Free fall” – To fall before a personal fall arrest system begins to apply force to arrest the fall.

“Free fall distance” – The vertical displacement of the fall arrest attachment point on the employee’s body harness between onset of the fall and just before the system begins to apply force to arrest the fall. This distance excludes deceleration distance, and lifeline/lanyard elongation, but includes any deceleration device slide distance or self-retracting lifeline/lanyard extension before the device operates and fall arrest forces occur.

“Gangway” – A ramp-like or stair-like means to board or leave a vessel including accommodation ladders, gangplanks and brows.

“Hazardous substance” – A substance likely to cause injury because it is explosive, flammable, poisonous, corrosive, oxidizing, irritant, or otherwise harmful.

“Hose systems” – Fire protection systems consisting of a water supply, approved fire hose, and a means to control the flow of water at the output end of the hose.

“Host employer” – An employer who is in charge of coordinating work or who hires other employers to perform work at a multiemployer workplace.

“Hot work” – Riveting, welding, burning or other fire or spark producing operations.

“Incident management system” – A system that defines the roles and responsibilities to be assumed by personnel and the operating procedures to be used in the management and direction of emergency operations; the system is also referred to as an “incident command system (ICS).”

“Incipient stage fire” – A fire, in the initial or beginning stage, which can be controlled or extinguished by portable fire extinguishers, Class II standpipe or small hose systems without the need for protective clothing or breathing apparatus.

“Inerting” – The displacement of the atmosphere in a permit space by noncombustible gas (such as nitrogen) to such an extent that the resulting atmosphere is noncombustible. This procedure produces an IDLH oxygen-deficient atmosphere.

Interior structural fire fighting operations” – The physical activity of fire response, rescue, or both involving a fire beyond the incipient stage inside of buildings, enclosed structures, vessels, and vessel sections.

“Lanyard” – A flexible line of rope, wire rope, or strap which generally has a connector at each end for connecting the body belt or body harness to a deceleration device, lifeline, or anchorage.

“Lifeline” – A component consisting of a flexible line to connect to an anchorage at one end to hang vertically (vertical lifeline), or to connect to anchorages at both ends to stretch horizontally (horizontal lifeline), and which serves as a means for connecting other components of a personal fall arrest system to the anchorage.

Lower levels” – Those areas or surfaces to which an employee can fall. Such areas or surfaces include but are not limited to ground levels, floors, ramps, tanks, materials, water, excavations, pits, vessels, structures, or portions thereof.

“Multiemployer workplace” – A workplace where there is a host employer and at least one contract employer.

“Personal alert safety system (PASS)” – A device that sounds a loud signal if the wearer becomes immobilized or is motionless for thirty seconds or more.

“Personal fall arrest system” – A system used to arrest an employee in a fall from a working level. It consists of an anchorage, connectors, body harness and may include a lanyard, a deceleration device, a lifeline, or a suitable combination.

“Physical isolation” – The elimination of a fire hazard by removing the hazard from the work area (at least thirty-five feet for combustibles), by covering or shielding the hazard with a fire-resistant material, or physically preventing the hazard from entering the work area.

“Physically isolated” – Positive isolation of the supply from the distribution piping of a fixed extinguishing system. Examples of ways to physically isolate include: Removing a spool piece and installing a blank flange; providing a double block and bleed valve system; or completely disconnecting valves and piping from all cylinders or other pressure vessels containing extinguishing agents.

“Portable unfired pressure vessel” – A pressure container or vessel used aboard ship, other than the ship’s equipment, containing liquids or gases under pressure. This does not include pressure vessels built to Department of Transportation regulations under 49 CFR Part 178, Subparts C and H.

“Positioning device system” – A body belt or body harness system rigged to allow an employee to be supported at an elevated vertical surface, such as a wall or window, and to be able to work with both hands free while leaning.

“Powder actuated fastening tool” – A tool or machine that drives a stud, pin, or fastener by means of an explosive charge.

“Protected space” – Any space into which a fixed extinguishing system can discharge.

Proximity fire fighting” – Specialized fire fighting operations that require specialized thermal protection and may include the activities of rescue, fire suppression, and property conservation at incidents involving fires producing very high levels of conductive, convective, and radiant heat such as aircraft fires, bulk flammable gas fires, and bulk flammable liquid fires. Proximity fire fighting operations usually are exterior operations but may be combined with structural fire fighting operations. Proximity fire fighting is not entry fire fighting.

“Qualified instructor” – A person with specific knowledge, training, and experience in fire response or fire watch activities to cover the material found in WAC 296-304-01019(2) or (3).

“Qualified person” – A person who has successfully demonstrated the ability to solve or resolve problems related to the subject matter and work by possessing a recognized degree or certificate of professional standing or by extensive knowledge, training, and experience.

“Related employment” – Any employment related to or performed in conjunction with ship repairing, ship building, or ship breaking work, including, but not limited to, inspecting, testing, and serving as a watchman.

“Rescue” – Locating endangered persons at an emergency incident, removing those persons from danger, treating the injured, and transporting the injured to an appropriate health care facility.

“Restraint (tether) line” – A line from an anchorage, or between anchorages, to which the employee is secured so as to prevent the employee from walking or falling off an elevated work surface.

Note: A restraint line is not necessarily designed to withstand forces resulting from a fall.

“Rope grab” – A deceleration device that travels on a lifeline and automatically, by friction, engages the lifeline and locks to arrest the fall of an employee. A rope grab usually uses the principle of inertial locking, cam/level locking or both.

“Shall” or “must” – Mandatory.
“Ship breaking” – Breaking down a vessel’s structure to scrap the vessel, including the removal of gear, equipment or any component part of a vessel.

“Ship building” – Construction of a vessel, including the installation of machinery and equipment.

“Ship repairing” – Repair of a vessel including, but not limited to, alterations, conversions, installations, cleaning, painting, and maintenance.

“Shipyard fire fighting” – The activity of rescue, fire suppression, and property conservation involving buildings, enclosed structures, vehicles, vessels, aircraft, or similar properties involved in a fire or emergency situation.

“Small hose system” – A system of hoses ranging in diameter from 5/8” (1.6 cm) up to 1 ½” (3.8 cm) which is for the use of employees and which provides a means for the control and extinguishment of incipient stage fires.

“Standpipe”- A fixed fire protection system consisting of piping and hose connections used to supply water to approved hose lines or sprinkler systems. The hose may or may not be connected to the system.

“Vessel” – Every watercraft for use as a means of transportation on water, including special purpose floating structures not primarily designed for or used as a means of transportation on water.

Statutory Authority: RCW 49.17.010, .040, .050, and .060. 07-03-163 (Order 06-30), § 296-304-01001, filed 01/24/07, effective 04/01/07. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-19-086 (Order 05-25), § 296-304-01001, filed 09/20/05, effective 12/01/05. Statutory Authority: RCW 49.17.010, 49.17.040, RCW 49.17.050, and 49.17.060. 03-04-099 (Order 02-31), § 296-304-01001, filed 02/04/03, effective 08/01/03. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.060; 98-02-006 (Order 96-18), § 296-304-03001, filed 12/26/97, effective 3/1/98; Statutory Authority: Chapter 49.17 RCW. 95-04-006 (Order 94-23), § 296-304-01001, filed 1/18/95, effective 3/10/95; Order 76-7, § 296-304-01001, filed 3/1/76; Order 74-25, § 296-304-01001, filed 5/7/74.]

 WAC 296-304-01003 Reference specifications, standards, and codes. 

Specifications, standards, and codes of agencies of the U.S. government, to the extent specified in the text, form a part of these regulations. In addition, the specifications, standards, and codes of organizations which are not agencies of the U.S. government, in effect on the date of the promulgation of these regulations as listed below, to the extent specified in the text, form a part of these standards:

National Fire Protection Association, 60 Batterymarch Street, Boston, Mass. 02110,

Underwriters' Laboratories, Inc., 207 East Ohio Street, Chicago, Ill. 60611,

United States of America Standard Safety Code for Portable Wood Ladders, A14.1-1975, United States of America Standards Institute, Inc., 10 East 40th Street, New York, N.Y. 10016,

United States of America Standard Safety Code for Portable Metal Ladders, A14.2-1972, United States of America Standards Institute, Inc., 10 East 40th Street, New York, N.Y. 10016,

United States of America Standard Safety Code for Head, Eye, and Respiratory Protection, Z2.1-1959,United States of America Standards Institute, Inc., 10 East 40th Street, New York, N.Y. 10016,

American Society of Mechanical Engineers, Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Unfired Pressure Vessels, American Society of Mechanical Engineers, 345 East 47th Street, New York, N.Y. 10017,

Threshold Limit Values, American Conference of Governmental Industrial Hygienists, 1014 Broadway, Cincinnati, Ohio 45202,

United States of America Standards Safety Code for the Use, Care, and Protection of Abrasive Wheels, B7.1-1964, United States of America Standards Institute, Inc., 10 East 40th Street, New York, N.Y. 10016.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-04-099 (Order 02-31), § 296-304-01003, filed 02/04/03, effective 08/01/03. Order 74-25, § 296-304-01003, filed 5/7/74.]

WAC 296-304-01005 Fire protection in shipyards.

(1) Purpose. The purpose of this section is to require employers to protect all employees from fire hazards in shipyard employment, including employees engaged in fire response activities.

(2) Scope. This section covers employers with employees engaged in shipyard employment aboard vessels and vessel sections, and on land-side operations regardless of geographic location.

(3) Employee participation. The employer must provide ways for employees or employee representatives, or both to participate in developing and periodically reviewing programs and policies adopted to comply with this section.

(4) Multiemployer worksites.

(a) Host employer responsibilities. The host employer's responsibilities are to:

(i) Inform all employers at the worksite about the content of the fire safety plan including hazards, controls, fire safety and health rules, and emergency procedures;

(ii) Make sure the safety and health responsibilities for fire protection are assigned as appropriate to other employers at the worksite; and

(iii) If there is more than one host employer, each host employer must communicate relevant information about fire-related hazards to other host employers. When a vessel owner or operator (temporarily) becomes a host shipyard employer by directing the work of ships' crews on repair modification of the vessel or by hiring other contractors directly, the vessel owner or operator must also comply with these provisions for host employers.

(b) Contract employer responsibilities. The contract employer's responsibilities are to:

(i) Make sure that the host employer knows about the fire-related hazards associated with the contract employer's work and what the contract employer is doing to address them; and

(ii) Advise the host employer of any previously unidentified fire-related hazards that the contract employer identifies at the worksite.

[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-19-086 (Order 05-25), § 296-304-01005, filed 09/20/05, effective 12/01/05.

WAC 296-304-01007 Fire safety plan.

(1) Employer responsibilities. The employer must develop and implement a written fire safety plan that covers all the actions that employers and employees must take to ensure employee safety in the event of a fire. (See Appendix A to this section for a model fire safety plan.)

(2) Plan elements. The employer must include the following information in the fire safety plan:

(a) Identification of the significant fire hazards;

(b) Procedures for recognizing and reporting unsafe conditions;

(c) Alarm procedures;

(d) Procedures for notifying employees of a fire emergency;

(e) Procedures for notifying fire response organizations of a fire emergency;

(f) Procedures for evacuation;

(g) Procedures to account for all employees after an evacuation; and

(h) Names, job titles, or departments for individuals who can be contacted for further information about the plan.

(3) Reviewing the plan with employees. The employer must review the plan with each employee at the following times:

(a) By March 1, 2006, for employees who are currently working;

(b) Upon initial assignment for new employees; and

(c) When the actions the employee must take under the plan change because of a change in duties or a change in the plan.

(4) Additional employer requirements. The employer also must:

(a) Keep the plan accessible to employees, employee representatives, and WISHA;

(b) Review and update the plan whenever necessary, but at least annually;

(c) Document that affected employees have been informed about the plan as required by this subsection; and

(d) Ensure any outside fire response organization that the employer expects to respond to fires at the employer's worksite has been given a copy of the current plan.

(5) Contract employers. Contract employers in shipyard employment must have a fire safety plan for their employees, and this plan must comply with the host employer's fire safety plan.

Statutory Authority: RCW 49.17.010, .040, .050, and .060. 07-17-034 (Order 07-12), § 296-304-01007, filed 08/07/07, effective 12/01/07. [Statutory Authority: Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-19-086 (Order 05-25), § 296-304-01007, filed 09/20/05, effective 12/01/05.

WAC 296-304-01009 Precautions for hot work.

(1) General requirements.

(a) Designated areas. The employer may designate areas for hot work in sites such as vessels, vessel sections, fabricating shops, and subassembly areas that are free of fire hazards.

(b) Nondesignated areas.

(i) Before authorizing hot work in a nondesignated area, the employer must visually inspect the area where hot work is to be performed, including adjacent spaces, to ensure the area is free of fire hazards, unless a marine chemist's certificate or shipyard competent person's log is used for authorization.

(ii) The employer shall authorize employees to perform hot work only in areas that are free of fire hazards, or that have been controlled by physical isolation, fire watches, or other positive means.

Note: The requirements of (b) of this subsection apply to all hot work operations in shipyard employment except those covered by WAC 296-304-02007.

(2) Specific requirements.

(a) Maintaining fire hazard-free conditions. The employer must keep all hot work areas free of new hazards that may cause or contribute to the spread of fire. Unexpected energizing and energy release are covered by WAC 296-304-120. Exposure to toxic and hazardous substances is covered in chapter 296-841 WAC, Airborne contaminants; chapter 296-802 WAC, Employee medical and exposure records; and WAC 296-800-170, Employer chemical hazard communication -Introduction.

(b) Fuel gas and oxygen supply lines and torches. The employer must make sure that:

(i) No unattended fuel gas and oxygen hose lines or torches are in confined spaces;

(ii) No unattended charged fuel gas and oxygen hose lines or torches are in enclosed spaces for more than fifteen minutes;

(iii) All fuel gas and oxygen hose lines are disconnected at the supply manifold at the end of each shift; and

(iv) All disconnected fuel gas and oxygen hose lines are rolled back to the supply manifold or to open air to disconnect the torch; or extended fuel gas and oxygen hose lines are not reconnected at the supply manifold unless the lines are given a positive means of identification when they were first connected and the lines are tested using a drop test or other positive means to ensure the integrity of fuel gas and oxygen burning system.

[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 07-05-062, 07-06-005 (Order 06-38), § 296-304-01009, filed 02/20/07, effective 04/01/07. Statutory Authority: Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-19-086 (Order 05-25), § 296-304-01009, filed 09/20/05, effective 12/01/05.

WAC 296-304-01011 Fire watches.

(1) Written fire watch policy. The employer must create and keep current a written policy that specifies the following requirements for employees performing fire watch in the workplace:

(a) The training employees must be given (WAC 296-304-01019(3) contains detailed fire watch training requirements);

(b) The duties employees are to perform;

(c) The equipment employees must be given; and

(d) The personal protective equipment (PPE) that must be made available and worn as required by WAC 296-304-090.

(2) Posting fire watches. The employer must post a fire watch if during hot work any of the following conditions are present:

(a) Slag, weld splatter, or sparks might pass through an opening and cause a fire;

(b) Fire-resistant guards or curtains are not used to prevent ignition of combustible materials on or near decks, bulkheads, partitions, or overheads;

(c) Combustible material closer than thirty-five feet (10.7 m) to the hot work in either the horizontal or vertical direction cannot be removed, protected with flame-proof covers, or otherwise shielded with metal or fire-resistant guards or curtains;

(d) The hot work is carried out on or near insulation, combustible coatings, or sandwich-type construction that cannot be shielded, cut back, or removed, or in a space within a sandwich-type construction that cannot be inerted;

(e) Combustible materials adjacent to the opposite sides of bulkheads, decks, overheads, metal partitions, or sandwich-type construction may be ignited by conduction or radiation;

(f) The hot work is close enough to cause ignition through heat radiation or conduction on the following:

(i) Insulated pipes, bulkheads, decks, partitions, or overheads; or
(ii) Combustible materials and/or coatings;

(g) The work is close enough to unprotected combustible pipe or cable runs to cause ignition; or

(h) A marine chemist, a Coast Guard-authorized person, or a shipyard competent person, as defined in WAC 296-304-020, requires that a fire watch be posted.

(3) Assigning employees to fire watch duty.

(a) The employer must not assign other duties to a fire watch while the hot work is in progress.

(b) Employers must ensure that employees assigned to fire watch duty:

(i) Have a clear view of and immediate access to all areas included in the fire watch;

(ii) Are able to communicate with workers exposed to hot work;

(iii) Are authorized to stop work if necessary and restore safe conditions within the hot work area;

(iv) Remain in the hot work area for at least thirty minutes after completion of the hot work, unless the employer or its representative surveys the exposed area and makes a determination that there is no further fire hazard;

(v) Are trained to detect fires that occur in areas exposed to the hot work;

(vi) Attempt to extinguish any incipient stage fires in the hot work area that are within the capability of available equipment and within the fire watch's training qualifications, as defined in WAC 296-304-01019;

(vii) Alert employees of any fire beyond the incipient stage; and

(viii) If unable to extinguish fire in the areas exposed to the hot work, activate the alarm.

(c) The employer must ensure that employees assigned to fire watch are physically capable of performing these duties.

[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-19-086 (Order 05-25), § 296-304-01011, filed 09/20/05, effective 12/01/05.

WAC 296-304-01013 Fire response.

(1) Employer responsibilities. The employer must:

(a) Decide what type of response will be provided and who will provide it; and

(b) Create, maintain, and update a written policy that:

(i) Describes the internal and outside fire response organizations that the employer will use; and

(ii) Defines what evacuation procedures employees must follow, if the employer chooses to require a total or partial evacuation of the worksite at the time of a fire.

(2) Required written policy information.

(a) Internal fire response. If an internal fire response is to be used, the employer must include the following information in the employer's written policy:

(i) The basic structure of the fire response organization;

(ii) The number of trained fire response employees;

(iii) The fire response functions that may need to be carried out;

(iv) The minimum number of fire response employees necessary, the number and types of apparatuses, and a description of the fire suppression operations established by written standard operating procedures for each type of fire response at the employer's facility;

(v) The type, amount, and frequency of training that must be given to fire response employees; and

(vi) The procedures for using protective clothing and equipment.

(b) Outside fire response. If an outside fire response organization is used, the employer must include the following information in the written policy:

(i) The types of fire suppression incidents to which the fire response organization is expected to respond at the employer's facility or worksite;

(ii) The liaisons between the employer and the outside fire response organizations; and

(iii) A plan for fire response functions that:

(A) Addresses procedures for obtaining assistance from the outside fire response organization;

(B) Familiarizes the outside fire response organization with the layout of the employer's facility or worksite, including access routes to controlled areas, and site-specific operations, occupancies, vessels or vessel sections, and hazards; and

(C) Sets forth how hose and coupling connection threads are to be made compatible and includes where the adapter couplings are kept; or

(D) States that the employer will not allow the use of incompatible hose connections.

(c) A combination of internal and outside fire response. If a combination of internal and outside fire response is to be used, the employer must include the following information, in addition to the requirements in (a) and (b) of this subsection, in the written policy:

(i) The basic organizational structure of the combined fire response;

(ii) The number of combined trained fire responders;

(iii) The fire response functions that may need to be carried out;

(iv) The minimum number of fire response employees necessary, the number and types of apparatuses, and a description of the fire suppression operations established by written standard operating procedures for each particular type of fire response at the worksite; and

(v) The type, amount, and frequency of joint training with outside fire response organizations if given to fire response employees.

(d) Employee evacuation. The employer must include the following information in the employer's written policy:

(i) Emergency escape procedures;

(ii) Procedures to be followed by employees who may remain longer at the worksite to perform critical shipyard employment operations during the evacuation;

(iii) Procedures to account for all employees after emergency evacuation is completed;

(iv) The preferred means of reporting fires and other emergencies; and

(v) Names or job titles of the employees or departments to be contacted for further information or explanation of duties.

(e) Rescue and emergency response. The employer must include the following information in the employer's written policy:

(i) A description of the emergency rescue procedures; and

(ii) Names or job titles of the employees who are assigned to perform them.

(3) Medical requirements for shipyard fire response employees. The employer must ensure that:

(a) All fire response employees receive medical examinations to assure that they are physically and medically fit for the duties they are expected to perform;

(b) Fire response employees, who are required to wear respirators in performing their duties, meet the medical requirements of WAC 296-842 WAC, Respirators.

(c) Each fire response employee has an annual medical examination; and

(d) The medical records of fire response employees are kept in accordance with chapter 296-802 WAC, Employee medical and exposure records.

(4) Organization of internal fire response functions. The employer must:

(a) Organize fire response functions to ensure enough resources to conduct emergency operations safely;

(b) Establish lines of authority and assign responsibilities to ensure that the components of the internal fire response are accomplished;

(c) Set up an incident management system to coordinate and direct fire response functions, including:

(i) Specific fire emergency responsibilities;

(ii) Accountability for all fire response employees participating in an emergency operation; and

(iii) Resources offered by outside organizations; and

(d) Provide the information required in this subsection to the outside fire response organization to be used.

(5) Personal protective clothing and equipment for fire response employees.

(a) General requirements. The employer must:

(i) Supply to all fire response employees, at no cost, the appropriate personal protective clothing and equipment they may need to perform expected duties; and

(ii) Ensure that fire response employees wear the appropriate personal protective clothing and use the equipment, when necessary, to protect them from hazardous exposures.

(b) Thermal stability and flame resistance. The employer must:

(i) Ensure that each fire response employee exposed to the hazards of flame does not wear clothing that could increase the extent of injury that could be sustained; and

(ii) Prohibit wearing clothing made from acetate, nylon, or polyester, either alone or in blends, unless it can be shown that:

(A) The fabric will withstand the flammability hazard that may be encountered; or

(B) The clothing will be worn in such a way to eliminate the flammability hazard that may be encountered.

(c) Respiratory protection. The employer must:

(i) Provide self-contained breathing apparatus (SCBA) to all fire response employees involved in an emergency operation in an atmosphere that is immediately dangerous to life or health (IDLH), potentially IDLH, or unknown;

(ii) Provide SCBA to fire response employees performing emergency operations during hazardous chemical emergencies that will expose them to known hazardous chemicals in vapor form or to unknown chemicals;

(iii) Provide fire response employees who perform or support emergency operations that will expose them to hazardous chemicals in liquid form either:

(A) SCBA; or

(B) Respiratory protective devices certified by the National Institute for Occupational Safety and Health (NIOSH) under 42 CFR Part 84 as suitable for the specific chemical environment;

(iv) Ensure that additional outside air supplies used in conjunction with SCBA result in positive pressure systems that are certified by NIOSH under 42 CFR Part 84;

(v) Provide only SCBA that meet the requirements of NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing Apparatus for the Fire Service (incorporated by reference, see WAC 296-304-01003); and

(vi) Ensure that the respiratory protection program and all respiratory protection equipment comply with chapter 296-842 WAC, Respiratory protection.

(d) Interior structural firefighting operations. The employer must:

(i) Supply at no cost to all fire response employees exposed to the hazards of shipyard fire response, a helmet, gloves, footwear, and protective hoods, and either a protective coat and trousers or a protective coverall; and

(ii) Ensure that this equipment meets the applicable recommendations in NFPA 1971-2000 Standard on Protective Ensemble for Structural Fire Fighting (incorporated by reference, see WAC 296-304-01003).

(e) Proximity fire fighting operations. The employer must provide, at no cost, to all fire response employees who are exposed to the hazards of proximity fire fighting, appropriate protective proximity clothing that meets the applicable recommendations in NFPA 1976-2000 Standard on Protective Ensemble for Proximity Fire Fighting (incorporated by reference, see WAC 296-304-01003).

(f) Personal alert safety system (PASS) devices. The employer must:

(i) Provide each fire response employee involved in fire fighting operations with a PASS device; and

(ii) Ensure that each PASS device meets the recommendations in NFPA 1982-1998 Standard on Personal Alert Safety Systems (PASS) (incorporated by reference, see WAC 296-304-01003).

(g) Life safety ropes, body harnesses, and hardware. The employer must ensure that:

(i) All life safety ropes, body harnesses, and hardware used by fire response employees for emergency operations meet the applicable recommendations in NFPA 1983-2001, Standard on Fire Service Life Safety Rope and System Components (incorporated by reference, see WAC 296-304-01003);

(ii) Fire response employees use only Class I body harnesses to attach to ladders and aerial devices; and

(iii) Fire response employees use only Class II and Class III body harnesses for fall arrest and rappelling operations.

(6) Equipment maintenance.

(a) Personal protective equipment. The employer must inspect and maintain personal protective equipment used to protect fire response employees to ensure that it provides the intended protection.

(b) Fire response equipment. The employer must:

(i) Keep fire response equipment in a state of readiness;

(ii) Standardize all fire hose coupling and connection threads throughout the facility and on vessels and vessel sections by providing the same type of hose coupling and connection threads for hoses of the same or similar diameter; and

(iii) Ensure that either all fire hoses and coupling connection threads are the same within a facility or vessel or vessel section as those used by the outside fire response organization, or supply suitable adapter couplings if such an organization is expected to use the fire response equipment within a facility or vessel or vessel section.

[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 07-17-034 (Order 07-12), § 296-304-01013, filed 08/07/07, effective 12/01/07. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-19-086 (Order 05-25), § 296-304-01013, filed 09/20/05, effective 12/01/05.

WAC 296-304-01015 Hazards of fixed extinguishing systems on board vessels and vessel sections.

(1) Employer responsibilities. The employer must comply with the provisions of this section whenever employees are exposed to fixed extinguishing systems that could create a dangerous atmosphere when activated in vessels and vessel sections, regardless of geographic location.

(2) Requirements for automatic and manual systems. Before any work is done in a space equipped with fixed extinguishing systems, the employer must either:

(a) Physically isolate the systems or use other positive means to prevent the systems' discharge; or

(b) Ensure employees are trained to recognize:

(i) Systems' discharge and evacuation alarms and the appropriate escape routes; and

(ii) Hazards associated with the extinguishing systems and agents including the dangers of disturbing system components and equipment such as piping, cables, linkages, detection devices, activation devices, and alarm devices.

(3) Sea and dock trials. During trials, the employer must ensure that all systems shall remain operational.

(4) Doors and hatches. The employer must:

(a) Take protective measures to ensure that all doors, hatches, scuttles, and other exit openings remain working and accessible for escape in the event the systems are activated; and

(b) Ensure that all inward opening doors, hatches, scuttles, and other potential barriers to safe exit are removed, locked open, braced, or otherwise secured so that they remain open and accessible for escape if the systems' activation could result in a positive pressure in the protected spaces sufficient to impede escape.

(5) Testing the system.

(a) When testing a fixed extinguishing system involves a total discharge of extinguishing medium into a space, the employer must evacuate all employees from the space and assure that no employees remain in the space during the discharge. The employer must retest the atmosphere in accordance with WAC 296-304-02003 to ensure that the oxygen levels are safe for employees to enter.

(b) When testing a fixed extinguishing system does not involve a total discharge of the system's extinguishing medium, the employer must make sure that the system's extinguishing medium is physically isolated and that all employees not directly involved in the testing are evacuated from the protected space.

(6) Conducting system maintenance. Before conducting maintenance on a fixed extinguishing system, the employer must ensure that the system is physically isolated.

(7) Using fixed manual extinguishing systems for fire protection. If fixed manual extinguishing systems are used to provide fire protection for spaces in which the employees are working, the employer must ensure that:

(a) Only authorized employees are allowed to activate the system;

(b) Authorized employees are trained to operate and activate the systems; and

(c) All employees are evacuated from the protected spaces, and accounted for, before the fixed manual extinguishing system is activated.

[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-19-086 (Order 05-25), § 296-304-01015, filed 09/20/05, effective 12/01/05.

WAC 296-304-01017 Land-side fire protection systems.

(1) Employer responsibilities. The employer must ensure all fixed and portable fire protection systems needed to meet WISHA standards for employee safety or employee protection from fire hazards in land-side facilities, including, but not limited to, buildings, structures, and equipment, meet the requirements of this section.

(2) Portable fire extinguishers and hose systems.

(a) The employer must select, install, inspect, maintain, and test all portable fire extinguishers according to NFPA 10-2002 Standard for Portable Fire Extinguishers (incorporated by reference, see WAC 296-304-01003).

(b) The employer is permitted to use Class II or Class III hose systems, in accordance with NFPA 10-2002, as portable fire extinguishers if the employer selects, installs, inspects, maintains, and tests those systems according to the specific recommendations in NFPA 14-2003 Standard for the Installation of Standpipe, Private Hydrant, and Hose Systems (incorporated by reference, see WAC 296-304-01003).

(3) General requirements for fixed extinguishing systems. The employer must:

(a) Ensure that any fixed extinguishing system component or extinguishing agent is approved by an OSHA nationally recognized testing laboratory for use on the specific hazards the employer expects it to control or extinguish;

(b) Notify employees and take the necessary precautions to ensure employees are safe from fire if for any reason a fire extinguishing system stops working, until the system is working again;

(c) Ensure all repairs to fire extinguishing systems and equipment are done by a qualified technician or mechanic;

(d) Provide and ensure employees use proper personal protective equipment when entering discharge areas in which the atmosphere remains hazardous to employee safety or health, or provide safeguards to prevent employees from entering those areas. See WAC 296-304-02003 for additional requirements applicable to safe entry into spaces containing dangerous atmospheres;

(e) Post hazard warning or caution signs at both the entrance to and inside of areas protected by fixed extinguishing systems that use extinguishing agents in concentrations known to be hazardous to employee safety or health; and

(f) Select, install, inspect, maintain, and test all automatic fire detection systems and emergency alarms according to NFPA 72-2002 National Fire Alarm Code (incorporated by reference, see WAC 296-304-01003).

(4) Fixed extinguishing systems. The employer must select, install, maintain, inspect, and test all fixed systems required by WISHA as follows:

(a) Standpipe and hose systems according to NFPA 14-2003 Standard for the Installation of Standpipe, Private Hydrant, and Hose Systems (incorporated by reference, see WAC 296-304-01003);

(b) Automatic sprinkler systems according to NFPA 25-2002 Standard for the Inspection, Testing, and Maintenance of Water-based Fire Protection Systems, and either NFPA 13-2002 Standard for the Installation of Sprinkler Systems or NFPA 750-2003 Standard on Water Mist Fire Protection Systems (incorporated by reference, see WAC 296-304-01003);

(c) Fixed extinguishing systems that use water or foam as the extinguishing agent according to NFPA 15-2001 Standard for Water Spray Fixed Systems for Fire Protection; NFPA 11-2005 Standard for Low, Medium, and High-Expansion Foam Systems; (incorporated by reference, see WAC 296-304-01003);

(d) Fixed extinguishing systems using dry chemical as the extinguishing agent according to NFPA 17-2002 Standard for Dry Chemical Extinguishing Systems (incorporated by reference, see WAC 296-304-01003); and

(e) Fixed extinguishing systems using gas as the extinguishing agent according to NFPA 12-2005 Standard on Carbon Dioxide Extinguishing Systems; NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems; and NFPA 2001-2004 Standard on Clean Agent Fire Extinguishing Systems (incorporated by reference, see WAC 296-304-01003).

[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 07-17-034 (Order 07-12), § 296-304-01017, filed 08/07/07, effective 12/01/07. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-19-086 (Order 05-25), § 296-304-01017, filed 09/20/05, effective 12/01/05.

WAC 296-304-01019 Training.

(1) The employer must train employees in the applicable requirements of this section:

(a) By March 1, 2006, for employees currently working;

(b) Upon initial assignment for new employees; and

(c) When necessary to maintain proficiency for employees previously trained.

(2) Employee training. The employer must ensure that all employees are trained on:

(a) The emergency alarm signals, including system discharge alarms and employee evacuation alarms; and

(b) The primary and secondary evacuation routes that employees must use in the event of a fire in the workplace. While all vessels and vessel sections must have a primary evacuation route, a secondary evacuation route is not required when impracticable.

(3) Additional training requirements for employees expected to fight incipient stage fires. The employer must ensure that employees expected to fight incipient stage fires are trained on the following:

(a) The general principles of using fire extinguishers or hose lines, the hazards involved with incipient fire fighting, and the procedures used to reduce these hazards;

(b) The hazards associated with fixed and portable fire protection systems that employees may use or to which they may be exposed during discharge of those systems; and

(c) The activation and operation of fixed and portable fire protection systems that the employer expects employees to use in the workplace.

(4) Additional training requirements for shipyard employees designated for fire response. The employer must:

(a) Have a written training policy stating that fire response employees must be trained and capable of carrying out their duties and responsibilities at all times;

(b) Keep written standard operating procedures that address anticipated emergency operations and update these procedures as necessary;

(c) Review fire response employee training programs and hands-on sessions before they are used in fire response training to make sure that fire response employees are protected from hazards associated with fire response training;

(d) Provide training for fire response employees that ensures they are capable of carrying out their duties and responsibilities under the employer's standard operating procedures;

(e) Train new fire response employees before they engage in emergency operations;

(f) At least quarterly, provide training on the written operating procedures to fire response employees who are expected to fight fires;

(g) Use qualified instructors to conduct the training;

(h) Conduct any training that involves live fire response exercises in accordance with NFPA 1403-2002 Standard on Live Fire Training Evolutions (incorporated by reference, see WAC 296-304-01003);

(i) Conduct semiannual drills according to the employer's written procedures for fire response employees that cover site-specific operations, occupancies, buildings, vessels and vessel sections, and fire-related hazards; and

(j) Prohibit the use of smoke generating devices that create a dangerous atmosphere in training exercises.

(5) Additional training requirements for fire watch duty.

(a) The employer must ensure that each fire watch is trained by an instructor with adequate fire watch knowledge and experience to cover the items as follows:

(i) Before being assigned to fire watch duty;

(ii) Whenever there is a change in operations that presents a new or different hazard;

(iii) Whenever the employer has reason to believe that the fire watch's knowledge, skills, or understanding of the training previously provided is inadequate; and

(iv) Annually.

(b) The employer must ensure that each employee who stands fire watch duty is trained in:

(i) The basics of fire behavior, the different classes of fire and of extinguishing agents, the stages of fire, and methods for extinguishing fires;

(ii) Extinguishing live fire scenarios whenever allowed by local and federal law;

(iii) The recognition of the adverse health effects that may be caused by exposure to fire;

(iv) The physical characteristics of the hot work area;

(v) The hazards associated with fire watch duties;

(vi) The personal protective equipment (PPE) needed to perform fire watch duties safely;

(vii) The use of PPE;

(viii) The selection and use of any fire extinguishers and fire hoses likely to be used by a fire watch in the work area;

(ix) The location and use of barriers;

(x) The means of communication designated by the employer for fire watches;

(xi) When and how to start fire alarm procedures; and

(xii) The employer's evacuation plan.

(c) The employer must ensure that each fire watch is trained to alert others to exit the space whenever:

(i) The fire watch perceives an unsafe condition;

(ii) The fire watch perceives that a worker performing hot work is in danger;

(iii) The employer or a representative of the employer orders an evacuation; or

(iv) An evacuation signal, such as an alarm, is activated.

(6) Records. The employer must keep records that demonstrate that employees have been trained as required by subsections (1) through (5) of this section.

(a) The employer must ensure that the records include the employee's name; the trainer's name; the type of training; and the date(s) on which the training took place.

(b) The employer must keep each training record for one year from the time it was made or until it is replaced with a new training record, whichever is shorter, and make it available for inspection and copying by WISHA on request.

[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-19-086 (Order 05-25), § 296-304-01019, filed 09/20/05, effective 12/01/05.

WAC 296-304-01021 Competent person.

(1) Application. This section applies to shipyard employment.

(2) Designation.

(a) One or more competent persons shall be designated by the employer in accordance with the applicable requirements of this section, unless the requirements of WAC 296-304-020 through 296-304-02011, WAC 296-304-030 through 296-304-03009, WAC 296-304-040 through 296-304-04013, and WAC 296-304-080 through 296-304-08011, are always carried out by a marine chemist.

Exception: The employer may designate any person who meets the applicable portions of the criteria set forth in subsection (3) of this section as a competent person who is limited to performing testing to the following situations:

(i) Repair work on small craft in boat yards where only combustible gas indicator tests are required for fuel tank leaks or when using flammable paints below decks;

(ii) Building of wooden vessels where only knowledge of the precautions to be taken when using flammable paints is required;

(iii) The breaking of vessels where there is no fuel oil or other flammable hazard; and

(iv) Tests and inspections performed to comply with WAC 296-304-03007 (2)(h) and 296-304-03009 (1)(e).

(b) The employer shall maintain either a roster of designated competent persons or a statement that a marine chemist will perform the tests or inspections which require a competent person.

(c) The employer shall make the roster of designated persons or the statement available to employees, the employee's representative, or the director upon request.

(d) The roster shall contain, as a minimum, the following:

(i) The employer's name;

(ii) The designated competent person's name(s); and

(iii) The date the employee was trained as a competent person.

(3) Criteria. The employer shall ensure that each designated competent person has the following skills and knowledge:

(a) Ability to understand and carry out written or oral information or instructions left by marine chemists, Coast Guard-authorized persons and certified industrial hygienists;

(b) Knowledge of WAC 296-304-020 through 296-304-02011, WAC 296-304-030 through 296-304-03009, WAC 296-304-040 through 296-304-04013, and WAC 296-304-080 through 296-304-08011;

(c) Knowledge of the structure, location, and designation of spaces where work is done;

(d) Ability to calibrate and use testing equipment including, but not limited to, oxygen indicators, combustible gas indicators, carbon monoxide indicators, and carbon dioxide indicators, and to interpret accurately the test results of that equipment;

(e) Ability to perform all required tests and inspections which are or may be performed by a competent person as set forth in WAC 296-304-020 through 296-304-02011, WAC 296-304-030 through 296-304-03009, WAC 296-304-040 through 296-304-04013, and WAC 296-304-080 through 296-304-08011;

(f) Ability to inspect, test, and evaluate spaces to determine the need for further testing by a marine chemist or a certified industrial hygienist; and

(g) Ability to maintain records required by this section.

(4) Recordkeeping.

(a) When tests and inspections are performed by a competent person, marine chemist, or certified industrial hygienist as required by any provisions of WAC 296-304-020 through 296-304-02011, WAC 296-304-030 through 296-304-03009, WAC 296-304-040 through 296-304-04013, or WAC 296-304-080 through 296-304-08011, the employer shall ensure that the person performing the test and inspection records the location, time, date, location of inspected spaces, and the operations performed, as well as the test results and any instructions.

(b) The employer shall ensure that the records are posted in the immediate vicinity of the affected operations while work in the spaces is in progress. The records shall be kept on file for a period of at least three months from the completion date of the specific job for which they were generated.

(c) The employer shall ensure that the records are available for inspection by the director, and employees and their representatives.

[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-19-086 (Order 05-25), § 296-304-01019, filed 09/20/05, effective 12/01/05.

WAC 296-304-01023. Appendix A-Model fire safety plan.

Note: This appendix is nonmandatory and provides guidance to assist employers in establishing a fire safety plan as required in WAC 296-304-01007.

Table of Contents

1. Purpose.
2. Worksite fire hazards and how to properly control them.
3. Alarm systems and how to report fires.
4. How to evacuate in different emergency situations.
5. Employee awareness.

1. Purpose.

The purpose of this fire safety plan is to inform our employees of how we will control and reduce the possibility of fire in the workplace and to specify what equipment employees may use in case of fire.

2. Work site fire hazards and how to properly control them.

(a) Measures to contain fires.
(b) Teaching selected employees how to use fire protection equipment.
(c) What to do if you discover a fire.
(d) Potential ignition sources for fires and how to control them.
(e) Types of fire protection equipment and systems that can control a fire.
(f) The level of fire fighting capability present in the facility, vessel, or vessel section.
(g) Description of the personnel responsible for maintaining equipment, alarms, and systems that are installed to prevent or control fire ignition sources, and to control fuel source hazards.

3. Alarm systems and how to report fires.

(a) A demonstration of alarm procedures, if more than one type exists.
(b) The worksite emergency alarm system.
(c) Procedures for reporting fires.

4. How to evacuate in different emergency situations.

(a) Emergency escape procedures and route assignments.
(b) Procedures to account for all employees after completing an emergency evacuation.
(c) What type of evacuation is needed and what the employee’s role is in carrying out the plan.
(d) Helping physically impaired employees.

5. Employee awareness.
Names, job titles, or departments of individuals who can be contacted for further information about this plan.
[Statutory Authority: RCW 49.17.010, .020, .040, .050, and .060. 07-17-034, (Order 07-12), § 296-304-01023, filed 08/07/07, effective 12/01/07.]

WAC 296-304-020 Confined and enclosed spaces and other dangerous atmospheres in shipyard employment. 

Scope, application and definitions applicable to this subsection:

(1) Scope and application. This section applies to work in confined and enclosed spaces and other dangerous atmospheres in shipyard employment, including vessels, vessel sections, and on land-side operations regardless of geographic location.

(2) Definitions applicable to this section:

Adjacent spaces means those spaces bordering a subject space in all directions, including all points of contact, corners, diagonals, decks, tank tops, and bulkheads.

Certified industrial hygienist (CIH) means an industrial hygienist who is certified by the American Board of Industrial Hygiene.

Coast Guard authorized person means an individual who meets the requirement of WAC 296-304-02015, Appendix C, for tank vessels, for passenger vessels, and for cargo and miscellaneous vessels.

Dangerous atmosphere means an atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (i.e., escape unaided from a confined or enclosed space), injury, or acute illness.

Director means the director of the department of labor and industries or his/her designated representative.

Enter with restrictions denotes a space where entry for work is permitted only if engineering controls, personal protective equipment, clothing, and time limitations are as specified by the marine chemist, certified industrial hygienist, or the shipyard competent person.

Entry means the action by which a person passes through an opening into a space. Entry includes ensuing work activities in that space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space.

Hot work means any activity involving riveting, welding, burning, the use of powder-actuated tools or similar fire-producing operations. Grinding, drilling, abrasive blasting, or similar spark-producing operations are also considered hot work except when such operations are isolated physically from any atmosphere containing more than 10 percent of the lower explosive limit of a flammable or combustible substance.

Immediately dangerous to life or health (IDLH) means an atmosphere that poses an immediate threat to life or that is likely to result in acute or immediate severe health effects.

Inert or inerted atmosphere means an atmospheric condition where:

(a) The oxygen content of the atmosphere in the space is maintained at a level equal to or less than 8.0 percent by volume or at a level at or below 50 percent of the amount required to support combustion, whichever is less; or

 (b) The space is flooded with water and the vapor concentration of flammable or combustible materials in the free space atmosphere above the water line is less than 10 percent of the lower explosive limit for the flammable or combustible material.

Labeled means identified with a sign, placard, or other form of written communication, including pictograms, that provides information on the status or condition of the work space to which it is attached.

Lower explosive limit (LEL) means the minimum concentration of vapor in air below which propagation of a flame does not occur in the presence of an ignition source.

Marine chemist means an individual who possesses a current marine chemist certificate issued by the National Fire Protection Association (NFPA).

NFPA means National Fire Protection Association.

Nationally Recognized Testing Laboratory (NRTL) means an organization recognized by OSHA, in accordance with Appendix A of 29 CFR 1910.7, which tests for safety and lists or labels or accepts equipment and materials that meet all the criteria found in Section 1910.7(b)(1) through (b)(4)(ii).

Not safe for hot work denotes a space where hot work may not be performed because the conditions do not meet the criteria for “safe for hot work.”

Not safe for workers denotes a space where an employee may not enter because the conditions do not meet the criteria for “safe for workers.”

Oxygen-deficient atmosphere means an atmosphere having an oxygen concentration of less than 19.5 percent by volume.

Oxygen-enriched atmosphere means an atmosphere that contains 22.0 percent or more oxygen by volume.

Safe for hot work denotes a space that meets all of the following criteria:

(a) The oxygen content of the atmosphere does not exceed 22.0 percent by volume;

(b) The concentration of flammable vapors in the atmosphere is less than 10 percent of the lower explosive limit;

(c) The residues or materials in the space are not capable of producing a higher concentration than permitted in (a) or (b) of the above, under existing atmospheric conditions in the presence of hot work and while maintained as directed by the marine chemist or competent person; and

(d) All adjacent spaces have been cleaned, or inerted, or treated sufficiently to prevent the spread of fire.

Safe for workers denotes a space that meets the following criteria:

(a) The oxygen content of the atmosphere is at least 19.5 percent and below 22.0 percent by volume;

(b) The concentration of flammable vapors is below 10 percent of the lower explosive limit (LEL);

(c) Any toxic materials in the atmosphere associated with cargo, fuel, tank coatings, or inerting media are within permissible concentrations at the time of the inspection; and

(d) Any residues or materials associated with the work authorized by the marine chemist, certified industrial hygienist, or competent person will not produce uncontrolled release of toxic materials under existing atmospheric conditions while maintained as directed.

Space means an area on a vessel or vessel section or within a shipyard such as, but not limited to: Cargo tanks or holds; pump or engine rooms; storage lockers; tanks containing flammable or combustible liquids, gases, or solids; rooms within buildings; crawl spaces; tunnels; or accessways. The atmosphere within a space is the entire area within its bounds.

Upper explosive limit (UEL) means the maximum concentration of flammable vapor in air above which propagation of flame does not occur on contact with a source of ignition.

Vessel section means a subassembly, module, or other component of a vessel being built, repaired, or broken.

Visual inspection means the physical survey of the space, its surroundings and contents to identify hazards such as, but not limited to, restricted accessibility, residues, unguarded machinery, and piping or electrical systems.

[Statutory Authority: RCW 49.17.010, .020, .040, .050, and .060. 07-17-034, (Order 07-12), § 296-304-020, filed 08/07/07, effective 12/01/07.] Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-020, filed 1/18/95, effective 3/10/95; 93-04-111 (Order 92-15), § 296-304-020, filed 2/3/93, effective 3/15/93; Order 74-25, § 296-304-020, filed 5/7/74.]

WAC 296-304-02001 Reserved.

[Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-02001, filed 1/18/95, effective 3/10/95; Order 76-7, § 296-304-02001, filed 3/1/76; Order 74-25, § 296-304-02001, filed 5/7/74.]

WAC 296-304-02003 Precautions and the order of testing before entering confined and enclosed spaces and other dangerous atmospheres. 

The employer shall ensure that atmospheric testing is performed in the following sequence: Oxygen content, flammability, toxicity.

(1) Oxygen content.

(a) The employer shall ensure that the following spaces are visually inspected and tested by a competent person to determine the atmosphere's oxygen content prior to initial entry into the space by an employee:

(i) Spaces that have been sealed, such as, but not limited to, spaces that have been coated and closed up, and nonventilated spaces that have been freshly painted;

(ii) Spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases;

(iii) Spaces and adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corrosive, or irritant;

(iv) Spaces and adjacent spaces that have been fumigated; and

(v) Spaces containing materials or residues of materials that create an oxygen-deficient atmosphere.

 (b) If the space to be entered contains an oxygen deficient atmosphere, the space shall be labeled “not safe for workers” or, if oxygen-enriched, “not safe for workers--not safe for hot work.” If an oxygen-deficient or oxygen-enriched atmosphere is found, ventilation shall be provided at volumes and flow rates sufficient to ensure that the oxygen content is maintained at or above 19.5 percent and below 22.0 percent by volume. The warning label may be removed when the oxygen content is equal to or greater than 19.5 and less than 22.0 percent by volume.

(c) An employee may not enter a space where the oxygen content, by volume, is below 19.5 percent or above 22.0 percent.

Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment necessary to start work in the space provided:

(i) The atmosphere in the space is monitored for oxygen content, by volume, continuously; and

(ii) Respiratory protection and other appropriate personal protective equipment and clothing are provided in accordance with WAC 296-304-090 through 296-304-09007.

Note to (a): Other provisions for work in IDLH atmospheres are located in WAC 296-304-090 through 296-304-09007.

(2) Flammable atmospheres.

(a) The employer shall ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases are:

(i) Inspected visually by the competent person to determine the presence of combustible or flammable liquids; and

(ii) Tested by a competent person prior to entry by an employee to determine the concentration of flammable vapors and gases within the space.

(b) If the concentration of flammable vapors or gases in the space to be entered is equal to or greater than 10 percent of the lower explosive limit, the space shall be labeled “not safe for workers” and “not safe for hot work.” Ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration of flammable vapors is maintained below 10 percent of the lower explosive limit. The warning labels may be removed when the concentration of flammable vapors is below 10 percent of the lower explosive limit.

(c) An employee may not enter a space where the concentration of flammable vapors or gases is equal to or greater than 10 percent of the lower explosive limit. Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment necessary to start work in the space, provided:

(i) No ignition sources are present;

(ii) The atmosphere in the space is monitored continuously;

(iii) Atmospheres at or above the upper explosive limit are maintained; and

 (iv) Respiratory protection and other appropriate personal protective equipment and clothing are provided in accordance with WAC 296-304-090 through 296-304-09007.

Note 1 to (2): Additional provisions for work in IDLH atmospheres are located in WAC 296-304-090 through 296-304-09007.

Note 2 to (2): Additional provisions for work in spaces containing a flammable substance which also has a permissible exposure limit, are located in subsection (3) of this section and chapter 296-841 WAC.

(3) Toxic, corrosive, irritant or fumigated atmospheres and residues.

(a) The employer shall ensure that spaces or adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corrosive or irritant are:

(i) Inspected visually by the competent person to determine the presence of toxic, corrosive, or irritant residue contaminants; and

(ii) Tested by a competent person prior to initial entry by an employee to determine the air concentration of toxics, corrosives, or irritants within the space.

(b) If a space contains an air concentration of a material which exceeds a chapter 296-841 WAC, permissible exposure limit (PEL) or is IDLH, the space shall be labeled “not safe for workers.” Ventilation shall be provided at volumes and flow rates which will ensure that air concentrations are maintained within the PEL or, in the case of contaminants for which there is no established PEL, below the IDLH. The warning label may be removed when the concentration of contaminants is maintained within the PEL or below IDLH level.

(c) If a space cannot be ventilated to within the PELs or is IDLH, a marine chemist or CIH must re-test until the space can be certified “enter with restrictions” or “safe for workers.”

(d) An employee may not enter a space whose atmosphere exceeds a PEL or is IDLH.

Exception: An employee may enter for emergency rescue, or for a short duration for installation of ventilation equipment provided:

(i) The atmosphere in the space is monitored continuously;

(ii) Respiratory protection and other necessary and appropriate personal protective equipment and clothing are provided in accordance with WAC 296-304-090 through 296-304-09007.

Note to (3): Other provisions for work in IDLH atmospheres are located in WAC 296-304-090 through 296-304-09007.

(4) Training of employees entering confined and enclosed spaces or other dangerous atmospheres.

(a) The employer shall ensure that each employee that enters a confined or enclosed space and other areas with dangerous atmospheres is trained to perform all required duties safely.

(b) The employer shall ensure that each employee who enters a confined space, enclosed space, or other areas with dangerous atmospheres is trained to:

(i) Recognize the characteristics of the confined space;

(ii) Anticipate and be aware of the hazards that may be faced during entry;

(iii) Recognize the adverse health effects that may be caused by the exposure to a hazard;

(iv) Understand the physical signs and reactions related to exposures to such hazards;

(v) Know what personal protective equipment is needed for safe entry into and exit from the space;

(vi) Use personal protective equipment; and

(vii) Where necessary, be aware of the presence and proper use of barriers that may be needed to protect an entrant from hazards.

(c) The employer shall ensure that each entrant into confined or enclosed spaces or other dangerous atmospheres is trained to exit the space or dangerous atmosphere whenever:

(i) The employer or his or her representative orders evacuation;

(ii) An evacuation signal such as an alarm is activated; or

(iii) The entrant perceives that he or she is in danger.

(d) The employer shall provide each employee with training:

(i) Before the entrant begins work addressed by this chapter; and

(ii) Whenever there is a change in operations or in an employee's duties that presents a hazard about which the employee has not previously been trained.

(e) The employer shall certify that the training required by (a) through (d) of this subsection has been accomplished.

(i) The certification shall contain the employee's name, the name of the certifier, and the date(s) of the certification.

(ii) The certification shall be available for inspection by the director, employees, and their representatives.

(5) Rescue teams. The employer shall either establish a shipyard rescue team or arrange for an outside rescue team which will respond promptly to a request for rescue service.

(a) Shipyard rescue teams shall meet the following criteria:

(i) Each employee assigned to the shipyard team shall be provided with and trained to use the personal protective equipment he or she will need, including respirators and any rescue equipment necessary for making rescues from confined and enclosed spaces and other dangerous atmospheres.

(ii) Each employee assigned to the shipyard rescue team shall be trained to perform his or her rescue functions including confined and enclosed and other dangerous atmosphere entry.

(iii) Shipyard rescue teams shall practice their skills at least once every 12 months. Practice drills shall include the use of mannequins and rescue equipment during simulated rescue operations involving physical facilities that approximate closely those facilities from which rescue may be needed.

Note to (5)(a)(iii): If the team performs an actual rescue during the 12 month period, an additional practice drill for that type of rescue is not required.

(iv) At least one person on each rescue team shall maintain current certification in basic first aid which includes maintenance of an airway, control of bleeding, maintenance of circulation and cardiopulmonary resuscitation (CPR) skills.

(b) The employer shall inform outside rescue teams of the hazards that the team may encounter when called to perform confined and enclosed space or other dangerous atmosphere rescue at the employer's facility so that the rescue team can be trained and equipped.

Note to (5): The criteria for in-house rescue, listed in (5)(a) can be used by the employer in evaluating outside rescue services.

(6) Exchanging hazard information between employers. Each employer whose employees work in confined and enclosed spaces or other dangerous atmospheres shall ensure that all available information on the hazards, safety rules, and emergency procedures concerning those spaces and atmospheres is exchanged with any other employer whose employees may enter the same spaces.

[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-03-093 (Order 04-41), § 296-304-02003, filed 01/18/05, effective 03/01/05. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 95-22-015, § 296-304-02003, filed 10/20/95, effective 1/16/96. Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-02003, filed 1/18/95, effective 3/10/95; 93-19-142 (Order 93-04), § 296-304-02003, filed 9/22/93, effective 11/1/93; Order 76-7, § 296-304-02003, filed 3/1/76; Order 74-25, § 296-304-02003, filed 5/7/74.]

WAC 296-304-02005 Cleaning and other cold work.

(1) Locations covered by this section. The employer shall ensure that manual cleaning and other cold work are not performed in the following spaces unless the conditions of subsection (2) of this section have been met:

(a) Spaces containing or having last contained bulk quantities of combustible or flammable liquids or gases; and

(b) Spaces containing or having last contained bulk quantities of liquids, gases or solids that are toxic, corrosive or irritating.

(2) Requirements for performing cleaning or cold work.

(a) Liquid residues of hazardous materials shall be removed from work spaces as thoroughly as practicable before employees start cleaning operations or cold work in a space. Special care shall be taken to prevent the spilling or the draining of these materials into the water surrounding the vessel, or for shore-side operations, onto the surrounding work area.

(b) Testing shall be conducted by a competent person to determine the concentration of flammable, combustible, toxic, corrosive, or irritant vapors within the space prior to the beginning of cleaning or cold work.

(c) Continuous ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration(s) of:

(i) Flammable vapor is maintained below 10 percent of the lower explosive limit; and

Note to (2)(c)(i): Spaces containing highly volatile residues may require additional ventilation to keep the concentration of flammable vapors below 10 percent of the lower explosive limit and within the permissible exposure limit.

(ii) Toxic, corrosive, or irritant vapors are maintained within the permissible exposure limits and below IDLH levels.

(d) Testing shall be conducted by the competent person as often as necessary during cleaning or cold work to assure that air concentrations are below 10 percent of the lower explosive limit and within the PELs and below IDLH levels. Factors such as, but not limited to, temperature, volatility of the residues and other existing conditions in and about the spaces are to be considered in determining the frequency of testing necessary to assure a safe atmosphere.

Note to (2)(d): See WAC 296-304-02013--Appendix B, for additional information on frequency of testing.

(e) Spills or other releases of flammable, combustible, toxic, corrosive, and irritant materials shall be cleaned up as work progresses.

(f) An employee may not enter a confined or enclosed space or other dangerous atmosphere if the concentration of flammable or combustible vapors in work spaces exceeds 10 percent of the lower explosive limit.

Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment provided:

(i) No ignition sources are present;

(ii) The atmosphere in the space is monitored continuously;

(iii) The atmosphere in the space is maintained above the upper explosive limit; and

(iv) Respiratory protection, personal protective equipment, and clothing are provided in accordance with WAC 206-304-090 through 296-304-09007.

Note to (2)(f): Other provisions for work in IDLH and other dangerous atmospheres are located in WAC 296-304-090 through 296-304-09007.

(g) A competent person shall test ventilation discharge areas and other areas where discharged vapors may collect to determine if vapors discharged from the spaces being ventilated are accumulating in concentrations hazardous to employees.

(h) If the tests required in (g) of this subsection indicate that concentrations of exhaust vapors that are hazardous to employees are accumulating, all work in the contaminated area shall be stopped until the vapors have dissipated or been removed.

(i) Only explosion-proof, self-contained portable lamps, or other electric equipment approved by a National Recognized Testing Laboratory (NRTL) for the hazardous location shall be used in spaces described in subsection (1) of this section, until such spaces have been certified as “safe for workers.”

Note to (2)(i): Battery-fed, portable lamps or other electric equipment bearing the approval of a NRTL for the class, and division of the location in which they are used are deemed to meet the requirements of (i) of this subsection.

(j) The employer shall prominently post signs that prohibit sources of ignition within or near a space that has contained flammable or combustible liquids or gases in bulk quantities:

(i) At the entrance to those spaces;

(ii) In adjacent spaces; and

(iii) In the open area adjacent to those spaces.

(k) All air moving equipment and its component parts, including duct work, capable of generating a static electric discharge of sufficient energy to create a source of ignition, shall be bonded electrically to the structure of a vessel or vessel section or, in the case of land-side spaces, grounded to prevent an electric discharge in the space.

(l) Fans shall have nonsparking blades, and portable air ducts shall be of nonsparking materials.

Note to (2): See WAC 296-304-02003(3) and applicable requirements of chapter 296-62 WAC, general occupational health standards, for other provisions affecting cleaning and cold work.

[Statutory Authority: RCW 49.17.010, .020, .040, .050, and .060. 07-17-034, (Order 07-12), § 296-304-02005, filed 08/07/07, effective 12/01/07.] Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-02005, filed 1/18/95, effective 3/10/95; Order 74-25, § 296-304-02005, filed 5/7/74.]

WAC 296-304-02007 Hot work.

(1) Hot work requiring testing by a marine chemist or Coast Guard authorized person.

(a) The employer shall ensure that hot work is not performed in or on any of the following confined and enclosed spaces and other dangerous atmospheres, boundaries of spaces or pipelines until the work area has been tested and certified by a marine chemist or a U.S. Coast Guard authorized person as “safe for hot work”:

(i) Within, on, or immediately adjacent to spaces that contain or have contained combustible or flammable liquids or gases.

(ii) Within, on, or immediately adjacent to fuel tanks that contain or have last contained fuel; and

(iii) On pipelines, heating coils, pump fittings or other accessories connected to spaces that contain or have last contained fuel.

(iv) Exception: On dry cargo, miscellaneous and passenger vessels and in the landside operations within spaces which meet the standards for oxygen, flammability and toxicity in WAC 296-304-02003, but are adjacent to spaces containing flammable gases or liquids, as long as the gases or liquids with a flash point below 150 deg. F (65.6 deg. C) when the distance between such spaces and the work is 25 feet (7.62 m) or greater.

Note: For flammable liquids with flash points above 150 deg. F (65.6 deg. C), see subsection (2) of this section.

Note to (1)(a): The criteria for “safe for hot work” is located in the definition section, WAC 296-304-020(2).

(b) The certificate issued by the marine chemist or Coast Guard authorized person shall be posted in the immediate vicinity of the affected operations while they are in progress and kept on file for a period of at least three months from the date of the completion of the operation for which the certificate was generated.

(2) Hot work requiring testing by a competent person.

(a) Hot work is not permitted in or on the following spaces or adjacent spaces or other dangerous atmospheres until they have been tested by a competent person and determined to contain no concentrations of flammable vapors equal to or greater than 10 percent of the lower explosive limit:

(i) Dry cargo holds;

(ii) The bilges;

(iii) The engine room and boiler spaces for which a marine chemist or a Coast Guard authorized person certificate is not required under subsection (1)(a)(i) of this section; and

(iv) Vessels and vessel sections for which a marine chemist or Coast Guard authorized person certificate is not required under subsection (1)(a)(i) of this section; and

(v) Land-side confined and enclosed spaces or other dangerous atmospheres not covered by subsection (1)(a) of this section.

(b) If the concentration of flammable vapors or gases is equal to or greater than 10 percent of the lower explosive limit in the space or an adjacent space where the hot work is to be done, then the space shall be labeled “not safe for hot work” and ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration of flammable vapors or gases is below 10 percent by volume of the lower explosive limit. The warning label may be removed when the concentration of flammable vapors and gases are below 10 percent of the lower explosive limit.

Note to WAC 296-304-02007: See WAC 296-304-02013--Appendix B, for additional information relevant to performing hot work safely.

[Statutory Authority: RCW 49.17.010, .020, .040, .050, and .060. 07-17-034, (Order 07-12), § 296-304-02007, filed 08/07/07, effective 12/01/07.] Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-04-099 (Order 02-31), § 296-304-02007, filed 02/04/03, effective 08/01/03. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 95-22-015, § 296-304-02007, filed 10/20/95, effective 1/16/96. Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-02007, filed 1/18/95, effective 3/10/95; Order 76-7, § 296-304-02007, filed 3/1/76; Order 74-25, § 296-304-02007, filed 5/7/74.]

WAC 296-304-02009 Maintenance of safe conditions.

(1) Preventing hazardous materials from entering. Pipelines that could carry hazardous materials into spaces that have been certified “safe for workers” or “safe for hot work” shall be disconnected, blanked off, or otherwise blocked by a positive method to prevent hazardous materials from being discharged into the space.

(2) Alteration of existing conditions. When a change that could alter conditions within a tested confined or enclosed space or other dangerous atmosphere occurs, work in the affected space or area shall be stopped. Work may not be resumed until the affected space or area is visually inspected and retested and found to comply with WAC 296-304-02003, 296-304-02005, and 296-304-02007, as applicable.

Note to (2): Examples of changes that would warrant the stoppage of work include: The opening of manholes or other closures or the adjusting of a valve regulating the flow of hazardous materials.

(3) Tests to maintain the conditions of a marine chemist's or Coast Guard authorized person's certificates. A competent person shall visually inspect and test each space certified as “safe for workers” or “safe for hot work,” as often as necessary to ensure that atmospheric conditions within that space are maintained within the conditions established by the certificate after the certificate has been issued.

(4) Change in the conditions of a marine chemist's or Coast Guard authorized person's certificate. If a competent person finds that the atmospheric conditions within a certified space fail to meet the applicable requirements of WAC 296-304-02003, 296-304-02005, and 296-304-02007, work in the certified space shall be stopped and may not be resumed until the space has been retested by a marine chemist or Coast Guard authorized person and a new certificate issued in accordance with WAC 296-304-02007(1).

(5) Tests to maintain a competent person's findings. After a competent person has conducted a visual inspection and tests required in WAC 296-304-02003, 296-304-02005, and 296-304-02007 and determined a space to be safe for an employee to enter, he or she shall continue to test and visually inspect spaces as often as necessary to ensure that the required atmospheric conditions within the tested space are maintained.

(6) Changes in conditions determined by competent person's findings. After the competent person has determined initially that a space is safe for an employee to enter and he or she finds subsequently that the conditions within the tested space fail to meet the requirements of WAC 296-304-02003, 296-304-02005, and 296-304-02007, as applicable, work shall be stopped until the conditions in the tested space are corrected to comply with WAC 296-304-02003, 296-304-02005, and 296-304-02007, as applicable.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-04-099 (Order 02-31), § 296-304-02009, filed 02/04/03, effective 08/01/03. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 95-22-015, § 296-304-02009, filed 10/20/95, effective 1/16/96. Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-02009, filed 1/18/95, effective 3/10/95; Order 76-7, § 296-304-02009, filed 3/1/76; Order 74-25, § 296-304-02009, filed 5/7/74.]

WAC 296-304-02011 Warning signs and labels.

(1) Employee comprehension of signs and labels. The employer shall ensure that each sign or label posted to comply with the requirements of this section is presented in a manner that can be perceived and understood by all employees.

(2) Posting of large work areas. A warning sign or label required by subsection (1) of this section need not be posted at an individual tank, compartment or work space within a work area if the entire work area has been tested and certified: “Not safe for workers,” “not safe for hot work,” and if the sign or label to this effect is posted conspicuously at each means of access to the work area.

[Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-02011, filed 1/18/95, effective 3/10/95; Order 74-25, § 296-304-02011, filed 5/7/74.]

WAC 296-304-02013 Appendix B-Compliance assistance guidelines for confined and enclosed spaces and other dangerous atmospheres. 

This appendix is a nonmandatory set of guidelines provided to assist employers in complying with the requirements of WAC 296-304-020 through 296-304-02011. This appendix neither creates additional obligations nor detracts from obligations otherwise contained in this chapter. It is intended to provide explanatory information and educational material to employers and employees to foster understanding of, and compliance with, this chapter.

WAC 296-304-020 through 296-304-02011. These standards are minimum safety standards for entering and working safely in vessel tanks and compartments.

WAC 296-304-020(2) Definition of “Hot work.” There are several instances in which circumstances do not necessitate that grinding, drilling, abrasive blasting be regarded as hot work. Some examples are:

(1) Abrasive blasting of the hull for paint preparation does not necessitate pumping and cleaning the tanks of a vessel.

(2) Prior to hot work on any hollow structure, the void space should be tested and appropriate precautions taken.

WAC 296-304-020(2) Definition of “Lower explosive limit.” The terms lower flammable limit (LFL) and lower explosive limit (LEL) are used interchangeably in fire science literature.

WAC 296-304-020(2) Definition of “Upper explosive limit.” The terms upper flammable limit (UFL) and upper explosive limit (UEL) are used interchangeably in fire science literature.

WAC 296-304-02003(1) After a tank has been properly washed and ventilated, the tank should contain 20.8 percent oxygen by volume. This is the same amount found in our normal atmosphere at sea level. However, it is possible that the oxygen content will be lower. When this is the case, the reasons for this deficiency should be determined and corrective action taken.

An oxygen content of 19.5 percent can support life and is adequate for entry. However, any oxygen level less than 20.8 percent and greater than 19.5 percent level should also alert the competent person to look for the causes of the oxygen deficiency and to correct them prior to entry.

WAC 296-304-02003(2) Flammable atmospheres. Atmospheres with a concentration of flammable vapors at or above 10 percent of the lower explosive limit (LEL) are considered hazardous when located in confined spaces. However, atmospheres with flammable vapors below 10 percent of the LEL are not necessarily safe.

Such atmospheres are too lean to burn. Nevertheless, when a space contains or produces measurable flammable vapors below the 10 percent LEL, it might indicate that flammable vapors are being released or introduced into the space and could present a hazard in time. Therefore, the cause of the vapors should be investigated and, if possible, eliminated prior to entry.

Some situations that have produced measurable concentrations of flammable vapors that could exceed 10 percent of the LEL in time are:

(1) Pipelines that should have been blanked or disconnected have opened, allowing product into the space.

(2) The vessel may have shifted, allowing product not previously cleaned and removed during washing to move into other areas of the vessel.

(3) Residues may be producing the atmosphere by releasing flammable vapor.

WAC 296-304-02003(2) Flammable atmospheres that are toxic. An atmosphere with a measurable concentration of a flammable substance below 10 percent of the LEL may be above the WISHA permissible exposure limit for that substance. In that case, refer to WAC 296-304-02003 (3)(b), (c), and (d).

WAC 296-304-02005 (2)(d), 296-304-02009(3), and 296-304-02009(5). The frequency with which a tank is monitored to determine if atmospheric conditions are being maintained is a function of several factors that are discussed below:

(1) Temperature. Higher temperatures will cause a combustible or flammable liquid to vaporize at a faster rate than lower temperatures. This is important since hotter days may cause tank residues to produce more vapors and that may result in the vapors exceeding 10 percent of the LEL or an overexposure to toxic contaminants.

(2) Work in the tank. Any activity in the tank could change the atmospheric conditions in that tank. Oxygen from a leaking oxyfuel hose or torch could result in an oxygen-enriched atmosphere that would more easily propagate a flame. Some welding operations use inert gas, and leaks can result in an oxygen-deficient atmosphere. Manual tank cleaning with high pressure spray devices can stir up residues and result in exposures to toxic contaminants. Simple cleaning or mucking out, where employees walk through and shovel residues and sludge, can create a change in atmospheric conditions.

(3) Period of time elapsed. If a period of time has elapsed since a marine chemist or Coast Guard authorized person has certified a tank as safe, the atmospheric condition should be rechecked by the competent person prior to entry and starting work.

(4) Unattended tanks or spaces. When a tank or space has been tested and declared safe, then subsequently left unattended for a period of time, it should be retested prior to entry and starting work. For example, when barges are left unattended at night, unidentified products from another barge are sometimes dumped into their empty tanks. Since this would result in a changed atmosphere, the tanks should be retested prior to entry and starting work.

(5) Work break. When workers take a break or leave at the end of the shift, equipment sometimes is inadvertently left in the tanks. At lunch or work breaks and at the end of the shift are the times when it is most likely someone will leave a burning or cutting torch in the tank, perhaps turned on and leaking oxygen or an inert gas. Since the former can produce an oxygen-enriched atmosphere, and the latter an oxygen-deficient atmosphere, tanks should be checked for equipment left behind, and atmosphere, monitored if necessary prior to re-entering and resuming work. In an oxygen-enriched atmosphere, the flammable range is severely broadened. This means that an oxygen-enriched atmosphere can promote very rapid burning.

(6) Ballasting or trimming. Changing the position of the ballast, or trimming or in any way moving the vessel so as to expose cargo that had been previously trapped, can produce a change in the atmosphere of the tank. The atmosphere should be retested after any such move and prior to entry or work.

WAC 296-304-02007 (1) and (2) hot work. This is a reminder that other sections of the WISHA shipyard safety and health standards in chapter 296-304 WAC should be reviewed prior to starting any hot work. Most notably, WAC 296-304-040 through 296-304-04013, welding, cutting and heating, places additional restrictions on hot work: The requirements of WAC 296-304-04001 and 296-304-04005 must be met before hot work is begun on any metal that is toxic or is covered by a preservative coating respectively; the requirements of WAC 296-304-04007 must be met before welding, cutting, or heating is begun on any structural voids.

WAC 296-304-02003 (1)(b). During hot work, more than 20.8 percent oxygen by volume can be unsafe since it extends the normal flammable range. The standard permits the oxygen level to reach 22.0 percent by volume in order to account for instrument error. However, the cause of excess oxygen should be investigated and the source removed.

WAC 296-304-02011(2). If the entire vessel has been found to be in the same condition, then employers shall be considered to be in compliance with this requirement when signs using appropriate warning language in accordance with WAC 296-304-02011(1) are posted at the gangway and at all other means of access to the vessel.

[Statutory Authority: RCW 49.17.010, .020, .040, .050, and .060. 07-17-034, (Order 07-12), § 296-304-02013, filed 08/07/07, effective 12/01/07.] [Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-02013, filed 1/18/95, effective 3/10/95.]

WAC 296-304-02015 Appendix C-Confined and enclosed spaces and other dangerous atmospheres in shipyard employment. 

This appendix provides a complete reprint of U.S. Coast Guard regulations as of October 1, 1993 referenced in WAC 296-304-020 for purposes of determining who is a Coast Guard authorized person.

(1) Title 46 CFR 35.01-1 (a) through (c) covering hot work on tank vessels reads as follows:

(a) The provisions of “Standard for the Control of Gas Hazards on Vessels to be Repaired,” NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this chapter.

(b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made:

(i) Within or on the boundaries of cargo tanks that have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or

(ii) Within or on the boundaries of fuel tanks; or

(iii) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.

(c) Such inspections shall be made and evidenced as follows:

(i) In ports or places in the United States or its territories and possessions, the inspection shall be made by a marine chemist certificated by the National Fire Protection Association; however, if the services of such certified marine chemists are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his/her contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection.

(ii) If the inspection indicates that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified marine chemist or the authorized person before the work is started.

(iii) Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified, throughout the operation and shall include such additional tests and certifications as considered required.

(iv) Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.

(2) Title 46 CFR 71.60(c)(1) covering hot work on passenger vessels reads as follows:

(a) The provisions of “Standard for the Control of Gas Hazards on Vessels to be Repaired,” NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this chapter.

(b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made:

(i) Within or on the boundaries of cargo tanks which have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or

(ii) Within or on the boundaries of fuel tanks; or

(iii) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.

(c) Such inspections shall be made and evidenced as follows:

(i) In ports or places in the United States or its territories and possessions the inspection shall be made by a marine chemist certificated by the National Fire Protection Association; however, if the services of such certified marine chemist are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his/her contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection.

(ii) If the inspection indicated that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified marine chemist or the authorized person before the work is started.

(iii) Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified throughout the operation and shall include such additional tests and certifications as considered required.

(iv) Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.

(3) Title 46 CFR 91.50-1(c)(1) covering hot work on cargo and miscellaneous vessels as follows:

(a) The provisions of “Standard for the Control of Gas Hazards on Vessels to be Repaired,” NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this chapter.

(b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made:

(i) Within or on the boundaries of cargo tanks which have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or,

(ii) Within or on the boundaries of fuel tanks; or,

(iii) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.

(c) Such inspections shall be made and evidenced as follows:

(i) In ports or places in the United States or its territories and possessions the inspection shall be made by a marine chemist certificated by the National Fire Protection Association; however, if the services of such certified marine chemist are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his/her contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection.

(ii) If the inspection indicated that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified marine chemist or the authorized person before the work is started.

(iii) Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified throughout the operation and shall include such additional tests and certifications as considered required.

(iv) Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.

[Statutory Authority: RCW 49.17.010, .020, .040, .050, and .060. 07-17-034, (Order 07-12), § 296-304-02015, filed 08/07/07, effective 12/01/07.] Statutory Authority: Chapter 49.17 RCW. 95-04-006, § 296-304-02015, filed 1/18/95, effective 3/10/95.]

WAC 296-304-030 Surface preparation and preservation-Scope and application. 

All sections of this chapter which include WAC 296-304-030 in the section number apply to surface preparation and preservation and WAC 296-304-03001 to 296-304-03009 applies only to shipbuilding and ship repairing.

[Order 74-25, § 296-304-030, filed 5/7/74.]

WAC 296-304-03001 Toxic cleaning solvents.

(1) When toxic solvents are used, the employer shall employ one or more of the following measures to safeguard the health of employees exposed to these solvents.

(a) The cleaning operation shall be completely enclosed to prevent the escape of vapor into the working space.

(b) Either natural ventilation or mechanical exhaust ventilation shall be used to remove the vapor at the source and to dilute the concentration of vapors in the working space to a concentration which is safe for the entire work period.

(c) The employer must ensure that employees are protected against:

  • Toxic vapors by suitable respiratory protective equipment that meets the requirements of chapter 296-842 WAC; and

  • Exposure of skin and eyes to contact with toxic solvents and their vapors by suitable clothing and equipment.

(2) The principles in the threshold limit values to which attention is directed in WAC 296-304-02005 and applicable sections in chapters 296-62 and 296-841 WAC will be used by the department of labor and industries in enforcement proceedings in defining a safe concentration of air contaminants.

(3) When flammable solvents are used, precautions shall be taken in accordance with the requirements of WAC 296-304-03009.

[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-03-093 (Order 04-41), § 296-304-03001, filed 01/18/05, effective 03/01/05. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.060; 98-02-006 (Order 96-18), § 296-304-03001, filed 12/26/97, effective 3/1/98; Statutory Authority: Chapter 49.17 RCW.; 95-04-006, § 296-304-03001, filed 1/18/95, effective 3/10/95; 93-19-142 (Order 93-04), § 296-304-03001, filed 9/22/93, effective 11/1/93; Order 76-7, § 296-304-03001, filed 3/1/76; Order 74-25, § 296-304-03001, filed 5/7/74.]

WAC 296-304-03003 Chemical paint and preservative removers.

(1) The employer must ensure that employees are protected against:

  • Skin contact during the handling and application of chemical paint and preservative removers; and

  • Eye injury by goggles or face shields that meet the requirements of WAC 296-304-09005 (1) and (2).

(2) When using flammable paint and preservative removers precautions shall be taken in accordance with the requirements of WAC 296-304-03009.

(3) When using chemical paint and preservative removers which contain volatile and toxic solvents, such as benzol, acetone and amyl acetate, the provisions of WAC 296-304-03001 shall be applicable.

(4) The employer must ensure that employees using paint and rust removers containing strong acids or alkalies are protected by suitable face shields to prevent chemical burns on the face and neck according to the requirements of WAC 296-304-09005 (1) and (2).

(5) The employer must ensure that all employees working within range of a steam gun blast are protected by suitable face shields according to the requirements of WAC 296-304-09005 (1) and (2). Metal parts of the steam gun itself must be insulated to protect the operator against heat burns.

[Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.060; 98-02-006 (Order 96-18), § 296-304-03003, filed 12/26/97, effective 3/1/98; Statutory Authority: Order 74-25, § 296-304-03003, filed 5/7/74.]

WAC 296-304-03005 Mechanical paint removers.

(1) Power tools.

(a) The employer must ensure that employees engaged in the removal of paints, preservatives, rusts or other coatings by means of power tools are protected against eye injury by goggles or face shields that meets the requirements of WAC 296-304-09005 (1) and (2).

(b) All portable rotating tools used for the removal of paints, preservatives, rusts or other coatings shall be adequately guarded to protect both the operator and nearby workers from flying missiles.

(c) Portable electric tools shall be grounded in accordance with the requirements of WAC 296-304-08003 (1) and (2).

(d) In a confined space, the employer must provide mechanical exhaust ventilation sufficient to keep the dust concentration to a minimum, or must protect employees by respiratory protective equipment that meets the requirements of chapter 296-842 WAC.

(2) Flame removal.

(a) The employer must ensure that when hardened preservative coatings are removed by flame in enclosed spaces, the employees exposed to fumes are protected by air line respirators that meet the requirements of chapter 296-842 WAC. Employees performing this operation in the open air, and those exposed to the resulting fumes, must be protected by a fume filter respirator that meets the requirements of chapter 296-842 WAC.

(b) Flame or heat shall not be used to remove soft and greasy preservative coatings.

(3) Abrasive blasting.

(a) Equipment. Hoses and fittings used for abrasive blasting shall meet the following requirements:

(i) Hoses. Hose of a type to prevent shocks from static electricity shall be used.

(ii) Hose couplings. House lengths shall be joined by metal couplings secured to the outside of the hose to avoid erosion and weakening of the couplings.

(iii) Nozzles. Nozzles shall be attached to the hose by fittings that will prevent the nozzle from unintentionally becoming disengaged. Nozzle attachments shall be of metal and shall fit onto the hose externally.

(iv) Dead man control. A dead man control device shall be provided at the nozzle end of the blasting hose either to provide direct cutoff or to signal the pot tender by means of a visual and audible signal to cut off the flow, in the event the blaster loses control of the hose. The pot tender shall be available at all times to respond immediately to the signal.

(b) Replacement. Hoses and all fittings used for abrasive blasting shall be inspected frequently to insure timely replacement before an unsafe amount of wear has occurred.

(c) Personal protective equipment.

(i) The employer must ensure that abrasive blasters working in enclosed spaces are protected by abrasive blasting respirators that meet the requirements of chapter 296-818 WAC, Abrasive blasting and chapter 296-842 WAC.

(ii) The employer must ensure that abrasive blasters working in the open are protected as required in subsection (1) of this section.

Exception: When synthetic abrasives containing less than one percent free silica are used, the employer may substitute particulate or dust filter respirators that are approved by the National Institute of Safety and Health (NIOSH) and used according to 296-842 WAC.

(iii) The employer must ensure that employees, including machine tenders and abrasive recovery workers, working in areas where unsafe concentrations of abrasive materials and dusts are present are protected by eye and respiratory protective equipment that meets the requirements of WAC 296-304-09005 (1) and (2) and chapter 296-842 WAC.

Exception: This requirement does not apply to blasters.

(iv) The employer must ensure that a blaster is protected against injury from exposure to the blast by appropriate protective clothing, including gloves that meet the requirements of WAC 296-304-09015(1).

(v) A surge from a drop in pressure in the hose line can throw a blaster off the staging. To protect against this hazard, the employer must ensure that a blaster is protected by a personal fall arrest system, that meets the requirements of WAC 296-304-09021. The personal fall arrest system must be tied off to the ship or other structure during blasting from elevations where adequate fall protection cannot be provided by railings.

[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-12-074 (Order 06-05), § 296-304-03005, filed 06/06/06, effective 09/01/06. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-03-093 (Order 04-41), § 296-304-03005, filed 01/18/05, effective 03/01/05. Statutory Authority: Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.060; 98-02-006 (Order 96-18), § 296-304-03005, filed 12/26/97, effective 3/1/98; Statutory Authority: Chapter 49.17 RCW 95-04-006, § 296-304-03005, filed 1/18/95, effective 3/10/95; 93-19-142 (Order 93-04), § 296-304-03005, filed 9/22/93, effective 11/1/93; Order 76-7, § 296-304-03005, filed 3/1/76; Order 74-25, § 296-304-03005, filed 5/7/74.]

WAC 296-304 Continued


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