[Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
[Notices]
[Pages 42142-42144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20550]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Washington State Standards; Notice of Approval

1. Background

    Part 1953 of Title 29, Code of Federal Regulations, prescribes 
procedures under Section 18 of the Occupational Safety and Health Act 
of 1970 (hereinafter called the Act) by which the Regional 
Administrator for Occupational Safety and Health (hereinafter called 
Regional Administrator) under a delegation of authority from the 
Assistant Secretary of Labor for Occupational Safety and Health 
(hereinafter called the Assistant Secretary) (29 CFR 1953.4) will 
review and approve standards promulgated pursuant to a State plan which 
has been approved in accordance with Section 18(c) of the Act and 29 
CFR part 1902. On January 26, 1973, notice was published in the Federal 
Register (38 FR 2421) of the approval of the Washington plan and the 
adoption of Subpart F to Part 1952 containing the decision.
    The Washington plan provides for the adoption of State standards 
that are at least as effective as comparable Federal standards 
promulgated under Section 6 of the Act. Section 1953.20 provides that 
where any alteration in the Federal program could have an adverse 
impact on at least as effective as status of the State program, a 
program change supplement to a State plan shall be required.
    On its own initiative, the State submitted by letter dated April 2, 
1993, from Mark O. Brown, Director, to James W. Lake, Regional 
Administrator, and incorporated as part of the plan, amendment of the 
State Agriculture Standard 296-306-WAC comparable to the Federal 
Standard 29 CFR 1928. The State-initiated amendment incorporates new 
sections to the State Agriculture standard including: WAC 296-306-061, 
machinery and machine guarding, and WAC 296-306-330, decontamination. 
(Several new pesticides sections were

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also added, but these are outside the scope of the State plan.) In 
addition, the amendment contains several regulatory and administrative 
changes to the State Agriculture standard. The State adopted the 
amendment by Administrative Order (AO) 92-24 on March 4, 1993, 
effective June 1, 1993. Regional Office review revealed discrepancies 
and the submission was returned to the State for correction. In a 
letter dated July 24, 1995, from Mark O. Brown, Director, to Richard S. 
Terrill, Acting Regional Administrator, the State re-submitted its 
entire Agriculture Standard 296-306-WAC after making corrections. The 
State-initiated amendment also included minor changes to supplementary 
requirements for materials handling and storage, guarding of power 
tools, hazardous materials, aerial manlift equipment and the 
application of WAC 296-24-233, motor vehicle trucks and trailers in the 
State Agriculture rules. The State adopted the amendment by AO 94-21 on 
May 1, 1995 with an effective date of January 16, 1996. In a letter of 
November 9, 1994, from Mark O. Brown, Director, to James W. Lake, 
Regional Administrator, the State submitted State-initiated amendments 
to the State Agriculture Standard incorporating new and amended 
sections addressing machine guarding and electrical requirements. The 
amendments were adopted by AO 94-01 on September 1, 1994, effective 
September 1, 1994.
    On its own initiative, the State submitted by letters dated 
February 23, 1988 and December 7, 1990, from Joseph A. Dear, Director, 
to James W. Lake, Regional Administrator, and April 2, 1993 and April 
8, 1994, from Mark O. Brown, Director, to James W. Lake, Regional 
Administrator, amendments to the State Agriculture standards concerning 
supplementary requirements for Rollover Protective Structures (ROPS) 
for materials handling equipment, WAC 296-306-260, which incorporates 
WAC 296-306-27095 Exhibit B, Figure C-17 through C-34. These amendments 
were adopted by the State in AO 87-24 on November 30, 1987, effective 
December 30, 1987; in AO 91-01 on May 20, 1991 effective June 20, 1991; 
in AO 92-24 on March 4, 1993 effective June 1, 1993; and in AO 93-17 on 
March 2, 1994, effective April 15, 1994. The State Agriculture 
standards supplementary requirements for ROPS for materials handling 
equipment parallel OSHA's ROPS requirements in 29 CFR Part 1926, Safety 
and Health Regulations for Construction.
    On its own initiative, the State submitted by letter dated April 8, 
1994 from Mark O. Brown, Director, to James W. Lake, Regional 
Administrator, amendment to the State Agriculture standard 296-306-WAC. 
The State-initiated amendment removes an exemption for the Agriculture 
industry from the following State standards and makes these sections 
applicable in Agriculture: WAC 296-24-11001, control of hazardous 
energy (Lockout/Tagout; WAC 296-24-12001, sanitation; WAC 296-24-14011, 
accident prevention tags; WAC 296-24-33003, flammable and combustible 
liquids; WAC 296-24-58503, fire protection; and WAC 296-24-73501, 
walking-working surfaces. In addition, the State-initiated amendment 
contains several regulatory and administrative changes to the State 
Agriculture standards. The State adopted the amendment by AO 93-17 on 
March 2, 1994, effective March 1, 1995.
    On its own initiative, the State submitted by letter dated November 
20, 1995 from Mark O. Brown, Director, to Richard S. Terrill, Acting 
Regional Administrator, an amendment to the State Agriculture standard 
296-306-WAC. The State-initiated amendment removes the March 1, 1995 
application date and reinstates the exemption for the State's 
Agriculture standard from WAC 296-24-33003, flammable and combustible 
liquids; WAC 296-24-58503, fire protection; and WAC 296-24-73501, 
walking-working surfaces. The State-initiated amendment also removes 
the March 1, 1995 application date from WAC 296-24-14011, accident 
prevention tags. In addition, the amendment removes the March 1, 1995 
effective date from WAC 296-24-12001, sanitation, and includes an 
agriculture exemption for the shower requirements of WAC 296-24-
12009(3). The State adopted the amendment by AO 94-19 on October 20, 
1995, effective January 16, 1996.
    All of the administrative orders were adopted pursuant to RCW 
34.04.040(2), 49.17.040, 49.17.050, Public Meetings Act RCW 42.30, 
Administrative Procedures Act RCW 34.04, and the State Register Act RCW 
34.08. All these amendments have been incorporated as part of the State 
plan. The original State standard, Safety Standards for Agriculture, 
received approval on Tuesday, August 9, 1977 (42 FR 40278).

2. Decision

    OSHA has determined that the State standard amendments for 
Agriculture are at-least-as-effective-as the comparable Federal 
standard, as required by Section 18(c)(2) of the Act. For the 
Agriculture amendments adopted by Administrative Orders 94-19 and 94-
21, OSHA has also determined that the differences between the State and 
Federal standards are minimal and that the standards are thus 
substantially identical. The other Agriculture amendments have been in 
effect since at least March 1, 1995. During this time OSHA has received 
no indication of significant objection to the State's different 
standard either as to its effectiveness in comparison to the Federal 
standard or as to its conformance with the product clause requirements 
of section 18(c)(2) of the Act. (A different State standard applicable 
to a product which is distributed or used in interstate commerce must 
be required by compelling local conditions and not unduly burden 
interstate commerce.) OSHA therefore approves these standards; however, 
the right to reconsider this approval is reserved should substantial 
objections be submitted to the Assistant Secretary.

3. Location of Supplement for Inspection and Copying

    A copy of the standards supplement, along with the approved plan, 
may be inspected and copied during normal business hours at the 
following locations: Office of the Regional Administrator, Occupational 
Safety and Health Administration, 1111 Third Avenue, Suite 715, 
Seattle, Washington 98101-3212; State of Washington Department of Labor 
and Industries, Division of Industrial Safety and Health, 7273 
Linderson Way, S.W., Tumwater, Washington 98501; and the Office of 
State Programs, Occupational Safety and Health Administration, Room N-
3476, 200 Constitution Avenue, NW, Washington, D.C. 20210. For 
electronic copies of this Federal Register notice, contact OSHA's 
WebPage at http://www.osha.gov/.

4. Public Participation

    Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe 
alternative procedures to expedite the review process or for other good 
cause which may be consistent with applicable laws. The Assistant 
Secretary finds that good cause exists for not publishing the 
supplement to the Washington State Plan as a proposed change and making 
the Regional Administrator's approval effective upon publication for 
the following reasons:
    1. The standard amendments are at-least-as-effective-as the Federal 
standard which was promulgated in accordance with the Federal law 
including meeting requirements for public participation.
    2. The standard amendments were adopted in accordance with the

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procedural requirements of State law and further public participation 
would be repetitious.
    This decision is effective August 5, 1997. (Sec. 18, Pub. L. 91-
596, 84 STAT. 6108 [29 U.S.C. 667]).

    Signed at Seattle, Washington, this 15th day of May, 1997.
Richard S. Terrill,
Acting Regional Administrator.
[FR Doc. 97-20550 Filed 8-4-97; 8:45 am]
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