[Federal Register Volume 62, Number 246 (Tuesday, December 23, 1997)]
[Notices]
[Pages 67096-67098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33388]


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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 the at least as effective as status of the State program, a 
program change supplement to a State plan shall be required.
    In response to Federal standard changes, the State has submitted by 
letter dated November 6, 1986, from Richard A. Davis, Director, to 
James W. Lake, Regional Administrator, a State standard at WAC 296-56 
comparable to the Federal Marine Terminal standard 29 CFR 1917, as 
published in the Federal Register (48 FR 30886) on July 5, 1983. The 
State's submission was adopted on December 11, 1984, effective January 
10, 1985, under Washington Administrative Order 84-24. National Office 
review revealed discrepancies and the submission was returned to the 
State for correction. On November 23, 1992, the State resubmitted its 
Marine Terminal standard, consolidating all action taken on the 
standard to date and including the changes necessary to correct the 
discrepancies previously identified. The State's consolidated standard 
was adopted on October 30, 1992, effective December 8, 1992, under 
Washington Administrative Order 92-06. Significant differences are: The 
scope of the standard is expanded to include all waterfront operations; 
the definition of confined spaces is broader; the railroad facilities 
standard, WAC 296-56-60019, only applies to standard gauge railroad 
operations since there are no other gauge railroads in the State and 
the State referenced its multipiece and single piece rim standards 
which are as effective as OSHA's. The State also included the following 
standards and additions not contained in the federal standard: 
requirements for an accident prevention program; additional slinging 
requirements; additional line handling requirements; additional 
railroad operation requirements; additional log

[[Page 67097]]

handling requirements; inclusion of explosive requirements; specific 
first aid and first aid kit requirements; additional machinery operator 
requirements; additional auxiliary gear requirements; additional cargo 
handling gear tables; cargo board and other type pallet board 
requirements; additional industrial truck requirements; safety latches 
for hooks requirements; crane control requirements; additional crane 
requirements; additional requirements for communication for the crane 
operator; additional chute and conveyor requirements; additional 
material handling equipment certification requirements; additional 
requirements while working near water; additional terminal facility 
maintenance requirements; fall protection requirements; requirements 
for docks and dock facilities; requirements for access to vessels; 
requirements for electric and hand powered manlifts; Jacob's ladder 
requirements; additional employee exit requirements; additional 
illumination requirements; requirements for petroleum docks, boat 
marinas and canneries and cold storage docks and standard signals for 
longshore crane signals.
    In response to Federal standard changes, the State has submitted by 
letter dated February 17, 1995, from Mark O. Brown, Director, to 
Richard Terrill, Acting Regional Administrator, a State standard 
comparable to the Federal standard, 1915.7, 1915.11, 1915.12, 1915.13, 
1915.14, 1915.15, 1915.16 and Appendix A & B, Confined and Enclosed 
Spaces and Other Dangerous Atmospheres in Shipyard Employment, 
published in the Federal Register (59 FR 37815) on July 25, 1994. The 
State standard was adopted on January 18, 1995, effective March 10, 
1995, under Administrative Order 94-22. In a letter dated November 17, 
1995, from Mark O. Brown, Director, to Richard Terrill, Acting Regional 
Administrator, and incorporated as part of the plan, the state 
submitted an amendment identical to 1915.12, 1915.14 and 1915.15 
corrections to the Confined and Enclosed Spaces and Other Dangerous 
Atmospheres in Shipyard Employment, published in the Federal Register 
(60 FR 14218) on March 16, 1995. In the same letter, the State 
transmitted a State initiated change to its standard WAC 296-304-010, 
which is the scope and application section of the Confined and Enclosed 
Spaces and Other Dangerous Atmospheres in Shipyard Employment, to make 
it identical to the federal standard. The State standard amendments 
were adopted on October 20, 1995, effective January 16, 1996, under 
Administrative Order 94-19.
    On its own initiative, the State of Washington has submitted by 
letter dated August 19, 1994, from Mark O. Brown, Director, to James W. 
Lake, Regional Administrator, amendments to WAC 296-32, 
Telecommunications. The changes consist of correcting a reference to a 
section or parts, alternatives to sign wording, elimination of male 
gender terms, repealing the term ``Division of Industrial Safety and 
Health'', and renumbering or lettering of paragraphs to comply with the 
state code reviser's requirements. The State's submission was adopted 
on July 20, 1994, with an effective date of September 20, 1994, under 
Washington Administrative Order 94-07. The original State standard 
received approval on May 4, 1976 (41 FR 18484).
    On its own initiative, the State of Washington has submitted by 
letter dated November 17, 1995, from Mark O. Brown, Director, to 
Richard S. Terrill, Acting Regional Administrator, a state standard 
change to WAC 296-24-13501(2), Color Identification, to be identical to 
29 CFR 1910.144(a)(3). The State's submission was adopted on October 
20, 1995, with an effective date of January 16, 1996, under Washington 
Administrative Order 94-16. The original state standard received 
approval on January 30, 1976 (41 FR 4689) and the revocation of 29 CFR 
1910.144(b), received approval on May 21, 1991 (56 FR 23305).
    On its own initiative, the State of Washington has submitted by 
letter dated October 6, 1995, from Mark O. Brown, Director, to Richard 
S. Terrill, Acting Regional Administrator, an addition of state 
standard WAC 296-24-19514, Reporting of Injuries to Employees Operating 
Machanical Power Presses, to be identical to 29 CFR 1910.217(g). This 
state standard was inadvertently repealed by Administrative Order 88-11 
on July 6, 1988. The State's submission was adopted on August 9, 1995, 
effective September 25, 1995, under Washington Administrative Order 95-
04. The original state standard received approval on May 4, 1976 (41 FR 
18484).
    On its own initiative, the State of Washington has submitted by 
letter dated February 12, 1991, from Joseph A. Dear, Director, to James 
W. Lake, Regional Administrator, an addition of State standard WAC 
296.24-76555, Alternating Tread-type Stairs. This amendment 
incorporated guidelines from WISHA Regional Directive 85-3 for the 
evaluation and inspection of alternating tread-type fixed industrial 
stairs, and was adopted in response to OSHA Instruction STD 1-1.11. 
(The Federal standard does not include alternating tread-type stairs.) 
The State's submission was adopted January 10, 1991, effective February 
12, 1991, under Washington Administrative Order 90-18. In a letter 
dated September 8, 1992, from Joseph A. Dear, Director to James W. 
Lake, Regional Administrator, minor changes to the standard were made. 
The State's submission was adopted on August 10, 1992, effective 
September 10, 1992, under Washington Administrative Order 92-06.
    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. The changes were incorporated as part of the State plan.

2. Decision

    OSHA has determined that the State standards for Marine Terminals, 
Confined Spaces for Shipyards, and Alternating Tread-type Stairs are at 
least as effective as the comparable Federal standards, as required by 
Section 18(c)(2) of the Act. The State's Marine Terminals standard, as 
amended, has been in effect since January 10, 1985 and December 8, 
1992; the Confined Spaces for Shipyards standard has been in effect 
since March 10, 1995; and the Alternating Tread-type Stair standard has 
been in effect since February 12, 1991. During this time OSHA has 
received no indication of significant objection to these different 
State standards either as to their effectiveness in comparison to the 
Federal standards or as to their conformance with 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.
    OSHA has also determined that the differences between the State and 
Federal amendments for Telecommunications are minimal and thus are 
substantially identical. OSHA therefore approves this amendment; 
however, the right to reconsider this approval is reserved should 
substantial objections be submitted to the Assistant Secretary. OSHA 
has further determined that the State's amendments for Confined Spaces 
in Shipyards, Mechanical Power Presses, and Color

[[Page 67098]]

Identification are identical to the comparable Federal amendments, and 
therefore approves the amendments.

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, WISHA Services Division, 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 <a href="http://
www.osha.gov/">http://
www.osha.gov/</a>.

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 reason: The standards and amendments were adopted in 
accordance with the procedural requirements of State law and further 
public participation would be repetitious.
    This decision is effective December 23, 1997.
(Sec. 18, Pub. L. 91-596, 84 STAT. 6108 [29 U.S.C. 667])

    Signed at Seattle, Washington, this 27th day of October 1997.
Richard S. Terrill,
Acting Regional Administrator.
[FR Doc. 97-33388 Filed 12-22-97; 8:45 am]
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