Washington State Legislative Alert

Roofing Contractors Association of Washington Legislative Alert.

Roofers will be affected by the Washington State Department of Labor and Industries (L&I) is seeking comments on its  proposed revised draft of a proposed Unified Fall Protection rule.

On February 19, 2019 a CR-101 (preproposal) was filed, letting the public know we were conducting stakeholder meetings regarding the fall protection requirements in the construction industry that are included in Chapter 296-155 WAC, Safety Standards for Construction Work as well as several other chapters referencing fall protection requirements. This proposed rulemaking will consider changes to the rules to make them at least as effective as the Federal Occupational Safety and Health Administration (OSHA), as required by the Washington State Plan.

This proposes rulemaking incorporates fall protection requirements from multiple DOSH standards into one chapter applicable to all industries. During public meetings held in the fall of 2016 and 2018, stakeholders supported the creation of a unified fall protection rule and believe it will be easier to implement and help protect workers from fall hazards.

Upcoming Stakeholder Meetings:

May 2, 2019 - Thursday  - Time: 1:00 – 2:30; 12:30 pm sign-in

Location: Labor and Industries, Tukwila, 12806 Gateway Drive S,  Tukwila, WA 98168

May 22, 2019 - Wednesday - Time: 9:00 – 10:30; 8:30 am sign-in

Location: Labor and Industries, Vancouver,  312 SE Stonemill Drive, Suite 120, Vancouver, WA 98684

May 23, 2019 - Thursday  - Time: 1:00 – 2:30; 12:30 pm sign-in

Location: Labor and Industries, Kennewick,  4310 W 24th Avenue, Kennewick, WA 99338

 May 29, 2019 - Wednesday  - Time: 1:00 – 2:30; 12:30 pm sign-in

Location: Enduris Training Center, 1610 S Technology Blvd #100, Spokane, WA 99224

Background

On June 2013 and October 2015 DOSH received notification from OSHA relating to the Department’s fall protection standards, Chapter 296-155 WAC, Part C-1.  The focus of OSHA’s position is residential construction which has both high fatality and hospitalization rates due to falls from elevation.  OSHA is concerned that our fall protection residential construction standards differ significantly from their policies and standards.  Their policy issues focus in the following areas:  Ambiguous language with regards to skylights and wall openings, the use and strength of warning lines, alternatives to conventional fall protection – catch platforms and safety watch systems and trigger height.  Washington State’s safety rules must be consistent with or more effective than OSHA’s regulations.

A series of stakeholder meetings were held around the state in Tukwila, Bellingham, Wenatchee, Vancouver, Yakima and Spokane in the fall of 2016 extending through the summer of 2017. Through these public forums we found widespread support from stakeholders who said a single, unified fall protection standard that applied to all industries statewide would be easier to implement and help protect workers from fall hazards.

Public comments from these previous stakeholder meetings were reviewed and a revised discussion draft of the proposed rule was created. Beginning in August 2018, the department held another set of stakeholder meetings across the state in Wenatchee, Kennewick, Yakima, Bellingham, Seattle, Spokane and Vancouver. We have found through discussions in our stakeholder meetings for the Unified Fall Protection that there remains to be support for a unified fall protection standard.

NOTE: While rulemaking on Unified Fall Protection and Walking Working Surfaces are separate filings, they primarily effect the same industries. We will continue to combine the stakeholder meetings in order to accommodate the public and encourage input.

Please contact Carmyn Shute with any rulemaking or meeting questions:  Carmyn.Shute@lni.wa.gov or 360-902-6081

Please contact Erich Smith with any technical questions about the Unified Fall Protection rule:  Erich.Smith@lni.wa.gov or 206-515-2786

Updates regarding the rulemaking process will be posted on the Labor and Industries external website. To sign up to receive updates on this project; or, other areas, update your subscriptions, modify your password or email address, or to stop subscriptions at any time on your Subscriber Preferences Page. You will need to use your email address to log in. If you have questions or problems with the subscription service, please visit our Subscriber Help Center.

This service is provided to you at no charge by the Washington State Department of Labor & Industries.

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