Chapter 296-307 Safety standards for agriculture.

[Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.280 and chapter 49.17 RCW. WSR 19-21-169, § 296-307-112, filed 10/22/19, effective 2/3/20.]

(1) General requirement. Before any handler performs any handler activity involving a pesticide product, the handler employer must ensure that the handler has been trained in accordance with this section within the last 12 months, except as provided in subsection (2) of this sect…

(1) Knowledge of labeling and application-specific information.(a) The handler employer must ensure that before any handler performs any handler activity involving a pesticide product, the handler either has read the portions of the labeling applicable to the safe use of the pest…

(1) Prohibition from contacting workers and other persons with pesticides during application. The handler employer and the handler must ensure that no pesticide is applied so as to contact, directly or through drift, any worker or other person, other than an appropriately trained…

(1) Handler responsibilities. Any person who performs handler activities involving a pesticide product must use the clothing and personal protective equipment specified on the pesticide product labeling for use of the product, except as provided in WAC 296-307-11420.(2) Employer …

(1) Requirement. The handler employer must provide decontamination and eye flushing supplies in accordance with this section for any handler that is performing any handler activity or removing personal protective equipment at the place for changing required in WAC 296-307-11220 (…

[Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.280 and chapter 49.17 RCW. WSR 19-21-169, § 296-307-114, filed 10/22/19, effective 2/3/20.]

(1) Exemption for owners of agricultural establishments and their immediate families.(a) On any agricultural establishment where a majority of the establishment is owned by one or more members of the same immediate family, the owner(s) of the establishment and, where specified in…

An agricultural employer may direct workers to enter treated areas where a restricted-entry interval is in effect to perform certain activities as provided in this section, provided that the agricultural employer ensures all of the applicable conditions of this section and WAC 29…

If an agricultural employer directs a worker to perform activities in a treated area where a restricted-entry interval is in effect, all of the following requirements must be met:(1) The agricultural employer must ensure that the worker is at least 18 years old.(2) Prior to early…

(1) Body protection.(a) A chemical-resistant suit may be substituted for coveralls. If a chemical-resistant suit is substituted for coveralls, any labeling requirement for an additional layer of clothing beneath the coveralls is waived.(b) A chemical-resistant suit may be substit…

[WSR 97-09-013, recodified as § 296-307-145, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. WSR 96-22-048, § 296-306A-145, filed 10/31/96, effective 12/1/96.]

(1) If the employer applies pesticides, or has pesticides applied, related to the production of an agricultural crop, the employer must keep records for each application. The records must include the following:(a) The address or exact location where the pesticide was applied or s…

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 04-13-129, § 296-307-14510, filed 6/22/04, effective 8/1/04. WSR 97-09-013, recodified as § 296-307-14510, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060…

Employer responsibility:To implement a monitoring program for employees who, as part of their job duties, handle category I or II organophosphate or N-methyl-carbamate pesticides with the words "DANGER" or "WARNING" on the label.Definition:Handle and handler. Employees who are en…

(1) The employer must maintain accurate records of all time that each employee spends handling category I or II organophosphate or N-methyl-carbamate pesticides (this includes employees who do not meet the handling hour thresholds in WAC 296-307-14810).(2) The employer must provi…

The employer must implement a medical monitoring program for their employees who handle or will be expected to handle category I or II organophosphate or N-methyl-carbamate pesticides for thirty or more hours in any consecutive thirty-day period.Notes:1. The employer does not nee…

(1) The employer must identify a physician or other licensed health care professional (LHCP) who will:(a) Provide baseline and periodic cholinesterase testing through the department of health public health laboratory or a laboratory approved by the department of labor and industr…

(1) The employer must make medical monitoring available to employees who will meet the handling hour threshold of 30 or more hours in any consecutive 30-day period (WAC 296-307-14810) at no cost and at a reasonable time and place, as follows:(a) Provide annual baseline red blood …

The employer must respond to an employee's depressed cholinesterase levels by:(1) Taking the actions required in Table 1;AND(2) Following any additional occupational health recommendations from the LHCP.Table 1Required Responses to an Employee'sDepressed Cholinesterase LevelsWhen…

(1) The employer must provide medical removal protection benefits for a maximum of three months on each occasion:(a) An employee is temporarily removed from work due to depressed cholinesterase levels;OR(b) Assigned to other duties due to depressed cholinesterase levels.(2) The e…

(1) The employer must make sure that the following records are maintained:(a) The name, address, and telephone number of the physician or LHCP.(b) Written recommendations and opinions received from the physician or LHCP.(c) Findings of all work practice investigations.(d) Dates w…

The employer must make sure employees have received training before initial medical monitoring. The training must include at least the following: (1) The human health hazards and physical symptoms of overexposure to organophosphate and N-methyl-carbamate cholinesterase-inhibiting…

The department will implement and complete an evaluation of this rule by doing the following:(1) Organize a scientific team to oversee collection and analysis of data collected during 2004 and 2005. L&I will select representatives of the University of Washington, Washington State…

[WSR 97-09-013, recodified as § 296-307-150, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. WSR 96-22-048, § 296-306A-150, filed 10/31/96, effective 12/1/96.]

WAC 296-307-150 does not apply to the construction, reconstruction, operation, or maintenance of overhead electrical conductors (and their supporting structures and associated equipment) by authorized and qualified electrical employees. It also does not apply to authorized and qu…

(1) All exposed overhead conductors must be isolated from accidental contact by employees or equipment.(2) Irrigation pipe must not be stored within one hundred feet of overhead conductors.(3) Upending irrigation pipe within one hundred feet of overhead conductors is prohibited.(…

The employer must post and maintain in plain view of the operator on each derrick, power-shovel, drilling-rig, hay loader, hay stacker, or similar apparatus with parts that are capable of vertical, lateral or swinging motion, a durable warning sign legible at twelve feet that say…

The employer must notify the operator of high-voltage lines when any operations are to be performed, tools or materials handled, or equipment is to be moved or operated within ten feet of any high-voltage line. All required safety measures must be completed before proceeding with…

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 15-13-092, § 296-307-161, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050 and 1999 c 374. WSR 00-06-081, § 296-307-161, filed 3/1/00, effective 3/1/00.…

(1) Purpose. This part is adopted by the Washington state department of labor and industries to implement the provisions of chapter 49.17 RCW and establish minimum health and safety requirements for temporary worker housing and cherry harvest camps.(2) Applicability. This part ap…

The following definitions apply throughout this chapter unless the context clearly indicates otherwise:(1) Agricultural employee. Any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activi…

(1) The department of health or the department of labor and industries may provide technical assistance to assist in compliance with this chapter if requested by an operator.(2) The department of labor and industries will only provide technical assistance to cherry harvest camps …

(1) Operator-supplied dwelling unit capacity will be based on:(a) The square footage of the floor space in habitable rooms provided for sleeping purposes as described in WAC 296-307-16145(13) and Table 1 of this section; and(b) The number of bathing, food handling, handwashing, l…

(1) Conditions may exist in operations that a state standard will not have practical use. The director of the department of labor and industries may issue a variance from the requirements of the standard when another means of providing equal protection is provided. The substitute…

(1) The operator must locate and operate a TWH site to prevent a health or safety hazard that is:(a) Adequately drained and any drainage from and through the TWH must not endanger any domestic or public water supply;(b) Free from periodic flooding and depressions in which water m…

(1) An operator shall develop and implement a written TWH management plan that must include:(a) A safety plan that includes:(i) Emergency information, including site name and address, emergency contact phone numbers, location of local emergency services, and the department of hea…

(1) The operator must provide a safe and reliable supply of drinking water from an approved Group A or Group B public water system meeting the requirements of:(a) WAC 246-358-025 (2)(d), chapters 246-290 and 246-291 WAC; or(b) Local board of health rules.(2) The operator must ens…

(1) The operator must provide sewage disposal systems in accordance with local health jurisdictions.(2) The operator must connect all drain, waste, and vent systems from buildings to:(a) Public sewers, if available; or(b) Approved on-site sewage disposal systems that are designed…

(1) The operator must ensure that electricity is supplied to all dwelling units, family shelters, and common facilities, except chemical toilets;(2) The operator must ensure that all electrical wiring, fixtures, and electrical equipment must:(a) Comply with the electric standards…

(1) An operator must construct, if provided TWH dwelling units, including common facilities, which must meet the following requirements:(a) Protect against the elements;(b) The State Building Code, chapter 19.27 RCW, or TWH construction standard, chapter 246-359 WAC; and(c) State…

(1) If the TWH facility or building has a mechanical ventilation system, the operator shall maintain it according to the manufacturer's specifications and operate the system to provide fresh and filtered air. The operator shall have building maintenance staff or mechanical ventil…

(1) Each tent must be constructed to sleep no more than 15 workers.(2) Tents must provide protection from the elements, insects, and animals.(3) Structural stability and floors.(a) Tents and their supporting framework must be adequately braced and anchored to prevent weather rela…

(1) An operator must provide and maintain working carbon monoxide alarms that are:(a) Located in each dwelling unit with a sleeping area; and(b) Installed in accordance with the manufacturer's recommendations in compliance with the building code, WAC 51-51-0315.(2) An operator mu…

(1) An operator must provide laundry facilities that include:(a) One laundry tray or tub or one mechanical washing machine for every thirty occupants;(b) Adequate facilities for drying clothes; and(c) Sloped, coved floors of nonslip impervious materials with screened floor drains…

(1) An operator must provide handwashing and bathing facilities adequate for the maximum capacity of the TWH according to Table 1 of WAC 296-307-16115.(2) An operator must meet the following general requirements for all handwashing and bathing facilities:(a) Provide cleanable, no…

(1) The operator must provide toilet facilities adequate for the maximum capacity of the TWH according to Table 1 of WAC 296-307-16115.(2) The operator must not provide or allow the use of pit privies.(3) The operator must fill abandoned pit privies with earth.(4) The operator mu…

(1) The operator must provide sanitary facilities for storing and preparing food;(2) The operator must provide all food-handling facilities with:(a) Covered and enclosed or screened cooking and food-handling facilities for all occupants;(b) Covered and enclosed or screened eating…

(1) The operator must provide beds, cots, or bunks in good condition for the maximum occupancy approved by the department of health for operator-supplied housing;(2) The operator must allow the use of cots in tents for cherry harvest camps only. Cots must be sturdy and stable and…

(1) The operator must comply with chapters 15.58 and 17.21 RCW and chapters 16-228 and 296-307 WAC, Parts I and J, and pesticide label instructions when using pesticides in and around the TWH;(2) The operator must prohibit, in the TWH area, the use, storage, or mixing of flammabl…