815 sections in this chapter.
R.296-307-296-307-09509 Required field sanitation training.
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The employer must provide each employee with verbal orientation on field sanitation facilities. The orientation must be understandable to each employee and must include:(1) The location of potable water supplies and the importance of drinking water frequently, especially on hot d…
R.296-307-296-307-09512 The employer must provide potable water sources.
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The employer must provide potable water for employees engaged in hand-labor operations in the field, without cost to the employee. Potable water must meet the following requirements:(1) Potable water is in locations that are accessible to all employees.(2) Potable water container…
R.296-307-296-307-09515 Handwashing facilities.
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The employer must provide handwashing facilities for employees engaged in hand-labor operations in the field, without cost to the employee. Handwashing facilities must meet the following requirements:(1) One handwashing facility with a tap and an adequate supply of water, soap, s…
R.296-307-296-307-09518 Toilet facilities.
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The employer must provide toilet facilities for employees engaged in hand-labor operations in the field, without cost to the employee. Toilet facilities must meet the following requirements:(1) One toilet facility is provided for each twenty employees or fraction of twenty.(2) Th…
R.296-307-296-307-097 Outdoor heat exposure.
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[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 09-07-098, § 296-307-097, filed 3/18/09, effective 5/1/09.]
R.296-307-296-307-09710 Scope and purpose.
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WAC 296-307-09710 through 296-307-09760:(1) Applies to all employers with employees performing work in an outdoor environment.(2) Applies to outdoor work environments when employees are exposed to outdoor heat.(3) Does not apply to incidental exposure. Incidental exposure means a…
R.296-307-296-307-09720 Definitions.
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(1) Acclimatization. The body's temporary adaptation to work in heat that occurs as a person is exposed to it over a period of seven to 14 days depending on the amount of recent work in the heat and individual factors. Acclimatization can be lost after seven consecutive days away…
R.296-307-296-307-09730 Employer and employee responsibility.
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(1) Employers of employees exposed to temperatures at or above those listed in Table 1 of this section must:(a) Address their outdoor heat exposure safety program in their written accident prevention program (APP), in a language that employees understand;(b) Ensure the outdoor he…
R.296-307-296-307-09735 Access to shade.
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Employers of employees exposed at or above temperatures listed in Table 1 of WAC 296-307-09730 must:(1) Provide and maintain one or more areas with shade at all times while employees are present that are either open to the air or provided with ventilation or cooling, and not adjo…
R.296-307-296-307-09740 Drinking water.
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(1) Keeping workers hydrated in a hot outdoor environment requires that more water be provided than at other times of the year. Federal OSHA and research indicate that employers should be prepared to supply at least one quart of drinking water per employee per hour. When employee…
R.296-307-296-307-09745 Acclimatization.
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Employers must closely observe employees for signs and symptoms of heat-related illness by implementing one or more of the close observation options under WAC 296-307-09747(2).(1) For 14 days when employees:(a) Are newly assigned to working at or above the applicable temperatures…
R.296-307-296-307-09747 High heat procedures.
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The employer must implement the following high heat procedures when the temperature is at or above 90 degrees Fahrenheit, unless engineering or administrative controls (such as air-conditioning or scheduling work at cooler times of the day) are used to lower employees' exposure b…
R.296-307-296-307-09750 Responding to signs and symptoms of heat-related illness.
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(1) Employers must ensure that effective communication by voice, observation, or electronic means is maintained so that employees at the work site and their supervisor can contact each other to report signs and symptoms of heat-related illness and get medical attention when neces…
R.296-307-296-307-09760 Information and training.
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(1) All employees and supervisors must be trained as required by this section prior to outdoor work where occupational exposure to heat might occur and at least annually after the initial training. Training must be provided in a language and manner the employee or supervisor unde…
R.296-307-296-307-098 Wildfire smoke.
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[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and chapter 49.17 RCW. WSR 24-01-070, § 296-307-098, filed 12/14/23, effective 1/15/24.]
R.296-307-296-307-09805 Purpose and scope.
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WAC 296-307-09805 through 296-307-09860 applies to all workplaces, including those with agricultural activity according to RCW 49.17.020, with the exception of the following:(1) Enclosed buildings or structures in which the employer ensures that windows, doors, bays, and other ex…
R.296-307-296-307-09810 Definitions.
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(1) Air Quality Index (AQI). A unitless index used by the U.S. Environmental Protection Agency (EPA) to communicate air quality for several pollutants, including PM2.5. References to the AQI used throughout WAC 296-307-09805 through 296-307-09860 means the "NowCast AQI for PM2.5.…
R.296-307-296-307-09815 Identification of harmful exposures.
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The employer must determine the current PM2.5 for worksites covered by WAC 296-307-09805 through 296-307-09860 periodically as needed. The employer may use any of the following methods to determine employee exposures such that they are able to comply with the requirements in WAC …
R.296-307-296-307-09820 Hazard communication.
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For any worksite covered by WAC 296-307-09805 through 296-307-09860, the employer must establish and implement a system for communicating wildfire smoke hazards in a form readily understandable by all affected employees, including provisions designed to encourage employees to inf…
R.296-307-296-307-09825 Information and training.
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The employer must provide all workers with information and training regarding wildfire smoke before work that exposes the worker to a current PM2.5 concentration of 20.5 µg/m3 (AQI 72) or more. Training must be provided at least annually thereafter.(1) Information and training mu…
R.296-307-296-307-09830 Exposure symptom response.
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(1) Employers must allow employees who display any symptoms that may potentially be related to wildfire smoke exposure to seek medical attention or follow medical advice they have been given, and must not retaliate against affected employees for seeking such medical attention, or…
R.296-307-296-307-09835 Exposure controls.
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(1) Where the current PM2.5 is 20.5 µg/m3 (AQI 72) or more, the employer is encouraged to implement exposure controls.(2) Where the current PM2.5 is 35.5 µg/m3 (AQI 101) or more, the employer must implement effective exposure controls whenever feasible.(3) Such controls include, …
R.296-307-296-307-09840 Respiratory protection.
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(1) Where the current PM2.5 is 20.5 µg/m3 to 35.4 µg/m3 (AQI 72 to 100), the employer is encouraged to provide N95 filtering-facepiece respirators at no cost to employees upon request. Employees may provide and wear their own respiratory protection as long as voluntary use of the…
R.296-307-296-307-09845 Measuring PM2.5 levels at the worksite.
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(1) An employer may use a direct-reading particulate sensor to identify harmful exposures as required by WAC 296-307-09815, if the employer can demonstrate that it has complied with this section (WAC 296-307-09845) and selected a direct-reading particulate sensor that:(a) Does no…
R.296-307-296-307-09850 Appendix A: Protection from wildfire smoke information and training (mandatory).
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(1) The health effects and symptoms of wildfire smoke:(a) Although there are many hazardous chemicals in wildfire smoke, the main harmful pollutant for people who are not very close to the fire is "particulate matter," the tiny particles suspended in the air.Particulate matter is…
R.296-307-296-307-09860 Appendix B: Calculating the Air Quality Index for PM2.5 (nonmandatory).
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The Air Quality Index (AQI) for PM2.5 is calculated as follows: Ip=IHi - ILo(Cp - BPLo) + ILo BPHi - BPLo Where: Ipis the Air Quality Index value for PM2.5Cpis the concentration of PM2.5 in μg/m3 truncated to 1 decimal placeBPHiis the concentration breakpoint that is greater than…
R.296-307-296-307-100 Personal protective equipment.
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[WSR 97-09-013, recodified as § 296-307-100, 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-100, filed 10/31/96, effective 12/1/96.]
R.296-307-296-307-10005 Personal protective equipment.
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(1) The employer must ensure that employees are protected from injury or impairment of any bodily function that might occur through absorption, inhalation or physical contact of any substance, vapor, radiation, or physical hazard. Wherever appropriate, the employer must ensure th…
R.296-307-296-307-10010 Requirements that apply to eye protection.
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The employer must require eye protection wherever employees are exposed to flying objects, welding or cutting glare, injurious liquids, or injurious radiation. Eye protectors must meet the criteria of the American National Standard for Occupational and Educational Eye and Face Pr…
R.296-307-296-307-10015 Requirements for personal protective equipment.
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(1) The employer must ensure that employees use personal protective equipment according to the manufacturer's instructions.(2) The employer must ensure that, before each use, employees inspect all personal protective equipment for leaks, holes, tears, or worn places, and any dama…
R.296-307-296-307-10020 Preventing heat-related illnesses.
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The employer must take appropriate measures to prevent heat-related illness that may be caused by employees wearing any required personal protective equipment.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 20-21-091, § 296-307-10020, filed 10/20/20,…
R.296-307-296-307-10025 Training for personal protective equipment.
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The employer must instruct each employee in the proper use of personal protective equipment. The instruction must include any special limitations or precautions indicated by the manufacturer.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 20-21-091, …
R.296-307-296-307-10030 Voluntary use of personal protective equipment (PPE).
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(1) Every employer that does not require employees or contractors to wear a specific type of personal protective equipment as determined under the PPE hazard assessment, employer policy, or where otherwise required to comply with safety and health standards rules, must allow its …
R.296-307-296-307-108 General provisions.
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[Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.280 and chapter 49.17 RCW. WSR 19-21-169, § 296-307-108, filed 10/22/19, effective 2/3/20.]
R.296-307-296-307-10805 Federal worker protection standard—Washington state department of labor and industries.
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This part contains the federal Environmental Protection Agency (EPA) worker protection standard as listed in 40 C.F.R., Part 170. Revisions to the federal language have been incorporated into this part in order to be consistent with other requirements of Washington state law. The…
R.296-307-296-307-10810 Scope and purpose—40 C.F.R., Sec. 170.301.
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This part contains standards designed to reduce the risks of illness or injury resulting from workers' and handlers' occupational exposures to pesticides used in the production of agricultural plants on agricultural establishments and also to reduce the accidental exposure of wor…
R.296-307-296-307-10815 Applicability—40 C.F.R., Sec. 170.303.
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(1) This regulation applies whenever a pesticide product bearing a label requiring compliance with this part is used in the production of agricultural plants on an agricultural establishment, except as provided in subsections (2) and (3) of this section.(2) This regulation does n…
R.296-307-296-307-10820 Definitions—40 C.F.R., Sec. 170.305.
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Terms used in this part have the same meanings they have in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the following terms, when used in this part, have the following meanings:(1) Agricultural emergency. For agricultural emergencies see WAC …
R.296-307-296-307-10825 Agricultural employer duties—40 C.F.R., Sec. 170.309.
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Agricultural employers must:(1) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this part, when applied on the agricultural establishment.(2) Ensure that each worker and handler subject to this part recei…
R.296-307-296-307-10830 Display requirements for pesticide safety information and pesticide application and hazard information—40 C.F.R., Sec. 170.311.
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(1) Display of pesticide safety information. Whenever pesticide safety information and pesticide application and hazard information are required to be provided under WAC 296-307-10825(8), pesticide safety information must be legible and displayed in accordance with this subsectio…
R.296-307-296-307-10835 Commercial pesticide handler employer duties—40 C.F.R., Sec. 170.313.
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Commercial pesticide handler employers must:(1) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this part, when applied on an agricultural establishment by a handler employed by the commercial pesticide h…
R.296-307-296-307-10840 Prohibited actions—40 C.F.R., Sec. 170.315.
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No agricultural employer, commercial pesticide handler employer, or other person involved in the use of a pesticide to which this part applies, shall intimidate, threaten, coerce, or discriminate against any worker or handler for complying with or attempting to comply with this p…
R.296-307-296-307-10845 Violations of this part—40 C.F.R., Sec. 170.317.
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(1) RCW 15.58.150 (2)(c) provides that it is unlawful for any person "… to use or cause to be used any pesticide contrary to label directions …." When 40 C.F.R., Part 170 is referenced on a label, users must comply with all of its requirements, except those that are inconsistent …
R.296-307-296-307-109 Requirements for protection of agricultural workers.
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[Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.280 and chapter 49.17 RCW. WSR 19-21-169, § 296-307-109, filed 10/22/19, effective 2/3/20.]
R.296-307-296-307-10905 Training requirements for workers—40 C.F.R., Sec. 170.401.
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(1) General requirement. Before any worker performs any task in a treated area on an agricultural establishment where within the last 30 days a pesticide product has been used or a restricted-entry interval for such pesticide has been in effect, the agricultural employer must ens…
R.296-307-296-307-10910 Establishment-specific information for workers—40 C.F.R., Sec. 170.403.
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Before any worker performs any activity in a treated area on an agricultural establishment where within the last thirty days a pesticide product has been used, or a restricted-entry interval for such pesticide has been in effect, the agricultural employer must ensure that the wor…
R.296-307-296-307-10915 Entry restrictions associated with pesticide applications—40 C.F.R., Sec. 170.405.
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(1) Outdoor production pesticide applications.(a) During any outdoor production pesticide application, the agricultural employer must not allow or direct any worker or other person, other than an appropriately trained and equipped handler involved in the application, to enter or …
R.296-307-296-307-10920 Worker entry restrictions after pesticide applications—40 C.F.R., Sec. 170.407.
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(1) After the application of any pesticide to an area of outdoor production, the agricultural employer must not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval specified on the pesticide product labeling has expired and al…
R.296-307-296-307-10925 Oral and posted notification of worker entry restrictions—40 C.F.R., Sec. 170.409.
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(1) General requirement. The agricultural employer must notify workers of all entry restrictions required in WAC 296-307-10915 and 296-307-10920 in accordance with this section.(a) Type of notification required:(i) Double notification. If the pesticide product labeling has a stat…
R.296-307-296-307-10930 Decontamination supplies for workers—40 C.F.R., Sec. 170.411.
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(1) Requirement. The agricultural employer must provide decontamination supplies for routine washing and emergency decontamination in accordance with this section for any worker on an agricultural establishment who is performing an activity in an area where a pesticide was applie…