Washington Administrative Code

(1) Evaluate and control hazards for safe entry into permit-required confined spaces by doing all the following:(a) Test for atmospheric hazards, in this order:(i) Oxygen.(ii) Combustible gases and vapors.(iii) Toxic gases and vapors.(b) Provide each entrant or their authorized r…

(1) The employer must make sure they have adequate rescue and emergency services available during their permit-required confined space entry operations.(a) Evaluate and select rescue teams or services who can:(i) Respond to a rescue call in a timely manner. Timeliness is based on…

(1) The employer must use nonentry retrieval systems or methods to rescue entrants in a permit-required confined space unless this:(a) Would increase the overall risk of injury to entrants; or(b) Would not contribute to the rescue of the entrant.(2) The employer must make sure ea…

The employer must make sure that an entry supervisor:(1) Authorizes the entry into a permit-required confined space by signing the entry permit.(2) Oversees entry operations.(3) Knows about the hazards that may be faced during entry, including the mode, signs or symptoms, and con…

important:1. The number of attendants assigned should be tailored to the requirements of the space and the work performed.2. The employer needs to assess if it is appropriate or possible to have multiple permit spaces monitored by a single attendant, or have an attendant statione…

The employer must make sure that all entrants:(1) Know the hazards they may face during entry, including the mode, signs or symptoms, and results of exposure to the hazards.(2) Use equipment properly.(3) Communicate with the attendant as necessary so the attendant can:(a) Monitor…

The employer must terminate entry when entry operations are completed, including securing an entrance cover and canceling the permit.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 20-21-091, § 296-307-65024, filed 10/20/20, effective 11/20/20; WSR 0…

Summary:Employer responsibility:To choose alternate entry procedures for spaces where the only hazard is a hazardous atmosphere.The employer must meet the requirements…in this section:Identifying and controlling permit-required confined spaces.WAC 296-307-644Permit-required confi…

(1) The employer must make sure, when using alternate entry procedures, instead of permit entry procedures, that it has monitoring and inspection data that supports the following:(a) That the only hazard of the permit-required confined space is an actual or potentially hazardous …

(1) The employer must use the following alternate entry procedures:Eliminate any unsafe conditions before removing an entrance cover.(a) When entrance covers are removed, promptly guard the opening with a railing, temporary cover, or other temporary barrier to prevent accidental …

Summary:important:A confined space may be classified as a nonpermit confined space for as long as the hazards remain eliminated. Once a hazard is present, the employer must follow all requirements of this part that apply.Employer responsibility:To make sure any space classified a…

(1) The employer must make sure the confined space meets these conditions to be classified as nonpermit confined spaces:(a) The confined space does not containanactual or potential hazardous atmosphere.(b) The confined space does not contain hazards capable of causing death or se…

(1) The employer must reclassify a nonpermit confined space to a permit-required confined space, if necessary, when changes in the use or configuration of the space increase the hazards to entrants.(2) The employer must make sure all employees exit the space if hazards develop. T…

Acceptable entry conditions. The conditions that must exist in a permit-required confined space to allow safe entry and work.Attendant. An individual stationed outside one or more permit-required confined spaces to monitor the entrants.Blanking or blinding. The absolute closure o…

Emergency response to hazardous substance releases.To state the minimum requirements that help the employer protect the safety and health of its employees during a response to hazardous substance releases in the employer's workplace or any other location.Requirements of this rule…

Develop an emergency response plan.Notes:1. The employer may already have an emergency response plan, such as required by chapter 296-843 WAC, Hazardous waste operations or by state and locally coordinated response efforts (Section 303 of Superfund Amendments and Reauthorization …

Train employees.Notes:1. Use Tables 3 through 6 to identify employees' training competencies. 2. The employer may conduct training internally, or use outside training services to comply with this section. When outside trainers are hired, the employer is still responsible for maki…

Provide medical surveillance to employees.(1) The employer must provide medical surveillance for employees to comply with Tables 7 and 8, and the following:(a) Make medical surveillance available at:(i) Reasonable times and places.(ii) No cost to employees, including travel assoc…

The employer must keep a record of:(1) Name and Social Security number of the employee receiving medical surveillance;(2) Physicians' written opinions, recommended limitations, and results of examinations and tests;(3) Any employee medical complaints regarding hazardous substance…

Recognize emergencies and initiate a response.The employer must make sure employees follow procedures in your emergency response plan to:(1) Recognize when an emergency response must be initiated;(2) Notify employees, and others designated in your plan, of the release;(3) Follow …

(1) The employer must make sure a single individual, acting as the incident commander (IC), is in charge of the site-specific incident command system (ICS) and acts within their designated role and training level.Note:For multiemployer worksites: 1. The IC has responsibility for …

Note:The duties of skilled support personnel are described in Table 1, Roles and Duties of Emergency Responders.(1) The employer must make sure that their skilled support personnel (including those employees who are not regularly employed by you) who could be exposed to on-scene …

The employer of the incident commander (IC) must:(1) Identify all hazardous substances and conditions present, within their training level, using site analysis and maximum exposure limits, when appropriate.(2) Implement emergency response procedures appropriate to the hazardous s…

The employer must make sure operations and tasks (including limited actions) in danger areas are conducted using the buddy system in teams of two or more.Definition. Danger areas are areas where conditions pose a serious danger to employees, such as areas where:(a) Immediately da…

(1) The employer must provide stand-by employees equipped with the same level of personal protective equipment (PPE) as the entrants, for assistance or rescue.Notes:1. The buddy system applies to stand-by employees (WAC 296-307-70450). 2. One of the two stand-by employees can be …

Notes:1. Only properly trained employees should select PPE. Hazardous materials technicians and hazardous materials specialists can select PPE within the competencies specified in Table 4. 2. Selection requirements in other PPE rules also apply, including: a. Chapter 296-307 WAC,…

The employer must control hazards created by the use of PPE, including:(1) Heat stress due to extremely high temperatures.(2) Any other employee health hazard and consideration.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 20-21-091, § 296-307-7046…

(1) The employer must make sure employees inspect PPE before, during and after use, following your plan's procedures.(2) The employer must make sure employees put on (don) and remove (doff) PPE following your plan's procedures.(3) The employer must make sure employees do not inte…

important:Postemergency response is the stage of the emergency response where the immediate threat from the release has been stabilized or eliminated, and cleanup of the site has started.When cleanup is done by the employees who were part of the initial emergency response, the em…

The following definitions are specific to this section:Annually. Any twelve-month cycle.Buddy system. A system of organizing employees (who enter or stand by danger areas) into work groups, so each employee can be observed by at least one other member of the group. The purpose of…

(1) The crime victims compensation program provides payment for mental health treatment and services to victims of crime who are eligible for compensation under chapter 7.68 RCW, the Crime Victims' Act. EXCEPTION:Benefits under the crime victims compensation program are secondary…

(1) The crime victims compensation program will not authorize services and treatment:(a) Beyond the point that the accepted condition becomes fixed and stable (i.e., maintenance care);(b) After a client is determined to be permanently totally disabled and while receiving financia…

(1) The program must authorize the following mental health services and/or treatment:(a) Consultations beyond what are allowed in WAC 296-31-065;(b) Inpatient hospitalization;(c) Concurrent treatment with more than one provider;(d) Electroconvulsive therapy;(e) Neuropsychological…

(1) Mental health providers must qualify as an approved provider and register with the crime victims compensation program before they are authorized to provide treatment and receive payment in accordance with these rules.(2) The following providers who are permanently licensed in…

You must send us:(1) A completed provider application and Form W-9;(2) A legible copy of your license, certification and/or registration;(3) Ph.D.s not licensed as psychologists and master level counselors must provide a legible copy of their degree.[Statutory Authority: RCW 7.68…

The department has a duty to supervise the provisions of proper and necessary mental health care that is delivered promptly, efficiently and economically. We may deny, revoke, suspend or impose conditions on your authorization to treat crime victim claimants for reasons that incl…

(1) If the department finds reason to take corrective action, we may also order one or more of the following:(a) Recoup our payments to you with interest.(b) Deny or reduce payment.(c) Assessment of penalties for each action that falls within the scope of WAC 296-31-045 (1) throu…

(1) When you receive a payment to which you are not entitled, you must repay the excess payment, plus accrued interest, without regard to whether the excess payment occurred due to your error or department error or oversight.EXCEPTION:If you accept in good faith a determination b…

If you or the client do not agree with our order, decision or award a written protest may be sent to the crime victims compensation program or appeal to the board of industrial insurance appeals. A protest or appeal to our order or decision requiring repayment by a provider must …

The crime victims compensation program requires the following reports from mental health providers:(1) Initial response and assessment: Form I: This report is required if you are seeing the client for six sessions or less, and must contain:(a) The client's initial description of …

(1) There may be instances when the department or the claimant's mental health provider may want to refer the claimant for a consultation. For example, if the claimant's accepted mental health condition presents a diagnostic or therapeutic challenge, or if the department needs ad…

(1) In some cases, treatment by more than one provider may be allowed by the crime victims compensation program. We may authorize concurrent treatment on an individual basis:(a) If the accepted condition requires specialty or multidisciplinary care.Note:Individual and group couns…

(1) RCW 7.68.095 provides that claimants are entitled to a free choice of attending providers, who are registered with the department, subject to the limits of RCW 7.68.130 and the requirements of the claimant's public or private insurance. The provider must meet registration req…

If providers request payment from us for service, they must:(1) Maintain all patient and billing records needed to:(a) Determine the extent of services provided to claimants or to their family members. Each record must, at a minimum:(i) Document the level and type of service prov…

(1) We may review or audit patient and related billing records to ensure:(a) Claimants are receiving proper and necessary care; and(b) You are complying with our mental health rules, fee schedules, and policies.A records review can become the basis of corrective action against yo…

As a trustee of funds appropriated by the legislature, we have a duty to supervise the provisions of proper and necessary mental health care. We may enlist utilization review or management programs to monitor and control the delivery, use, and cost of necessary mental health care…

(1) You must immediately notify us when you are treating an unrelated condition concurrently with an accepted condition and provide us with the following information:(a) Diagnosis and/or nature of unrelated condition;(b) Treatment being provided; and(c) The effect, if any, on the…

The remaining balance of a recovery, which is paid to the claimant but must be used to offset future payment of benefits.How does excess effect the bill payment process?(1) When an excess recovery exists, the department is not responsible for payment of bills.(2) The provider mus…

(1) Neither the department nor the claimant is required to pay for provider services which violate the mental health treatment rules, fee schedule or department policy.(2) All fees listed are the maximum fees allowable. Providers must bill their usual and customary fee for each s…

(1) Providers of mental health diagnostic and treatment services located outside the state of Washington:(a) May bill us for services that we allow and are authorized by the crime victims compensation program mental health treatment rules;(b) Must bill us according to the provisi…