Washington Administrative Code

You must document the preliminary investigation findings for use at any formal investigation.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 18-22-116, § 296-800-32025, filed 11/6/18, effective 12/7/18. Statutory Authority: RCW 49.17.010, [49.17].040…

(1) The department must keep accident investigations and related reports confidential.(2) The department must not freely release results of accident investigations and related reports that are confidential.(3) The department must make available accident investigation reports, wit…

(1) The department must not reveal the source of information when a promise has been made to keep the identity of the source confidential.(2) The department must not disclose information that would reveal the source's identity, whenever a department file contains an investigative…

You must use the safety and health standards from national organizations and federal agencies, when directed to by WISHA rules.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 18-22-116, § 296-800-360, filed 11/6/18, effective 12/7/18. Statutory Autho…

You must use the following to be in compliance with WISHA rules:(1) The edition of the standard specified in the WISHA rule; or(2) Any edition published after the edition specified in the WISHA rule.Note:The specific standards referenced in the WISHA rules are available:• For rev…

Chapter 296-801 WAC provides health and safety requirements for staffing agencies and worksite (or host) employers consistent with RCW 49.17.490 Temporary workers—Safety—Staffing agency and worksite employer duties. The requirements in this chapter are limited to employers classi…

Staffing agency. An employer whose business is classified under the North American Industry Classification System (NAICS) 561320 industry sector. In general, these organizations recruit and hire employees and temporarily assigns those employees to perform work or services for ano…

Before the assignment of an employee to a worksite employer, a staffing agency must:(1) Inquire about the worksite employer's safety and health practices and hazards at the actual workplace where the employee will be working to assess the safety conditions, workers tasks, and the…

(1) Before each temporary employee engages in work for the worksite employer, the worksite employer must:(a) Document and inform the staffing agency about anticipated job hazards likely encountered by the staffing agency employee/temporary employee;(b) Review the safety and healt…

Access. The right and opportunity to examine and copy an employee record.Analysis using exposure or medical records. Any collection of data or a statistical study based on either:(a) Information from individual employee exposure or medical records; or(b) Information collected fro…

The purpose of this chapter is to provide employees and their designated representatives the right to access relevant medical and exposure records. It also describes the procedures WISHA will follow when accessing confidential medical information.This chapter applies to:• All emp…

Summary:Your responsibility:To keep employee medical records, exposure records, and analyses.IMPORTANT:• Physicians or other health care personnel may keep medical records for you.• You may keep information in any form as long as the information is retrievable.• Unless a specific…

(1) You must keep medical records for at least as long as the employee works for you plus thirty years.Exemption:• If an employee works for you for less than one year and you provide the records to them when they leave employment, you do not have to keep their medical records. • …

IMPORTANT:You do not need to keep employee exposure records for exposure to toxic substances when they are:• Purchased as a consumer product; and• Used in the same manner and frequency that a consumer would use them.(1) You must keep employee exposure records for at least thirty …

You must keep each analysis using medical or exposure records for at least thirty years.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 18-22-116, § 296-802-20015, filed 11/6/18, effective 12/7/18; WSR 04-10-026, § 296-802-20015, filed 4/27/04, effec…

Summary:Your responsibility:To inform current employees about their medical and exposure records.You must meet the requirements ...in this section:Inform current employees about their medical and exposure recordsWAC 296-802-30005[Statutory Authority: RCW 49.17.010, 49.17.040, 49.…

(1) You must inform employees covered by this rule about medical and exposure records when they first start employment, and then at least annually. Include the following information:(a) Where the records are located.(b) Who is responsible for the records.(c) Who to contact for ac…

Summary:Your Responsibility:To provide employees access to records and analyses.IMPORTANT:• Employees or their designated representatives can use the collective bargaining process to gain access to records beyond what is required by this chapter.• The requirements of this section…

(1) You must provide employees and their designated representatives access to requested records and analyses as follows:(a) In a reasonable time, place, and manner.(b) Within fifteen working days.(c) If there is a delay, inform the requesting party of the reason and the earliest …

(1) You must make sure employees have access, upon request, to their own medical records.Note:• A physician, nurse, or other responsible health care professional who maintains employee medical records may delete from requested medical records the identity of individuals who provi…

(1) You must provide requested exposure records that show the type and amount of toxic substances or harmful physical agents to which the employee is or has been exposed, for an employee's current or transfer work assignment.In the absence of records specific to the employee, exp…

Summary:IMPORTANT:This section describes how WISHA accesses employee medical records and your related rights and obligations.Your responsibility:To post written WISHA access orders.You must meet the requirements ...in this section:Respond to WISHA access orders for employee medic…

(1) You must promptly respond to a written access order you receive from WISHA for personally identifiable employee medical information.(2) You must post a copy of the cover letter you receive from WISHA for fifteen working days where employees can easily review it.[Statutory Aut…

A written access order from WISHA will contain at least the following information:(1) The identity of employees whose medical information is being requested. This may be either by name, job classification, time clock number, department, or similar identifier.(2) A description of …

Summary:Your responsibility:To transfer or dispose of employee medical and exposure records when you go out of business.You must meet the requirements ...in this section:Transfer or dispose of employee medical and exposure records when you go out of businessWAC 296-802-60005[Stat…

You must follow the requirements in Table 1 when transferring or disposing of records.Table 1Transfer or Disposal of RecordsIfThenAnother employer continues the business when you go out of businessTransfer all employee records to that employerNo other employer continues the busin…

Affected employee. An employee who is required to operate, use, or be in the area where a machine or equipment could be locked or tagged out for service or maintenance.Authorized employee. An employee who locks or tags out a machine or equipment to do service or maintenance.Can b…

This chapter applies to the service and maintenance of machines and equipment, including piping systems, if employees could be injured by the:(1) Unexpected energization or start up of the machine or equipment; or(2) Release of stored energy.Energy sources include mechanical, hyd…

Your responsibility:To establish an energy control program.You must meet the requirements…in this section:Establish a written energy control programWAC 296-803-20005[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 17-18-075, § 296-803-200, filed 9/5/1…

(1) You must establish a written energy control program to protect employees that service or maintain a machine or equipment from injury caused by the:(a) Unexpected energization or start up of the machine or equipment; or(b) Release of stored energy.(2) You must make sure the pr…

Your responsibility:To make sure new or modified machines and equipment can accept lockout devices.You must meet the requirements…in this section:Make sure new or modified machines and equipment can accept lockout devicesWAC 296-803-30005[Statutory Authority: RCW 49.17.010, 49.17…

You must make sure energy-isolating devices designed to accept a lockout device are provided on machines and equipment that:(1) Are newly installed; or(2) Have undergone major replacement, repair, renovation, or modification after July 2, 1990.[Statutory Authority: RCW 49.17.010,…

Your responsibility:To provide appropriate lockout and tagout devices and means to control energy.You must meet the requirements…in this section:Provide appropriate means to control energyWAC 296-803-40005Make sure lockout and tagout devices meet these requirementsWAC 296-803-400…

You must provide the means necessary to isolate, secure, or block machines and equipment from energy sources.Note:Examples of means to control energy include: 1. Locks. 2. Tags. 3. Chains. 4. Wedges. 5. Key blocks. 6. Adapter pins. 7. Self-locking fasteners. 8. Blank flanges. 9. …

You must make sure lockout and tagout devices meet all of the following:(1) Create no additional hazards.(2) Have a distinctive design or appearance.(3) Are the only devices used for controlling energy.(4) Are not used for any other purpose.(5) Are durable enough to withstand the…

You must make sure lockout devices are strong enough so that removing them by other than the normal unlocking method requires:(1) Excessive force; or(2) Unusual techniques such as the use of bolt cutters or other metal-cutting tools.[Statutory Authority: RCW 49.17.010, 49.17.040,…

(1) You must make sure all tags:(a) Use the same print and format within a facility.(b) Are constructed and printed so they will not deteriorate and the message on the tag remains legible when:(i) Exposed to weather.(ii) Used in wet or damp locations.(iii) Used in corrosive envir…

Your responsibility:To make sure energy control procedures are used and include these requirements.You must meet the requirements…in this section:Energy Control Procedures Use energy control proceduresWAC 296-803-50005Applying Lockout or Tagout Devices Meet these requirements whe…

(1) You must use energy control procedures to protect employees servicing or maintaining machines and equipment from potentially hazardous energy.(2) You must use a lockout system if an energy-isolating device can be locked out.Exemption:A tagout system may be used instead of a l…

(1) You must make sure, before a machine or equipment is turned off, that the authorized employee knows all of the following:(a) Type and magnitude of the energy.(b) Hazards of the energy to be controlled.(c) Method or means to control the energy.(2) You must turn off or shut dow…

You must make sure lockout devices hold the energy-isolating device in a "safe" or "off" position.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 17-18-075, § 296-803-50015, filed 9/5/17, effective 10/6/17; WSR 04-15-105, § 296-803-50015, filed 7/20/…

(1) You must make sure a tagout device is put on an energy-isolating device so it clearly shows that moving the energy-isolating device from the "safe" or "off" position is prohibited.(2) You must make sure a tagout device, when used with an energy-isolating device that can be lo…

(1) You must make sure all potentially hazardous stored and residual energy is relieved, disconnected, restrained, or otherwise rendered safe after the lockout or tagout devices have been put on the energy-isolating devices.(2) You must continue to verify the isolation of machine…

You must make sure the authorized employee verifies that the machine or equipment that has been locked out or tagged out has been isolated from all energy sources and deenergized before starting work.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 17…

(1) You must make sure the authorized employee does the following before removing any lockout or tagout device:(a) Inspects the work area to make sure nonessential items have been removed;(b) Verifies the machine or equipment is in operating condition and ready to energize; and(c…

You must follow your normal energy control procedures to:(1) Remove the lockout or tagout devices.(2) Energize the machine, equipment, or component.(3) Reapply the lockout or tagout devices when testing or positioning is completed.[Statutory Authority: RCW 49.17.010, 49.17.040, 4…

You must use specific procedures for shift or personnel changes to:(1) Make sure there is continuous lockout or tagout protection during the change; and(2) Provide for the orderly transfer of lockout or tagout device protection between employees.[Statutory Authority: RCW 49.17.01…

(1) You must make sure your energy control procedures provide each member of a crew, craft, department, or other group with the same level of protection as that provided by an individual lockout or tagout device.(2) You must make sure each authorized employee:(a) Puts a personal …

You must do all of the following if more than one group works on a machine or equipment that has to be locked or tagged out:(1) Assign an authorized employee as the group coordinator with overall responsibility to:(a) Coordinate the different work groups; and(b) Maintain continuo…

You must do the following before allowing another employer's personnel to service or maintain machines or equipment if your energy control procedures require they be locked or tagged out:(1) Inform the outside employer of your lockout or tagout procedures.(2) Make sure the outsid…