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(continued)
(4) The employer must verify that each affected employee has received the required training through a document that contains the following information:
? Name of each employee trained;
? Date(s) of training; and
? Type of training the employee received.
[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, § 296-304-09003, filed 12/26/97, effective 3/1/98. Statutory Authority: Chapter 49.17 RCW. 93-19-142 (Order 93-04), § 296-304-09003, filed 9/22/93, effective 11/1/93. Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), § 296-304-09003, filed 11/30/83; Order 74-25, § 296-304-09003, filed 5/7/74.]
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296-304-09005
Eye and face protection.
(1) The employer must provide each affected employee with eye and face protection according to the following requirements:
(a) Each affected employee must use appropriate eye or face protection when exposed to eye or face hazards caused by flying particles, molten metal, liquid chemicals, acid or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.
(b) Each affected employee must use eye or face protection that provides side protection when there is a hazard from flying objects. A detachable side protector (e.g., a clip-on or slide-on side shield) that meets the requirements of this section is acceptable.
(c) Each affected employee who wears prescription lenses must:
? Use eye protection that incorporates the prescription in its design; or
? Be protected by eye protection that can be worn over prescription lenses without disturbing the proper position of either the PPE or the prescription lenses.
(d) Each affected employee must use equipment with filter lenses of a shade that provides appropriate protection from injurious light radiation. Tables I-1A and I-1B lists the appropriate shade numbers for various operations. If filter lenses are used in goggles worn under a helmet with a lens, the shade number of the lens in the helmet may be reduced so that the shade numbers of the two lenses will equal the value shown in the Tables I-1A and I-1B.
(2) The employer must ensure that all protective eye and face devices meet the following criteria:
(a) Protective eye and face devices purchased after February 20, 1995, comply with the American National Standards Institute, ANSI Z87.1-1989, "Practice for Occupational and Educational Eye and Face Protection," or the employer demonstrates that the devices are equally effective.
(b) Eye and face protective devices purchased before February 20, 1995, comply with "American National Standard Practice for Occupational and Educational Eye and Face Protection, Z87.1-1979," or the employer demonstrates that the devices are equally effective.
[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, § 296-304-09005, filed 12/26/97, effective 3/1/98; Order 74-25, § 296-304-09005, filed 5/7/74.]
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296-304-09007
Respiratory protection.
The employer must provide respiratory protection that meets the requirements of chapter 296-842 WAC, Respirators.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-20-055, § 296-304-09007, filed 10/3/05, effective 12/1/05; 05-03-093, § 296-304-09007, filed 1/18/05, effective 3/1/05. Statutory Authority: RCW 49.17.040,[49.17].050 and [49.17].060. 98-02-006, § 296-304-09007, filed 12/26/97, effective 3/1/98; Order 76-7, § 296-304-09007, filed 3/1/76; Order 74-25, § 296-304-09007, filed 5/7/74.]
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296-304-09009
Hearing protection.
The employer must meet the requirements of chapter 296-817 WAC, Hearing loss prevention (noise).
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-11-060, § 296-304-09009, filed 5/19/03, effective 8/1/03. Statutory Authority: RCW 49.17.040,[49.17].050 and [49.17].060. 98-02-006, § 296-304-09009, filed 12/26/97, effective 3/1/98.]
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296-304-09011
Head protection.
(1) The employer must provide each affected employee with head protection according to the following requirements:
(a) Each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head.
(b) Each affected employee wears a protective helmet designed to reduce electrical shock hazards where there is potential for electric shock or burns from contact with exposed electrical conductors that could contact the head.
(2) The employer must ensure that all protective helmets meet the following criteria:
(a) Protective helmets purchased before February 20, 1995, comply with the "American National Standard Safety Requirements for Industrial Head Protection, Z89.1-1969," or the employer demonstrates that they are equally effective.
(b) Protective helmets purchased after February 20, 1995, comply with ANSI Z89.1-1986, "Personnel Protection -- Protective Headwear for Industrial Workers-Requirements," or the employer demonstrates that they are equally effective.
[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, § 296-304-09011, filed 12/26/97, effective 3/1/98.]
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296-304-09013
Foot protection.
(1) The employer must ensure that each affected employee wears protective footwear when working in areas where:
? There is a danger of foot injuries from falling or rolling objects;
? There is a danger of foot injuries from objects piercing the sole; or
? Where an employee's feet are exposed to electrical hazards.
(2) The employer must ensure that all protective footwear meets the following criteria:
(a) Protective footwear purchased before February 20, 1995, complies with the ANSI standard "USA Standard for Men's Safety-Toe Footwear," ANSI Z41-1983, or the employer demonstrates that footwear is equally effective.
(b) Protective footwear purchased after February 20, 1995, complies with ANSI Z41-1991, "American National Standard for Personal Protection -- Protective Footwear," or the employer demonstrates that footwear is equally effective.
[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, § 296-304-09013, filed 12/26/97, effective 3/1/98.]
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296-304-09015
Hand and body protection.
The employer must ensure that each affected employee uses appropriate hand protection and other protective clothing where there is exposure to hazards such as:
? Skin absorption of harmful substances;
? Severe cuts or lacerations;
? Severe abrasions;
? Punctures;
? Chemical burns;
? Thermal burns;
? Harmful temperature extremes; and
? Sharp objects.
(1) Hot work operations. The employer must ensure that an employee's clothing is free from flammable or combustible materials (such as grease or oil) while engaged in hot work operations or working near an ignition or oxygen source.
(2) Electrical protective devices. The employer must ensure that each affected employee wears protective electrical insulating gloves and sleeves or other electrical protective equipment, if that employee is exposed to electrical shock hazards while working on electrical equipment.
[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, § 296-304-09015, filed 12/26/97, effective 3/1/98.]
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296-304-09017
Lifesaving equipment.
(1) Personal flotation devices (PFD).
? You must provide your employees with PFDs approved by the United States Coast Guard for use on commercial or merchant vessels. The following are appropriate or allowable United States Coast Guard approved PFDs:
Type of PFD General Description
Type I Off-shore life jacket - effective for all waters or where rescue may be delayed.
Type II Near-shore buoyant vest - intended for calm, inland water or where there is a good chance of quick rescue.
Type III Flotation aid - good for calm, inland water, or where there is a good chance of rescue.
Type V Flotation aids such as boardsailing vests, deck suits, work vests and inflatable PFDs marked for commercial use.
Note: ? Commercially available PFDs are marked or imprinted with the Type of PFD.
? Type IV PFDs are throwable devices. They are used to aid persons who have fallen into the water.
? The requirements for USCG approval are in 46 CFR Part 160, Coast Guard Lifesaving Equipment Specifications.
The employer must ensure that each personal flotation device is inspected before use for dry rot, chemical damage, or other defects that may affect its strength and buoyancy. Defective personal floatation devices shall not be used.
(2) Ring life buoys and ladders.
(a) The employer must ensure that when work is performed on a floating vessel 200 feet (61 m) or more in length, at least three 30-inch (0.76 m) U.S. Coast Guard approved ring life buoys with lines attached are located in readily visible and accessible places. Ring life buoys must be located one forward, one aft, and one at the access to the gangway.
(b) On floating vessels under 200 feet (61 m) in length, at least one 30-inch (0.76 m) U.S. Coast Guard approved ring life buoy with line attached must be located at the gangway.
(c) At least one 30-inch (0.76 m) U.S. Coast Guard approved ring life buoy with a line attached must be located on each staging alongside of a floating vessel on which work is performed.
(d) At least 90 feet (27.43 m) of line must be attached to each ring life buoy.
(e) There must be at least one portable or permanent ladder near each floating vessel on which work is performed. The ladder must be long enough to help an employee reach safety in the event of a fall into the water.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-04-099, § 296-304-09017, filed 2/4/03, effective 8/1/03. Statutory Authority: RCW 49.17.040,[49.17].050 and [49.17].060. 98-02-006, § 296-304-09017, filed 12/26/97, effective 3/1/98.]
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296-304-09019
Fall protection — General requirement.
The employer must provide and ensure the use of fall protection when employees work aloft or elsewhere at elevations more than 5 feet above a solid surface.
[Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 98-02-006, § 296-304-09019, filed 12/26/97, effective 3/1/98.]
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296-304-09021
Personal fall arrest systems (PFAS).
Personal fall arrest systems must meet the requirements of this section.
(1) The employer must ensure that connectors and anchorages meet the following criteria:
(a) Connectors are made of drop forged, pressed, or formed steel or of materials with equivalent strength.
(b) Connectors have a corrosion-resistant finish, and all surfaces and edges are smooth to prevent damage to the interfacing parts of the system.
(c) D-rings and snaphooks can sustain a minimum tensile load of 5,000 pounds (22.24 Kn).
(d) D-rings and snaphooks are proof-tested to a minimum tensile load of 3,600 pounds (16 Kn) without cracking, breaking, or being permanently deformed.
(e) Snaphooks lock and are designed and used to prevent disengagement of the snaphook by contact of the snaphook keeper with the connected part.
(f) On suspended scaffolds or similar work platforms with horizontal lifelines that may become vertical lifelines, the devices used for connection to the horizontal lifeline can lock in any direction on the lifeline.
(g) Anchorages used for attachment of personal fall arrest equipment are independent of any anchorage used to support or suspend platforms.
(h) Anchorages can support at least 5,000 pounds (22.24 Kn) per employee attached, or are designed, installed, and used as follows:
(i) As part of a complete personal fall arrest system that maintains a safety factor of at least two; and
(ii) Under the direction and supervision of a qualified person.
(2) The employer must ensure that lifelines, lanyards, and personal fall arrest systems meet the following criteria:
(a) When vertical lifelines are used, each employee has a separate lifeline.
(b) Vertical lifelines and lanyards have a minimum tensile strength of 5,000 pounds (22.24 Kn).
(c) Self-retracting lifelines and lanyards that automatically limit free fall distances to 2 feet (0.61 m) or less can sustain a minimum tensile load of 3000 pounds (13.34 Kn) applied to a self-retracting lifeline or lanyard with the lifeline or lanyard in the fully extended position.
(d) Self-retracting lifelines and lanyards which do not limit free fall distance to 2 feet (0.61 m) or less, ripstitch lanyards and tearing and deforming lanyards can sustain a minimum static tensile load of 5,000 pounds (22.24 Kn) applied to the device when they are in the fully extended position.
(e) Horizontal lifelines are designed, installed, and used under the supervision of a qualified person, and only used as part of a complete personal fall arrest system that maintains a safety factor of at least two.
Note: The system strength needs below are based on a maximum combined weight of employee and tools of 310 pounds. If combined weight is more than 310 pounds (140.62 kg), appropriate allowances must be made or the system will not be in compliance.
(f) Effective April 20, 1998, the employer must ensure that personal fall arrest systems:
(i) Limit the maximum arresting force on a falling employee to 1,800 pounds (8 Kn) when used with a body harness;
(ii) Bring a falling employee to a complete stop and limit the maximum deceleration distance an employee travels to 3.5 feet (1.07 m); and
(iii) Are strong enough to withstand twice the potential impact energy of an employee free falling a distance of 6 feet (1.8 m), or the free fall distance permitted by the system, whichever is less.
(g) The employer must ensure that personal fall arrest systems are rigged so that an employee can neither free fall more than 6 feet (1.83 m) nor contact any lower level.
(3) The employer must select, use, and care for systems and system components according to the following requirements:
(a) Lanyards are attached to employees using personal fall arrest systems, as follows:
The attachment point of a body harness is in the center of the wearer's back near the shoulder level, or above the wearer's head. If the maximum free fall distance is less than 20 inches, the attachment point may be located in the chest position.
(b) Ropes and straps (webbing) used in lanyards, lifelines and strength components of body harnesses are made from synthetic fibers or wire rope.
(c) Ropes, harnesses, and lanyards are compatible with their hardware.
(d) Lifelines and lanyards are protected against cuts, abrasions, burns from hot work operations and deterioration by acids, solvents, and other chemicals.
(e) Personal fall arrest systems are inspected before each use for mildew, wear, damage, and other deterioration. Defective components are removed from service.
(f) Personal fall arrest systems and components subjected to impact loading are immediately removed from service and not used again for employee protection until inspected and determined by a qualified persons to be undamaged and suitable for reuse.
(g) The employer must provide for prompt rescue of employees in the event of a fall or must ensure that employees are able to rescue themselves.
(h) Personal fall arrest systems and components are used only for employee fall protection and not to hoist materials.
(4) Training. Before using personal fall arrest equipment, the employer must ensure that each affected employee is trained to understand the application limits of the equipment and proper hook-up, anchoring, and tie-off techniques. Affected employees must also be trained to demonstrate the proper use, inspection, and storage of their equipment.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-04-099, § 296-304-09021, filed 2/4/03, effective 8/1/03. Statutory Authority: RCW 49.17.040,[49.17].050 and [49.17].060. 98-02-006, § 296-304-09021, filed 12/26/97, effective 3/1/98.]
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296-304-09023
Positioning device systems.
The employer must ensure that positioning device systems and their use meet the requirements of this section.
(1) The employer must ensure that connectors and anchorages meet the following criteria:
(a) Connectors have a corrosion-resistant finish, and all surfaces and edges are smooth to prevent damage to interfacing parts of this system.
(b) Connecting assemblies have a minimum tensile strength of 5,000 pounds (22.24 Kn).
(c) Positioning device systems are secured to an anchorage that can support at least twice the potential impact load of an employee's fall.
(d) Only locking type snaphooks are used in positioning device systems.
(2) The employer must ensure that positioning device systems meet the following criteria:
(a) Restraint (tether) lines have a minimum breaking strength of 3,000 pounds (13.34 Kn).
(b) Beginning April 20, 1998, the following system performance criteria for positioning device systems are met:
(i) A window cleaner's positioning system can withstand without failure, a drop test consisting of a 6-foot (1.83 m) drop of a 250-pound (113.34 kg) weight. The system limits the initial arresting force to a maximum of 2,000 pounds (8.89 Kn), with a maximum duration of 2 milliseconds. The system limits any subsequent arresting forces imposed on the falling employee to a maximum of 1,000 pounds (4.45 Kn);
(ii) All other positioning device systems can withstand without failure a drop test consisting of a 4-foot (1.22 m) drop of a 250-pound (113.34 kg) weight.
(3) The employer must ensure that a positioning device system is used and cared for according to the following requirements:
(a) Positioning device systems are inspected before each use for mildew, wear, damage, and other deterioration. Defective components are removed from service.
(b) A positioning device system or component subjected to impact loading is immediately removed from service and not used again for employee protection, unless inspected and determined by a qualified person to be undamaged and suitable for reuse.
(4) Training. Before using a positioning device system, the employer must ensure that employees are trained in the application limits, proper hook-up, anchoring and tie-off techniques, methods of use, inspection, and storage of positioning device systems.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-04-099, § 296-304-09023, filed 2/4/03, effective 8/1/03. Statutory Authority: RCW 49.17.040,[49.17].050 and [49.17].060. 98-02-006, § 296-304-09023, filed 12/26/97, effective 3/1/98.]
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296-304-100
Ship's machinery and piping systems — Scope and application.
All sections of this chapter which include WAC 296-304-100 in this section number apply to ship's machinery and piping systems and sections WAC 296-304-10001 to 296-304-10007 apply only to shipbuilding and ship repairing.
[Order 74-25, § 296-304-100, filed 5/7/74.]
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296-304-10001
Ship's boilers.
(1) Before work is performed in the fire, steam, or water spaces of a boiler where employees may be subject to injury from the direct escape of a high temperature medium, such as steam, or water, oil, or other medium at a high temperature entering from an interconnecting system, the employer shall insure that the following steps are taken:
(a) The isolation and shutoff valves connecting the dead boiler with the live system or systems shall be secured, blanked, and tagged indicating that employees are working in the boiler. This tag shall not be removed nor the valves unblanked until it is determined that this may be done without creating a hazard to the employees working in the boiler, or until the work in the boiler is completed. Where valves are welded instead of bolted at least two isolation and shutoff valves connecting the dead boiler with the live system or systems shall be secured, locked and tagged.
(b) Drain connections to atmosphere on all of the dead interconnecting systems shall be opened for visual observation of drainage.
(d) A warning sign calling attention to the fact that employees are working in the boilers shall be hung in a conspicuous location in the engine room. This sign shall not be removed until it is determined that the work is completed and all employees are out of the boilers.
[Order 74-25, § 296-304-10001, filed 5/7/74.]
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296-304-10003
Ship's piping systems.
Before work is performed on a valve, fitting, or section of piping in a piping system where employees may be subject to injury from the direct escape of steam, or water, oil, or other medium at a high temperature, the employer shall insure that the following steps are taken:
(1) The isolation and shutoff valves connecting the dead system with the live system or systems shall be secured, blanked, and tagged indicating that employees are working on the systems. This tag shall not be removed nor the valves unblanked until it is determined that this may be done without creating a hazard to the employees working on the system, or until the work on the system is completed. Where valves are welded instead of bolted at least two isolation and shutoff valves connecting the dead system with the live system or systems shall be secured, locked, and tagged.
(2) Drain connections to the atmosphere on all of the dead interconnecting systems shall be opened for visual observation of drainage.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-04-099, § 296-304-10003, filed 2/4/03, effective 8/1/03; Order 74-25, § 296-304-10003, filed 5/7/74.]
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296-304-10005
Ship's propulsion machinery.
(1) Before work is performed on the main engine, reduction gear, or connecting accessories, the employer shall ensure that the following steps are taken:
(a) The jacking gear shall be engaged to prevent the main engine from turning over. A sign shall be posted at the throttle indicating that the jacking gear is engaged. This sign shall not be removed until the jacking gear can be safely disengaged.
(b) If the jacking gear is steam driven, the stop valves to the jacking gear shall be secured, locked, and tagged indicating that employees are working on the main engine.
(c) If the jacking gear is electrically driven, the circuit controlling the jacking gear shall be deenergized by tripping the circuit breaker, opening the switch or removing the fuse, whichever is appropriate. The breaker, switch, or fuse location shall be tagged indicating that employees are working on the main engine.
(2) Before the jacking engine is operated, the following precautions shall be taken:
(a) A check shall be made to ensure that all employees, equipment, and tools are clear of the engine, reduction gear, and its connecting accessories.
(b) A check shall be made to ensure that all employees, equipment and tools are free of the propeller.
(3) Before work is started on or in the immediate vicinity of the propeller, a warning sign calling attention to the fact that employees are working in that area shall be hung in a conspicuous location in the engine room. This sign shall not be removed until it is determined that the work is completed and all employees are free of the propeller.
(4) Before the main engine is turned over (e.g., when warming up before departure or testing after an overhaul) a check shall be made to ensure that all employees, equipment, and tools are free of the propeller.
[Order 76-7, § 296-304-10005, filed 3/1/76; Order 74-25, § 296-304-10005, filed 5/7/74.]
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296-304-10007
Ship's deck machinery.
(1) Before work is performed on the anchor windlass or any of its attached accessories, the employer shall ensure that the following steps are taken:
(a) The devil claws (also known as chain toppers) shall be made fast to the anchor chains.
(b) The riding pawls shall be in the engaged position.
(c) In the absence of devil claws and riding pawls, the anchor chains shall be secured to a suitable fixed structure of the vessel.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-04-099, § 296-304-10007, filed 2/4/03, effective 8/1/03; Order 74-25, § 296-304-10007, filed 5/7/74.]
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296-304-110
Portable, unfired pressure vessels, drums and containers, other than ship's equipment — Scope and application.
All sections of this chapter which include WAC 296-304-110 in the section number apply to portable, unfired pressure vessels, drums and containers, other than ship's equipment and WAC 296-304-11001 to 296-304-11003 applies only to shipbuilding and ship repairing.
[Order 74-25, § 296-304-110, filed 5/7/74.]
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296-304-11001
Portable air receivers and other unfired pressure vessels.
(1) Portable, unfired pressure vessels, built after the effective date of this regulation, shall be marked and reported indicating that they have been designed and constructed to meet the standards of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Unfired Pressure Vessels, 1963. They shall be subjected to a hydrostatic pressure test of one and one-half times the working pressure of the vessels.
(2) Portable, unfired pressure vessels, not built to the code requirements of (1) of this section, and built prior to the effective date of this regulation, shall be examined quarterly by a competent person, and approved by the state boiler inspecting division. They shall be subjected yearly to a hydrostatic pressure test of one and one-half times the working pressure of the vessels.
(3) The relief valves on the portable, unfired pressure vessels in (1) and (2) of this section shall be set to the safe working pressure of the vessels, or set to the lowest safe working pressure of the systems, whichever is lower.
(4) A record of such examinations and tests made in compliance with the requirements of (1) and (2) of this section shall be maintained.
[Order 74-25, § 296-304-11001, filed 5/7/74.]
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296-304-11003
Drums and containers.
(1) Shipping drums and containers shall not be pressurized to remove their contents.
(2) A temporarily assembled pressurized piping system conveying hazardous liquids or gases shall be provided with a relief valve and by-pass to prevent rupture of the system and the escape of such hazardous liquids or gases.
(3) Pressure vessels, drums and containers containing toxic or flammable liquids or gases shall not be stored or used where they are subject to open flame, hot metal, or other sources of artificial heat.
(4) Unless pressure vessels, drums and containers of 30 gallon capacity or over containing flammable or toxic liquids or gases are placed in an out-of-the-way area where they will not be subject to physical injury from an outside source, barriers or guards shall be erected to protect them from such physical injury.
(5) Containers of 55 gallons or more capacity containing flammable or toxic liquid shall be surrounded by dikes or pans which enclose a volume equal to at least 25 percent of the total volume of the containers.
(6) Fire extinguishers adequate in number and suitable for the hazard shall be provided. These extinguishers shall be located in the immediate area where pressure vessels, drums and containers containing flammable liquids or gases are stored or in use. Such extinguishers shall be ready for use at all times.
[Order 74-25, § 296-304-11003, filed 5/7/74.]
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296-304-120
Electrical machinery — Electrical circuits and distribution boards.
(1) Before an employee is permitted to work on an electrical circuit, except when the circuit must remain energized for testing and adjusting, the circuit shall be deenergized and checked at the point at which the work is to be done to insure that it is actually deenergized. When testing or adjusting an energized circuit a rubber mat, duck board, or other suitable insulation shall be used underfoot where an insulated deck does not exist.
(2) Deenergizing the circuit shall be accomplished by opening the circuit breaker, opening the switch, or removing the fuse, whichever method is appropriate. The circuit breaker, switch, or fuse location shall be tagged to indicate that an employee is working on the circuit. Such tags shall not be removed nor the circuit energized until it is definitely determined that the work on the circuit has been completed.
(3) When work is performed immediately adjacent to an open-front energized board or in back of an energized board, the board shall be covered or some other equally safe means shall be used to prevent contact with any of the energized parts.
Note: WAC 296-304-120 is applicable only to shipbuilding and ship repairing.
[Order 74-25, § 296-304-120, filed 5/7/74.]
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296-304-130
Gear certification — General provisions.
All sections of this chapter which include WAC 296-304-130 in the section number apply to gear certification.
[Order 74-25, § 296-304-130, filed 5/7/74.]
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296-304-13001
Purpose and scope.
(1) The regulations in this part implement WAC 296-304-07001 through 296-304-07013. They provide procedures and standards governing accreditation of persons by the department of labor and industries, for the purpose of certificating shore-based material handling devices, and the manner in which such certification shall be performed.
(2) Accreditation is not required, and the regulations of this part are not applicable, under the following circumstances:
(a) Persons not required to be accredited for gear certification purposes, may, nevertheless, apply for and receive accreditation by the department of labor and industries. The appropriate portions of this section shall apply to persons accredited except insofar as exemptions may be granted.
[Order 74-25, § 296-304-13001, filed 5/7/74.]
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296-304-13003
Definitions of terms.
(1) "Vessel" means every description of watercraft or other artificial contrivance used or capable of being used, as a means of transportation on water, including special-purpose floating structures not primarily designed for or used as a means of transportation on water.
(2) Except as otherwise noted, "cargo gear," as used in WAC 296-304-140 through 296-304-17023, includes that gear forming a part of a vessel's equipment which is used for the handling of cargo other than bulk liquids, but does not include gear which is used only for handling or holding hoses, handling ships' stores, handling the gangway, or boom conveyor belt systems for the self-unloading of bulk cargo vessels.
(3) With reference to equipment covered by this section.
(a) "Derrick" means --
(i) When applied to vessels' cargo handling gear, a mechanical device for lifting, including a boom which is suspended at its head by a topping lift from a mast, king post, or similar structure, controlled in the horizontal plane by vangs, and used either singly or in pairs with married falls;
(ii) When applied to shore-based material handling devices, a mechanical device intended for lifting, with or without a boom supported at its head by a topping lift from a mast, fixed A frame, or similar structure. The mast or equivalent member may or may not be supported by guys or braces. The boom, where fitted, may or may not be controlled in the horizontal plane by guys (vangs). The term includes shear legs.
(b) "Crane" means a mechanical device intended for lifting or lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. A crane may be a fixed or mobile machine.
(c) "Bulk cargo spout" means a spout, which may or may not be telescopic and may or may not have removable sections, but is suspended over the vessel from some overhead structure by wire rope or other means. Such a spout is often used with a "thrower" or "trimming machine." A grain loading spout is an example of those covered by this definition.
(d) "Bulk cargo sucker" means a pneumatic conveyor which utilizes a spout-like device, which may be adjustable vertically and/or laterally, and which is suspended over a vessel from some overhead structure by wire rope or other means. An example of an installation of this nature is the "grain sucker" used to discharge grain from barges.
(4) "Director" means the director of the department of labor and industries, or his authorized representative.
(5) "Bureau" means the Bureau of Labor Standards, U.S. Department of Labor.
(6) "Person" includes any individual, partnership, corporation, agency, association, or organization.
(7) "Competent person" means:
(a) An individual qualified to perform gear certification functions with respect to vessels' cargo handling gear, as specifically set forth in WAC 296-304-17023.
(b) An individual qualified under the provisions of WAC 296-304-180 through 296-304-18003 and 296-304-190 through 296-304-19001 to perform gear certification functions with respect to shore-based material handling devices.
(8) "Ton" means a ton of 2,240 pounds when applied to vessels' cargo handling gear, and a ton of 2,000 pounds when applied to shore-based material handling devices or to shore-type cranes permanently mounted aboard barges or other vessels employed in domestic trade and designed on the basis of the 2,000-pound ton. Capacity ratings may be stated in pounds.
(9) "Nondestructive" examination means examination of structure or parts by electronic, ultrasonic, or other nondestructive examination suitable for the purpose.
[Order 74-25, § 296-304-13003, filed 5/7/74.]
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296-304-140
Procedure governing accreditation — Scope and application.
All sections of this chapter which include WAC 296-304-140 in the section number apply to procedure governing accreditation.
[Order 74-25, § 296-304-140, filed 5/7/74.]
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296-304-14001
Application for accreditation.
(1) Application. Any person seeking accreditation shall file an original and duplicate copy of an application for accreditation with the director of the department of labor and industries, on a form provided by the department of labor and industries, for this purpose. Each application shall be signed and certified by the applicant and, if the applicant is an agency or organization, by a responsible officer of such agency or organization.
(2) Contents of application. The application form shall include the following information:
(a) A statement detailing the applicable types of work performed by the applicant in the past, noting the amount and extent of such work performed within the previous three years, listing representative vessels involved, and including representative job orders if available, or equivalent evidence;
(b) Descriptive details concerning any testing instruments and heat treatment furnaces which are to be used in conducting required tests or heat treatments. Test reports indicating that instruments meet the accuracy standards set forth in this section shall be included;
(c) A list setting forth the ports in which applicant currently conducts his business as well as those in which he proposes to conduct gear certification activities;
(d) A list of the applicant's responsible qualified personnel, both supervisory and managerial and including any surveyors, with resumes of their individual experience in the testing, examination, inspection and heat treatment of cargo gear. Such list shall include any branch office personnel or surveyors appointed to act in the applicant's behalf in any of the ports of the United States: Provided, however, That where the submission of individual resumes would be unduly burdensome because of the large number of persons engaged in the applicant's behalf, the applicant, after stating this fact, need only submit a list of its personnel together with a detailed statement of the qualifications upon which the appointment of surveyors is bases;
(e) Names of at least three business references who will furnish information regarding work performed by the applicant;
(f) Any additional information the applicant deems to be pertinent.
[Order 74-25, § 296-304-14001, filed 5/7/74.]
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296-304-14003
Action upon application.
(1) Upon receipt of an application for accreditation, the director shall approve or deny the application. The director may conduct an investigation, which may include a hearing, prior to approving or denying an application. To the extent he deems appropriate, the director may provide an opportunity to other interested persons to present data and views on the application prior to approval or denial.
(2) Any application which fails to present the information required by the prescribed form may be returned to the applicant with a notation of deficiencies and without prejudice to submission of a new or revised application.
(3) If the application is approved, notice of approval shall be mailed to the applicant. If the application is denied, notice of such denial shall be mailed to the applicant and such denial shall be without prejudice to any subsequent application except where such action is deemed to be in the public interest. In the event an application is denied with prejudice, the provisions of WAC 296-304-14013 shall be applicable.
(4) A copy of the notice of accreditation shall be kept on file by applicant at the applicant's place of business.
[Order 74-25, § 296-304-14003, filed 5/7/74.]
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296-304-14005
Duration and renewal of accreditation.
The period of accreditation shall not exceed three years. Applications for renewal of accreditation shall be made on the same form as described in WAC 296-304-14001. No accreditation shall expire until action on an application for renewal shall have been finally determined: Provided, That such application has been properly executed in accordance with WAC 296-304-14001 and filed with and received by the director not less than 15 nor more than 60 days prior to the expiration date. A final determination means either the approval or initial denial of the application for renewal. The procedure specified in WAC 296-304-14003 shall be applicable to all applications for renewal.
[Order 74-25, § 296-304-14005, filed 5/7/74.]
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296-304-14007
Criteria governing accreditation to certificate vessels' cargo gear.
(1) A person applying for accreditation to issue registers and pertinent certificates, to maintain registers and appropriate records, and to conduct initial, annual and quadrennial surveys, shall not be accredited unless he is engaged in one or more of the following activities:
(a) Classification of vessels;
(b) Certification of vessels' cargo gear;
(c) Shipbuilding or ship repairing, or both insofar as related to work on vessels' cargo handling gear;
(d) Unit and loose gear testing of vessels' cargo handling gear.
(2) Applicants for accreditation under WAC 296-304-14007(1) for operations in coastal or Great Lakes ports who come within WAC 296-304-14007 (1)(b) or (d) shall not be accredited unless they conduct at least 1,500 hours of cargo gear certification work per year.
(3) A person applying for accreditation to carry out tests of loose gear or wire rope, or both, or to carry out heat treatments, and to issue the related certificates, shall be engaged in one or both of the following activities:
(a) Testing of loose gear or wire rope, or both;
(b) Heat treatment of chains and loose cargo gear.
(4) A person applying for accreditation shall be staffed by individuals technically qualified to conduct the inspections and examinations and to conduct or supervise tests and heat treatments prescribed in this part. Any representatives, agents or surveyors acting on behalf of a person applying for accreditation in ports in which such operations are conducted shall be similarly qualified.
(a) Accreditation to conduct such nondestructive examination as may be a part of any certification activity may be granted to applicants found competent and equipped to carry out this activity.
(5) Except as noted in WAC 296-304-13501(3), and unless exemptions are granted under WAC 296-304-15001(8), a person applying for accreditation as specified in WAC 296-304-14007(1) shall be prepared to carry out all of the requirements of WAC 296-304-150 through 296-304-15005, 296-304-160 through 296-304-16025, and 296-304-170 through 296-304-17023 except that loose gear and wire rope tests and heat treatments may be carried out by the manufacturer of the gear concerned or by another person accredited specifically for this purpose.
(6) A person applying for accreditation shall have a satisfactory record of performance.
[Order 74-25, § 296-304-14007, filed 5/7/74.]
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296-304-14009
Voluntary amendment or termination of accreditation.
The accreditation of any person may be voluntarily amended or terminated upon written request filed with the director.
[Order 74-25, § 296-304-14009, filed 5/7/74.]
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296-304-14011
Suspension or revocation of accreditation.
The director may suspend or revoke an accreditation of any person for cause. Except in cases of willfulness or cases in which the public interest requires otherwise, before any accreditation is suspended or revoked facts or conduct which may warrant such action shall be called to the attention of the person involved in writing and that person shall be afforded an opportunity to achieve or demonstrate appropriate compliance.
[Order 74-25, § 296-304-14011, filed 5/7/74.]
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296-304-14013
Reconsideration and review.
(1) Any person aggrieved by the action of the director or his authorized representative in denying, granting, suspending or revoking an accreditation under this section may within 15 days after such action, (a) file a written request for reconsideration thereof by the director or the authorized representative of the director who made the decision in the first instance, or (b) file a written request for review of the decision by the director or an authorized representative of the director, who has taken no part in the action which is the subject for review.
(2) A request for reconsideration shall be granted where the applicant shows that there is additional evidence which may materially affect the decision and that there were reasonable grounds for failure to adduce such evidence in the original proceedings.
(3) Any person aggrieved by the action of the director or authorized representative of the director in denying a request for reconsideration may, within 15 days after the denial of such request, file with the director or his authorized representative a written request for review.
(4) Any person aggrieved by the reconsidered determination of the director or authorized representative of the director, may within 15 days after such determination, file with the director a written request for review.
(5) A request for review shall be granted where reasonable grounds for the review are set forth in the request.
(6) If a request for reconsideration or review is granted, all interested persons shall be afforded an opportunity to present their views.
(7) No cargo gear certification function shall be performed by any person seeking reconsideration or review under this section pending the final decision with respect to such reconsideration or review.
[Order 74-25, § 296-304-14013, filed 5/7/74.]
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296-304-150
Duties of persons accredited to certificate vessels' cargo gear — Scope and application.
All sections of this chapter which include WAC 296-304-150 in the section number apply to duties of persons accredited to certificate vessels' cargo gear.
[Order 74-25, § 296-304-150, filed 5/7/74.]
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296-304-15001
General duties — Exemptions.
(1) Except as noted in WAC 296-304-13501 and 296-304-15001(8), the requirements set forth in WAC 296-304-160 through 296-304-16025 and 296-304-170 through 296-304-17023 shall be strictly adhered to in all testing, examinations, inspections and heat treatments.
(2) Supervision of all testing, examinations, inspections, and heat treatments shall be carried out only by such persons as are listed in the application for accreditation or subsequent supplements thereto, submitted pursuant to this section.
(3) The certificates issued by an accredited person shall be signed and all register entries made only by an authorized agent of such accredited person. No certification shall be issued until any deficiencies considered by the accredited person to constitute a currently unsatisfactory condition have been corrected. Replacement parts shall be of equal or better quality as original equipment and suitable for the purpose. In the event deficiencies remain uncorrected and no certification may therefore be issued, the accredited person shall inform the nearest district office of the department of labor and industries of the circumstances.
(4) Dynamometers or other recording test equipment owned by an accredited person shall have been tested for accuracy within the six months next preceding application for accreditation or renewal of same. Such test shall be performed with calibrating equipment which has been checked in turn so that indications are traceable to the U.S. Bureau of Standards. A copy of test reports shall accompany the application. Where test equipment is not the property of the accredited person, that person shall not issue any certificate based upon the use of such equipment unless its owner has made available a certificate of accuracy based on the requirements of this section, obtained within 1 year prior to such use, and stating the errors of the equipment. Reasonable standards of accuracy shall be met and proof loads adjusted as necessary.
(5) An accredited person shall, upon request, provide the nearest local office of the department of labor and industries with advance information as to scheduled testing or of such other functions as are performed and facilitate the department of labor and industries observation of any such activities as it may desire to witness: Provided, however, That tests need not be delayed, except when specifically requested by the department of labor and industries under unusual circumstances.
(6) All cargo gear registers or certificates issued by an accredited person shall be made on forms prescribed or approved by the department of labor and industries.
(7) Unless otherwise instructed by the director in specific instances, any person accredited under WAC 296-304-14007(1) shall accept certificates relating to loose gear or wire rope tests or to heat treatments which are issued by the manufacturer of the gear concerned, by another person accredited specifically by the director for this purpose, or by any other person whose certificates are acceptable to the department of labor and industries. Such certificates shall either be attached as a part of the vessel's certification or shall be used as the basis for the issuance of the accredited person's own loose gear, wire rope, or heat treatment certificates. In the latter case, the original certificates shall be kept on file by the accredited person as part of the permanent record of the vessel concerned. (continued)