wa-26-20-090: Labor and Industries, Department of — WSR 26-20-090

WSR 26-20-090 (26-20)WSR 26-20-090PROPOSED RULESDEPARTMENT OFLABOR AND INDUSTRIES[Order 26-08—Filed October 6, 2026, 8:57 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-12-070.Title of Rule and Other Identifying Information: WAC 296-155-200 General requirements for personal protective equipment (PPE)—Construction.Hearing Location(s): On November 10, 2026, at 1:30 p.m., via Teams at https://teams.microsoft.com/meet/219726380227288?p=4MeG0bLnwwACGEaH62; or join by phone (audio only) at 253-372-2181, Phone Conference ID 386 683 955#. A prehearing overview will begin at 1:00 p.m. The hearing will begin at 1:30 p.m. and will continue until all oral comments are received; and On November 16, 2026, at 11:00 a.m., via Teams at https://teams.microsoft.com/meet/260809606954134?p=z50WcdDcDMn4QtJMbY; or join by phone (audio only) at 253-372-2181, Phone Conference ID 215 502 291#. A prehearing overview will begin at 10:30 a.m. The hearing will begin at 11:00 a.m. and will continue until all oral comments are received.Date of Intended Adoption: March 2, 2027.Submit Written Comments to: Tari Enos, Administrative Regulations Analyst, Department of Labor and Industries, Division of Occupational Safety and Health, P.O. Box 44620, Olympia, WA 98504-4620, email Tari.Enos@Lni.wa.gov, fax 360-902-5619, beginning October 7, 2026, 8:00 a.m., by November 23, 2026, 5:00 p.m.Assistance for Persons with Disabilities: Contact Tari Enos, administrative regulations analyst, phone 360-902-5541, fax 360-902-5619, email Tari.Enos@Lni.wa.gov, by October 27, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to align WAC 296-155-200 with the updated requirements of the federal Occupational Safety and Health Administration (OSHA) in 29 C.F.R. § 1926.95, Criteria for personal protective equipment, which became effective on January 13, 2025. OSHA updated its PPE standard for construction to explicitly state that PPE must fit properly to provide appropriate protection to employees from workplace hazards. Improperly fitting PPE may fail to provide protection, reduce effectiveness of protection, present additional hazards, or potentially discourage employees from using PPE in the workplace. This rule-making proposal also addresses housekeeping and formatting issues.Proposed amendments:•Update language to be identical to OSHA's language from 29 C.F.R. § 1926.95(c), stating that PPE must fit properly.•Change "you" to "the employer" where applicable to ensure the appropriate responsible party is identified in the requirements.•Other housekeeping edits, which include typographical errors, updates to resource links, and reformatting.Reasons Supporting Proposal: PPE must fit properly to provide appropriate protection to employees. If PPE does not fit properly, it can make the difference between an employee being safely protected and having inadequate protection or being dangerously exposed. In some cases, ill-fitting PPE may not protect an employee at all; and in other cases, it may present additional hazards to that employee and to employees who work around them. If sleeves of protective clothing are too long or gloves don't fit properly, it may be difficult to use tools or operate equipment, which puts the employee and other workers at risk of exposure to hazards, such as getting caught in machinery.Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060.Statute Being Implemented: Chapter 49.17 RCW.Rule is necessary because of federal law, 29 C.F.R. § 1926.95.Name of Proponent: Department of labor and industries, governmental.Name of Agency Personnel Responsible for Drafting: Thomas West, Tumwater, Washington, 509-237-2372; Implementation and Enforcement: Craig Blackwood, Tumwater, Washington, 360-902-5828.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. Per RCW 34.05.328 (5)(b)(iii), when adopting or incorporating federal rules by reference without material change, no cost-benefit analysis is required. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: 29 C.F.R. § 1926.95, Criteria for personal protective equipment.Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.Explanation of exemptions: The proposed rule is exempt from a small business economic impact statement requirement under RCW 34.05.310 (4)(c) and (d), and 19.85.061 because this rule making is being adopted solely to comply with federal statute or regulations. 29 U.S.C. 667 requires OSHA-approved state plans to have standards and an enforcement program that are at-least-as-effective-as federal OSHA's standards and enforcement program.Scope of exemption for rule proposal:Is fully exempt.October 6, 2026Joel SacksDirectorRDS-7362.2AMENDATORY SECTION(Amending WSR 16-09-085, filed 4/19/16, effective 5/20/16)WAC 296-155-200General requirements for personal protective equipment (PPE).(1) Supplying personal protective equipment.(a) ((You must use))The employer must provide personal protective equipment (PPE) for use wherever physical contact, absorption, or inhalation of a hazard could cause any injury or impairment to the function of any part of the body. These hazards include:((•))(i) Hazardous processes;((•))(ii) Environmental hazards;((•))(iii) Chemical hazards;((•))(iv) Radiological hazards; or((or•))(v) Mechanical irritants.((Note:PPE includes: • Protective equipment for eyes, face, head, hearing, and extremities; • Protective clothing; • Respiratory devices; and • Protective shields and barriers.))(b) ((You))PPE includes:(i) Protective equipment for eyes, face, head, hearing, and extremities;(ii) Protective clothing;(iii) Respiratory devices; and(iv) Protective shields and barriers.(c) The employer must maintain PPE in a sanitary and reliable condition. For requirements on maintaining specific personal protective equipment (PPE), see the following rules:(i) Chapter 296-842 WAC, Respirators; and(ii) Chapter 296-817 WAC, Hearing loss prevention (noise).((Reference:For requirements on maintaining specific personal protective equipment (PPE), see the following rules. • Chapter 296-842 WAC, Respirators; and • Chapter 296-817 WAC, Hearing loss prevention.(c)))(d) If employees provide their own protective equipment, then ((you are))the employer is responsible to make sure the PPE is:((•))(i) Adequate;((•))(ii) Properly maintained; and((and•))(iii) Sanitary.(((d) All personal protective equipment must be of safe design and construction for the work to be performed.))(e) Employers must ensure that all personal protective equipment:(i) Is of safe design and construction for the work to be performed; and(ii) Is selected to ensure that it properly fits each affected employee.(2) Minimum clothing requirements.(a) ((You))The employer must ensure that employees wear at least:((•))(i) A short-sleeved shirt;((•))(ii) Long pants; and((and•))(iii) Shoes that meet the requirements of WAC 296-155-212, Foot protection.Definition:A short-sleeved shirt covers the top of the shoulder and has material extending down the arm. If a short-sleeved shirt has a seam at the end of the shoulder, the material must extend down the arm from the seam.Long pants have legs that extend past the knee when the wearer stands and leaves no exposed skin on the lower leg.(b) Where there is a danger of contact with moving parts of machinery, or the work process is such that a hazard exists:((•))(i) The clothing of employees must fit closely about the body.((•))(ii) Dangling neck wear, bracelets, wristwatches, rings, or similar articles must not be worn by employees. For additional related requirements see WAC 296-155-205, Head protection.((Note:For additional related requirements see WAC 296-155-205, Head protection.))(3) ((You))The employer must require employees to wear appropriate PPE in all operations where:((•))(a) There is an exposure to hazardous conditions; or((or•))(b) WAC 296-155-200, General requirements for personal protective equipment (PPE), indicates a need for using such equipment to reduce the hazards to the employees.(4) Employees must comply with job safety practices and procedures and PPE requirements that are relevant to the job site.(5) High visibility garments.(a) During daylight hours, when employees' duties are performed in close proximity to moving vehicles, you must make sure that employees wear a high-visibility safety vest, shirt, or jacket that is fluorescent yellow-green, fluorescent orange-red, or fluorescent red in color. This garment must always be worn as an outer garment.((Definition:For the purpose of this rule, hours of darkness means from one-half hour before sunset to one-half hour after sunrise.))(b) During hours of darkness from one-half hour before sunset to one-half hour after sunrise, when employees' duties are performed in close proximity to moving vehicles, ((you))the employer must make sure that employees wear, at a minimum, a high-visibility safety vest, shirt, or jacket:((•))(i) Designed according to ANSI/ISEA 107-1999 Class 2 specifications;((•))(ii) Worn as an outer garment; and((and•))(iii) Worn to provide 360 degrees of visibility around the employee.((Note:A high-visibility garment meets Class 2 specifications if the garment: • Has an ANSI "Class 2" label; or • Has at least 775 square inches of background material and 201 square inches of retroflective material that encircles the torso and is placed to provide 360 degrees of visibility around the employee.Note:• Fading and soiling may degrade the high-visibility characteristics of the garments. • ANSI/ISEA 107-1999 is available by: – Purchasing copies of ANSI/ISEA 107-1999 by writing: – American National Standards Institute 11 West 42nd Street New York, NY 10036 or – Contacting the ANSI website at http://web.ansi.org/. or • Reading a copy of ANSI/ISEA 107-1999 at any Washington state library.))(6) A high-visibility garment meets Class 2 specifications if the garment has:(a) An ANSI "Class 2" label; or(b) At least 775 square inches of background material and 201 square inches of retroflective material that encircles the torso and is placed to provide 360 degrees of visibility around the employee.(7) Fading and soiling may degrade the high-visibility characteristics of the garments.(8) ANSI/ISEA 107-1999 is available on the American National Standards Institute (ANSI) website.(9)Payment for PPE. Except as provided in (a) through (e) of this subsection, the protective equipment, including PPE, used to comply with this chapter must be provided by the employer at no cost to employees.(a) ((You are))The employer is not required to pay for nonspecialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and nonspecialty prescription safety eyewear, provided that the employer permits such items to be worn off the job site.(b) When ((you provide))the employer provides metatarsal guards and allows the employee, at their request, to use shoes or boots with built-in metatarsal protection, ((you are))the employer is not required to reimburse the employee for the shoes or boots.(c) ((You are))The employer is not required to pay for:((•))(i) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots;((•))(ii) Ordinary clothing, skin creams, or other items used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.(d) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.(e) Where an employee provides adequate protective equipment they own to meet the requirements of this chapter, ((you))the employer may allow the employee to use it and is not required to reimburse the employee for that equipment. ((You))The employer must not require an employee to provide or pay for their own PPE, unless the PPE is ((excepted))exempted in (a) through (d) of this subsection.