WAC 296-78-515   Management's responsibility.  (1) It shall be the responsibility of management to establish, supervise, and enforce, in a manner which is effective in practice:

     (a) A safe and healthful working environment.

     (b) An accident prevention program as required by these standards.

     (c) Training programs to improve the skill and competency of all employees in the field of occupational safety and health. Such training shall include the on-the-job instructions on the safe use of powered materials handling equipment, machine tool operations, use of toxic materials and operation of utility systems prior to assignments to jobs involving such exposures.

     (2) The employer shall develop and maintain a chemical hazard communication program as required by WAC 296-800-170, which will provide information to all employees relative to hazardous chemicals or substances to which they are exposed, or may become exposed, in the course of their employment.

     (3) Management shall not assign mechanics, millwrights, or other persons to work on equipment by themselves when there is a probability that the person could fall from elevated work locations or equipment or that a person could be pinned down by heavy parts or equipment so that they could not call for or obtain assistance if the need arises.

Note: This subsection does not apply to operators of motor vehicles, watchperson or certain other jobs which, by their nature, are singular employee assignments. However, a definite procedure for checking the welfare of all employees during their working hours shall be instituted and all employees so advised.

     (4) After the emergency actions following accidents that cause serious injuries that have immediate symptoms, a preliminary investigation of the cause of the accident shall be conducted. The investigation shall be conducted by a person designated by the employer, the immediate supervisor of the injured employee, witnesses, employee representative if available and any other person with the special expertise required to evaluate the facts relating to the cause of the accident. The findings of the investigation shall be documented by the employer for reference at any following formal investigation.

     (5) Reporting of fatality or hospitalization incidents.

     (a) Within eight hours after the fatality or probable fatality of any employee from a work-related incident or the inpatient hospitalization of any employee as a result of a work-related incident, the employer of any employees so affected shall report the fatality/hospitalization by telephone or in person, to the nearest office of the department or by using the OSHA toll-free central telephone number, 1-800-321-6742.

     (i) This requirement applies to each such fatality or hospitalization which occurs within thirty days of the incident.

     (ii) Exception: If any employer does not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under this subsection, the employer shall make a report within eight hours of the time the incident is reported to any agent or employee of the employer.

     (iii) Each report required by this subsection shall relate the following information: Establishment name, location of the incident, time of the incident, number of fatalities or hospitalized employees, contact person, phone number, and a brief description of the incident.

     (b) Equipment involved in an incident resulting in an immediate or probable fatality or in the in-patient hospitalization of any employee, shall not be moved, until a representative of the department investigates the incident and releases such equipment, except where removal is essential to prevent further incident. Where necessary to remove the victim, such equipment may be moved only to the extent of making possible such removal.

     (c) Upon arrival of a department investigator, employer shall assign to assist the investigator, the immediate supervisor and all employees who were witnesses to the incident, or whoever the investigator deems necessary to complete the investigation.

     (6) A system for maintaining records of occupational injuries and illnesses as prescribed by chapter 296-27 WAC.


Note: Recordable cases include:
(a) Every occupational death.
(b) Every industrial illness.
(c) Every occupational injury that involves one of the following:
(i) Unconsciousness.
(ii) Inability to perform all phases of regular job.
(iii) Inability to work full time on regular job.
(iv) Temporary assignment to another job.
(v) Medical treatment beyond first aid.

     All employers with eleven or more employees shall record occupational injury and illness information on forms OSHA 101 - supplementary record occupational injuries and illnesses and OSHA 200 - log and summary. Forms other than OSHA 101 may be substituted for the supplementary record of occupational injuries and illnesses if they contain the same items.

     (7) Personal protective equipment required by this standard shall be provided at no cost to employees.



[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 09-05-071, § 296-78-515, filed 2/17/09, effective 4/1/09; 08-05-012, § 296-78-515, filed 2/8/08, effective 4/1/08. Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 . 01-11-038, § 296-78-515, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 94-20-057 (Order 94-16), § 296-78-515, filed 9/30/94, effective 11/20/94; 91-24-017 (Order 91-07), § 296-78-515, filed 11/22/91, effective 12/24/91; 89-11-035 (Order 89-03), § 296-78-515, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), § 296-78-515, filed 8/27/81.]