[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.124]

[Page 39-40]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1952--APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS--Table of Contents
 
                          Subpart F--Washington
 
Sec. 1952.124  Completion of developmental steps and certification.

    (a) In accordance with the requirements of Sec. 1952.123(a) the 
Washington Industrial Safety and Health Act of 1973, hereinafter 
referred to as WISHA (S.B. 2386, RCW chapter 49.17), signed by the 
Governor on March 9, 1973, effective on June 7, 1973, was approved July 
3, 1974 (39 FR 25326).
    (b) In accordance with the requirements of Sec. 1952.10, the 
Washington State Poster submitted on October 6, 1975, was approved by 
the Assistant Secretary on December 17, 1975. In accordance with the 
State's formal assurance, the poster was revised, effective June 1, 
1982, to specify that public employees can only file discrimination 
complaints with the State because Federal jurisdiction under section 
11(c) of the Act does not apply to State public employees. This revised 
poster was approved by the Assistant Secretary on August 3, 1983.

[[Page 40]]

    (c) The Washington State Compliance Operations Manual, modeled after 
the Federal Field Operations Manual, was developed by the State and was 
approved by the Assistant Secretary on March 19, 1976. The manual was 
subsequently revised on July 23, October 20, and December 1980, and was 
approved by the Assistant Secretary on January 26, 1982. A March 1, 
1983, revision to the manual which provided clarification of the 
difference between temporary and permanent variances in accordance with 
State formal assurances was approved by the Assistant Secretary on 
August 3, 1983.
    (d) In accordance with Sec. 1952.123(c), Washington regulations 
covering Reassumption of Jurisdiction were adopted by June 7, 1974, and 
were approved by the Assistant Secretary on March 19, 1976.
    (e) In accordance with Sec. 1952.123(e) Washington has completed the 
training as described in this section.
    (f) In accordance with Sec. 1952.123(d) Washington has developed and 
implemented a computerized Management Information System.
    (g) In accordance with Sec. 1952.123(f) Washington has completed the 
upgrading of salaries of safety personnel.
    (h) In accordance with Sec. 1952.123(c) Washington has adopted rules 
and regulations covering recordkeeping and reporting requirements.
    (i) An industrial hygiene operations manual, effective March 1, 
1980, with revisions effective July 1 and September 21, 1981, modeled 
after the Federal manual was approved by the Assistant Secretary on 
January 26, 1982.
    (j) In accordance with Sec. 1952.123(c), the Washington Department 
of Labor and Industries adopted administrative regulations providing 
procedures for conduct and scheduling of inspections, extension of 
abatement dates, variances, employee complaints of hazards and 
discrimination, posting of citations and notices, effective May 14, 
1975, and revisions effective December 31, 1980, and July 22, 1981. 
Likewise, the Washington Board of Industrial Insurance Appeals adopted 
rules effective April 4, 1975, governing practice and procedure for 
contested cases with revision effective March 26, 1976. These 
regulations and rules were approved by the Assistant Secretary on 
January 26, 1982. In accordance with State formal assurances the State 
added provision to the regulations effective July 11, 1982, to require 
posting of redetermination notices, settlements, notices related to 
appeals; deleting an incorrect reference to administrative hearing 
procedures used in workers compensation cases; requiring settlement 
agreements to address abatement dates and penalty payments; and deleting 
a requirement to put discrimination complaints in writing. These changes 
were approved by the Assistant Secretary on August 3, 1983.
    (k) In accordance with Sec. 1902.34 of this chapter, the Washington 
occupational safety and health plan was certified effective January 26, 
1982, as having completed all developmental steps specified in the plan 
as approved on January 26, 1973 on or before January 26, 1976. This 
certification attests to structural completion, but does not render 
judgment on adequacy of performance.

[40 FR 59345, Dec. 23, 1975, as amended at 41 FR 12655, Mar. 26, 1976; 
41 FR 17549, Apr. 27, 1976; 41 FR 23672, June 11, 1976; 41 FR 51016, 
Nov. 19, 1976; 47 FR 5889, 5891, Feb. 9, 1982; 48 FR 37025, Aug. 16, 
1983]