Washington state’s requirements regarding HazCom are mostly equivalent to the federal OSHA regulations; however, the state includes some regulatory information that differs or goes beyond the federal requirements.
Click the link(s) below to view the applicable requirements.
Hazard communication
Citations
Washington:
WAC 296-62-500 Hazardous drugs
WAC 296-63 Right to know fee assessment
WAC 296-800-180 Safety data sheets (SDSs) as exposure records
WAC 296-901 Globally harmonized system for hazard communication
RCW 49.70 Worker and community right to know act
Federal: 29 CFR 1910.1200 and Appendices A through E
A summary of the differences includes the following:
- Under its Right to Know Fee Assessment (WAC 296-63), Washington state assesses an annual fee to each employer in the selected industries identified in WAC 296-63-003. All fees collected are deposited in the worker and community right to know fund.
- Washington state offers translation services by request, according to WAC 296-901-14014.
- Washington state says at WAC 296-901-14016 that written HazCom programs must be made available to several entities upon request, including employees, employee representatives, the Dept. of Labor and Industries, and National Institute for Occupational Safety and Health (NIOSH).
- WAC 296-901-14018 directs manufacturers, importers, and employers to follow WAC 296-900-170 when appealing a citation for “failure to release trade secret information.”
- Washington state specifically says at WAC 296-901-14024 B.2.2 that “aerosols must not be classified as flammable gases.” Federal OSHA uses the word “should” instead of “must.”
- Washington state is more stringent about evaluating tumors at WAC 296-901-14032 because it uses the word “must” instead of the word “should.”
- Washington state’s regulations at appendix C.2.3.3 say, “Where a pictogram required by the Department of Transportation under Title 49 of the Code of Federal Regulations appears on a shipped container, the pictogram specified in C.4 for the same hazard must not appear.” Federal OSHA states at 1910.1200((f)(5)(iii), “Where a pictogram required by the Department of Transportation until title 49 of the Code of Federal Regulations appears on a shipped container, the pictogram specified in appendix C.4 to this section [1910.1200] for the same hazard is not required on the label.”
- Hazardous drugs are covered by WAC 296-800-170 and WAC 296-62-500, and employers must follow the most protective requirement of the two where there is conflict.
