Wash. Admin. Code § 296-35-300

Current through Register Vol. 24-23, December 1, 2024

Section 296-35-300 - Quota-Violations of WISHA

(1) A quota violates chapter 49.17 RCW if the quota:

(a) Does not provide sufficient time as required under WAC 296-35-200;

(b) Prevents the performance of any activity related to occupational safety and health required by the employer for the employee to do the work subject to any quota; or

(c) Exposes an employee to occupational safety and health hazards in violation of chapter 49.17 RCW and the applicable rules or regulations. A quota that substantially contributes to a hazard or the exposure to a hazard is a violation of this subsection.

(2) An employee is not required to meet a quota that violates this section.

(3) The following table is a nonexhaustive list of examples of activities or equipment for use in understanding this section and how to determine what may contribute to a quota being found in violation of chapter 49.84 RCW or this chapter.

Examples	WAC Reference (Where applicable)
Examples of tools and equipment necessary to perform the employee's duties in WAC 296-35-200 including, but not limited to:
Carts and hand trucks.	WAC 296-800-11030 Prohibit employees from using tools and equipment that are not safe.
Step stools and ladders.	Chapter 296-876 WAC, Ladders, portable and fixed.
Dock plates.	WAC 296-24-75006 Dockboards (bridge plates).
Safety shoes.	WAC 296-800-160600 Make sure your employees use appropriate foot protection.
High visibility vests.	WAC 296-800-16015 Select appropriate PPE for your employees.
Examples of safety or health related activities mentioned in WAC 296-35-300 (1)(b).
Cleaning up spills or moving obstructions from aisles.	WAC 296-24-73505, walking working surfaces general requirements.
Inspecting powered industrial vehicle before use.	Chapter 296-863 WAC, Forklifts and other powered industrial trucks.
Setting up ladders properly.	Chapter 296-876 WAC, Ladders, portable and fixed.
Waiting for help with team lifting.	WAC 296-800-11035 Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice.
Examples of where the quota exposes employees to an occupational safety and health hazards under WAC 296-35-300 (1)(c).
Heat stress.	WAC 296-800-11005 Provide a workplace free from recognized hazards. WAC 296-62-09013 Temperature, radiant heat, or temperature humidity combinations.
Unsafe floor conditions, rushing (slip/trip/fall).	WAC 296-24-73505, walking working surfaces general requirements.
Manual material handling.	WAC 296-800-11005 Provide a workplace free from recognized hazards.
Powered industrial vehicle operations.	Chapter 296-863 WAC, Forklifts and other powered industrial trucks.
Safe material storage.	WAC 296-800-22035 Store things safely.
Machine safety.	Chapter 296-806 WAC, Safety standards for machine safety.
Lockout/tagout.	Chapter 296-803 WAC, Lockout/tagout (control of hazardous energy).
Recognized ergonomic hazards.	WAC 296-800-11005 Provide a workplace free from recognized hazards.

Wash. Admin. Code § 296-35-300

Adopted by WSR 24-12-048, Filed 5/31/2024, effective 7/1/2024