Updated on 11/1/22
Effective Date: October 22, 2022
This rule created a new chapter, refinery worker training and certification in high-hazard facilities, implementing the advanced safety training requirements under chapter 49.80 RCW, adopted by the Washington State legislature in 2019. Chapter 49.80 RCW, requires owners of petroleum refining or petrochemical manufacturing facilities to use a skilled and trained workforce when contracting for construction, alteration, demolition, installation, repair, or maintenance work. All workers in the skilled and trained workforce must have completed at least 20 hours of approved advanced safety training for workers at high-hazard facilities within the past three calendar years. This adoption includes requirements for advanced safety training certification for workers, a curriculum for in-person classroom and laboratory instruction, and approval of training providers.
Delayed enforcement policies will be used to ensure employers have adequate time to train all employees as required. Per WAC 296-71-010(1)(b), Skilled and trained workforce requirements, employers will have six months after the effective date of this rulemaking for a skilled and trained workforce to complete their 20-hour training.
Following the filing of this rule on September 21, 2022, the Department of Labor & Industries (L&I) received questions regarding the craft-specific training section of Appendix A. L&I is currently in the process of updating Appendix A. The rule is still effective as of October 22, 2022, but L&I is asking that training providers in the process of preparing curriculum await further updates regarding changes to Appendix A.
For additional information about this rule, please visit the High Hazard Facilities Certification page.
UPDATE
On October 21, 2022, the Department of Labor & Industries (L&I) sent out a message in response to questions received about the craft-specific training section of Appendix A and indicated that L&I would be working to make updates to Appendix A. Those updates are currently underway, and we ask that while we work to make the updates as quickly as possible, training providers in the process of preparing the curriculum continue awaiting further updates regarding changes to Appendix A.
Per WAC 296-71-010(1)(b), Skilled and trained workforce requirements, contractors working at refineries must have all their workers trained by April 22, 2022 (six months from the effective date of the rule adoption date). In response to the changes being made to Appendix A, and to account for the timing of these changes, L&I is announcing that contractors will now have 12 months to meet this requirement. L&I will not take enforcement action related to the 20-hour training requirement until October 22, 2023.
Please note that contractors do not have to delay completion of the training requirement to 12 months but rather are being given the option to do so. The extension of the timeline is intended to help address any concerns about contractors working to meet the current six-month deadline and for training providers who are working to get curriculum approved.
For additional information about this rule, please visit the High Hazard Facilities Certification page.