BILL REQ. #:  H-3715.1 

Read first time 01/20/12.   Referred to Committee on Transportation.

     AN ACT Relating to promoting increased safety, efficiency, and accountability in the Washington state ferry system by an improved system of investigation of accidents, incidents, and casualties; adding a new section to chapter 47.60 RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that previous directives to develop a comprehensive incident and accident investigation policy and procedures have not been fully implemented. Seemingly serious machinery casualties and accidents appear not to have been properly investigated and not fully disclosed to the public in a timely manner. The legislature reaffirms the importance, to safe and efficient ferry system operations, of a rigorous system of investigation, accountability, corrective action, and public disclosure, considered an industry safety standard in other public transportation systems such as the airline industry. The legislature intends to require the publication of a concise investigations manual that clearly and concisely, in one document, defines the investigation process in a format useable by investigators and employees of the ferry system and understandable by the general public. The legislature further intends that the resulting investigations manual will provide clear and fair procedures for assuring that public comments on ferry system or ferry employee performance be processed in a manner that assures responsiveness to public concerns, but respects employee responsibilities for safety in the special maritime conditions in which the ferry system operates.

NEW SECTION.  Sec. 2   This act may be known and cited as the marine highways safety reform act.

NEW SECTION.  Sec. 3   A new section is added to chapter 47.60 RCW to read as follows:
     (1)(a) The department shall develop a comprehensive incident, accident, and machinery casualty investigation policy and procedures proposal to submit to the transportation committees of the legislature by November 1, 2012. The proposal must be accompanied by a summary of public comments under subsection (3) of this section.
     (b) In addition to consulting with ferry system unions and the United States coast guard, the department is encouraged to solicit independent outside expertise on incident, accident, and machinery casualty investigation best practices. The department shall also review processes for accident investigations by the national transportation safety board with a view to adopting applicable processes.
     (c) The proposal must contain:
     (i) The definition of an incident, accident, and machinery casualty and the types of investigation that are required for these events;
     (ii) The process for appointing an investigating officer and a description of the authorities and responsibilities of the investigating officer. The investigating officer must:
     (A) Have the appropriate knowledge, training, and experience required to conduct a comprehensive investigation;
     (B) Not have been involved in the incident, accident, or machinery casualty or to have had or have acted in any role that might reasonably be found to be a potential contribution factor so as to avoid any conflict of interest or the perception of a conflict of interest;
     (C) Have full access to all persons, records, and relevant organizations that may have information about or may have contributed to, directly or indirectly, the incident, accident, or machinery casualty under investigation, in compliance with any affected employee's or employees' respective collective bargaining agreement and state laws and rules regarding public disclosure under chapter 42.56 RCW;
     (D) Be provided with, if reasonably requested by the investigating officer, appropriate outside technical expertise; and
     (E) Be provided with staff and legal support as may be appropriate to the type of investigation;
     (iii) The process of working with the affected employee or employees in accordance with the employee's or employees' respective collective bargaining agreement and the appropriate union officials, within protocols afforded to all public employees;
     (iv) The process by which the United States coast guard is kept informed of, interacts with, and reviews the investigation;
     (v) The process for review, approval, and implementation of any approved recommendations within the department; and
     (vi) The process for keeping the public informed of the investigation and its outcomes, in compliance with any affected employee's or employees' respective collective bargaining agreement and state laws and rules regarding public disclosure under chapter 42.56 RCW.
     (2) The department shall submit to the transportation committees of the legislature by July 1, 2012, a comprehensive and detailed summary of all incidents, accidents, and machinery casualties that have occurred in the ferry system since May 13, 2009. The summary must include a synopsis of the investigating activities, the results of the investigation, the cost of repairs and corrective measures, and the impact on ferry service. Thereafter, the department shall submit the summary annually on January 15th covering the prior calendar year.
     (3) Prior to submitting the proposal to the legislature, the department must conduct a series of public meetings with the ferry advisory committees created under RCW 47.60.310. The draft proposal under subsection (1) of this section and the data under subsection (2) of this section must be presented and an opportunity for public comment must be provided.