AN ACT Relating to hazardous substances; amending RCW 49.70.120; and adding new sections to chapter 49.70 RCW.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of labor and industries.

(2) "Employee" means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this chapter whether by way of manual labor or otherwise.

(3) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession, or activity in this state and employs one or more employees or who contract with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: PROVIDED, That any person, partnership, or business entity not having employees, and who is covered by the industrial insurance act shall be considered both an employer and an employee.

NEW SECTION. Sec. 2. (1) The department shall determine the five most common foreign languages used in the workforce in Washington state. Employees who communicate primarily in those languages shall be informed by their employer, in those languages, of their rights relating to hazard communication standards under this chapter and chapter 49.17 RCW.

(2) The department shall prepare and make available to employers or the public, upon request, a translation in any of the five most common foreign languages used in the workplace, of a written hazard communication program, a material safety data sheet, or written materials prepared by the department to inform employees of their rights relating to hazard communication standards under this chapter and chapter 49.17 RCW.

(3) An employer employing employees who have trouble communicating in English shall make reasonable efforts to post any notices in the employees' native languages as provided by the department.

(4) An employer shall ensure that all employees, regardless of any language barriers, are provided with a suitable education and training program required under section 3 of this act or required by regulations relating to hazard communication standards.

NEW SECTION. Sec. 3. (1) An employer shall provide employees engaged in agricultural production of crops or livestock or agricultural services with information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new hazard is introduced into their work area.

(2) Information provided to employees under this section shall include:

(a) A description of the requirements of this section;

(b) Identification of operations in their area where hazardous chemicals may be present; and

(c) The location and availability of lists of hazardous chemicals in their workplaces and their associated material safety data sheets.

(3) Employee training under this section shall include:

(a) Information regarding the physical and health hazards of the chemicals in the work area;

(b) The measures employees can take to protect themselves from these hazards, such as appropriate detection methods and work practices, emergency procedures, and personal protective equipment to be used; and

(c) An explanation of the labeling system under the federal insecticide, fungicide, and rodenticide act, the material safety data sheet, and how employees can obtain and use the appropriate hazard information.

NEW SECTION. Sec. 4. The department of ecology shall provide, upon request of residents or public health and safety officials, standardized access to existing information including the following:

(1) Historic point and nonpoint air and water emissions;

(2) Historic quantity of hazardous substances produced, used, stored, transported from, or disposed of by any facility;

(3) A list of the chemicals present at a given site and data on their acute and chronic health and environmental effects;

(4) Data on governmental pesticide use at a given site;

(5) Data on commercial pesticide use at a given site, if such data is only given to individuals diagnosed as chemically sensitive; and

(6) Compliance history of any facility.

Requests for information under this section may be made by letter or by a toll-free telephone line to be established by the department of ecology. This section shall not require any business to compile information that is not required by existing laws or regulations.

NEW SECTION. Sec. 5. (1) The department shall adopt rules in accordance with chapter 34.04 RCW establishing criteria for evaluating the validity of trade secret claims and procedures for issuing a trade secret exemption. Manufacturers or importers that make a trade secret claim to the department must notify direct purchasers if a trade secret claim has been made on a product being offered for sale. The department shall charge manufacturers or importers a fee for evaluating the validity of a trade secret claim. The fee shall not be higher than the amount necessary to cover the costs to the department in evaluating the claim.

(2) If a trade secret claim has been filed with the department, a manufacturer, importer, or employer may require a written statement of need or confidentiality agreement before the specific chemical identity of a hazardous substance is released. However, if a treating physician or nurse determines that a medical emergency exists and the specific chemical identity of a hazardous substance is necessary for emergency or first aid treatment, the manufacturer, importer, or employer shall immediately disclose the specific chemical identity to that treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement.

(3) Any challenge to the denial of a trade secret claim shall be heard by an administrative law judge in accordance with chapter 34.04 RCW.

NEW SECTION. Sec. 6. Funds in the worker and community right to know fund established under RCW 49.70.170 may be spent by the department of ecology to implement section 4 of this act following legislative appropriation. Disbursements from the fund shall be on authorization of the director of the department of ecology or the director's designee.

Sec. 7. Section 17, chapter 289, Laws of 1984 and RCW 49.70.120 are each amended to read as follows:

(1) The director shall establish in the department a right-to-know advisory council, which shall consist of ((~~fifteen~~)) sixteen members appointed by the director. Each of these members shall be appointed for a term of three years, provided that of the members of the council first appointed by the director, five shall serve for terms of one year, five shall serve for terms of two years, and five shall serve for terms of three years. Of these members, one shall be appointed from persons having training and experience in industrial hygiene recommended by recognized labor unions; one from persons recommended by recognized agricultural organizations; one from persons recommended by recognized migrant labor organizations; one from persons recommended by recognized environmental organizations; one from persons recommended by recognized public interest organizations; one from persons recommended by recognized organizations of chemical industries; one from persons recommended by recognized community organizations; one from persons recommended by recognized organizations of petroleum industries; one from persons recommended by recognized organizations of fire fighters; one from persons recommended by recognized business or trade organizations; one from persons recommended by recognized organizations of small business; one from persons holding an M.D. degree recommended by recognized public health organizations; two persons from professional accident and safety organizations; one person from the technology-based industries; and one from persons with training and experience in environmental epidemiology and toxicology recommended by recognized research or academic organizations. In the event that no recommendations for a particular category of membership are made to the director three months after June 7, 1984, in the case of the initial appointments, or within sixty days of the date of the expiration of the term of office of any member or the occurrence of any vacancy in the case of subsequent appointments, the director shall appoint as a member for that category of membership a person whom the director believes will be representative thereof.

(2) A majority of the membership of the council constitutes a quorum for the transaction of council business. Action may be taken and motions and resolutions adopted by the council at any meeting thereof by the affirmative vote of a majority of the members of the council present and voting.

(3) The council shall meet regularly as it may determine, and shall also meet at the call of the department.

(4) The council shall appoint a ((~~chairman~~)) chair and other officers as may be necessary from among its members. The council may, within the limits of any funds appropriated or otherwise made available to it for this purpose, appoint such staff or hire such experts as it may require.

(5) Members of the council shall serve without compensation, but the council may, within the limits of funds appropriated or otherwise made available to it for such purposes, reimburse its members for necessary expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 8. Sections 1 through 6 of this act are each added to chapter 49.70 RCW.