SENATE BILL REPORT

SHB 2452

BYHouse Committee on Commerce & Labor (originally sponsored by Representatives R. King, Nelson, Vekich, Smith, Walker, Jones, Winsley and R. Meyers) 

Providing for safety in Washington navigable waters.

House Committe on Commerce & Labor

Rereferred House Committee on Appropriations

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 19, 1990

Senate Staff:Patrick Woods (786-7430)

AS OF FEBRUARY 15, 1990

BACKGROUND:

The federal Occupational Safety and Health Administration (OSHA) regulates workplace safety for occupations performed in navigable waters.  OSHA, however, does not enforce these safety regulations unless the activity occurs within an "employee-employer" relationship.  Many activities, such as shellfish diving, are performed under independent contracts.

The United States Coast Guard has adopted commercial diving standards that apply in specified areas of navigable water and safety regulations for inspected vessels in navigable waters.  Certain privately owned vessels are not inspected by the Coast Guard.

The state does not have a comprehensive safety program for commercial diving.

SUMMARY:

The Department of Labor and Industries must adopt safety regulations for persons engaged in commercial activities or working on or within navigable waters or on vessels in navigable waters.  The rules must include safety requirements for the vessels, except for privately owned vessels that are inspected by the United States Coast Guard, cargo vessels, tugboats, and vessels covered by the Charter Boat Safety Act.  A vessel also is not covered when it is operated solely to demonstrate the vessel for a sale.

All commercial divers and dive tenders are required to be certified by the Department of Labor and Industries.  To obtain certification, the applicant must pass an examination on safety requirements and show proof of medical fitness and diver training.  Fees must be charged to cover the cost of the certification program.

The safety requirements will be administered, and any violations of the safety requirements or certification program will be assessed, under the Washington Industrial Safety and Health Act.

Appropriation:    $264,165 to the Department of Labor and Industries.

Revenue:    yes

Fiscal Note:      available

Effective Date:The bill contains an emergency clause and takes effect immediately.