WSR 13-21-062

INTERPRETIVE AND POLICY STATEMENT

[Filed October 16, 2013, 10:24 a.m.]

Under RCW 34.05.230, following is a policy and interpretive statement issued by the department of labor and industries regarding the division of occupational health and safety policies.

If you have any questions or need additional information, please call Suchi Sharma at (360) 902-6744.

Suchi Sharma

Counsel for Executive Policy

and Rules Coordinator

Title: Division of Occupational Safety and Health Interpretative Statement.

Subject: Determination of applicability of RCW 34.05.110 to violations issued under chapters 49.17, 49.19, 49.22, 70.74, 70.77, 88.04 RCW, RCW 72.23.400 and 72.23.410.

Date Issued: October 16, 2013.

Description: Applicability of RCW 34.05.110 to violations issued under chapters 49.17, 49.19, 49.22, 70.74, 70.77, 88.04 RCW, RCW 72.23.400 and 72.23.410. Under RCW 34.05.110, small businesses are eligible for a waiver of penalties and fines for a first-time paperwork violation and an opportunity to correct other violations.

The director of labor and industries has determined that the requirements of chapter 35.110 RCW do not apply to violations or citations issued under the Washington Industrial Safety and Health Act, chapter 49.17 RCW, due to a conflict with federal law or program requirements, including, but not limited to, federal requirements that Washington's enforcement be at-least-as-effective-as enforcement under the Occupational Safety and Health Act. It is further determined that these federal requirements are a prescribed condition to the allocation of federal funds to the state, and that the effect of the violations present a direct danger to public health.

The director has also determined that the requirements of RCW 34.05.110 do not apply to violations issued under the following statutes as the effect of these violations presents a direct danger to public health: Chapter 49.19 RCW, Workplace violence in healthcare; chapter 49.22 RCW, Asbestos; chapter 49.22 RCW, Safety—Crime prevention; chapter 70.74 RCW, Explosives; chapter 70.77 RCW, Fireworks Act; chapter 88.04 RCW, Charter boat safety; RCW 72.23.400 Workplace safety plan; and 72.23.410 Violence prevention training. These determinations were made by the director of labor and industries in 2009 pursuant to chapter 358, Laws of 2009, and apply to the 2010 amendments under chapter 194, Laws of 2010, and the 2011 amendments under chapter 18, Laws of 2011.

Web site: http://www.lni.wa.gov/Safety/Rules/.

Contact: Alan Lundeen, Standards and Technical Services Senior Program Manager, Division of Occupational Safety and Health, Department of Labor and Industries, P.O. Box 44610, Olympia, WA 98504-4610, (360) 902-4758, lund235@lni.wa.gov.