WSR 13-22-014

PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 28, 2013, 10:11 a.m.]

Subject of Possible Rule Making: Chapter 246-358 WAC, Temporary worker housing (TWH); chapter 246-359 WAC, Temporary worker housing construction standard; and chapter 246-361 WAC, Cherry harvest camps. Opening rules to consider amending TWH, cherry harvest camps, and TWH construction standard operation regulations and processes, and inspection processes. The department will also consider reformatting and incorporating technical housekeeping updates to these rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.335, [43.70.]337, [43.70.]340, and chapter 70.114A RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of health (DOH) is considering amending rules per 3ESHB 2127, (section 219(32), chapter 7, Laws of 2012 2nd sp. sess.) that required the department to evaluate TWH rules, and operational and inspection processes for TWH construction program and operational program (TWH regular and cherry harvest camps rules). As a result of evaluation results and stakeholder recommendations cited in a 2013 department report to the legislature, rule revisions will be considered to administer the TWH program more efficiently and effectively. Rule revisions will also be considered for housekeeping changes and possible reformatting.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington state department of labor and industries and the United States Department of Labor - coordination with these agencies will occur, as these agencies also regulate TWH conditions.

Process for Developing New Rule: DOH will use a collaborative rule-making process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The department will use electronic communication strategies (listserv, DOH web site postings, e-mail notifications, and letters) to notify interested parties of rule making, stakeholder workshops, and opportunities to submit written comments on proposed rules. The department will take public testimony during the official public rules hearing. For more information, please contact Debra Fisher, Program Manager, DOH, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-2942, fax (360) 236-4626, e-mail Debra.Fisher@DOH.WA.GOV.

October 28, 2013

John Wiesman, DrPH, MPH

Secretary