5280.E AMH .... H2401.2

5280.E AMH .... H2401.2

ESB 5280 - H AMD TO CL COMM AMD 000439 SCOPE AND OBJECT 4-17-93

(5280.E AMH CL KELJ 1)

By Representative Dorn and others

On page 2, after line 1 of the amendment, insert the following:

"NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 14 of this act.

(1) "Commission" means the commission appointed by the governor to develop a program to educate, test, and certify paint or coating applicators. The commission shall also advise the department on the application and administration of any regulations applicable to the paint and coating application industry as may be required by federal or state legislative or regulatory actions.

(2) "Paint or coating application" means the application of a substance in atomized, liquid, or particulate form that will adhere to or coat a surface and generally protect or preserve the surface, or the removal of paint or coatings. For the purposes of sections 2 through 14 of this act, paint and coating application includes applying or removing paints, pigments, extenders, metal primers and metal pigments, clear pigments, binders, thinners, and dryers, primers and sealers, oil paints and enamels, clear coatings, oils, stains, varnishes, lacquers, polyurethanes, chemical and epoxy coatings, emulsions, acrylic coatings, industrial coatings, and other materials commonly used in the paint and coating trade, preparation of surfaces to which paint or coatings will be applied or removed, and cleanup work in connection with painting.

(3) "Paint or coating applicator" means a person directly engaged in painting or coating application, removal, or treatment of painted or coated surfaces for compensation, including those employees directly supervising such employees. For the purposes of sections 2 through 14 of this act, paint or coating applicator means a person who offers paint or coating application or removal as his or her primary business activity or whose job description or employment activity is primarily that of paint or coating application or removal. A person primarily engaged in roofing, printing, or the application of cosmetics is not considered a paint or coating applicator for the purpose of sections 2 through 14 of this act. A person engaged in the buying, selling, or leasing of industrial equipment, including agricultural, logging, or construction equipment, is not considered a paint or coating applicator for the purpose of sections 2 through 14 of this act and is exempted from the requirements of sections 2 through 14 of this act.

(4) "Employer" means a natural person, corporation, trust, unincorporated association or partnership that hires paint or coating applicators, contracts to provide painting services to other persons, or both. An employer engaged in the buying, selling, or leasing of industrial equipment, including agricultural, logging, or construction equipment is exempted from the requirements of sections 2 through 14 of this act.

(5) Employers of twenty-five thousand persons or more are presumed to have existing training programs at least equivalent to those which may be required under sections 2 through 14 of this act and are excluded from the provisions of sections 2 through 14 of this act.

NEW SECTION. Sec. 3. The commission shall develop and the department shall adopt a program to educate, and test paint and coating applicators in handling hazardous materials applicable to paint or coating application. The program shall include:

(1) A certification application form;

(2) Standards for certificates of competency;

(3) Rules for revoking certificates of competency;

(4) A definition of the relationship of training programs to the competency certification program;

(5) Notification procedures to ensure that painting and coating applicators and employers are notified in a timely manner of the requirements of sections 2 through 14 of this act; and

(6) Provisions for certificates of competency for persons who engage solely in a subspecialty of painting and coating application or removal.

A paint or coating applicator shall obtain a certificate of competency issued by the department after completing an approved training program.

NEW SECTION. Sec. 4. A paint or coating applicator's course of education shall include an understanding of materials applied, removed, or treated as they affect the applicator, the workers around the applicator, the general public, and the environment; methods of preparation, handling, and knowledge of the equipment used in painting or coating; and understanding of all pertinent federal and state safety laws and administrative rules.

It is the intent of the legislature that every effort be made to combine training requirements applicable to the application of paint and coating materials from all departments of state government in order to consolidate and reduce the regulatory burden and reduce the associated costs to the state.

NEW SECTION. Sec. 5. There is created a painting safety commission comprised of nine members:

(1) Three from organizations or associations whose primary purpose is to represent employers of paint or coating applicators. Every effort shall be made to ensure that at least one member in this category represents employers of ten or fewer paint or coating applicators on an annual full-time equivalent basis;

(2) Three from organizations or associations whose primary purpose is to represent paint or coating applicators;

(3) Two representing the painting or coating industry at large; and

(4) One representing the consumer.

The governor shall appoint the consumer representative to a three-year term, and the three paint or coating employee representatives and the three paint or coating employer representatives to one, two, and three year terms respectively. One at-large industry representative shall be appointed to a one-year term, and the other to a two-year term. Subsequent employee, employer, and at-large representatives shall serve for three years each. The governor shall consider recommendations from paint or coating organizations or associations whose primary purpose is to represent paint or coating employees and employers. The governor shall strive to make the commission appointments reflect the demographics of the state and reflect the make-up of the paint and coating industry. The director or the director's designee shall serve on the commission as an ex officio, nonvoting member. Each member of the commission shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 for each day in which the member is actually engaged in the business of the commission. The department shall provide staff support to the commission.

NEW SECTION. Sec. 6. The department shall certify as meeting the requirements of sections 2 through 14 of this act, training programs of an employer or organization, that meet or exceed the standards established under section 3 of this act.

NEW SECTION. Sec. 7. The department shall charge fees for training and issuance, renewal, and reinstatement of all certificates of competency and examinations required by sections 2 through 14 of this act. The department shall set the fees by rule. The fees shall cover the full cost of administering and enforcing sections 2 through 14 of this act and shall include travel, per diem, and administrative support costs.

NEW SECTION. Sec. 8. Authorized representatives of the department shall investigate alleged or apparent violations of sections 2 through 14 of this act and upon presentation of credentials may inspect a worksite for the purpose of determining compliance with sections 2 through 14 of this act. The department shall also promptly investigate alleged violations of sections 2 through 14 of this act based on a written complaint. The department shall notify the complainant, in writing, within sixty days of the action taken on all the complaints.

NEW SECTION. Sec. 9. Each day in which a paint or coating applicator works without a valid certificate of competency is a separate infraction. Each worksite at which a painting or coating applicator works in violation of sections 2 through 14 of this act is a separate infraction. Each day in which an employer employs such person is a separate infraction.

NEW SECTION. Sec. 10. An authorized representative of the department may issue a notice of an infraction if a person who is doing paint or coating application or removal fails to produce a certificate of competency issued by the department in accordance with sections 2 through 14 of this act. A notice of an infraction issued under this section must be personally served on the person named in the notice by an authorized representative of the department. However, no penalties may be assessed for notices of infraction issued for one year after the adoption of rules under section 3 of this act.

NEW SECTION. Sec. 11. The department shall establish monetary penalties for employee infractions, with the advice of the commission, not less than:

(1) For the first offense, a sum of two hundred fifty dollars;

(2) For the second offense, a sum of five hundred dollars;

(3) For the third offense and subsequent offenses, a sum of one thousand dollars.

NEW SECTION. Sec. 12. The department shall establish monetary penalties for employer infractions, with the advice of the commission, not less than:

(1) For the first offense, a sum of two hundred fifty dollars;

(2) For the second offense, a sum of five hundred dollars;

(3) For the third offense and subsequent offenses, a sum of one thousand dollars.

NEW SECTION. Sec. 13. An appeal by an employee or employer of a penalty set out in either section 11 or 12 of this act shall consist of an adjudicative proceeding set out in chapter 34.05 RCW.

NEW SECTION. Sec. 14. The paint and coating applicators account is created in the custody of the state treasurer. All receipts from fees and fines collected by the department under the authority of sections 2 through 14 of this act shall be deposited into the account. Expenditures from the account may be used only for the purposes of the commission and other expenditures approved by the director or the director's designee. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

NEW SECTION. Sec. 15. Sections 2 through 14 of this act are each added to chapter 18.27 RCW.

NEW SECTION. Sec. 16. The director of the department of labor and industries may take such steps as are necessary to ensure that this act is implemented on its effective date.

NEW SECTION. Sec. 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."