HOUSE BILL REPORT

                  HB 1425

             As Reported By House Committee On:

                      Commerce & Labor

Title:  An act relating to health and safety standards for residential construction.

Brief Description:  Requiring adoption of health and safety standards for residential construction.

Sponsors:  Representatives Morris, Brumsickle, Sheldon, Springer, Ogden, Riley and Rayburn.

Brief History:

  Reported by House Committee on:

Commerce & Labor, March 3, 1993, DP.

HOUSE COMMITTEE ON COMMERCE & LABOR

Majority Report:  Do pass.  Signed by 5 members:  Representatives Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Horn; King; and Springer.

Minority Report:  Do not pass.  Signed by 4 members:  Representatives Heavey, Chair; G. Cole, Vice Chair; Conway; and Veloria.

Staff:  Chris Cordes (786-7117).

Background:  Safety and health rules for Washington workplaces are adopted by the Department of Labor and Industries under the Washington Industrial Safety and Health Act (WISHA).  These rules must be at least as effective as rules adopted or recognized by the United States secretary of labor under the federal Occupational Safety and Health Act.

The department rules include provisions for the construction industry.  The rules apply to both residential and nonresidential construction.

Summary of Bill:  The Department of Labor and Industries is directed to adopt rules that provide health and safety standards for residential construction with due regard for the practical application of the rules in the industry.  In adopting the rules, the department must consult with an advisory committee consisting of no more than nine members with the following representation:  one member from the department, at least four members from the residential construction industry, and at least three members from the building and construction trades.  At least two members representing workers must be from organized labor and at least one member representing workers must represent workers not from organized labor.

"Residential construction" means the construction of a single-family dwelling.

Fiscal Note:  Requested February 22, 1993.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  It is difficult for contractors who do only residential work to understand the safety rules.  The rules apply to both commercial and residential construction and are too complex.  They are written for the large commercial projects.  If separate standards were adopted for residential construction, it would be easier for residential contractors to learn what is required.

Testimony Against:  The Department of Labor and Industries already has an advisory committee for construction safety issues.  It seems unnecessary to establish another committee to do the same work.  The representation on the advisory committee created by the bill is not fairly balanced.  The hazards associated with residential construction are not unique to the construction industry.  Lack of knowledge about the rules should not be an excuse to weaken them.

Witnesses:  (In favor):  Representative Betty Sue Morris, prime sponsor; and Brian Minnich, Bob Blaydon, Ralph Myer, and George Delvo, Building Industry Association of Washington.  (Opposed):  Sam Clark, Department of Labor and Industries; Bob Dilger, Washington Building and Construction Trades Council; Jordy Andrews, International Brotherhood of Electrical Workers; and Allan Darr, International Union of Operating Engineers.