1065‑S AMH CHAN CORD 2

SHB 1065 ‑ H AMD 159 ADOPTED AS AMENDED 3/8/95

By Representatives Chandler and Mastin

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1.  A new section is added to chapter 49.17 RCW to read as follows:

     The safety and health standards that apply under this chapter for the agricultural industry shall consist of the safety standards for agriculture, including the exemptions for the agricultural industry from other safety and health standards under this chapter, that were in effect as of January 1, 1993, as modified by the following provisions:

     (1)  WAC 296-306-060 (regarding personal protective equipment) as filed March 5, 1993, and published in WSR 93-07-012.

     (2)  WAC 296-306-400 and 296-306-40003 (regarding pesticide posting and records) as filed March 5, 1993, and published in  WSR 93-07-012.

     This section does not limit the authority of the director to adopt rules that are specifically required by federal law, and only to the extent specifically required, for the standards in this section to be as effective as the standards adopted or recognized by the United States secretary of labor under the authority of the occupational safety and health act of 1970 (Public Law 91-596; 84 Stat. 1590).

     Sec. 2. RCW 49.17.060  and 1973 c 80 ' 6 are each amended to read as follows:

     Each employer:

     (1) Shall furnish to each of his employees a place of employment free from recognized hazards that are causing or likely to cause serious injury or death to his employees:  PROVIDED, That no citation or order assessing a penalty shall be issued to any employer solely under the authority of this subsection except where no applicable rule or regulation has been adopted by the department covering the unsafe or unhealthful condition of employment at the work place; and

     (2) Shall comply with the rules, regulations, and orders ((promulgated)) adopted under this chapter, or, in the case of agricultural employers, comply with section 1 of this act and rules adopted under section 1 of this act.

NEW SECTION. Sec. 3.  A new section is added to chapter 17.21 RCW to read as follows:

     (1) The director shall exercise the authority granted by RCW 17.21.030 to adopt as rules the worker protection standard for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection agency in 40 C.F.R., part 170, as it exists on the effective date of this act.

     (2) Subsection (1) of this section does not limit in any manner the authority of the director to adopt rules under RCW 17.21.030 including, but not limited to, rules amending the rules adopted under subsection (1) of this section.

NEW SECTION. Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

Correct the title.

EFFECT:  The amendment: (1) adds safety provisions that were adopted after January 1, 1993, regarding personal protective equipment and pesticide posting and recordkeeping; (2) provides that the authority of the director of the Department of Labor and Industries to adopt rules relating to agricultural safety standards is limited to rules that are specifically required, and only to the extent specifically required, by federal law; and (3) clarifies that agricultural employers are subject to citation for violation of the standards referenced in the statute.