1065-S

AN ACT Relating to safety standards for agriculture; amending RCW 49.17.050; adding a new section to chapter 17.21 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 49.17.050 and 1973 c 80 s 5 are each amended to read as follows:

(1) Except as otherwise provided in this chapter, in the adoption of rules ((~~and regulations~~)) under the authority of this chapter, the director shall:

((~~(1)~~)) (a) Provide for the preparation, adoption, amendment, or repeal of rules ((~~and regulations~~)) of safety and health standards governing the conditions of employment of general and special application in all work places;

((~~(2)~~)) (b) Provide for the adoption of occupational health and safety standards which are at least as effective as those 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);

((~~(3)~~)) (c) Provide a method of encouraging employers and employees in their efforts to reduce the number of safety and health hazards at their work places and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;

((~~(4)~~)) (d) Provide for the ((~~promulgation~~)) adoption of health and safety standards and the control of conditions in all work places concerning gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents which shall set a standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life; any such standards shall require where appropriate the use of protective devices or equipment and for monitoring or measuring any such gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents;

((~~(5)~~)) (e) Provide for appropriate reporting procedures by employers with respect to such information relating to conditions of employment which will assist in achieving the objectives of this chapter;

((~~(6)~~)) (f) Provide for the frequency, method, and manner of the making of inspections of work places without advance notice; ((~~and,~~

~~(7)~~)) (g) Provide for the publication and dissemination to employers, employees, and labor organizations and the posting where appropriate by employers of informational, education, or training materials calculated to aid and assist in achieving the objectives of this chapter;

((~~(8)~~)) (h) Provide for the establishment of new and the perfection and expansion of existing programs for occupational safety and health education for employers and employees, and, in addition institute methods and procedures for the establishment of a program for voluntary compliance solely through the use of advice and consultation with employers and employees with recommendations including recommendations of methods to abate violations relating to the requirements of this chapter and all applicable safety and health standards and rules ((~~and regulations promulgated pursuant to the authority of~~)) adopted under this chapter;

((~~(9)~~)) (i) Provide for the adoption of safety and health standards requiring the use of safeguards in trenches and excavations and around openings of hoistways, hatchways, elevators, stairways, and similar openings; and

((~~(10)~~)) (j) Provide for the ((~~promulgation~~)) adoption of health and safety standards requiring the use of safeguards for all vats, pans, trimmers, cut off, gang edger, and other saws, planers, presses, formers, cogs, gearing, belting, shafting, coupling, set screws, live rollers, conveyors, mangles in laundries, and machinery of similar description, which can be effectively guarded with due regard to the ordinary use of such machinery and appliances and the danger to employees therefrom, and with which the employees of any such work place may come in contact while in the performance of their duties and prescribe methods, practices, or processes to be followed by employers which will enhance the health and safety of employees in the performance of their duties when in proximity to machinery or appliances mentioned in this subsection.

(2) The safety and health standards that apply under this chapter for the agricultural industry shall be 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, except that the director may adopt amendments to the safety standards for agriculture that are no more than the minimum necessary for those standards 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).

NEW SECTION. Sec. 2. 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. 3. 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.