2261-S.E [atlas:bill]

AN ACT Relating to extending the dates related to safety standards for agriculture; amending RCW 49.17.041; and declaring an emergency.

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

Sec. 1. RCW 49.17.041 and 1995 c 371 s 2 are each amended to read as follows:

(1)(a) Except as provided in (b) of this subsection, no rules adopted under this chapter amending or establishing agricultural safety standards shall take effect during the period beginning January 1, 1995, and ending January 15, 1996. This subsection applies, but is not limited to applying, to a rule adopted before January 1, 1995, but with an effective date which is during the period beginning January 1, 1995, and ending January 15, 1996, and to provisions of rules adopted prior to January 1, 1995, which provisions are to become effective during the period beginning January 1, 1995, and ending January 15, 1996.

(b) Subsection (1)(a) and subsection (1)(c) of this section ((~~does~~)) do not apply to: Provisions of rules that were in effect before January 1, 1995; emergency rules adopted under RCW 34.05.350; rules adopted under ESHB 2703 (1996) regarding activities governed by 40 C.F.R., part 170, adopted by the United States environmental protection agency establishing a worker protection standard for agricultural workers and handlers of agricultural pesticides; or revisions to chapter 296-306 WAC regarding rollover protective structures that were adopted in 1994 and effective March 1, 1995, and that are additionally revised to refer to the variance process available under this chapter.

(c) Except as provided in (b) of this subsection, no rules adopted under this chapter amending or establishing agricultural safety standards shall take effect during the period beginning January 16, 1996, and ending February 15, 1997. Except as provided in (b) of this subsection, the effective date of any rule amending or establishing an agricultural safety standard that has taken effect after January 15, 1996, and before the effective date of this subsection (1)(c) shall be postponed until after February 15, 1997.

(2)(a) The rules for agricultural safety adopted under this chapter must:

((~~(a)~~)) (i) Establish, for agricultural employers, an agriculture safety standard that includes agriculture-specific rules and specific references to the general industry safety standard adopted under chapter 49.17 RCW; and

((~~(b)~~)) (ii) Exempt agricultural employers from the general industry safety standard adopted under chapter 49.17 RCW for all rules not specifically referenced in the agriculture safety standard.

(b) This subsection (2) applies to rules amending or establishing agricultural safety standards that take effect after February 15, 1997.

(3) No penalty shall be levied for an employer's first citation for a violation of a requirement adopted under this chapter that a tractor manufactured on or before October 25, 1976, have a rollover protective structure if the employer complies with the requirement within ninety days of the issuance of the citation. With regard to any subsequent violation of this chapter by an employer issued a citation without a penalty under this subsection, such a citation issued to the employer without a penalty under this subsection shall not be considered by the department as part of the employer's history of violations under RCW 49.17.180(7).

(4) The department shall publish in one volume all of the occupational safety rules that apply to agricultural employers and shall make this volume available to all agricultural employers before ((~~January~~)) February 15, ((~~1996~~)) 1997. This volume must be available in both English and Spanish.

((~~(4)~~)) (5) The department shall provide training, education, and enhanced consultation services concerning its agricultural safety rules to agricultural employers before the rules' effective dates. ((~~The training, education, and consultation must continue throughout the winter of 1995-1996.~~)) Training and education programs must be provided throughout the state and must be coordinated with agricultural associations in order to meet their members' needs.

((~~(5)~~)) (6)) The department shall provide, for informational purposes, a list of commercially available rollover protective structures for tractors used in agricultural operations manufactured before October 25, 1976. The list must include the name and address of the manufacturer and the approximate price of the structure. Included with the list shall be a statement indicating that an employer may apply for a variance from the rules requiring rollover protective structures under this chapter and that variances may be granted in appropriate circumstances on a case-by-case basis. The statement shall also provide examples of circumstances under which a variance may be granted. The list and statement shall be generally available to the agricultural community before the department may take any action to enforce rules requiring rollover protective structures for tractors used in agricultural operations manufactured before October 25, 1976.

NEW SECTION. Sec. 2. 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.