H-3403.2 _______________________________________________
HOUSE BILL 2261
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Representatives Thompson, Chandler, McMorris, Mulliken, Sheahan, Buck, McMahan, Schoesler, Pelesky, Mastin, Goldsmith and Johnson
Read first time 01/09/96. Referred to Committee on Agriculture & Ecology.
AN ACT Relating to extending the dates related to safety standards for agriculture; and amending RCW 49.17.041.
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)) February
15, ((1996)) 1997. 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))
February 15, ((1996)) 1997, 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)) February
15, ((1996)) 1997.
(b) Subsection (1)(a) of this section does not apply to: Provisions of rules that were in effect before January 1, 1995; emergency rules adopted under RCW 34.05.350; 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.
(2) The rules for agricultural safety adopted under this chapter must:
(a) 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) 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.
(3) 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) 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) 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.
--- END ---