H-4744.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2488

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Thompson, Koster, D. Schmidt, Cairnes, McMahan, Cooke, Reams, Crouse, Chandler, Buck, Fuhrman, McMorris, Hatfield, Sheldon, Kessler and Mulliken)

Read first time 02/01/96. 

Establishing the standard of review for certain investigations.

     AN ACT Relating to investigations, inspections, or reviews by the department of labor and industries; and amending RCW 49.17.060.

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

     Sec. 1.  RCW 49.17.060 and 1973 c 80 s 6 are each amended to read as follows:

(1) Each employer, other than a public fire department employer, shall:

     (((1) Shall)) (a) Furnish to each of his or her employees a place of employment free from recognized hazards that are causing or likely to cause serious injury or death to ((his)) the 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)) (b) Comply with the rules((, regulations,)) and orders promulgated under this chapter.

(2) Each public fire department employer shall:

(a) Furnish to each of its employees the safest work place reasonably attainable under the conditions to which the employees are or will be exposed.  A work place is as safe as reasonably attainable, for the purposes of a departmental investigation, inspection, or review under this chapter, when the employer's decision, action, or operation is found to be reasonable under the circumstances and conditions existing at the time of an alleged violation, as measured by the standard of a reasonable and prudent person with similar training, experience, responsibility, and authority as the employer.  No citation or order assessing a penalty shall be issued to a public fire department employer solely under the authority of this subsection except where no applicable rule has been adopted by the department covering the unsafe or unhealthful condition of employment at the work place; and

(b) Comply with the rules and orders adopted under this chapter.

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