H-4811.2          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2703

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By House Committee on Agriculture & Ecology (originally sponsored by Representatives Clements, Chappell, Chandler, Koster, Lisk, Thompson and Johnson)

Read first time 02/02/96. 

Limiting department of labor and industries authority when the department of agriculture has authority to prescribe or enforce occupational safety and health standards.

     AN ACT Relating to occupational safety and health; adding a new section to chapter 49.17 RCW; adding a new section to chapter 17.21 RCW; and repealing RCW 49.70.117.

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

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

     (1) As used in this section, "federal worker protection standard" or "federal standard" means 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 section.

     (2)(a) The federal worker protection standard is controlling in this state with regard to each activity governed by the federal standard.

     (b) The rules of the department adopted under this chapter must be consistent with the federal worker protection standard.  No rule of the department may be in conflict with the federal standard.

     (3) A violation of the federal worker protection standard may be investigated by the department or by the department of agriculture, but may not be investigated by both agencies; however, an investigation conducted by the department under Title 51 RCW solely with regard to industrial insurance shall not be considered to be an investigation by the department for this purpose.  A citation for a violation of the federal standard may be issued by the department or by the department of agriculture, but not by both agencies.  The department and the department of agriculture shall jointly establish a formal agreement that identifies the roles of each of the two agencies in conducting investigations of violations of the federal worker protection standard.

     (4) If the federal worker protection standard is amended by the United States environmental protection agency after the effective date of this section, the department and the department of agriculture shall request the legislature to revise the definition provided by subsection (1) of this section.

NEW SECTION. Sec. 2.  A new section is added to chapter 17.21 RCW to read as follows:

     (1) As used in this section, "federal worker protection standard" or "federal standard" means 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 section.

     (2)(a) The federal worker protection standard is controlling in this state with regard to each activity governed by the federal standard.

     (b) The rules of the department adopted under this chapter must be consistent with the federal worker protection standard.  No rule of the department may be in conflict with the federal standard.

     (3) A violation of the federal worker protection standard may be investigated by the department or by the department of labor and industries, but may not be investigated by both agencies; however, an investigation conducted by the department of labor and industries under Title 51 RCW solely with regard to industrial insurance shall not be considered to be an investigation by the department of labor and industries for this purpose.  A citation for a violation of the federal standard may be issued by the department or by the department of labor and industries, but not by both agencies.  The department and the department of labor and industries shall jointly establish a formal agreement that identifies the roles of each of the two agencies in conducting investigations of violations of the federal worker protection standard.

     (4) If the federal worker protection standard is amended by the United States environmental protection agency after the effective date of this section, the department and the department of labor and industries shall request the legislature to revise the definition provided by subsection (1) of this section.

NEW SECTION. Sec. 3.  RCW 49.70.117 and 1992 c 173 s 2 & 1989 c 380 s 76 are each repealed.

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