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ENGROSSED SUBSTITUTE HOUSE BILL 2703
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AS AMENDED BY THE SENATE
Passed Legislature - 1996 Regular Session
State of Washington 54th Legislature 1996
Regular Session
By
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; creating new sections; repealing RCW
49.70.117; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that the state's highly productive and efficient agriculture sector is composed
predominately of family owned and managed farms and an industrious and
efficient work force. It is the intent of the legislature that the department of
agriculture and the department of labor and industries coordinate adoption,
implementation, and enforcement of a common set of worker protection standards
related to pesticides in order to avoid inconsistency and conflict in the
application of those rules. It is also the intent of the legislature that the
department of agriculture and the department of labor and industries coordinate
investigations with the department of health as well. Further, coordination of
enforcement procedures under this act shall not reduce the effectiveness of the
enforcement provisions of the Washington Industrial Safety and Health Act of
1973 or the Washington Pesticide Application Act. Finally, when the department
of agriculture or the department of labor and industries anticipates regulatory
changes to standards regarding pesticide application and handling, they shall
involve the affected parties in the rule-making process and solicit relevant
information. The department of agriculture and the department of labor and
industries shall identify differences in their respective jurisdictions and
penalty structures and publish those differences.
NEW SECTION. Sec.
2. 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) No rule adopted
under this chapter may impose requirements that make compliance with the
federal worker protection standard impossible.
(b) The department
shall adopt by rule safety and health standards that are at least as effective
as the federal standard. Standards adopted by the department under this
section shall be adopted in coordination with the department of agriculture.
(3) If a violation of
the federal worker protection standard, or of state rules regulating activities
governed by the federal standard, is investigated by the department and by the
department of agriculture, the agencies shall conduct a joint investigation if
feasible, and shall share relevant information. 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. The agencies shall not issue duplicate citations to an
individual or business for the same violation of the federal standard or state
rules regulating activities governed by the federal standard. By December 1,
1996, 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 activities governed by the federal standard; and
provides for protection of workers and enforcement of standards that is at
least as effective as provided to all workers under this chapter. The
department's role under the agreement shall not extend beyond protection of
safety and health in the workplace as provided under this chapter.
NEW SECTION. Sec.
3. 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) No rule adopted
under this chapter may impose requirements that make compliance with the
federal worker protection standard impossible.
(b) The department
shall adopt by rule safety and health standards that are at least as effective
as the federal standard. Standards adopted by the department under this
section shall be adopted in coordination with the department of labor and
industries.
(3) If a violation of
the federal worker protection standard, or of state rules regulating activities
governed by the federal standard, is investigated by the department and by the
department of labor and industries, the agencies shall conduct a joint
investigation if feasible, and shall share relevant information. 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.
The agencies shall not issue duplicate citations to an individual or business
for the same violation of the federal standard or state rules regulating
activities governed by the federal standard. By December 1, 1996, 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 activities governed by the federal standard; and provides for
protection of workers and enforcement of standards that is at least effective
as provided for other enforcement under this chapter.
NEW SECTION. Sec.
4. By December 1, 1996, the
department of agriculture and the department of labor and industries shall
report to the standing committees of the legislature dealing with agriculture
and labor matters on the implementation and impact of this act. The report
shall include the number of multiple on-site investigations for the same
incident during 1996 and the reasons why the investigations were not
coordinated.
NEW SECTION. Sec.
5. RCW 49.70.117 and 1992 c 173 s 2 &
1989 c 380 s 76 are each repealed.
NEW SECTION. Sec.
6. If any provision of this
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected.
NEW
SECTION. Sec. 7. Section 5 of 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.
