S-0670.1 _______________________________________________
SENATE BILL 5147
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senators Morton, Rasmussen, Hochstatter and Bauer
Read first time 01/12/95. Referred to Committee on Agriculture & Agricultural Trade & Development.
AN ACT Relating to safety standards for agriculture; amending RCW 49.17.050; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 49.17.050 and 1973 c 80 s 5 are each amended to read as follows:
(1) Except as
otherwise provided in this chapter, in the adoption of rules ((and
regulations)) under the authority of this chapter, the director shall:
(((1))) (a)
Provide for the preparation, adoption, amendment, or repeal of rules ((and
regulations)) of safety and health standards governing the conditions of
employment of general and special application in all work places;
(((2))) (b)
Provide for the adoption of occupational health and safety standards which are
at least as effective as those adopted or recognized by the United States
secretary of labor under the authority of the occupational safety
and health act of 1970 (Public Law 91-596; 84 Stat. 1590);
(((3))) (c)
Provide a method of encouraging employers and employees in their efforts to
reduce the number of safety and health hazards at their work places and to
stimulate employers and employees to institute new and to perfect existing
programs for providing safe and healthful working conditions;
(((4))) (d)
Provide for the ((promulgation)) adoption of health and safety
standards and the control of conditions in all work places concerning gases,
vapors, dust, or other airborne particles, toxic materials, or harmful physical
agents which shall set a standard which most adequately assures, to the extent
feasible, on the basis of the best available evidence, that no employee will
suffer material impairment of health or functional capacity even if such
employee has regular exposure to the hazard dealt with by such standard for the
period of his working life; any such standards shall require where appropriate
the use of protective devices or equipment and for monitoring or measuring any
such gases, vapors, dust, or other airborne particles, toxic materials, or
harmful physical agents;
(((5))) (e)
Provide for appropriate reporting procedures by employers with respect to such
information relating to conditions of employment which will assist in achieving
the objectives of this chapter;
(((6))) (f)
Provide for the frequency, method, and manner of the making of inspections of
work places without advance notice; ((and,
(7))) (g) Provide for the publication and
dissemination to employers, employees, and labor organizations and the posting
where appropriate by employers of informational, education, or training
materials calculated to aid and assist in achieving the objectives of this chapter;
(((8))) (h)
Provide for the establishment of new and the perfection and expansion of
existing programs for occupational safety and health education for employers
and employees, and, in addition institute methods and procedures for the
establishment of a program for voluntary compliance solely through the use of
advice and consultation with employers and employees with recommendations
including recommendations of methods to abate violations relating to the
requirements of this chapter and all applicable safety and health standards and
rules ((and regulations promulgated pursuant to the authority of)) adopted
under this chapter;
(((9))) (i)
Provide for the adoption of safety and health standards requiring the use of
safeguards in trenches and excavations and around openings of hoistways,
hatchways, elevators, stairways, and similar openings; and
(((10))) (j)
Provide for the ((promulgation)) adoption of health and safety
standards requiring the use of safeguards for all vats, pans, trimmers, cut
off, gang edger, and other saws, planers, presses, formers, cogs, gearing,
belting, shafting, coupling, set screws, live rollers, conveyors, mangles in
laundries, and machinery of similar description, which can be effectively
guarded with due regard to the ordinary use of such machinery and appliances
and the danger to employees therefrom, and with which the employees of any such
work place may come in contact while in the performance of their duties and
prescribe methods, practices, or processes to be followed by employers which
will enhance the health and safety of employees in the performance of their
duties when in proximity to machinery or appliances mentioned in this
subsection.
(2) The safety and health standards that apply under this chapter for the agricultural industry shall be the safety standards for agriculture, including the exemptions for the agricultural industry from other safety and health standards under this chapter, that were in effect as of January 1, 1993, except that the director may adopt amendments to the safety standards for agriculture that are no more than the minimum necessary for those standards to be as effective as the standards adopted or recognized by the United States secretary of labor under the authority of the occupational safety and health act of 1970 (Public Law 91-596; 84 Stat. 1590).
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.
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