S-4643.1  _______________________________________________

                         SENATE BILL 6676

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Morton, Hochstatter, Prince, Sellar, McCaslin and A. Anderson

Read first time 01/23/96.  Referred to Committee on Labor, Commerce & Trade.

Limiting WISHA citations when employers maintain adequate safety training, equipment, rules, and monitoring.

    AN ACT Relating to citations under the Washington industrial safety and health act; and amending RCW 49.17.120.

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

    Sec. 1.  RCW 49.17.120 and 1973 c 80 s 12 are each amended to read as follows:

(1) If upon inspection or investigation the director or his or her authorized representative believes that an employer has violated a requirement of RCW 49.17.060, or any safety or health standard promulgated by rule adopted by the director, or the conditions of any order granting a variance pursuant to this chapter, ((he)) the director shall with reasonable promptness issue a citation to the employer.  Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provisions of the statute, standard, rule, regulation, or order alleged to have been violated.  In addition, the citation shall fix a reasonable time for the abatement of the violation.

(2) The director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health.

(3) Each citation, or a copy or copies thereof, issued under the authority of this section and RCW 49.17.130 shall be prominently posted, at or near each place a violation referred to in the citation occurred or as may otherwise be prescribed in regulations issued by the director.  The director shall provide by rule for procedures to be followed by an employee representative upon written application to receive copies of citations and notices issued to any employer having employees who are represented by such employee representative.  Such rule may prescribe the form of such application, the time for renewal of applications, and the eligibility of the applicant to receive copies of citations and notices.

(4) No citation may be issued under this section or RCW 49.17.130 after the expiration of six months following a compliance inspection, investigation, or survey revealing any such violation.

(5)(a) No citation may be issued under this section if the employer demonstrates that:

(i) The employees of the employer were provided with training and equipment in compliance with standards adopted under this chapter;

(ii) The employer maintains a written accident prevention program in compliance with standards adopted under this chapter and safety rules that are designed to prevent such violations and the program and rules were adequately communicated to employees, including conducting safety meetings as required by standards adopted under this chapter;

(iii) The employer takes reasonable measures to discover violations of the safety rules and to discipline employees when violations are discovered; and

(iv) The failure of employees to observe the safety rules led to the violation.

(b) This subsection (5) does not eliminate or modify any other defenses that may exist to a citation.

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