AN ACT Relating to
agricultural safety standards; adding new sections to chapter 49.17 RCW; and
creating new sections.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that:
(1) The state's highly
productive and efficient agricultural sector is composed predominately of
family-owned and managed farms and an industrious and efficient work force;
(2) A reasonable level
of safety regulations is needed to protect workers;
(3) The smaller but
highly efficient farming operations would benefit from safety rules that are
easily referenced and agriculture-specific to the extent possible; and
(4) There should be
lead time between the adoption of agriculture safety rules and their effective
date in order to allow the department of labor and industries to provide
training, education, and enhanced consultation services to family-owned and
managed farms.
NEW SECTION. Sec.
2. A new section is added
to chapter 49.17 RCW to read as follows:
(1)(a) Except as
provided in (b) of this subsection, no rules adopted under this chapter
amending or establishing agricultural safety standards shall take effect during
the period beginning January 1, 1995, and ending January 15, 1996. This
subsection applies, but is not limited to applying, to a rule adopted before
January 1, 1995, but with an effective date which is during the period
beginning January 1, 1995, and ending January 15, 1996, and to provisions of
rules adopted prior to January 1, 1995, which provisions are to become
effective during the period beginning January 1, 1995, and ending January 15,
1996.
(b) Subsection (1)(a)
of this section does not apply to: Provisions of rules that were in effect
before January 1, 1995; emergency rules adopted under RCW 34.05.350; or
revisions to chapter 296-306 WAC regarding rollover protective structures that
were adopted in 1994 and effective March 1, 1995, and that are additionally
revised to refer to the variance process available under this chapter.
(2) The rules for
agricultural safety adopted under this chapter must:
(a) Establish, for
agricultural employers, an agriculture safety standard that includes
agriculture-specific rules and specific references to the general industry
safety standard adopted under chapter 49.17 RCW; and
(b) Exempt agricultural
employers from the general industry safety standard adopted under chapter 49.17
RCW for all rules not specifically referenced in the agriculture safety
standard.
(3) The department
shall publish in one volume all of the occupational safety rules that apply to
agricultural employers and shall make this volume available to all agricultural
employers before January 15, 1996. This volume must be available in both
English and Spanish.
(4) The department
shall provide training, education, and enhanced consultation services
concerning its agricultural safety rules to agricultural employers before the
rules' effective dates. The training, education, and consultation must
continue throughout the winter of 1995-1996. Training and education programs
must be provided throughout the state and must be coordinated with agricultural
associations in order to meet their members' needs.
(5) The department
shall provide, for informational purposes, a list of commercially available
rollover protective structures for tractors used in agricultural operations
manufactured before October 25, 1976. The list must include the name and
address of the manufacturer and the approximate price of the structure.
Included with the list shall be a statement indicating that an employer may
apply for a variance from the rules requiring rollover protective structures
under this chapter and that variances may be granted in appropriate
circumstances on a case-by-case basis. The statement shall also provide
examples of circumstances under which a variance may be granted. The list and
statement shall be generally available to the agricultural community before the
department may take any action to enforce rules requiring rollover protective
structures for tractors used in agricultural operations manufactured before
October 25, 1976.The text of the following section
has been vetoed by the Governor. It is noted in bold italic.
*NEW SECTION.
Sec. 3. A new section is
added to chapter 49.17 RCW to read as follows:
Other than rules
published under section 2(3) of this act, the director may adopt, in accordance
with chapter 34.05 RCW, rules concerning agriculture safety, other than
emergency rules, only:
(1) As specifically
required by federal law, and only to the extent specifically required; or
(2) As
specifically authorized by statute enacted after the effective date of this
section.
*Sec. 3
was vetoed. See message at end of chapter.
NEW SECTION. Sec.
4. Section 2(1) of this act
is remedial in nature and applies to rules and provisions of rules regarding
agricultural safety that would take effect after December 31, 1994.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 3, Engrossed Substitute Senate Bill
No. 5121 entitled:
"AN ACT Relating to agricultural safety standards;"
Engrossed Substitute Senate Bill No. 5121 is
very good legislation which makes a number of changes related to agricultural
safety standards. It provides equal treatment for farm workers in the area of
workplace safety standards and provides technical assistance for agricultural
employers.
However, section 3 of this bill prohibits the
adoption of additional safety rules by the Department of Labor and Industries
(L&I) unless those rules are mandated by federal law, or are specifically
authorized by the legislature. I believe this section represents an unwise
change in policy and creates a situation where agricultural workers do not
receive protections equal to those of other workers. The federal Occupational
Safety and Health Act of 1970 (OSHA) establishes minimum safety standards that
states must meet or exceed for all workers. Section 3 would establish OSHA
rules not as a minimum standard, as is the case for other workers, but as a
maximum standard for farm worker safety.
Farm workers are an integral part of the
state's labor force. They are entitled to the same respect and safe working
conditions enjoyed by all other workers. By restricting rule making
activities, section 3 undermines the worker protective policy embodied in the
Washington Industrial Safety and Health Act. In addition, it would
unnecessarily inhibit L&I from taking action to simplify rules, improve
current practices, lessen regulatory burdens, respond to changes in
agricultural technology or techniques, and respond to issues brought forth by
industry.
For these reasons, I am vetoing section 3 of
Engrossed Substitute Senate Bill No. 5121.
With the exception of
section 3, Engrossed Substitute Senate Bill No. 5121 is approved."
