BP BHEAD INT S [atlas:bill]

AN ACT Relating to workplace safety standards by the department of labor and industries; and amending RCW 49.17.290.

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

Sec. 1. RCW 49.17.290 and 1997 c 208 s 1 are each amended to read as follows:

(1) The director shall ((~~establish~~)) appoint a law enforcement and fire fighting technical ((~~review~~)) advisory committee to be composed of ((~~eight~~)) the following members ((~~appointed by the director.~~)): Four members ((~~must be representatives of~~)) representing fire fighters, two of whom must be members of the law enforcement officers' and fire fighters' retirement system, ((~~and be~~)) selected from a list of not less than six names submitted to the director by organizations, state-wide in scope, which through their affiliates embrace a cross-section and a majority of fire fighters in the state((.)); two members ((~~must be representatives of~~)) representing fire chiefs, ((~~and be~~)) selected from a list of at least five names submitted to the director by a recognized state-wide organization representing a majority of fire chiefs((.)); two members ((~~must be representatives of~~)) representing fire commissioners, ((~~and be~~)) selected from a list of at least five names submitted to the director by a recognized state-wide organization representing a majority of fire commissioners; and four members representing law enforcement officers as defined in RCW 41.26.030, selected from a list of at least five names submitted to the director by a recognized state-wide organization representing a majority of law enforcement officers.

(2) The director, or his or her designee, shall be an ex officio member of the committee. All appointments are for a term of ((~~three~~)) two years((~~, except the director may appoint the initial members to staggered terms of from one to three years~~)). Members of the committee hold office until their successors are appointed. The director may remove any member for cause. In case of a vacancy, the director is authorized to appoint a person to serve for the remainder of the unexpired term. The director shall make all appointments in conformity with the plan in this subsection.

(3) The director or designee shall be the chair of the committee. The committee may meet at a time and place designated by the director, or a majority of the members, and shall hold meetings during the year to advise the director. Each member of the committee shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.

(4)(a) The purpose of the committee is to provide technical assistance to the department if an inspection or investigation under this chapter of an emergency response situation reveals a possible violation of RCW 49.17.060, or a safety or health standard adopted under this chapter. The committee may also provide technical assistance to the department if an inspection or investigation of an emergency response situation reveals possible noncompliance with industry consensus standards for fire fighting or law enforcement. If the department issues a citation under this chapter based on events in an emergency situation, the department shall consult with the committee before issuing a citation that includes a penalty authorized by RCW 49.17.140.

(b) The committee's recommendation is advisory only and does not limit the department's authority to assess a penalty. This section does not create a right or cause of action or add to any existing right or cause of action.

(5) For the purpose of this section, "emergency response situation" includes, but is not limited to, situations in which employees of a fire department or fire district or law enforcement agency are involved in a fire combat scene, a hazardous materials response situation, a rescue, a violent crime scene, or a response involving emergency medical services.

(6) This section expires July 1, 2001.