AN
ACT Relating to defining agriculture; amending RCW 49.17.020; and creating a
new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that the state's farms are diverse in their nature and the
owners, managers, and their employees continually find new ways to plant,
raise, harvest, process, store, market, and distribute their products. The
legislature further finds that the department of labor and industries needs
guidance in determining when activities related to agricultural products are to
be regulated as agricultural activities and when they should be regulated as
other activities. It is the intent of the legislature that activities
performed by a farmer as incident to or in conjunction with his or her farming
activities be regulated as agricultural activities. For this purpose, an
agricultural activity is to be interpreted broadly, based on the definition of
"agriculture" in RCW 49.17.020.
Sec.
2. RCW
49.17.020 and 1973 c 80 s 2 are each amended to read as follows:
For
the purposes of this chapter:
(1)
The term "agriculture" means farming and includes, but is not
limited to:
(a)
The cultivation and tillage of the soil;
(b)
Dairying;
(c)
The production, cultivation, growing, and harvesting of any agricultural or
horticultural commodity;
(d)
The raising of livestock, bees, fur-bearing animals, or poultry; and
(e)
Any practices performed by a farmer or on a farm, incident to or in connection
with such farming operations, including but not limited to preparation for
market and delivery to:
(i)
Storage;
(ii)
Market; or
(iii)
Carriers for transportation to market.
The
term Aagriculture@ does not mean a farmer=s processing for sale or handling for sale a
commodity or product grown or produced by a person other than the farmer or the
farmer=s employees.
(2)
The term "director" means the director of the department of labor and
industries, or his designated representative.
(((2)))
(3) The term "department" means the department of labor and
industries.
(((3)))
(4) The term "employer" means any person, firm, corporation,
partnership, business trust, legal representative, or other business entity
which engages in any business, industry, profession, or activity in this state
and employs one or more employees or who contracts with one or more persons,
the essence of which is the personal labor of such person or persons and
includes the state, counties, cities, and all municipal corporations, public
corporations, political subdivisions of the state, and charitable
organizations: PROVIDED, That any person, partnership, or business entity not
having employees, and who is covered by the industrial insurance act shall be
considered both an employer and an employee.
(((4)))
(5) The term "employee" means an employee of an employer who
is employed in the business of his employer whether by way of manual labor or
otherwise and every person in this state who is engaged in the employment of or
who is working under an independent contract the essence of which is his
personal labor for an employer under this chapter whether by way of manual
labor or otherwise.
(((5)))
(6) The term "person" means one or more individuals,
partnerships, associations, corporations, business trusts, legal representatives,
or any organized group of persons.
(((6)))
(7) The term "safety and health standard" means a standard
which requires the adoption or use of one or more practices, means, methods,
operations, or processes reasonably necessary or appropriate to provide safe or
healthful employment and places of employment.
(((7)))
(8) The term "work place" means any plant, yard, premises,
room, or other place where an employee or employees are employed for the
performance of labor or service over which the employer has the right of access
or control, and includes, but is not limited to, all work places covered by
industrial insurance under Title 51 RCW, as now or hereafter amended.
(((8)))
(9) The term "working day" means a calendar day, except
Saturdays, Sundays, and all legal holidays as set forth in RCW 1.16.050, as now
or hereafter amended, and for the purposes of the computation of time within
which an act is to be done under the provisions of this chapter, shall be
computed by excluding the first working day and including the last working day.
