H‑0647.1   _____________________________________________

 

HOUSE BILL 1127

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Clements and Schoesler

 

Read first time 01/18/2001.  Referred to Committee on Commerce & Labor.

_1      AN ACT Relating to safety and health rules related to

_2  musculoskeletal disorders; amending RCW 49.17.040 and 49.17.050;

_3  and creating a new section.

     

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_5      NEW SECTION.  Sec. 1.  The implementation schedule for rules

_6  dealing with musculoskeletal disorders, adopted on May 26, 2000,

_7  by the director of the department of labor and industries, and

_8  codified as WAC 296-62-05101 through 296-62-05176, shall be

_9  adjusted to take effect two years later than stated in the rule.

10  Prior to implementation of the rules, the director shall make

11  revisions to the rules necessary to impose only the same

12  requirements as rules adopted by the United States secretary of

13  labor under the authority of the Occupational Safety and Health

14  Act of 1970 (Public Law 91-596; 84 Stat. 1590) including revisions

15  to implement the final judgments for appeals filed prior to July

16  1, 2001, challenging the validity or content of the federal rules,

17  and not adopting provisions which impose requirements which are

18  still the subject of appeals where no final judgment has been

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_1  entered.  For the purposes of this section, "final judgment" means a

_2  judgment from which the plaintiffs have no additional appeal

_3  rights.

     

_4      Sec. 2.  RCW 49.17.040 and 1973 c 80 s 4 are each amended to read

_5  as follows:

_6      Except as provided in section 1 of this act, the director shall

_7  make, adopt, modify, and repeal rules and regulations governing

_8  safety and health standards for conditions of employment as

_9  authorized by this chapter after a public hearing in conformance

10  with the administrative procedure act and the provisions of this

11  chapter.  At least thirty days prior to such public hearing, the

12  director shall cause public notice of such hearing to be made in

13  newspapers of general circulation in this state, of the date,

14  time, and place of such public hearing, along with a general

15  description of the subject matter of the proposed rules and

16  information as to where copies of any rules and regulations

17  proposed for adoption may be obtained and with a solicitation for

18  recommendations in writing or suggestions for inclusion or changes

19  in such rules to be submitted not later than five days prior to

20  such public hearing.  Any preexisting rules adopted by the

21  department of labor and industries relating to health and safety

22  standards in work places subject to the jurisdiction of the

23  department shall remain effective insofar as such rules are not

24  inconsistent with the provisions of this chapter.

     

25      Sec. 3.  RCW 49.17.050 and 1998 c 224 s 1 are each amended to read

26  as follows:

27      Except as provided in RCW 49.17.040, in the adoption of rules

28  and regulations under the authority of this chapter, the director

29  shall:

30      (1) Provide for the preparation, adoption, amendment, or repeal

31  of rules and regulations of safety and health standards governing

32  the conditions of employment of general and special application in

33  all work places;

34      (2) Provide for the adoption of occupational health and safety

35  standards which are at least as effective as those adopted or

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_1  recognized by the United States secretary of labor under the

_2  authority of the Occupational Safety and Health Act of 1970

_3  (Public Law 91-596; 84 Stat. 1590);

_4      (3) Provide a method of encouraging employers and employees in

_5  their efforts to reduce the number of safety and health hazards at

_6  their work places and to stimulate employers and employees to

_7  institute new and to perfect existing programs for providing safe

_8  and healthful working conditions;

_9      (4) Provide for the promulgation of health and safety standards

10  and the control of conditions in all work places concerning gases,

11  vapors, dust, or other airborne particles, toxic materials, or

12  harmful physical agents which shall set a standard which most

13  adequately assures, to the extent feasible, on the basis of the

14  best available evidence, that no employee will suffer material

15  impairment of health or functional capacity even if such employee

16  has regular exposure to the hazard dealt with by such standard for

17  the period of his working life; any such standards shall require

18  where appropriate the use of protective devices or equipment and

19  for monitoring or measuring any such gases, vapors, dust, or other

20  airborne particles, toxic materials, or harmful physical agents;

21      (5) Provide for appropriate reporting procedures by employers

22  with respect to such information relating to conditions of

23  employment which will assist in achieving the objectives of this

24  chapter;

25      (6) Provide for the frequency, method, and manner of the making

26  of inspections of work places without advance notice; and,

27      (7) Provide for the publication and dissemination to employers,

28  employees, and labor organizations and the posting where

29  appropriate by employers of informational, education, or training

30  materials calculated to aid and assist in achieving the objectives

31  of this chapter;

32      (8) Provide for the establishment of new and the perfection and

33  expansion of existing programs for occupational safety and health

34  education for employers and employees, and, in addition institute

35  methods and procedures for the establishment of a program for

36  voluntary compliance solely through the use of advice and

37  consultation with employers and employees with recommendations

38  including recommendations of methods to abate violations relating

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_1  to the requirements of this chapter and all applicable safety and

_2  health standards and rules and regulations promulgated pursuant to

_3  the authority of this chapter;

_4      (9) Provide for the adoption of safety and health standards

_5  requiring the use of safeguards in trenches and excavations and

_6  around openings of hoistways, hatchways, elevators, stairways, and

_7  similar openings;

_8      (10) Provide for the promulgation of health and safety

_9  standards requiring the use of safeguards for all vats, pans,

10  trimmers, cut off, gang edger, and other saws, planers, presses,

11  formers, cogs, gearing, belting, shafting, coupling, set screws,

12  live rollers, conveyors, mangles in laundries, and machinery of

13  similar description, which can be effectively guarded with due

14  regard to the ordinary use of such machinery and appliances and

15  the danger to employees therefrom, and with which the employees of

16  any such work place may come in contact while in the performance

17  of their duties and prescribe methods, practices, or processes to

18  be followed by employers which will enhance the health and safety

19  of employees in the performance of their duties when in proximity

20  to machinery or appliances mentioned in this subsection;

21      (11) Certify that no later than twenty business days prior to

22  the effective date of any significant legislative rule, as defined

23  by RCW 34.05.328, a meeting of impacted parties is convened to:

24  (a) Identify ambiguities and problem areas in the rule; (b)

25  coordinate education and public relations efforts by all parties;

26  (c) provide comments regarding internal department training and

27  enforcement plans; and (d) provide comments regarding appropriate

28  evaluation mechanisms to determine the effectiveness of the new

29  rule.  The meeting shall include a balanced representation of both

30  business and labor from impacted industries, department personnel

31  responsible for the above subject areas, and other agencies or key

32  stakeholder groups as determined by the department.  An existing

33  advisory committee may be utilized if appropriate.

 

‑‑‑ END ‑‑‑

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