5161 AMS KEIS BUCH 002

SB 5161 - S AMD 016

By Senators Keiser and Doumit

2/18/03 ADOPTED

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 49.17 RCW to read as follows:

The department of labor and industries shall:

(1) establish an ergonomics resource center, to provide expertise and assistance to employers within the state of Washington who seek training, consultation, and technical assistance to comply with the ergonomics rule adopted by the department. To make ergonomics information widely available, the center shall partner with economic development councils, local chambers of commerce, and the Washington manufacturing service. The center shall develop industry-by-industry best-practices guides to assist businesses and workers in applying ergonomics in the workplace. The department shall consult with the Washington Industrial Safety and Health Act advisory committee and determine whether the resource center should rely upon a public-private partnership as its permanent organizational home;

(2) create an ergonomics clearinghouse, to encourage businesses and workers to share proven methods of reducing hazards and preventing injuries. The clearinghouse shall expand the internet-based ergonomics ideas bank, and include compliance guides, checklists, tip sheets, and demonstration projects. The department shall encourage businesses, workers, and health and safety professionals to: (a) provide information regarding hazard reduction and injury prevention for inclusion by the Clearinghouse, and (b) to apply such information in the workplace;

(3) establish a small business ergonomics task force, in consultation with the governor's small business improvement council. The department and the task force shall produce a small business

ergonomics assistance guide, make it readily available to businesses, and evaluate the effectiveness of the guide;

(4) appoint an ergonomics ombudsman. Working with safety and health professionals, the ombudsman shall assist employers and employees with problems implementing the ergonomics rule in the workplace;

(5) establish by administrative rule a two-year demonstration project, providing ergonomic assistance awards as approved by the director, up to five thousand dollars per award, to small businesses seeking to reduce hazards and prevent injuries through application of the ergonomic rule, to wholly or partially offset the cost of ergonomic workplace improvement. The department shall provide up to one million dollars out of existing resources to fund the awards. The department shall require an outside evaluation of the demonstration;

(6) establish an ergonomics enforcement review board. The board shall consist of nine members appointed for two years by the director, three of whom shall be representatives of business, three of whom shall be representatives of labor, and three of whom shall be safety and health professionals. The director or his designee will serve as an ex officio member and chair of the board. The board shall report its activities and experience to the department and the Washington Industrial Safety and Health Act advisory committee upon the completion of its two-year term.

Prior to any direct or indirect enforcement of the ergonomics rule, the board shall: (a) develop clear inspection procedures that can be applied fairly and consistently, (b) test these procedures with volunteer employers, (c) develop final inspection procedures based on available feedback from employers and employees, and (d) ensure that department inspectors are fully trained in the final inspection procedures before conducting required non-volunteer inspections. The board shall review all ergonomic inspections involving issues of feasibility prior to the department issuing citations, and make recommendations to the department upon completing its review. The department shall reject the recommendations of the board only for good cause;

(7) Conduct periodic internal audits to ensure that workplace inspections are performed consistently and in accordance with the

department's enforcement procedures. All proposed ergonomics citations that could result in the imposition of fines or penalties shall be reviewed by the office of the assistant director for the Washington Industrial Safety and Health Act; and

(8) Adopt any rules necessary to implement this section."

--- END ---

EFFECT: Establishes programs within the department of labor and industries to promote ergonomic education, provide assistance to businesses, and establishes an ergonomics review board.