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ENGROSSED SENATE BILL 5161
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State of Washington58th Legislature2003 Regular Session

By Senators Hewitt, Rasmussen, Honeyford, T. Sheldon, Hale, Hargrove, Horn, Haugen, Mulliken, Oke, Sheahan, Roach, McCaslin, Benton, Brandland, Deccio, Esser, Johnson, Parlette, Rossi and Schmidt

Read first time 01/16/2003.   Referred to Committee on Commerce & Trade.



     AN ACT Relating to ergonomics rules; and adding new sections to chapter 49.17 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 49.17 RCW to read as follows:
     Rules dealing with musculoskeletal disorders, filed on May 26, 2000, by the director, and codified as WAC 296-62-05101 through 296-62-05176, shall have no force and effect, but shall remain in place for use only as voluntary guidelines for employers. The director shall not adopt any new or amended rules dealing with musculoskeletal disorders that are substantially the same as these rules until and unless required by congress or the federal occupational safety and health administration.

NEW SECTION.  Sec. 2   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) 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; and
     (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 ergonomics rule, to wholly or partially offset the cost of ergonomics 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.

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