BILL REQ. #:  S-1806.2 

READ FIRST TIME 03/02/05.   

     AN ACT Relating to voluntary compliance with safety standards by small agricultural employers; and amending RCW 49.17.250 and 43.05.090.

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

Sec. 1   RCW 49.17.250 and 1991 c 89 s 2 are each amended to read as follows:
     (1) In carrying out the responsibilities for the development of a voluntary compliance program under the authority of RCW 49.17.050(8) and the rendering of advisory and consultative services to employers, the director: (a) May grant an employer's application for advice and consultation((, and)); (b) shall, except as provided in subsection (3)(b) of this section, consider an initial visit to a small farming operation to be a visit for advice and consultation; (c) for the purpose of affording ((such)) consultation and advice under either (a) or (b) of this subsection, may visit the employer's work place. ((Such)) Consultation and advice shall be limited to ((the)) matters ((specified in the request)) affecting the interpretation and applicability of safety and health standards to the conditions, structures, machines, equipment, apparatus, devices, materials, methods, means, and practices in the employer's work place, as specified in the employer's request, if any. The director in granting any requests for or otherwise performing consultative or advisory service may provide for an alternative means of affording consultation and advice other than on-site consultation, including, but not limited to geographic or industry-specific safety education forums or conferences conducted solely by the department or in cooperation with one or more industry or trade associations.
     (2) The director, or an authorized representative, will make recommendations regarding the elimination of any hazards disclosed within the scope of the on-site consultation. No visit to an employer's work place made under subsection (1) of this section shall be regarded as an inspection or investigation under the authority of this chapter, and no notices or citations shall be issued, nor, shall any civil penalties be assessed upon such visit, nor shall any authorized representative of the director designated to render advice and consult with employers under the voluntary compliance program have any enforcement authority: PROVIDED, That in the event an on-site visit discloses a serious violation of a health and safety standard as defined in RCW 49.17.180(6), and the hazard of such violation is either not abated by the cooperative action of the employer, or, is not subject to being satisfactorily abated by the cooperative action of the employer, the director shall either invoke the administrative restraining authority provided in RCW 49.17.130 or seek the issuance of injunctive process under the authority of RCW 49.17.170 or invoke both such remedies.
     (3)(a) Nothing in this section shall be construed as providing immunity to any employer who has made application for consultative services during the pendency of the granting of such application from inspections or investigations conducted under RCW 49.17.070 or any inspection conducted as a result of a complaint, nor immunity from inspections under RCW 49.17.070 or inspections resulting from a complaint subsequent to the conclusion of the consultative period.
     (b) An initial visit of a small farming operation resulting from a report of a work-related injury or fatality shall not be considered a visit for advice and consultation under subsection (1) of this section.
     (c) This section shall not be construed as requiring an inspection under RCW 49.17.070 of any work place which has been visited for consultative purposes. However, in the event of a subsequent inspection, the director, or an authorized representative, may in his or her discretion take into consideration any information obtained during the consultation visit of that work place in determining the nature of an alleged violation and the amount of penalties to be assessed, if any. ((Such))
     (d) Rules ((and regulations to be promulgated pursuant to)) adopted under this section shall provide that in all instances of serious violations as defined in RCW 49.17.180(6) which are disclosed in any consultative period, shall be corrected within a specified period of time at the expiration of which an inspection will be conducted under the authority of RCW 49.17.070. All employers requesting or receiving consultative services shall be advised of the provisions of this section and the rules adopted by the director relating to the voluntary compliance program.
     (e) Information obtained by the department as a result of ((employer-requested)) consultation and training services provided under this section shall be deemed confidential and shall not be open to public inspection, but may be included in a service report in accordance with (f) of this subsection, or a report made pursuant to RCW 43.05.090, and thereby disclosed to the employer's employees or their collective bargaining representatives.
     (f) Within thirty days of receipt, the employer shall make voluntary services reports available to employees or their collective bargaining representatives for review. Employers may satisfy the availability requirement by requesting a copy of the reports from the department.
     (g) The director may provide by rule for the frequency, manner, and method of the rendering of consultative services to employers, and for the scheduling and priorities in granting applications consistent with the availability of personnel, and in such a manner as not to jeopardize the enforcement requirements of this chapter.
     (4) For the purposes of this section, a "small farming operation" means an employer that:
     (a) Is engaged in the growing of or harvesting of crops, the raising of livestock or poultry, or related activities conducted on sites such as a farm, ranch, orchard, dairy farm, or similar farming operation;
     (b) Employs ten or fewer employees on the day of the visit and at all times during the twelve months preceding the visit; and
     (c) Has not housed any seasonal or temporary farm workers in permanent or temporary structures located on or off the property of the employer during the twelve months preceding the visit.
     "Small farming operation" shall be interpreted to be consistent with that term as it is defined or used by the United States department of labor, occupational safety and health administration in the administration of the federal occupational safety and health act (29 U.S.C. chapter 15).

Sec. 2   RCW 43.05.090 and 1996 c 206 s 4 are each amended to read as follows:
     (1) Following a consultative visit pursuant to RCW 49.17.250, the department of labor and industries shall issue a report to the employer that the employer shall make available to its employees. The report shall contain:
     (a) A description of ((the)) any condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule;
     (b) A statement of what is required to achieve compliance;
     (c) The date by which the department requires compliance to be achieved;
     (d) Notice of means to contact technical assistance services provided by the department; and
     (e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.
     (2) Following a compliance inspection pursuant to RCW 49.17.120, the department of labor and industries shall issue a citation for violations of industrial safety and health standards. The citation shall not assess a penalty if the violations:
     (a) Are determined not to be of a serious nature;
     (b) Have not been previously cited;
     (c) Are not willful; and
     (d) Do not have a mandatory penalty under chapter 49.17 RCW.