Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Commerce & Labor Committee |
HB 1111
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Exempting telecommunications trucks from crane safety requirements.
Sponsors: Representatives Eddy, Blake, Williams, Kenney and Moeller.
Brief Summary of Bill |
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Hearing Date: 1/23/09
Staff: Joan Elgee (786-7106)
Background:
Washington is a "state plan state" under the the Federal Occupational Safety and Health Act (OSHA). As a state plan state, Washington is authorized to assume responsibility for occupational safety and health in the state. To maintain its status, Washington's safety and health standards must be at least as effective as those standards adopted or recognized under OSHA.
In 2007, legislation was enacted requiring the Department of Labor and Industries to establish, by rule, a crane certification program and qualified crane operator requirements. The provisions take effect January 1, 2010. Certain cranes are exempt from the requirements. The exemptions include service trucks with mobile lifting devices designed specifically for use in the power line and electric service industries, such as digger derricks (radial boom derricks), when used in the power line and electric service industries for auguring holes to set power and utility poles, or handling associated materials to be installed or removed from utility poles.
In June 2003, the Federal Department of Labor established a Crane and Derrick Negotiated Rulemaking Committee (C-DAC) to develop a proposal to use as the basis for federal rule-making on new safety standards for cranes and derricks. In October 2008, the Department of Labor proposed rules based on the consensus reached by C-DAC. The proposed rules establish crane operator requirements but do not address crane certification. As proposed, the rules do not exempt telecommunications trucks from crane operator requirements.
Summary of Bill:
An exemption is added to crane certification and crane operator requirements for telecommunications trucks. The exemption is very similar to the service truck exemption. Service trucks with mobile lifting devices designed specifically for use in the telecommunications industry, such as digger derricks (radial boom derricks), when used in the telecommunications industry for auguring holes to set utility poles, or handling associated materials to be installed or removed from utility poles are exempt. The exemption is effective to the extent it is not in conflict with OSHA standards, as determined by the Department of Labor and Industries by rule.
Rules Authority: The bill contains provisions addressing the rule-making authority of the Department of Labor and Industries.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.