BILL REQ. #:  H-1415.1 

Read first time 02/06/09.   Referred to Committee on Transportation.

     AN ACT Relating to Washington state ferries incident and accident investigation policies; adding a new section to chapter 47.60 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The department of transportation ferries division (Washington state ferries) carries over twenty-three million people annually. Commuters, employers, students, commercial shippers, and tourists rely on Washington state ferries for safe transportation across Puget Sound. Incidents and accidents involving Washington state ferries can lead to expensive repairs and to a loss of service that affects thousands of passengers. A comprehensive incident and accident investigation policy is essential to the safe and reliable operation of Washington state ferries.
     (2) It is the intent of the legislature that Washington state ferries creates and maintains a comprehensive incident and accident investigation policy.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.60 RCW to read as follows:
     Washington state ferries shall create a comprehensive incident and accident investigation policy and transmit a copy to the legislature by November 1, 2009. The policy must contain, at a minimum:
     (1) The definition of an incident and an accident and the type of investigation that is required by both types of events;
     (2) The process for appointing an investigating officer or officers and a description of the authorities and responsibilities of the investigating officer or officers. The investigating officer or officers must:
     (a) Have the appropriate training and experience as determined by the policy; and
     (b) Not have been involved in the incident or accident so as to avoid any conflict of interest;
     (3) The process of working with the affected employee or employees in accordance with the employee's or employees' respective collective bargaining agreement and the appropriate union officials, within protocols afforded to all public employees;
     (4) The open and cooperative approach to be used with the United States coast guard;
     (5) The process for review, approval, and implementation of any approved recommendations within the department; and
     (6) The process for keeping the public informed of the investigation and its outcomes, in compliance with any affected employee's or employees' respective collective bargaining agreement and state laws and rules regarding public disclosure under chapter 42.56 RCW.