BILL REQ. #:  H-3765.1 

Read first time 01/31/14.   Referred to Committee on Transportation.

     AN ACT Relating to investigations of accidents and incidents in the Washington state ferry system; 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   In order to maintain a safe and efficient Washington state ferry system, the legislature recognizes the importance of a rigorous investigation process in response to accidents and incidents in the ferry system. The legislature recognizes further the importance of a process that is structured, uniform, and accountable to the people of Washington. The legislature also recognizes the public trust developed through the credible, fair, and thorough investigations conducted by the national transportation safety board and the United States navy's judge advocate general corps. To these ends, the legislature intends to establish and codify an investigation process that is clear and fair to both the public and ferry employees, recognizes the special maritime conditions in which the ferry system operates, is useful to accident investigators, and is responsive to public concerns.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.60 RCW to read as follows:
     (1)(a) The department must develop a proposal of comprehensive accident and incident investigation procedures to submit to the governor and the transportation committees of the legislature by November 1, 2014. The proposal must be accompanied by a summary of public comments authorized under subsection (2) of this section.
     (b) During the development of the procedures, the department must consult with ferry system unions, the United States coast guard, comparable ferry systems, and independent outside experts on incident and accident investigation best practices. The department must also review processes for accident investigations by the national transportation safety board and other industry sources to adopt applicable processes.
     (c) The proposal must contain:
     (i) The definitions of an "incident" and an "accident" and the types of investigations required for these events;
     (ii) The process for employees to report accidents and incidents;
     (iii) An identification of the proper convening authority to (A) initiate an investigation of an accident or incident, (B) determine the scope of the investigation, and (C) appoint an investigating officer;
     (iv) The process for appointing an investigating officer and a description of the authorities and responsibilities of the investigating officer. The investigating officer must:
     (A) Have the appropriate knowledge, training, and experience required to conduct a comprehensive investigation;
     (B) Not have been involved in the incident or accident or have acted in any role that could have contributed to the accident or incident so as to avoid any real or potential appearance of a conflict of interest;
     (C) Have full access to all facilities and equipment involved in the accident or incident under investigation, as well as any persons, records, and relevant organizations that may have information about or may have contributed to the incident or accident under investigation;
     (D) Be provided with appropriate outside technical expertise; and
     (E) Be provided with staff and legal counsel as may be appropriate to the type of investigation;
     (v) A process of working with employees in accordance with collective bargaining agreements;
     (vi) The manner in which the United States coast guard is kept informed of, interacts with, and, if necessary, reviews the investigation;
     (vii) The process within the department for review, approval, and implementation of any recommendations by the investigator;
     (viii) The process for keeping the public and the media informed of the investigation and its outcomes without reaching conclusions before the investigation has been completed; and
     (ix) A method for the investigator to deliver a final report on the accident or incident, summarizing all relevant information together with the investigator's explanation of the accident or incident and recommendations to avoid a future accident or incident. The department must publish these final reports and make them available on its web site for the benefit of the public at large.
     (2) Prior to submitting the proposal required under subsection (1) of this section, the department must conduct public meetings with the ferry advisory committees established under RCW 47.60.310. During these meetings, the department must provide the public with the draft proposal and allow for public comment.
     (3)(a) Upon approval by the transportation committees of the legislature, the department must publish a manual on accident and incident investigations, containing the rules to be followed by the department in conducting an investigation. The department must make the manual available on its web site for the benefit of the public at large.
     (b) The department must republish the manual described in (a) of this subsection every odd-numbered year, incorporating any necessary changes, additions, or deletions.
     (4) The department must submit to the transportation committees of the legislature by August 31, 2014, a comprehensive summary of all incidents and accidents that have occurred in the ferry system since January 1, 2008. The summary must include a synopsis of the investigating activities, the results of the investigation, the cost of repairs and corrective measures, and the impact on ferry service. Thereafter, the department must submit the summary annually on January 15th covering the prior calendar year.