HOUSE BILL REPORT

EHB 1488

BYRepresentatives Cole, Patrick, Prentice, Vekich, Jones, Smith, Leonard, R. King and Walker

Providing for application of the Washington industrial safety and health act to the ferry system.

House Committe on Commerce & Labor

Majority Report:  Do pass with amendment.  (10)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Patrick, Ranking Republican Member; Jones, R. King, Leonard, Prentice, Smith, Walker and Wolfe.

House Staff:Chris Cordes (786-7117)

AS PASSED HOUSE MARCH 14, 1989

BACKGROUND:

In September, 1988, the Board of Industrial Insurance Appeals held that the Department of Labor and Industries did not have jurisdiction to enforce the Washington Industrial Safety and Health Act (WISHA) on Washington state ferries.  The board found that jurisdiction was preempted by the United States Coast Guard.  As a result of the decision, several citations issued against the Department of Transportation for violations of WISHA were vacated. The decision of the board is under appeal.

SUMMARY:

The Department of Transportation is required to ensure that the workplaces in the state ferry system, whether in navigable waters subject to federal or state jurisdiction, conform at a minimum with regulations adopted under the Washington Industrial Safety and Health Act (WISHA).

The jurisdiction of the Department of Labor and Industries under WISHA is changed to clarify that it includes a workplace under the jurisdiction or control of a federal agency where the application of WISHA is not specifically superseded by federal regulations at least as effective as WISHA.

If any provision of the act is held invalid, the remainder of the act is not affected.

Fiscal Note:      Not Requested.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Jeff Campiche, T.K. Bentler, and Dave Frieboth, Inland Boatmen's Union; and Pete Schmidt, Department of Labor and Industries.

NEUTRAL:  Robert McIntosh, Office of the Attorney General.

House Committee - Testified Against:      Mel Baird, Department of Transportation.

House Committee - Testimony For:    Workers on ferry vessels have suffered injuries that could have been prevented by observing the safety standards that are required of all other employers in the state.  The state, as an employer, has an obligation to ensure that workplaces are safe, whether or not the workplace is inspected by another governmental authority.

House Committee - Testimony Against:      The Department of Transportation has developed safety standards that are as stringent as the Washington Industrial Safety and Health Act.  The safety program, under the inspection of the Coast Guard and safety officers in the department, is working well and should not be changed.