HOUSE BILL REPORT

HB 2071

BYRepresentatives R. King, Nelson and Spanel

Licensing commercial divers and dive tenders and providing health and safety standards for commercial activities on navigable waters.

House Committe on Commerce & Labor

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (7)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Jones, R. King, Leonard, Prentice and Smith.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Patrick, Ranking Republican Member; Walker and Wolfe.

House Staff:Chris Cordes (786-7117)

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR MARCH 1, 1989

BACKGROUND:

The federal Occupational Safety and Health Administration (OSHA) regulates workplace safety for occupations performed in navigable waters.  OSHA, however, does not enforce these safety regulations unless the activity occurs within an "employee-employer" relationship.  Many activities, such as shellfish diving, are performed under independent contracts.

The United States Coast Guard has adopted commercial diving standards that apply in specific areas and safety regulations for inspected vessels in navigable waters.  Certain privately owned vessels are not inspected by the Coast Guard.

The state does not have a comprehensive safety program for commercial diving.

SUMMARY:

SUBSTITUTE BILL:  The Department of Labor and Industries must adopt safety regulations for persons engaged in commercial activities or working on or within navigable waters or on vessels.  The rules must include safety requirements for the vessels, except for privately owned vessels that are inspected by the United States Coast Guard.

All commercial divers and dive tenders are required to be certified by the department.  To obtain certification, the applicant must pass an examination on safety requirements and show proof of medical fitness and diver training.  Fees must be charged to cover the cost of the certification program.

The safety requirements will be administered, and any violations of the safety requirements or certification program will be assessed, under the Washington Industrial Safety and Health Act.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill deletes two sections of the original bill that would have required the Department of Fisheries (1) to notify the Department of Labor and Industries for investigation of safety violations and (2) to suspend geoduck licenses for violations of the safety requirements established by the Department of Labor and Industries.

The amount of the appropriation to the Department of Labor and Industries is inserted.

Appropriation:    $264,165 to the Department of Labor and Industries.

Fiscal Note:      Requested March 2, 1989.

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

House Committee ‑ Testified For:    Representative Richard King, Prime Sponsor; and Pete Schmidt, Department of Labor and Industries.

House Committee - Testified Against:      Robert McIntosh, Department of Transportation.

House Committee - Testimony For:    Although there is some regulation of commercial diving activities, the regulations do not appear to cover everyone.  The state should address the gaps in the law by enacting comprehensive safety standards for commercial diving activities.

House Committee - Testimony Against:      If the bill is intended to apply to the Washington state ferries, it raises an issue of federal preemption because of regulation by the United States Coast Guard.