HOUSE BILL REPORT

HB 2452

BYRepresentatives R. King, Nelson, Vekich, Smith, Walker, Jones, Winsley and R. Meyers 

Providing for safety in Washington navigable waters.

House Committe on Commerce & Labor

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass. (11)

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

House Staff:Chris Cordes (786-7117)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Commerce & Labor be substituted therefor and the substitute bill do pass.  (20)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Appelwick, Belcher, Braddock, Brekke, Dorn, Ebersole, Hine, Inslee, May, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass.  (7)

      Signed by Representatives Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Bowman, Doty, McLean, Nealey and Sayan.

House Staff:      Michelle Hauth (786-7384)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS

FEBRUARY 2, 1990

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 specified areas of navigable water 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 in navigable waters. The rules must include safety requirements for the vessels, except for privately owned vessels that are inspected by the United States Coast Guard, cargo vessels, tugboats, and vessels covered by the Charter Boat Safety Act.  A vessel also is not covered when it is operated solely to demonstrate the vessel for a sale.

All commercial divers and dive tenders are required to be certified by the Department of Labor and Industries.  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 amendments exempt commercial cargo vessels, tugboats, and vessels covered by the Charter Boat Safety Act from the vessel safety rules of the Department of Labor and Industries.  A vessel also is not covered by the safety rules when the vessel is operated solely to demonstrate the vessel during a sale.  The authority of the Department of Fisheries to establish and enforce gear standards is deleted.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS:  None.

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

Revenue:    The bill has a revenue impact.

Fiscal Note:      Available.

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

House Committee ‑ Testified For:    (Commerce & Labor)  Representative Dick King, prime sponsor; Representative Dick Nelson; and Pete Schmidt, Department of Labor and Industries.

(Appropriations)  Representative Dick King, prime sponsor; and Representative Dick Nelson, second sponsor.

House Committee - Testified Against:      (Commerce & Labor)  Randy Kraxberger and Michael Ellis, citizens.

(Appropriations)  No one.

House Committee - Testimony For:    (Commerce & Labor)  There is an increasing number of accidents and deaths among workers and independent contractors who are engaged in diving and other similar activities.  As these natural resources become scarce, harvesting of the resource becomes more dangerous.  The Coast Guard does not have funding, or jurisdiction, to regulate worker safety. A certification program and vessel safety requirements would make these activities much safer.

(Appropriations)  The sponsors were approached by the interested divers concerned with diving conditions and safety.  Most of the commercial divers are young people who will take risks that others would not dare.  The divers are dying and suffering from many conditions such as bone marrow deterioration.  This bill would pay for itself if only one accident were prevented.

House Committee - Testimony Against:      (Commerce & Labor)  There is no need to authorize safety requirements that go beyond the federal Occupational Safety and Health Act.  The problem is adequate enforcement of the current regulations.  It is still not clear who has jurisdiction over the vessels.

(Appropriations)  None.