HOUSE BILL REPORT
HB 2982
BYRepresentatives Vekich, Wolfe, Cole, Walker, Leonard, Prentice and R. King
Providing for the protection of public health and safety in the handling of hazardous waste.
House Committe on Commerce & Labor
Majority Report: 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)
AS REPORTED BY COMMITTEE ON COMMERCE & LABOR FEBRUARY 2, 1990
BACKGROUND:
Under the Washington Industrial Safety and Health Act, employees must complete approved training before engaging in hazardous waste operations. Washington does not require certification of contractors undertaking hazardous waste projects or workers employed at hazardous waste sites.
SUMMARY:
Any person engaging in a project that may disturb hazardous material must make a reasonable effort to determine if hazardous material will be released and must prepare a written report. A copy of the report must be posted in a place that is easily accessible to affected employees. Persons undertaking hazardous waste projects, except for emergency projects, must also provide written notice to the Department of Labor and Industries. Emergency projects must be reported within 3 working days after the commencement of the project.
All property owners and employers are required to make a reasonable effort to identify areas containing hazardous material and maintain records of these areas.
Safety meetings are required for all hazardous waste projects prior to commencement of the projects, and weekly meetings must be held for the duration of the project. Persons entitled to notice of the meetings include representatives of the owner or contracting entity, the certified hazardous waste contractor, the employer, the employees of the certified hazardous waste contractor or other employer, the hazardous waste project workers, and employee representative. Minutes from the meetings must be posted in a place that is easily accessible to the employees.
A certification program for hazardous waste workers is established, to be administered by the Department of Labor and Industries. Requirements for certification include up to 80 hours of off-site training and 3 days of field experience. The department may specify additional qualifications necessary for certification. On-site management personnel and supervisors are required to have 8 hours of specialized training in addition to the training required for hazardous waste workers. Site safety and health supervisors must meet the requirements for hazardous waste workers certification and have the authority and knowledge necessary to implement the site safety and health plan and verify compliance with applicable safety and health requirements. All certified employees are required to pass an examination administered by the department. Eight hours of refresher training are required annually to maintain certification.
All work on hazardous waste projects must be performed by certified hazardous waste workers under the direction and supervision of an on-site certified site safety and health supervisor.
Contractors engaged in the hazardous waste operations must be certified and must employ at least one certified safety and health supervisor who is responsible for supervising the project and assuring compliance with all federal and state regulations regarding hazardous material. The contractor must be certified annually.
A certification may be suspended or revoked if the holder began a project without an inspection effort or notification to the department. A certification may also be revoked if it was obtained through error or fraud, or the holder is judged incompetent, after notice and hearing, to carry out the work. The penalty for an employer who violates the act is a maximum fine of $5,000 for a first offense, and possible suspension or revocation of the license to engage in hazardous waste projects. The penalty for a second offense is a maximum fine of $10,000 and automatic revocation of the license.
The hazardous material account is established in the state treasury. All fees collected under the act will be deposited in the account and used for administration and enforcement of the act.
Any employee who notifies the department of any activity in violation of the act is protected against discharge or discrimination.
Appropriation: $518,818 to the Department of Labor and Industries.
Fiscal Note: Available.
Effective Date:The bill takes effect January 1, 1991.
House Committee ‑ Testified For: Harold Avery, Northwest Laborers; Cindy Zehnder, Joint Council of Teamsters; and Steve Cant, Department of Labor and Industries.
House Committee - Testified Against: Jim Boldt, Rebanco; Dennis Stephani, Kempero; and Barry Bede, U.S. Ecology.
House Committee - Testimony For: The bill requires hazardous waste projects to be covered by the same standards that currently cover asbestos abatement projects. A hazardous waste site offers even more complex exposures to the workers and greater hazards to the public than asbestos projects. The state must take steps to assure quality work to protect workers and the public. The bill as drafted reduces the costs that had been projected for earlier certification bills.
House Committee - Testimony Against: There is agreement that worker training is necessary, but the scope of the bill raises concerns. Hazardous waste projects are extensively regulated now, and further government regulation may result in costly and unsafe delays. It is unclear whether a business could clean up a spill that occurred on its own premises. It should be clarified that radioactive wastes are not included in the bill's coverage because separate safety and certification requirements already apply to these projects.