H-737                _______________________________________________

                                                   HOUSE BILL NO. 1488

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 1/25/89 and referred to Committee on Commerce & Labor.

AN ACT Relating to safety and health protections for ferry system employees; amending RCW 49.17.030; adding a new section to chapter 47.56 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 47.56 RCW to read as follows:

          It is the intent of the legislature that the employees of the state ferry system receive the protections of the safety and health regulations adopted by the department of labor and industries pursuant to chapter 49.17 RCW.  The department of transportation shall take any actions necessary to ensure that the work places in the state ferry system, whether within navigable waters subject to the jurisdiction of the state of Washington or the United States, conform, at a minimum, with these regulations.

        Sec. 2.  Section 3, chapter 80, Laws of 1973 and RCW 49.17.030 are each amended to read as follows:

          This chapter shall apply with respect to employment performed in any work place within the state, including a work place under the jurisdiction or control of a federal agency where the application of this chapter is not specifically superseded by federal safety and health regulations promulgated to protect the employees.  The department of labor and industries shall provide by rule for a schedule of fees and charges to be paid by each employer subject to this chapter who is not subject to or obtaining coverage under the industrial insurance laws and who is not a self-insurer.  The fees and charges collected shall be for the purpose of defraying such employer's pro rata share of the expenses of enforcing and administering this chapter.

NEW SECTION. Sec. 3.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 4.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.