AN ACT Relating to safety in Washington navigable waters; amending RCW 75.08.012; adding a new chapter to Title 49 RCW; adding a new chapter to Title 75 RCW; prescribing penalties; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Commercial" means related to or connected with buying, selling, bartering, or providing services, and includes related employment. Diving and harvesting, catching, taking, or killing shellfish in excess of the limits permitted for personal use is a commercial activity.

(2) "Commercial divers" include divers who harvest, catch, take, or kill shellfish in navigable waters.

(3) "Department" means the department of labor and industries.

(4) "Dive tender" means an individual stationed at the entry point of the commercial diver in the water, who maintains voice communication with the diver in the water, and who is knowledgeable in safe diving procedures and trained in emergency rescue procedures and cardiopulmonary resuscitation.

(5) "Navigable waters" means all waters within the territorial limits of the state of Washington and includes those waters on inland lakes and rivers.

(6) "Person" means any individual engaged in commercial diving operations or any other commercial activities on navigable waters.

(7) "Vessel" means watercraft of every description both privately and publicly owned.

NEW SECTION. Sec. 2. The department shall adopt rules under chapter 34.05 RCW providing health and safety standards for persons engaged in commercial activities or working on or within navigable waters or on vessels operating on or within navigable waters, and shall include safety requirements for such vessels, except for privately owned vessels that are inspected by the United States coast guard.

NEW SECTION. Sec. 3. (1) All commercial divers and dive tenders shall obtain a Washington commercial diver's certificate issued by the department before commencing any commercial diving activity. Licenses shall be renewed annually.

(2) To obtain certification, commercial divers shall obtain a passing mark on the commercial diver's examination administered by the department. The required passing mark shall be eighty percent. The examination shall test the applicant's knowledge of general safety requirements, including but not limited to:

(a) Basic diving physics and physiology;

(b) Safe diving practices and procedures;

(d) Emergency management of diving accidents; and

(e) Recognition of decompression tables and repetitive diving procedures as set forth in the United States Navy diving manual.

(3) The department shall make available a study guide which may be used by persons who intend to take the commercial diver's examination.

(4) The department shall require that candidates for the examination display specific qualifications before taking the examination. Such qualifications may include but are not limited to:

(a) Proof of medical fitness, as verified within the previous twelve months;

(b) Proof of commercial diver training; and

(5) The department shall set dates, times, and locations for administering the commercial diver's examination.

NEW SECTION. Sec. 4. The department shall prescribe fees to cover the cost of issuing and renewing certificates and developing and administering examinations under section 3 of this act. Fees shall be deposited in the industrial insurance trust funds and shall be used for carrying out section 3 of this act.

NEW SECTION. Sec. 5. Unless specifically provided otherwise by statute, this chapter and the rules adopted under this chapter shall be implemented and enforced, including penalties, violations, citations, appeals, and other administrative procedures, by the department pursuant to the Washington industrial safety and health act, chapter 49.17 RCW.

NEW SECTION. Sec. 6. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Approved diving gear" means surface supplied air diving gear meeting department standards.

(2) "Commercial" means related to or connected with buying, selling, or bartering. Diving and harvesting, catching, taking, or killing shellfish in excess of the limits permitted for personal use is a commercial activity.

(3) "Shellfish divers" include divers who harvest, catch, take, or kill shellfish in marine waters.

NEW SECTION. Sec. 7. All commercial shellfish divers shall comply with the following minimum gear requirements:

(1) Diving that requires decompressing is not permitted unless a decompression chamber is ready at the dive location;

(2) All divers shall wear only approved diving gear;

(3) All divers shall use a pneumofathometer at all times that is readable by the diver's tender;

(4) All divers shall have a two-way voice communication system between the diver and the surface;

(5) All vessels used by divers shall be equipped with an operational two-way communication system to obtain emergency assistance;

(6) All divers shall wear a safety harness with a line that is attached to the vessel and allows the tender to pull the diver out of the water if necessary, without putting stress on the diver's breathing apparatus;

(7) There shall be at least one tender for each diver in the water; and

(8) All tenders shall have completed an approved training course in cardiopulmonary resuscitation.

NEW SECTION. Sec. 8. Every person violating this chapter is guilty of a misdemeanor and shall incur the penalties set forth in Title 9A RCW.

Sec. 9. Section 3, chapter 112, Laws of 1949 as last amended by section 5, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.012 are each amended to read as follows:

The department shall preserve, protect, perpetuate and manage the food fish and shellfish in state waters and offshore waters.

The department shall conserve the food fish and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.

The department shall adopt rules establishing minimum gear standards for commercial shellfish divers in the state.

NEW SECTION. Sec. 10. (1) Sections 1 through 5 of this act shall constitute a new chapter in Title 49 RCW.

(2) Sections 6 through 8 of this act shall constitute a new chapter in Title 75 RCW.

NEW SECTION. Sec. 11. The sum of two hundred sixty-four thousand one hundred sixty-five dollars, or as much thereof as may be necessary, is appropriated to the department of labor and industries from the accident and medical aid funds in a ratio consistent with other department appropriations for the biennium ending June 30, 1991, to carry out the purposes of sections 1 through 5 of this act.

NEW SECTION. Sec. 12. 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.