AN ACT Relating to the protection of public health and safety in the handling of hazardous waste; adding a new chapter to Title 49 RCW; prescribing penalties; making an appropriation; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that the public is exposed to serious health and safety hazards at hazardous waste sites because of highly toxic materials that may exist on these sites and that citizens are subject to physical injury because of the serious safety hazards that may exist at such sites. The legislature further finds that the public health and safety will be best protected when employers and employees who work with hazardous waste are knowledgeable about the safest methods to handle hazardous materials and to protect the public from exposure to such materials.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Director" means the director of labor and industries or the director's designee.

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

(3) "Employer" means a person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in a business, industry, profession, or activity in this state and employs one or more employees or contracts with one or more persons, the essence of which is the personal labor of such person or persons, and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations. A person, partnership, or business entity that does not have employees and is covered by the industrial insurance act shall be considered both an employer and an employee.

(4) "Employee" means an employee who is employed in the business of his or her employer, whether by way of manual labor or otherwise, and every person in this state who is engaged in the employment of or is working under an independent contract the essence of which is his or her personal labor for an employer under this chapter, whether by way of manual labor or otherwise. However, this subsection shall apply only to employees working on a hazardous waste project site who are exposed to hazardous substances, health hazards, or safety hazards, and shall not apply to employees who are on site only occasionally for a specific limited task and who are unlikely to be exposed over limits permitted under department rules.

(5) "Person" means an individual, partnership, firm, association, corporation, sole proprietorship, or the state of Washington or its political subdivisions.

(6) "Hazardous waste project" means all hazardous waste operations conducted under the comprehensive environmental response, compensation, and liability act of 1980, as defined in 40 C.F.R. part 300, and similar operations conducted by permit under the resource conservation and recovery act of 1976, and operations on sites that have been designated for cleanup by state or local governmental authorities or that are being cleaned up voluntarily.

(7) "Site safety and health supervisor" means an individual who is certified by the department to supervise employees engaged in hazardous waste projects and who is responsible for verifying compliance with safety and health requirements.

(8) "Certified hazardous waste project worker" means an individual who is certified by the department to work on hazardous waste projects.

(9) "Certified hazardous waste contractor" means a person who is certified by the department to perform hazardous waste operations on a hazardous waste project.

NEW SECTION. Sec. 3. (1) A person who engages in any hazardous waste project that may disturb hazardous substances shall make a reasonable effort, using practices approved by the department, to determine whether the proposed project will disturb or release any hazardous substances. An inspection under this section is not required if the person assumes that hazardous substances will be disturbed or released by a project and takes the minimum precautions specified by all applicable federal and state requirements.

(2) A written report describing compliance with subsection (1) of this section shall be prepared and maintained, and shall be made available on written or oral request to: (a) The department; (b) hazardous waste contractors; and (c) the employee representatives, if any, of any employees who may be exposed to any hazardous materials. A copy shall be posted by the employer, as prescribed by the department, in a place that is easily accessible to such employees.

NEW SECTION. Sec. 4. A safety meeting shall be held for all hazardous waste projects prior to the commencement of operations on the projects and weekly for the duration of the project. All hazardous waste projects that will be started that week at the same location shall be discussed. Parties entitled to receive notice and attend the safety meeting shall include representatives of the owner or contracting entity, the certified hazardous waste contractor, any employer of the employees scheduled to work or working at the site or sites, the employees of the certified hazardous waste contractor or other employer, including the certified hazardous waste project workers, and the employees' representatives, if any. The meeting shall include a discussion of the contractor's and employer's safety program and the means, methods, devices, processes, practices, conditions, or operations the employer and/or contractor intends to use in accomplishing safe and healthful completion of the project, including contingency plans to protect the public in the event of spills, releases, or other accidental public exposure to actual or potentially hazardous materials. Minutes shall be kept of each safety meeting and shall include the date of the meeting, the names of the individuals in attendance, and the issues discussed. One copy of the meeting minutes shall be kept on file by the employer, one copy shall be given to the employees' representative, and one copy shall be posted by the employer, as prescribed by the department, in a place that is easily accessible to employees.

NEW SECTION. Sec. 5. (1) (a) Unless issued a certificate by the department, no employee or other individual is eligible to do work governed by this chapter. To qualify for a hazardous waste worker's certificate, the applicant shall:

(i) Successfully complete a training course of at least forty hours of initial, off-site instruction, provided or approved by the department, on the health and safety aspects of hazardous waste operations including, but not limited to, the federal and state standards regarding protective devices, disposal, air monitoring, cleaning, and decontamination, the appropriate state, federal, and local emergency response agencies, and applicable public health and safety agencies and regulations. By rule, the department may require up to eighty hours of training, depending on the exposure or potential exposure of the employee to hazardous substances and health hazards at the job site; and

(ii) Successfully complete three days of actual field experience under the direct supervision of a trained, experienced supervisor.

(b) Site safety and health supervisors, on-site management personnel, and other supervisors directly responsible for, or who supervise employees engaged in, hazardous waste projects shall be subject to the requirements for a hazardous waste worker's certificate. They shall also be required to successfully complete eight additional hours of specialized training on such topics as, but not limited to, the employer's public safety and health programs and the associated employee training programs.

(c) Training course requirements shall be satisfied by successful completion of an in-state course provided or approved by the department or an out-of-state course that meets the standards established by the department. The department shall by rule adopt training course standards that shall include, but not be limited to, requirements for a core curriculum, classroom and field experience, equipment training, student to instructor ratios, and instructor credentials.

(d) All applicants shall be required to pass an examination, which shall be provided or approved by the department, in the type of certification sought. Applicants shall also meet any additional qualifications established by the department by rule for the type of certification sought.

(e) These requirements are intended to represent the minimum requirements for certification and shall not preclude contractors or employers from providing additional education or training.

(f) The department shall require the successful completion of eight hours of annual refresher training, provided or approved by the department, for continued certification.

(2) Each person certified under this section or under section 6 of this act shall display, upon the request of an authorized representative of the department, valid identification that has been issued by the department and shows certification.

NEW SECTION. Sec. 6. Before performing any hazardous waste operations on a hazardous waste project, a contractor shall obtain a hazardous waste contractor's certificate from the department and shall have in its employ at least one certified site safety and health supervisor who is responsible for supervising the hazardous waste projects undertaken by the contractor and for assuring compliance with all federal and state laws and regulations regarding hazardous waste projects. The contractor shall apply for certificate renewal annually.

NEW SECTION. Sec. 7. (1) No person may assign an employee, contract with any individual or person, or allow an individual or person to perform hazardous waste operations unless such activity is performed by a certified hazardous waste worker under the direction and supervision of a certified site safety and health supervisor. Site safety and health supervisors shall be located on the hazardous waste project site, be responsible to the employer, and have the authority and knowledge necessary to implement the site safety and health plan and to verify compliance with applicable safety and health requirements.

(2) The department shall require persons undertaking hazardous waste projects to provide written notice to the department before the commencement of the project, except as provided in section 8 of this act. The notice shall include a written description containing such information as the department requires by rule. The department shall establish by rule the procedure by which a person will be considered to have met the prenotification requirement.

(3) The department shall consult with the state fire protection policy board, and may establish policies and procedures by rule for municipal fire department and fire protection district personnel and other agency personnel that are required to respond to hazardous material spills.

NEW SECTION. Sec. 8. Prenotification to the department under section 7 of this act shall not be required for projects that are defined as emergencies by the rules adopted by the department. Emergency projects that disturb any hazardous material shall be reported to the department within three working days after the commencement of the project. The employees and the employees' representative, if any, shall be notified of the emergency as soon as possible by the person undertaking the emergency project.

NEW SECTION. Sec. 9. All property owners or owners' agents shall make reasonable efforts, using practices approved by the department, to identify all areas that contain hazardous material and maintain records that catalog the location of the identified hazardous materials. Copies of these records shall be made available, on request, to the department, the employees, and the employees' representative, if any.

NEW SECTION. Sec. 10. A person who begins any hazardous waste project without first preparing and maintaining the report required by section 3 of this act or providing the notification required in section 7 of this act shall, after notice from the department and a hearing, be subject to the suspension or revocation of the certification to engage in hazardous waste projects.

NEW SECTION. Sec. 11. (1) The department may deny, suspend, or revoke a certificate as provided under RCW 49.26.140 for failure of the holder to comply with any requirement of this chapter, any rule adopted under this chapter, or applicable health and safety standards and regulations. In addition to action taken under section 10 of this act, the department may suspend or revoke any certificate issued under this chapter upon the following grounds:

(a) The certificate was obtained through error or fraud; or

(b) The holder of the certificate is judged to be incompetent to carry out the work for which the certificate was issued.

(2) Before any certificate may be denied, suspended, or revoked, the holder of the certificate shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to the holder's last known address. The notice shall enumerate the allegations against the holder, and shall give the holder the opportunity to request a hearing before the department. At the hearing, the department and the holder shall have the opportunity to produce witnesses and give testimony.

(3) A denial, suspension, or revocation order may be appealed to the board of industrial insurance appeals within fifteen working days after the denial, suspension, or revocation order is entered. The notice of appeal may be filed with the department or the board of industrial insurance appeals. The board shall hold the hearing in accordance with the procedures established in RCW 49.17.140. Any party aggrieved by an order of the board may obtain superior court review in the manner provided in RCW 49.17.150.

NEW SECTION. Sec. 12. (1) The department shall adopt rules, in accordance with chapters 34.05 and 49.17 RCW, to enforce and administer this chapter.

(2) The department shall prescribe fees for the issuance and renewal of certificates, including recertification, approval of training courses, and the development and administration of examinations.

NEW SECTION. Sec. 13. The hazardous material account is hereby established in the custody of the state treasury. All fees collected under this chapter shall be deposited in the account. Moneys in the account shall be spent only for costs incurred by the department in the administration and enforcement of this chapter. Disbursements from the account shall not be appropriated, but shall be disbursed on authorization of the director or the director's designee.

NEW SECTION. Sec. 14. Any employee who notifies the department of any activity that the employee reasonably believes to be in violation of this chapter or any rule adopted under this chapter or who participates in any proceeding related to this chapter shall have the same rights and protection against discharge or discrimination as are afforded to employees under RCW 49.17.160.

NEW SECTION. Sec. 15. (1) Unless specifically provided otherwise by statute, this chapter shall be implemented and enforced, including penalties, violations, citations, and other administrative procedures, under the Washington industrial safety and health act, chapter 49.17 RCW.

(2) A person who previously has been assessed a civil penalty under this section, and who knowingly violates a provision of sections 3 through 7 of this act or rules adopted under sections 3 through 7 of this act is guilty of a misdemeanor.

NEW SECTION. Sec. 16. Sections 1 through 15 of this act shall constitute a new chapter in Title 49 RCW.

NEW SECTION. Sec. 17. There is appropriated from the accident fund and the medical aid fund to the department of labor and industries for the biennium ending June 30, 1991, in a ratio consistent with other department appropriations, the sum of five hundred eighteen thousand eight hundred eighteen dollars, or as much thereof as may be necessary, to carry out the purposes of this act. Repayment shall be made from the hazardous material account to the accident fund and the medical aid fund of any moneys appropriated by law to implement this act.

NEW SECTION. Sec. 18. 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. 19. This act shall take effect January 1, 1991. The director of labor and industries may immediately take such steps as are necessary to ensure this act is implemented on its effective date.