2703-S AMH CLEM H5089.2

SHB 2703 - H AMD 171 ADOPTED 2-9-96

By Representatives Clements and Romero

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 49.17 RCW to read as follows:

    (1) As used in this section, "federal worker protection standard" or "federal standard" means the worker protection standard for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection agency in 40 C.F.R., part 170 as it exists on the effective date of this section.

    (2) No rule adopted under this chapter may impose requirements that make direct compliance with the federal worker protection standard impractical.  Rules establishing or altering safety standards with regard to the activities governed by the federal worker protection standard may be adopted by the department only as provided by this subsection.  No other provision of this chapter may be construed as granting authority to establish or alter safety standards regarding the activities.

    With regard to the activities governed by the federal worker protection standard:  The department shall adopt by rule safety standards that are at least as effective as the federal standard; and standards adopted by the department under this subsection shall be identical to standards adopted by the department of agriculture under section 2(2) of this act.

    (3) A violation of the federal worker protection standard or of a rule adopted under subsection (2) of this section or section 2(2) of this act may be investigated by the department or by the department of agriculture, but may not be investigated by both agencies; however, an investigation conducted by the department under Title 51 RCW solely with regard to industrial insurance shall not be considered to be an investigation by the department for this purpose.  A citation for a violation of the federal standard or of a rule adopted under subsection (2) of this section or section 2(2) of this act may be issued by the department or by the department of agriculture, but not by both agencies.  The department and the department of agriculture shall jointly establish a formal agreement that identifies the roles of each of the two agencies in conducting investigations of violations of the federal worker protection standard and the rules.

NEW SECTION. Sec. 2.  A new section is added to chapter 17.21 RCW to read as follows:

    (1) As used in this section, "federal worker protection standard" or "federal standard" means the worker protection standard for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection agency in 40 C.F.R., part 170 as it exists on the effective date of this section.

    (2) No rule adopted under this chapter may impose requirements that make direct compliance with the federal worker protection standard impractical.  Rules establishing or altering safety standards with regard to the activities governed by the federal worker protection standard may be adopted by the department only as provided by this subsection.  No other provision of this chapter may be construed as granting authority to establish or alter safety standards regarding the activities.

    With regard to the activities governed by the federal worker protection standard:  The department shall adopt by rule safety standards that are at least as effective as the federal standard; and standards adopted by the department under this subsection shall be identical to standards adopted by the department of labor and industries under section 1(2) of this act.

    (3) A violation of the federal worker protection standard or of a rule adopted under subsection (2) of this section or section 1(2) of this act may be investigated by the department or by the department of labor and industries, but may not be investigated by both agencies; however, an investigation conducted by the department of labor and industries under Title 51 RCW solely with regard to industrial insurance shall not be considered to be an investigation by the department of labor and industries for this purpose.  A citation for a violation of the federal standard or of a rule adopted under subsection (2) of this section or section 1(2) of this act may be issued by the department or by the department of labor and industries, but not by both agencies.  The department and the department of labor and industries shall jointly establish a formal agreement that identifies the roles of each of the two agencies in conducting investigations of violations of the federal worker protection standard and the rules.

NEW SECTION. Sec. 3.  RCW 49.70.117 and 1992 c 173 s 2 & 1989 c 380 s 76 are each repealed."

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