AN
ACT Relating to workplace safety rule implementation; and amending RCW
49.17.050.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
49.17.050 and 1973 c 80 s 5 are each amended to read as follows:
In
the adoption of rules and regulations under the authority of this chapter, the
director shall:
(1)
Provide for the preparation, adoption, amendment, or repeal of rules and
regulations of safety and health standards governing the conditions of
employment of general and special application in all work places;
(2)
Provide for the adoption of occupational health and safety standards which are
at least as effective as those adopted or recognized by the United States
secretary of labor under the authority of the Occupational Safety and Health
Act of 1970 (Public Law 91-596; 84 Stat. 1590);
(3)
Provide a method of encouraging employers and employees in their efforts to
reduce the number of safety and health hazards at their work places and to
stimulate employers and employees to institute new and to perfect existing
programs for providing safe and healthful working conditions;
(4)
Provide for the promulgation of health and safety standards and the control of
conditions in all work places concerning gases, vapors, dust, or other airborne
particles, toxic materials, or harmful physical agents which shall set a
standard which most adequately assures, to the extent feasible, on the basis of
the best available evidence, that no employee will suffer material impairment
of health or functional capacity even if such employee has regular exposure to
the hazard dealt with by such standard for the period of his working life; any
such standards shall require where appropriate the use of protective devices or
equipment and for monitoring or measuring any such gases, vapors, dust, or
other airborne particles, toxic materials, or harmful physical agents;
(5)
Provide for appropriate reporting procedures by employers with respect to such
information relating to conditions of employment which will assist in achieving
the objectives of this chapter;
(6)
Provide for the frequency, method, and manner of the making of inspections of
work places without advance notice; and,
(7)
Provide for the publication and dissemination to employers, employees, and
labor organizations and the posting where appropriate by employers of
informational, education, or training materials calculated to aid and assist in
achieving the objectives of this chapter;
(8)
Provide for the establishment of new and the perfection and expansion of
existing programs for occupational safety and health education for employers
and employees, and, in addition institute methods and procedures for the establishment
of a program for voluntary compliance solely through the use of advice and
consultation with employers and employees with recommendations including
recommendations of methods to abate violations relating to the requirements of
this chapter and all applicable safety and health standards and rules and
regulations promulgated pursuant to the authority of this chapter;
(9)
Provide for the adoption of safety and health standards requiring the use of
safeguards in trenches and excavations and around openings of hoistways,
hatchways, elevators, stairways, and similar openings;
(10)
Provide for the promulgation of health and safety standards requiring the use
of safeguards for all vats, pans, trimmers, cut off, gang edger, and other
saws, planers, presses, formers, cogs, gearing, belting, shafting, coupling,
set screws, live rollers, conveyors, mangles in laundries, and machinery of
similar description, which can be effectively guarded with due regard to the
ordinary use of such machinery and appliances and the danger to employees
therefrom, and with which the employees of any such work place may come in
contact while in the performance of their duties and prescribe methods,
practices, or processes to be followed by employers which will enhance the health
and safety of employees in the performance of their duties when in proximity to
machinery or appliances mentioned in this subsection;
(11)
Certify that no later than twenty business days prior to the effective date of
any significant legislative rule, as defined by RCW 34.05.328, a meeting of
impacted parties is convened to: (a) Identify ambiguities and problem areas in
the rule; (b) coordinate education and public relations efforts by all parties;
(c) provide comments regarding internal department training and enforcement
plans; and (d) provide comments regarding appropriate evaluation mechanisms to
determine the effectiveness of the new rule. The meeting shall include a
balanced representation of both business and labor from impacted industries, department
personnel responsible for the above subject areas, and other agencies or key
stakeholder groups as determined by the department. An existing advisory
committee may be utilized if appropriate.
