AN
ACT Relating to occupational safety and health impact grants; adding new
sections to chapter 49.17 RCW; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1)
The director, in consultation with the WISHA advisory committee, shall
establish a program to provide safety and health impact grants to prevent
injuries and illnesses, save lives, and educate Washington employees and
employers about workplace hazards and safe workplace practices. The intent of
this act is to benefit, in the broadest sense possible, Washington workers and
employers, especially those who are in small business and may lack the injury
and illness prevention resources that larger companies may possess. The
department may use appropriated industrial insurance funds to accomplish the
purpose of this act. Funding for this program will be taken from the reserves
of the medical aid fund which are in excess of actuarial needs.
(2)
Using a competitive application process, the department shall award safety and
health impact grants to trade associations, business associations, employers,
employee organizations, labor unions and groups of employees. The grants may
include:
(a)
Education and training grants to implement safety and health and to provide
practical information, curricula, materials, and methods intended for use by
employers and employees in reducing workplace hazards;
(b)
Technical innovation grants to develop engineering and other technical
solutions to injury and illness problems;
(c)
Best practice grants for the application of hazard control; or
(d)
State-wide priority grants to undertake innovative programs that address
state-wide safety and health priorities established by the WISHA advisory
committee.
(3)
Applicants for grants may form partnerships with educational institutions and
other organizations. Applicants for grants may form partnerships with
self-insured employers if the product of the grant will significantly benefit
employees and employers who belong to the state industrial insurance fund.
(4)
Any materials, designs, or equipment developed under these grants will be in
the public domain and may not be copyrighted or patented. Any materials or
designs developed under these grants shall be provided to the department at no
charge as a condition of grant receipt.
(5)
Grants may not be used to support or develop specific legislative or regulatory
initiatives.
(6)
WISHA services may not use information contained in a grant application for
inspection activity or to establish a recognized hazard for citation purposes.
NEW
SECTION. Sec. 2. (1)
The director shall appoint a safety and health impact grant review committee
that will be a subcommittee of the WISHA advisory committee. The review
committee is composed of nine members: Four members representing employees,
each appointed from a list of at least three names per position, submitted by
recognized state-wide organizations of employees; four members representing
employers, each appointed from a list of at least three names per position,
submitted by recognized state-wide organizations of employers; and one ex
officio member, without a vote, who shall represent the department. The
committee chair shall be chosen by the review committee and shall alternate between
business and labor. The committee members shall serve three-year renewable
terms.
(2)
Business and labor members of the safety and health impact grant review
committee are entitled to expenses as provided under RCW 43.03.050 and
43.03.060.
(3)
The safety and health impact grant review committee shall:
(a)
Prepare requests for proposals;
(b)
Receive, review, and process grant applications;
(c)
Identify, by two-thirds majority vote, grant applications that merit funding
and forward those applications to the director; and
(d)
Identify, by two-thirds majority vote, funded grants that meet criteria for
suspension or revocation and forward those grants to the director.
NEW
SECTION. Sec. 3. (1)
The safety and health impact grant review committee, in cooperation with the
director, shall develop grant application procedures and approval criteria.
The director shall ensure the proper administrative support to successfully
monitor grant recipients for compliance with grant criteria and all other
procedures under the grant program. The director in cooperation with the
safety and health impact grant review committee shall implement procedures and
criteria for grant approval, including procedures for suspension or revocation
of grants to recipients failing to comply with grant criteria established under
the authority of this section.
(2)
The director shall approve only those grant applications and their recommended
acceptance conditions as forwarded by the safety and health impact grant review
committee, unless the director has a compelling and substantive reason to
reject an application, whereupon the director shall provide written explanation
for the denial to the review committee. The safety and health impact grant review
committee shall review any grant applications rejected by the director and may
advise the director to reconsider. The director shall consider the advice, if
given, and shall approve the grant application with any conditions presented by
the safety and health impact grant review committee. The director may reject
that advice only for a compelling and substantive reason. If the director
rejects that advice, the safety and health impact grant review committee may
refer the application to the WISHA advisory committee. The WISHA advisory
committee shall review the application and may advise the director to
reconsider.
(3)
The director may revoke or suspend an issued grant if advised by the safety and
health impact grant review committee that the recipient is not in compliance
with grant criteria or procedures. The director may suspend an issued grant
without the advice of the safety and health impact grant review committee only
for a compelling and substantive reason and the suspension recommendation shall
be presented to the safety and health impact grant review committee for its
consideration.
NEW
SECTION. Sec. 4. The
department and the safety and health impact grant review committee will present
an annual review regarding the activities of the safety and health impact grant
program to the WISHA advisory committee, the workers' compensation advisory
committee, and make it available to the appropriate standing committees of the
legislature. Based on a recommendation of the WISHA advisory committee, the
workers' compensation advisory committee shall make a biennial recommendation
to the director concerning an appropriate budget for the program.
NEW
SECTION. Sec. 5. The
director and representatives from the WISHA advisory committee shall perform a
comprehensive review of the grant program which shall include, but not be
limited to, reported outcomes, injury reduction, and safety awareness and shall
issue a report for the legislature by December 31, 2004.
NEW
SECTION. Sec. 6. The
following acts or parts of acts, as now existing or hereafter amended, are each
repealed, effective July 1, 2005:
(1)
Section 1 of this act;
(2)
Section 2 of this act;
(3)
Section 3 of this act;
(4)
Section 4 of this act; and
(5)
Section 5 of this act.
NEW
SECTION. Sec. 7.
Sections 1 through 6 of this act are each added to chapter 49.17 RCW.
NEW SECTION. Sec. 8. If
specific funding for the purposes of this act, referencing this act by bill or
chapter number, is not provided by June 30, 1999, in the omnibus appropriations
act, this act is null and void.
