_______________________________________________
SENATE
BILL 5614
_______________________________________________
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 01/29/1999.
Referred to Committee on Labor & Workforce Development.
Concerning
the issuance of citations under the Washington industrial safety and health
act.
AN
ACT Relating to restricting Washington industrial safety and health act
citations as a result of employee misconduct; and amending RCW 49.17.120.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
49.17.120 and 1973 c 80 s 12 are each amended to read as follows:
(1)
If upon inspection or investigation the director or his or her
authorized representative believes that an employer has violated a requirement
of RCW 49.17.060, or any safety or health standard promulgated by rule adopted
by the director, or the conditions of any order granting a variance pursuant to
this chapter, ((he)) the director shall with reasonable
promptness issue a citation to the employer. Each citation shall be in writing
and shall describe with particularity the nature of the violation, including a
reference to the provisions of the statute, standard, rule, regulation, or order
alleged to have been violated. In addition, the citation shall fix a
reasonable time for the abatement of the violation.
(2)
The director may prescribe procedures for the issuance of a notice in lieu of a
citation with respect to de minimis violations which have no direct or
immediate relationship to safety or health.
(3)
Each citation, or a copy or copies thereof, issued under the authority of this
section and RCW 49.17.130 shall be prominently posted, at or near each place a
violation referred to in the citation occurred or as may otherwise be
prescribed in regulations issued by the director. The director shall provide
by rule for procedures to be followed by an employee representative upon
written application to receive copies of citations and notices issued to any
employer having employees who are represented by such employee representative.
Such rule may prescribe the form of such application, the time for renewal of
applications, and the eligibility of the applicant to receive copies of citations
and notices.
(4)
No citation may be issued under this section or RCW 49.17.130 after the
expiration of six months following a compliance inspection, investigation, or
survey revealing any such violation.
(5)(a)
No citation may be issued under this section if there is unpreventable employee
misconduct that led to the violation, but the employer must show the existence
of:
(i)
A thorough safety program, including work rules, training, and equipment
designed to prevent the violation;
(ii)
Adequate communication of these rules to employees;
(iii)
Steps to discover and correct violations of its safety rules; and
(iv)
Effective enforcement of its safety program as written in practice and not just
in theory.
(b) This subsection (5) does not eliminate or modify any other
defenses that may exist to a citation.
