ESSB 6153 - H AMD TO H AMD (H-2783.1/01) 345 WITHDRAWN 6/15/01

By Representative Clements

On page 2, line 32, delete "Accident Account--State Appropriation ... $125,000" and insert "Medical Aid Account--State Appropriation ... $500,000"

Correct the total accordingly

On page 5, beginning on line 17, strike all of subsection (9) and insert the following:

"(9) $500,000 from the medical aid account--state appropriation is provided solely for the committee to conduct a review of the rules dealing with musculoskeletal disorders, codified as WAC 296-62-05101 through 296-62-05176, as adopted on May 26, 2000, or any new or amended rules dealing with musculoskeletal disorders that are substantially the same as these rules, and the results of all pilot demonstration projects arranged by the department to assess and make recommendations. (a) The review shall include but not be limited to:

(i) A review of the literature regarding the scientific justification for the rules, the expectation that the rules will reduce musculoskeletal disorders, and the degree to which the rules reduce injuries;

(ii) The accuracy of the cost-benefit analyses prepared for the rules;

(iii) The ease of understanding and complying with the rules, identification of ambiguities and difficulties encountered during the pilot demonstration projects to implement the rules, and recommendations to maximize understanding and minimize ambiguities and confusion for employers in complying with the rules;

(iv) The ease of implementing the rules based on the results of the pilot demonstration projects and recommendations on how to facilitate easier implementation and reduce costs while maintaining or increasing the reduction of musculoskeletal disorders;

(v) The results of any pilot demonstration projects using alternative methods to reduce musculoskeletal disorders and the cost-effectiveness of each of the alternatives;

(vi) The musculoskeletal disorder reductions as a result of the rules and any alternatives to the rules that were the subject of a pilot demonstration project;

(vii) The costs to comply with the rules and any alternative methods to reduce musculoskeletal disorders, based on the result of the pilot demonstration projects; and

(viii) Any other analysis, finding, or recommendation the committee deems useful in assessing the implementation of the rules.

(b) The committee shall consider input from the house commerce and labor committee, the senate labor, commerce, and financial institutions committee, and the WISHA advisory committee established under RCW 49.17.055.

(c) The committee shall report its interim findings to the legislature by December 15, 2002, and shall issue a final report of findings and recommendations by June 30, 2003. The findings and recommendations shall include, but not be limited to:

(i) A review of the scientific literature justifying the rules; (ii) A determination of the actual costs and benefits of the rules;

(iii) An assessment of the ease of understanding, compliance with, and implementation of the rules;

(iv) An identification of ambiguities in the rules;

(v) A determination of whether or not hazard or injury reduction was achieved; and

(vi) A comparison of alternative methods of addressing workplace musculoskeletal disorders.

(d) The committee may contract with a private entity to conduct the review."

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EFFECT: Eliminates the requirement that the Joint Legislative Audit and Review Committee review the Department of Labor and Industries' implementation of Recommendation 23(a) of the Committee's 1998 Workers' Compensation System Performance Audit ("Expand emphasis on the prevention and control of musculoskeletal disorders").

Requires the Committee to review the ergonomics rules and the results of the pilot demonstration projects. Requires the Committee to issue a complete report of its findings and recommendations by June 30, 2003.

FISCAL EFFECT: Eliminates the $125,000 appropriation from the accident account. Appropriates $500,000 from the medical aid account to conduct the review.