S-1102               _______________________________________________

                                                   SENATE BILL NO. 5405

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Talmadge, Bluechel, Newhouse, Sellar, Benitz, McDonald and Cantu

Read first time 1/28/87 and referred to Committee on  Parks & Ecology.

AN ACT Relating to hazardous substance information; and amending RCW 49.70.020.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 409, Laws of 1985 and RCW 49.70.020 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Department" means the department of labor and industries.

          (2) "Employee" means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this chapter whether by way of manual labor or otherwise.  However, for the purposes of this chapter, employee shall not mean immediate family members of the officers of any corporation, partnership, sole proprietorship or other business entity or officers of any closely held corporation engaged in agricultural production of crops or livestock.

          (3) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession, or activity in this state and employs one or more employees or who contract with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations.

(4) "Hazardous substance" means any substance, or substance contained in a mixture, included on the workplace hazardous substance list developed by the department pursuant to RCW 49.70.200.  Hazardous substances shall not include consumer products packaged for distribution to, and used by, the general public, including any product used by an employer or the employer's employees in the same form, concentration, and manner as it is sold to consumers, and to the employer's knowledge, employee exposure is not significantly different than the consumer exposure occurring during principal consumer use of the product.