HOUSE BILL REPORT

HB 2031

BYRepresentatives Nelson, R. King, S. Wilson, Spanel, Haugen and Belcher

Setting safety requirements for shellfish divers.

House Committe on Commerce & Labor

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Patrick, Ranking Republican Member; Jones, R. King, Leonard, Prentice, Smith, Walker and Wolfe.

House Staff:Chris Cordes (786-7117)

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR MARCH 1, 1989

BACKGROUND:

The United States Coast Guard has adopted commercial diving regulations that apply in specified areas of navigable water for activities taking place from inspected vessels.  The federal Occupational Safety and Health Administration (OSHA) also regulates workplace safety for occupations performed in navigable waters.  OSHA, however, does not enforce these safety regulations unless the activity occurs within an "employee-employer" relationship.  Many activities, such as shellfish diving, are performed under independent contracts.  Since 1979, the Department of Fisheries has been authorized to suspend or revoke the shellfish harvesting license of any licensee who does not comply with OSHA's commercial diving safety regulations.  There is no comprehensive diving regulation at the state level.

SUMMARY:

SUBSTITUTE BILL:  The Department of Fisheries is directed to adopt minimum gear standards for commercial shellfish divers.  All divers must:  (1) have a decompression chamber ready at the dive location if diving requires decompression;  (2) wear only approved diving gear; (3) use a pneumofathometer readable by the diver's tender; (4) use a two-way voice communication system; (5) use vessels equipped with an operational two-way communication system; (6) wear a safety harness; (7) have one dive tender for each diver, using tenders that have completed an approved cardiopulmonary resuscitation course.

A violation of the diving gear requirements is a misdemeanor.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The responsibility of the Department of Fisheries to ensure the safety of commercial shellfish divers is changed to responsibility to ensure minimum gear standards for these divers.  Minor clarifying changes are made in the minimum gear requirements.

A violation of the department's minimum gear standards is changed from a gross misdemeanor to a misdemeanor.

Three sections are deleted:  (1) the certification program for commercial shellfish divers; (2) the authority of the department to search and arrest for safety violations;  and (3) changes in the geoduck licensing provisions.

An emergency clause with an immediate effective date is added.

Fiscal Note:      Requested February 27, 1989.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    (SUBSTITUTE BILL):  Representative Dick Nelson, Prime Sponsor; and Evan Jacoby and Paul Buerger, Department of Fisheries.

House Committee - Testified Against:      (SUBSTITUTE BILL):  None Presented.

House Committee - Testimony For:    (SUBSTITUTE BILL):  Federal safety requirements do not cover all divers.  The regulations that do exist are not enforced.  Without state requirements, the state cannot ensure that minimum safety practices are followed by divers engaged in commercial activities.

House Committee - Testimony Against:      (SUBSTITUTE BILL):  None Presented.