PREPROPOSAL STATEMENT OF INQUIRY
LABOR AND INDUSTRIES
Subject of Possible Rule Making: Chapter 296-307 WAC, Safety standards for agriculture (temporary worker housing and cherry harvest rule).
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, [49.17].040, and [49.17].050.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The 1999 legislature passed ESSB 5599 (chapter 374, Laws of 1999) requiring the Department of Labor and Industries and the Department of Health to adopt joint rules for the licensing, operation, and inspection of temporary worker and cherry harvest housing and the enforcement of these rules. These joint rules will be identical except as they relate to issues that fall under the jurisdiction of only one of the agencies. "These rules shall establish standards that are as effective as the standards developed under the Washington Industrial Safety and Health Act, chapter 49.17 RCW," with regard to shelter, food handling, storage, electricity and all other temporary worker housing requirements. The shelter requirements will apply regardless of whether shelters are provided by the employer or the employees.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The state Department of Health and federal OSHA also regulate this subject. The Department of Labor and Industries and the Department of Health will participate in joint rule making on the promulgation of these rules. In order to ensure that the rules adopted meet federal requirements, representatives of federal OSHA will be active participants in the development of the rules. Representatives of growers and farmworkers also will be included in discussions before the agencies submit a formal proposal for rule making. The Department of Health's preproposal statement of inquiry on this joint rule making is also published in this register.
Process for Developing New Rule: The Department of Health and the Department of Labor and Industries will participate in a joint rule-making process. The agencies will coordinate filing dates, language, hold a joint public hearing, and coordinate with interested stakeholders during the process. Parties interested in the formulation of these rules for proposal may contact the individuals listed below. The public may also participate by commenting after amendments are proposed by providing written comments or giving oral testimony during the public hearing process.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ken Lewis, phone (360) 902-4568, fax (360) 902-5529, e-mail lewk235@lni.wa.gov, Department of Labor and Industries, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620; and Jennell Prentice, phone (360) 705-6661, fax (360) 705-6654, e-mail jzp0303@doh.wa.gov, Department of Health, Facilities and Services Licensing, P.O. Box 47852, Olympia, WA 98504-7852.
July 21, 1999
Joel Sacks
for Gary Moore
Director