PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Chapter 246-358 WAC, Temporary worker housing and cherry harvest rules.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.114 RCW.
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 Health (DOH) and the Department of Labor and Industries to adopt joint rules for the licensing, operation, and inspection of temporary worker 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 WISHA 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 Labor and Industries and federal OSHA also regulate this subject. DOH will participate in joint rule making on the promulgation of these rules, and consult with federal OSHA. In order to ensure that the rules adopted meet federal requirements, representatives of federal OSHA will be active participants in the development of these 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 Labor and Industries' preproposal statement of inquiry on this joint rule making is also published in this register.
Process for Developing New Rule: DOH and the Department of Labor and Industries will participate in a joint rule-making process. The agencies will coordinate file dates, language and hold a joint hearing and coordinate with interested stakeholders during the process. Parties interested in the formulation of these rules for proposal may contact the individual 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 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; or 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.
July 20, 1999
Patty Hayes
for Mary Selecky
Secretary