PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-14-156.
Title of Rule and Other Identifying Information: Safety and health investment projects.
The department is proposing rule making to promulgate rules in accordance with direction from the 2007 regular legislative session in chapter 522, Laws of 2007 (SHB 1128).
Hearing Location(s): Department of Labor and Industries, Room S118, 7273 Linderson Way S.W., Tumwater, WA 98501-5414, on November 28, 2007, at 10:00 a.m.
Date of Intended Adoption: January 8, 2008.
Submit Written Comments to: Jill Saibel, Project Manager, Department of Labor and Industries, P.O. Box 44620, Olympia, WA 98507-4620, e-mail saij235@lni.wa.gov, fax (360) 902-5619, by December 5, 2007.
Assistance for Persons with Disabilities: Contact Beverly Clark by November 21, 2007, at Clah235@lni.wa.gov or (360) 902-5516.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to provide regulation for the department of labor and industries to administer government funds designated by chapter 522, Laws of 2007 (SHB 1128), authorizing appropriations for the department of labor and industries. This section included a condition under subsection (4) as follows:
"$8,000,000 of medical aid account -- state appropriation is provided solely to establish a program of safety and health as authorized by RCW 49.17.210 to be administered under these rules adopted pursuant to chapter 34.05 RCW, provided that projects funded involve workplaces insured by the medical aid fund, and through cooperation between employers and employees or their representatives."
Reasons Supporting Proposal:
AMENDED SECTIONS:
WAC 296-900-100 Scope.
| • | Updated scope to include safety and health investment projects. |
NEW SECTIONS:
WAC 296-900-175 Safety and health investment projects.
| • | Created this section to contain all the sections located in chapter 296-900 WAC, Administrative rules, relating to the safety and health investment projects. |
| • | Created this section to explain the purpose behind the safety and health investment projects. |
| • | Created this section to include the definitions for safety and health investment projects, including: Applicant, department, department staff, funding cycle, medical aid fund, milestones, product, and recipient. |
| • | Created this section to include eligibility requirements for awards under the safety and health investment projects. |
| • | Created this section to include requirements for safety and health investment project advisory committee. |
| • | Created this section to include application requirements for safety and health investment projects. |
| • | Created this section to include requirements for approving safety and health investment projects. |
| • | Created this section to include requirements for monitoring safety and health investment projects. |
| • | Created this section to include requirements for suspending or revoking funds for safety and health investment projects. |
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.
Statute Being Implemented: Chapter 49.17 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Steve Cant, Tumwater, (360) 902-5495.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department does not anticipate costs to small business as a result of this proposal. These rules will allow the department to provide government funds to project applicants to develop new safety and health improvements.
A cost-benefit analysis is not required under RCW 34.05.328. The department does not anticipate costs as a result of this proposal. These rules will allow the department to provide government funds to project applicants to develop new safety and health improvements.
October 23, 2007
Judy Schurke
Director
OTS-1074.4
AMENDATORY SECTION(Amending WSR 06-06-020, filed 2/21/06,
effective 6/1/06)
WAC 296-900-100
Scope.
This chapter applies to the
following requirements and information regarding
administration of the Washington Industrial Safety and Health
Act (WISHA), chapter 49.17 RCW:
• Employer requests for using an alternative to WISHA requirements.
• Workplace inspections conducted by WISHA.
• Citations and penalties for violations of WISHA safety and health requirements.
• How to respond to actions that WISHA may take when requirements have been violated.
• Employer correction of cited violations, and notification to WISHA when the corrections are made.
• Employer obligations to inform employees.
• Reporting alleged safety and health hazards.
• Appeal and hearing processes for employers and employees.
• Safety and health investment projects (SHIP).
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-06-020, § 296-900-100, filed 2/21/06, effective 6/1/06.]
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(2) Priority is given to projects involving accident prevention through cooperation between employers and employees or their representatives.
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(2) Department means the department of labor and industries.
(3) Department staff means those individuals within the department of labor and industries who assist with project development and monitor recipient performance.
(4) Funding cycle means how frequently safety and health investment project awards are given.
(5) Medical aid fund refers to industrial insurance funds established in chapter 51.44 RCW.
(6) Milestones means critical points of achievement for the safety and health investment projects, showing progress toward project completion. Milestones are interim accomplishments that define project progress.
(7) Product means any of the following that are developed as the result of a safety and health investment project: Written materials; manufactured materials; designs; equipment; programs; services; workplace changes; or other results of any kind, tangible or intangible.
(8) Recipient means an agency, firm, organization, individual or other legal entity receiving project award funds from the safety and health investment projects.
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Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 296-900-17010 is probably intended to be WAC
296-900-17510.
NEW SECTION
WAC 296-900-17515
Eligibility.
(1) All projects must
address the needs of employers and employees covered by the
medical aid fund.
(2) Projects must have clearly identified:
(a) Objectives and work plan;
(b) Products; and
(c) Criteria for evaluating the success of the project.
(3) Awards may be granted to any agency, firm, organization, individual or other legal entity such as, but not limited to, the following:
(a) Trade associations;
(b) Business associations;
(c) Employers (including but not limited to private, public, nonprofit, or self-insured employers if collaborating with medical aid fund employers);
(d) Employees;
(e) Labor unions;
(f) Employee organizations;
(g) Joint labor and management groups;
(h) Educational institutions in collaboration with state fund employer and employee representatives;
(i) Others deemed appropriate by L&I.
(4) SHIP funds may not be used for:
(a) Lobbying or political activities;
(b) Supporting, opposing, or developing legislative or regulatory initiatives;
(c) Any activity not designed to reduce workplace injuries, illnesses, or fatalities; or
(d) Reimbursing employers for the normal costs of complying with safety and health rules.
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(a) Three employer representatives;
(b) Three employee representatives;
(c) Two members with expertise in safety and health representing other stakeholders; and
(d) One nonvoting member from DOSH who will serve as committee chair.
(2) Members are appointed to serve three-year renewable terms. At the request of the assistant director of DOSH, employer and employee organizations may make recommendations for advisory committee membership.
(3) The advisory committee will provide the following assistance:
(a) Make recommendations to DOSH regarding funding priority areas;
(b) Recommend applications that merit funding to the assistant director of DOSH;
(c) Keep records of the committee's decisions;
(d) Make recommendations to DOSH regarding individual project expenditure limitations and appropriate indirect costs;
(e) Develop and maintain communication networks in the community.
(4) Committee members will disclose to the committee any potential conflicts of interest, whether direct or indirect, with specific project applications.
(5) Committee members will not disclose any information about applications to anyone not authorized access to the information by law or regulation. All applications and other material submitted under this program are confidential and are not open to public inspection. See RCW 49.17.210.
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Safety and Health Investment Projects
P.O. Box 44640
Olympia, WA 98504-4640
e-mail: INVEST@lni.wa.gov
web site:
http://www.lni.wa.gov/Safety/Topics/AtoZ/Grants/default.asp
(2) Applicants must complete the entire application to be
considered for project funding. Incomplete applications will
not be considered for funding. Applications are accepted
throughout the year, but funding is awarded semiannually.
Application deadlines are posted at
http://www.lni.wa.gov/Safety/Topics/AtoZ/Grants/default.asp.
Applications received after posted deadlines will not be
considered for the current funding cycle. However, they may
be considered for a subsequent funding cycle at the discretion
of the assistant director of DOSH, or designee.
(3) Some funding cycles may include limitations on the maximum amount that will be awarded for any proposal. Limitations, if any, will be posted at http://www.lni.wa.gov/Safety/Topics/AtoZ/Grants/default.asp or in current application packets.
(4) All products developed as a result of an approved SHIP award belong in the public domain and their dissemination and use shall not be restricted in any way. Such products may not be copyrighted, patented, claimed as trade secrets, or otherwise restricted in any other way. The department retains the right to publish or otherwise disseminate these products as the department in its sole discretion deems appropriate.
(5) The department will not use information contained in submitted application packets as the basis for the initiation of compliance inspections or the issuance of citations and/or penalties to applicants, under WISHA, chapter 49.17 RCW. However, employers are not exempt from compliance inspections initiated for other reasons because they submitted an application packet.
(6) Projects may include, but are not limited to:
(a) The development of technical innovation and engineering controls;
(b) Best practices;
(c) Education and training;
(d) Priorities identified by DOSH in cooperation with the WISHA advisory committee; and
(e) Other projects that foster accident prevention through cooperation between employers and employees or their representatives.
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(2) The advisory committee will:
(a) Review project applications;
(b) Prioritize and select, by a majority vote of at least five of the eight voting members, those projects recommended for funding, with a minority report allowed;
(c) Forward project recommendations to the assistant director of DOSH for final approval.
(3) The assistant director of DOSH will make a final decision on project approval and funding.
(a) Approval will be objectively based on the ability of the project to foster accident prevention through cooperation between employers and employees or their representatives; the likelihood of reducing workplace injuries, illnesses, or fatalities; and the ability of the applicant to achieve project goals.
(b) If the assistant director rejects an application the committee has recommended for funding or approves an application the committee recommended for denial, the assistant director will provide a detailed written explanation to the advisory committee. The advisory committee may request reconsideration of such decision by a majority vote of at least five of the eight voting members, with a minority report allowed. The assistant director will reconsider the decision in consultation with the director.
(4) Applicants will be notified in writing when their application is:
(a) Approved for funding;
(b) Not approved, including the reason it was not funded; or
(c) Held over for a subsequent funding cycle.
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(1) Milestones are intermediate targets or goals that are defined in the project applications. Ongoing funding will be tied to the achievement of approved milestones (including but not limited to accounting for grant funds).
(2) Outcomes are the final products that will be produced by the project.
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(a) The recipient is not in compliance with project award terms;
(b) There are unapproved funding expenditures; or
(c) There are compelling and substantive reasons.
(2) Any suspension or revocation will:
(a) Be in writing and effective upon delivery with proof of delivery receipt;
(b) Include the reasons for suspension or revocation; and
(c) Be subject to appeal as described in chapter 34.05 RCW, the Administrative Procedure Act.
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