[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.120]

[Page 37-38]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1952_APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS
--Table of Contents
 
                          Subpart F_Washington
 
Sec. 1952.120  Description of the plan.

    Source: 38 FR 2422, Jan. 26, 1973, unless otherwise noted.


    (a)(1) The plan identifies the Department of Labor and Industries as 
the State agency designated to administer the plan throughout the State. 
It adopts the definition of occupational safety and health issues 
expressed in Sec. 1902.2(c)(1) of this chapter. The plan contains a 
standards comparison of existing and proposed State standards with 
Federal standards. All standards, except those found in 29 CFR parts 
1915, 1916, 1917, and 1918 (ship repairing, shipbuilding, shipbreaking 
and long shor ing) will be adopt ed and en forced after public hearings 
within 1 year after the standards are found to be at least as effective 
by the Secretary of Labor.
    (2) The plan provides a description of personnel employed under a 
merit system; the coverage of employees of political subdivisions, 
procedures for the development and promulgation of standards, including 
standards for protection of employees against new and unforeseen 
hazards; and procedures for prompt restraint or elimination of imminent 
danger situations.
    (b)(1) The plan includes proposed draft legislation to be considered 
by the Washington Legislature during its 1973 legislative session 
creating a new chapter in title 49, Revised Code of Washington and 
repealing existing provisions, to bring it into conformity with the 
requirements of part 1902. Under the proposed legislation the Department 
of Labor and Industries will have full authority to enforce and 
administer laws respecting safety and health of employees in all 
workplaces of the State. The legislation further proposes to bring the 
State into conformity in areas such as variances and protection of 
employees from hazards.
    (2) The legislation is also intended to insure inspections in 
response to complaints; give employer and employee representatives an 
opportunity to accompany inspectors in order to aid inspections; 
notification of employees or their representatives when no compliance 
action is taken as a result of alleged violations, including informal 
review; notification of employees of their protections and obligations; 
protection of employees against discharge or discrimination in terms and 
conditions of employment; adequate safeguards to protect trade secrets; 
provision for prompt notice to employers and employees of alleged 
violations of standards and abatement requirements; effective sanctions 
against employers for violations of standards and orders; employer right 
of review to the Board of Industrial Insurance Appeals and then to the 
courts, and employee participation in review proceedings. The plan also 
proposes to develop a program to encourage voluntary compliance by 
employers and employees, including provision for on-site consultations.
    (c) The plan includes a statement of the Governor's support for the 
legislation and a legal opinion from the State attorney general that the 
legislation will meet the requirements of the Occupational Safety and 
Health Act of 1970 and is consistent with the Constitution and laws of 
Washington. The plan sets out goals and provides a timetable for 
bringing it into full conformity with part 1902 upon enactment of the 
proposed legislation.
    (d) The Washington plan includes the following documents as of the 
date of approval:
    (1) The plan description documents including draft legislation and 
appendices in two volumes;
    (2) Appendix 18, Standards Comparison;
    (3) Letter from William C. Jacobs, Director, Department of Labor and 
Industries to James W. Lake, Assistant Regional Director, OSHA, August 
11, 1972, submitting justifications for discretionary sanctions for 
serious violations and changing section 18(5) of WISHA to conform to the 
mandatory civil penalty for posting violations under OSHA;
    (4) Letter from John E. Hillier, Supervisor of Safety, Department of 
Labor and Industries to Thomas C. Brown, Director, Office of Federal and 
State Operations, August 19, 1972, submitting justifications on the 
sanction system and the review procedure in the Washington plan;
    (5) Letter from William C. Jacobs to Thomas C. Brown, September 19, 
1972,

[[Page 38]]

justifying the sanction system as proposed by Washington;
    (6) Letter from John E. Hillier to Thomas C. Brown, October 2, 1972, 
providing a detailed explanation of the procedure for review of 
citations proposed by Washington;
    (7) Letter from Stephen C. Way, Assistant Attorney General to Thomas 
C. Brown, October 19, 1972, clarifying several issues raised during the 
review process including revision in the draft legislation;
    (8) Letter from Stephen C. Way to the Assistant Secretary, January 
5, 1973, clarifying most of the remaining issues raised during the 
review process;
    (9) Letter from William C. Jacobs to the Assistant Secretary, 
January 12, 1973, revising the penalty structure in the draft 
legislation.
    (e) The public comments will also be available for inspection and 
copying with the plan documents.