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Committee hears proposal to create statewide boiler-operator certification program
Summary
A substitute bill would require state certification, five experience/education levels, temporary permits for out-of-state operators, limited exemptions for certain industries and penalties for violations; witnesses split on scope and whether the change demonstrably improves safety
The Labor & Workplace Standards Committee heard testimony March 19 on engrossed Substitute Senate Bill 5694, which would establish a state boiler operator certification program administered by the Department of Labor and Industries (LNI) and the Washington State Board of Boiler Rules.
Jim Morishima, committee staff, summarized the bill: it "establishes a state operator certification program administered by LNI and the board of boiler rules" and makes it unlawful to operate a boiler without a certification issued by LNI. The bill creates five levels of certification (level 1 requiring the most education and experience and level 5 the least), allows applicants who meet education and experience requirements to take an examination, and permits LNI to contract with a nationally recognized testing agency to administer the exam. The bill would allow locally certified operators to remain certified for the first year of the program and would permit LNI to issue temporary permits to out-of-state operators while they apply for state certification.
Sen. Curtis King, the sponsor, said the measure is "about safety" and "about standards, which we currently don't have in the state of Washington," adding that boilers "can put our citizens and the people in the facilities where those boilers are being used, at risk" if not operated correctly.
Larry Kratz, a field representative for the International Union of Operating Engineers Local 302, testified that boilers are widespread — in schools, hospitals, airports and the capitol — and that certification programs in Seattle, Tacoma and Spokane protect public safety. "Outside of these 3 jurisdictions in the state of Washington, boiler operators are not required to be certified regardless of the size of the boiler they operate," Kratz said, and he called a statewide program a safety fix.
Sofia Steele of the Western States Petroleum Association testified in writing to note that refineries already maintain rigorous, site-specific training systems for operators and thanked the committee for amendments exempting refineries and similar facilities. Committee staff noted the bill exempts several industries from certification requirements, including refineries, organic chemical manufacturers, petrochemical manufacturers and biomass energy producers.
Tammy Fown of the Department of Labor and Industries told the committee L&I "hasn't found data that would suggest one way or the other whether a certification improves safety," but said training is important and that boilers "can be really dangerous if done improperly." Committee staff and witnesses described procedural components: LNI may levy penalties of up to $500 per violation; revocations or denials are subject to notice and appeal with hearings before the board of boiler rules; revocations or denials may follow fraud, incompetence, or violations of laws or rules; and consistent with federal law LNI must suspend a certification for nonpayment of child support.
No final committee action was taken at the hearing. Sponsor and stakeholders indicated they expect amendments and additional work with LNI on rulemaking.
