Section 296-115-015. Definitions.

(1) Approved means approved by the assistant director or an authorized representative. However, if a provision of this chapter requires approval by an agency or organization other than the department, such as nationally recognized testing laboratories or the United States Coast Guard, then approval by the specified authority will be accepted.

(2) Assistant director means the assistant director of the division of occupational safety and health (DOSH) within the department of labor and industries.

(3) Authorized person means a person approved or assigned by the employer to perform a specific type of duty or duties or be at a specific location or locations at the workplace.

(4) Bare boat charter means the unconditional lease, rental, or charter of a boat by the owner, or owner's agent, to a person who by written agreement, or contract, assumes all responsibility and liability for the operation, navigation, and provisioning of the boat during the term of the agreement or contract, except when a captain or crew is required or provided by the owner or owner's agents to be hired by the charterer to operate the vessel.

(5) Carrying passengers or cargo means the transporting of any person or persons or cargo on a vessel for a fee or other consideration.

(6) C.F.R. means Code of Federal Regulations.

(7) Charter boat means a vessel or barge operating on waters of the state of Washington which is:

(a) Not inspected or licensed by the United States Coast Guard and over which the United States Coast Guard does not exercise jurisdiction; and

(b) Rented, leased, or chartered to carry seven or more persons, or cargo.

(8) Commercial means any activity from which the operator, or the person chartering, renting, or leasing a vessel derives a profit, and/or which qualifies as a legitimate business expense under the Internal Revenue Statutes.

(9) Competent person means someone who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt action to eliminate them.

(10) Confined space means a space that is all of the following:

(a) Large enough and arranged so that an employee could fully enter the space and perform work; and

(b) Has limited or restricted means for entry or exit.Examples of spaces with limited or restricted entry are tanks, vessels, silos, storage bins, hoppers, vaults, and pits; and

(c) Not primarily designed for human occupancy.

(11) Defect means any characteristic or condition that tends to weaken or reduce the strength of the tool, object, or structure of which it is a part.

(12) Department means the department of labor and industries.

(13) Employee means:

(a) Someone who is employed in the business of an employer; and

(b) Every person in this state who is working for an employer under an independent contract for personal labor.

(14) Employer means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that operates a passenger vessel for hire in this state and employs one or more employees or contracts with one or more persons for personal labor. Any person, partnership, or business entity that has no employees, and is covered by the Industrial Insurance Act is considered both an employer and an employee.

(15) Enclosed space means any space, other than a confined space, which is enclosed by bulkheads and overhead. It includes cargo holds, tanks, quarters, and machinery and boiler spaces.

(16) Equipment means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for a vessel; or a marine safety article, accessory, or equipment, including radio equipment, intended for use by a person on board a vessel.

(17) Hazard means a condition, potential or inherent, that is likely to cause injury, death, or occupational disease.

(18) Hazardous substance means a substance that, because it is explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful, is likely to cause death or injury, including all substances listed on the USCG hazardous materials list.

(19) Inspection means the examination of vessels by the assistant director or an authorized representative of the assistant director.

(20) Keel laid means the date a vessel's keel was laid or the vessel was at a similar stage of construction.

(21) Maritime safety specialist means a technical and operations specialist in maritime issues located in the department.

(22) Master means the individual having command of the vessel and who is the holder of a valid license that authorizes the individual to serve as master of a small passenger vessel.

(23) Passenger means a passenger who pays for carriage on a vessel, whether directly or indirectly to the owner, charterer, operator, agent, or any other person having an interest in the vessel.

(24) Should means recommended.

(25) Standard safeguard means a device intended to remove a hazard incidental to the machine, appliance, tool, or equipment to which the device is attached. Standard safeguards must be constructed of either metal, wood, other suitable material, or a combination. The final determination of the sufficiency of any safeguard rests with the assistant director.

(26) State waters means all nonnavigable waters within the territorial limits of the state of Washington, and not subject to the jurisdiction of the United States Coast Guard.

(27) Substantial means an object is constructed of such strength, material, and workmanship that it will withstand all normal wear, shock, and usage.

(28) Suitable means that which fits, or has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.

(29) Under way means a vessel is not at anchor, made fast to the shore, or aground.

(30) USCG means the United States Coast Guard.

(31) United States Coast Guard Navigation means rules International/Inland, Commandants Instruction M16672.2D as now adopted, or legally amended by the United States Coast Guard.

(32) Vessel means every description of motorized watercraft, other than a bare boat charter boat, seaplane, or sailboat, used or capable of being used to transport seven or more passengers, or cargo, on water for rent, lease, or hire.

(33) Working day means a calendar day, except Saturdays, Sundays, and legal holidays as described in RCW 1.16.050. The time within which an act must be done is computed by excluding the first working day and including the last working day.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 49.17.210, and 88.04.005. WSR 08-20-123, § 296-115-015, filed 10/1/08, effective 11/1/08. Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 07-03-163, § 296-115-015, filed 1/24/07, effective 4/1/07. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and 1999 c 111. WSR 00-23-100, § 296-115-015, filed 11/21/00, effective 1/1/01. Statutory Authority: Chapter 49.17 RCW. WSR 95-04-007, § 296-115-015, filed 1/18/95, effective 3/1/95; WSR 91-24-017 (Order 91-07), § 296-115-015, filed 11/22/91, effective 12/24/91; WSR 91-03-044 (Order 90-18), § 296-115-015, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. WSR 80-17-014 (Order 80-20), § 296-115-015, filed 11/13/80.]

RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 49.17.210, and 88.04.005. WSR 08-20-123, § 296-115-015, filed 10/1/08, effective 11/1/08. Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 07-03-163, § 296-115-015, filed 1/24/07, effective 4/1/07. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and 1999 c 111. WSR 00-23-100, § 296-115-015, filed 11/21/00, effective 1/1/01. Statutory Authority: Chapter 49.17 RCW. WSR 95-04-007, § 296-115-015, filed 1/18/95, effective 3/1/95; WSR 91-24-017 (Order 91-07), § 296-115-015, filed 11/22/91, effective 12/24/91; WSR 91-03-044 (Order 90-18), § 296-115-015, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. WSR 80-17-014 (Order 80-20), § 296-115-015, filed 11/13/80.