TITLE 6 REGULATORY PROVISIONS

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CHAPTER 6-1 INDUSTRIAL SAFETY AND HEALTH

6-1-1 through 6-1-16 Reserved

6-1-17

Purpose

The Colville Business Council finds that personal injuries and illnesses arising out of

conditions of employment impose a substantial burden upon employers and employees

in terms of lost production, wage loss, medical expenses, and payment of benefits

under the industrial insurance act. Therefore, in the public interest and for the welfare

of the people of the Colville Indian Reservation and in order to assure, insofar as may

reasonably be possible, safe, and healthful working conditions for every man and

woman working on the Colville Indian Reservation, the Colville Business Council in

the exercise of its police power, and in keeping with the mandates of Article V,

Section 1(a) of the Tribal Constitution, declares its purpose by the provisions of this

Chapter to create, maintain, continue, and enhance the industrial safety and health

program of the Tribes, which program shall equal or exceed the standards prescribed

by the Occupations Safety and Health Act of 1970 (Public Law 91-596, 84 Stat. 1590).

6-1-18

Definitions

For the purposes of this Chapter:

(a) "Director" means the Executive Director of the Confederated Tribes of the Colville

Reservation, or a designated representative.

(b) "Department" means Colville Tribal Department of Industrial Health and Safety.

representative, or other business entity which engages in any business, industry,

profession, or activity on the Colville Indian Reservation who employs one or more

employees or who contracts with one or more persons, the essence of which is the

personal labor of such person or persons and includes the Tribes, counties, cities, and

all municipal corporations, public corporations, political subdivisions of the state, and

charitable organizations.

(d) "Employee" means an employee of an employer who is employed in the business of

his employer whether by way of manual labor or otherwise and every person on the

Colville Reservation who is engaged in the employment of or who is working under an

independent contract the essence of which is his personal labor for an employer under

this Chapter whether by way of manual labor or otherwise.

(e) "Person" means one or more individuals, partnerships, associations, corporations,

business trusts, legal representatives, or any organized group of persons.

(f) "Safety and health standard" means a standard which requires the adoption or use of

(July 2009 version of Chapter 6-1)

one or more practices, means, methods, operations, or processes reasonably necessary

or appropriate to provide safe or healthful employment and places of employment.

(g) "Work place" means any plant, yard, premises, room, or other place where an

employee or employees are employed for the performance of labor or service over

which the employer has the right of access or control.

(h) For the purpose of computing time under this Chapter the term "working day"

means a calendar day, except Saturdays, Sundays, and all tribal governmental legal

holidays, as now or hereafter amended, and for the purposes of the computation of

time within which an act is to be done under the provisions of this Chapter, shall be

computed by excluding the first working day and including the last working day.

(i) "Authorized Representative" means an employee, agent, or officer of the

department.

(j) "Tribal Court" mean's the Colville Tribal Court.

(k) "Colville Tribal Safety Committee" shall mean a committee of not less than five

persons nominated by the director and approved by the Colville Business Council to

one (1) year terms.

6-1-19

Application of Chapter—Fees and Charges

This Chapter shall apply with respect to employment performed in any work place

within the jurisdiction of the Confederated Tribes of the Colville Reservation. The

department may provide by rule consistent with other tribal law for a schedule of fees

and charges to be paid by each employer subject to this Chapter. The fees and charges

collected shall be for the purpose of defraying such employer's pro rata share of the

expenses of enforcing and administering this Chapter.

6-1-20

Rules and Regulations—Authority—Procedure

The director shall make, adopt, modify, and repeal rules and regulations governing

safety and health standards for conditions of employment as authorized by this

Chapter. At least thirty (30) days prior to such rule making, the director shall cause

public notice of such hearing to be made in a newspaper of general circulation on the

Reservation with a general description of the subject matter of the proposed rules and

information as to where copies of any rules and regulations proposed for adoption may

be obtained and with a solicitation for recommendations in writing or suggestions for

inclusion or changes in such rules to be submitted. The director may present such rules

at a public hearing where the director determines or is required by law to hold such a

hearing and may utilize the Colville Tribal Administrative Procedure Act, where

appropriate, to provide for notice and comment.

6-1-21

Rules and Regulations—Guidelines—Standards

In the adoption or rules and regulations under the authority of this Chapter, the director

shall:

(July 2009 version of Chapter 6-1)

(a) Provide for the preparation, adoption, amendment, or repeal of rules and

regulations of safety and health standards governing the conditions of employment of

general and special application in all work places; and

(b) Provide for the adoption of occupational health and safety standards which are at

least as effective as those adopted or recognized by the United States Secretary of

Labor under the authority of the Occupational Safety and Health Act of 1970 (Public

Law 91-596; 84 Stat. 1590); and

reduce the number of safety and health hazards at their work places and to stimulate

employers and employees to institute new and to perfect existing programs for

providing safe and healthful working conditions; and

(d) Provide for the promulgation of health and safety standards and the control of

conditions in all work places concerning gases, vapors, dust, or other airborne

particles, toxic materials, or harmful physical agents which shall set a standard which

most adequately assures, to the extent feasible, on the basis of the best available

evidence, that no employee will suffer material impairment of health or functional

capacity even if such employee has regular exposure to the hazard dealt with by such

standard for the period of his working life; any such standard shall require, where

appropriate, the use of protective devices or equipment and for monitoring or

measuring any such gases, vapors, dust, or other airborne particles, toxic materials, or

harmful physical agents; and

(e) Provide for appropriate reporting procedures by employers with respect to such

information relating to conditions of employment which will assist in achieving the

objectives of this Chapter; and

(f) Provide for the frequency, method, and manner of the making or inspections of

work places without advance notice; and

(g) Provide for the publication and dissemination to employers and employees posting

where appropriate by employers of informational, educational, or training materials

calculated to aid and assist in achieving the objectives of this Chapter; and

(h) Provide for the establishment of new, and the perfection and expansion of, existing

programs for occupational safety and health education for employers and employees,

and, in addition institute methods and procedures for the establishment of a program

for voluntary compliance solely through the use of advice and consultation with

employers and employees with recommendations including recommendations of

methods to abate violations relating to the requirements of this Chapter and all

applicable safety and health standards and rules and regulations promulgated pursuant

to the authority of this Chapter; and

(i) Provide for the adoption of safety and health standards requiring the use of

(July 2009 version of Chapter 6-1)

safeguards in trenches and excavations and around openings of hoistways, hatchways,

elevators, stairways, and similar openings; and

(j) Provide for the promulgation of health and safety standards requiring the use of

safeguards for all vats, pans, trimmers, cut off, gang edger, and other saws, planers,

presses, formers, cogs, gearing, belting, shafting, coupling, set screws, live rollers,

conveyors, mangles in laundries, and machinery of similar description, which can be

effectively guarded with due regard to the ordinary use of such machinery and

appliances and the danger to employees therefrom, and with which the employees of

any such work place may come in contact while in the performance of their duties and

prescribe methods, practices, or processes to be followed by employers which will

enhance the health and safety of employees in the performance of their duties when in

proximity to machinery or appliances mentioned in this subsection.

6-1-22

Employers—General Safety Standard—Compliance

Each employer:

(a) Shall furnish to each of his employees a place of employment free from recognized

hazards that are causing or likely to cause serious injury or death to his employees:

Provided, that no citation or order assessing a penalty shall be issued to any employer

solely under the authority of this subsection except where no applicable rule or

regulation has been adopted by the department covering the unsafe or unhealthful

condition of employment at the work place; and,

(b) Shall comply with the rules, regulations, and orders promulgated under this

Chapter.

6-1-23

Right of Entry—Inspections and Investigations—Subpoenas—Contempt

The director, or any authorized representative, in carrying out his duties under this

Chapter, upon the presentation of appropriate credentials to the owner, manager,

operator, or agent in charge, is authorized:

(a) To enter without delay and at all reasonable times the factory, plant, establishment,

construction site, or other area, work place, or environment where work is performed

by an employee of an employer; and

(b) To inspect, survey, and investigate during regular working hours and at other

reasonable times, and within reasonable manner, any such work place and all pertinent

conditions, structures, machines, apparatus, devices, equipment, and materials therein,

and to question privately any such employer, owner, operator, agent, or employee; and

may require the attendance and testimony of witnesses and the production of evidence

under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses

in the Tribal Courts. In the case of failure or refusal of any person to obey such an

order the Tribal Court shall have jurisdiction to issue to such person an order requiring

(July 2009 version of Chapter 6-1)

such person to appear to produce evidence when so ordered, and to give testimony

relating to the matter under investigation or in question. Any failure to obey such order

of the Court may be punished by said Tribal Court as a contempt thereof.

6-1-24

Variances From Safety and Health Standards—Temporary Order—Application

Contents—Procedure

(a) Any employer may apply to the director for a temporary order granting a variance

from any safety and health standard promulgated by rule or regulation under the

authority of this Chapter. Such temporary order shall be granted only if the employer

files an application which meets the requirements of subsection two of this section and

establishes that the employer is unable to comply with a safety or health standard

because of the unavailability of professional or technical personnel or of materials and

equipment needed to come into compliance with the safety and health standard or

because necessary construction or alteration of facilities cannot be completed by the

effective date of such safety and health standard, that he is taking all available steps to

safeguard his employees against the hazards covered by the safety and health standard

and he has an effective program for coming into compliance with such safety and

health standard as quickly as practicable. Any temporary order issued under the

authority of this subsection shall prescribe the practices, means, methods, operations,

and processes which the employer must adopt and use while the order is in effect and

state in detail his program for coming into compliance with the safety and health

standard. Such a temporary order may be granted only after notice to employees and an

opportunity for a hearing upon request of the employer or any affected employee. The

name of any affected employee requesting a hearing under the provisions of this

subsection shall be confidential and shall not be disclosed without the consent of such

employee. The director may issue an interim order to be effective until a determination

is made or a decision rendered if a hearing is demanded. No temporary order may be in

effect for longer than the period needed by the employer to achieve compliance with

the standard, or one year, whichever is shorter, except that such an order may be

renewed not more than twice, so long as the requirements of this subsection are met

and if an application for renewal is filed at least ninety (90) days prior to the expiration

date of the order. No renewal or a temporary order may remain in effect for longer than

one hundred eighty (180) days.

(b) An application for a temporary order under this section shall contain:

(1) A specification of the safety and health standard or portion thereof from which

the employer seeks severance;

(2) A representation by the employer, supported by proof from qualified persons

having first hand knowledge of the facts as represented, that he is unable to comply

with the safety and health standard or portion thereof and a detailed statement of

the reasons therefor.

(3) A statement of the steps the employer has taken and will take, with specific

dates, to protect employees against the hazard covered by the standard;

(July 2009 version of Chapter 6-1)

(4) A statement as to when the employer expects to be able to comply with the

standard or portion thereof and what steps he has taken and will take, with dates

specified, to come into compliance with the standard; and

(5) A certification that the employer by the date of mailing or delivery of the

application to the director, has informed his employees of the application by

providing a copy thereof to his employees or their authorized representative by

posting a copy of such application in a place or places reasonably accessible to all

employees or by other appropriate means of notification and by mailing a copy to

the authorized representative of such employees; the application shall set forth the

manner in which the employees have been so informed. The application shall also

advise employees and their employee representatives of their right to apply to the

director to conduct a hearing upon the application for a variance.

6-1-25

Variances From Safety and Health Standards—Notice—Hearing—OrderModification or Revocation

Any employer may apply to the director for an order for a variance from any rule or

regulation establishing a safety and health standard promulgated under this Chapter.

Affected employees shall be given notice of each such application and in the manner

prescribed by section 6-1-24 shall be informed of their right to request a hearing on

any such application. The director shall issue such order granting a variance, after

opportunity for an inspection, if he determines or decides after a hearing has been held,

if request for hearing has been made, the applicant for the variance has demonstrated

by a preponderance of the evidence that the conditions, practices, means, methods,

operations, or processes used or proposed to be used by such applicant employer will

provide employment and places of employment to his employees which are as safe and

healthful as those which would prevail if he complied with the safety and health

standard or standards from which the variance is sought. The order so issued shall

prescribe the conditions the employer must maintain, and the practices, means,

methods, operations, and processes which he must adopt and utilize to the extent they

differ from the standard in question. At any time after six (6) months has elapsed from

the date of the issuance of the order granting a variance upon application of an

employer, employee, or the director on his own motion, after notice has been given in

the manner prescribed for the issuance of such order may modify or revoke the order

granting the variance from any standard promulgated under the authority of this

Chapter.

6-1-26

Inspections—Employer and Employee Representatives

A representative of the employer and an employee representative authorized by the

employees of such employer shall be given an opportunity to accompany the director,

or an authorized representative, during the physical inspection of any work place for

the purpose of aiding such inspection. Where there is no authorized employee

representative, the director or his authorized representative shall consult with a

reasonable number of employees concerning matters of health and safety in the work

place. The director may adopt procedural rules and regulations to implement the

provisions of this section.

(July 2009 version of Chapter 6-1)

6-1-27

Compliance by Employees—Violations—Notice—Review

Each employee shall comply with the provisions of this Chapter and all rules,

regulations, and orders issued pursuant to the authority of this Chapter which are

applicable to his own actions and conduct in the course of his employment. Any

employee or representative of employees who in good faith believes that a violation of

a safety or health standard, promulgated by rule under the authority of this Chapter

exists that threatens physical harm to employees, or that an imminent danger to such

employees exists, may request an inspection of the work place by giving notice to the

director or his authorized representative of such violation or danger.

Any such notice shall be reduced to writing, shall set forth with reasonable

particularity the grounds for the notice, and shall be signed by the employee or

representative of employees. A copy of the notice shall be provided the employer or his

agent no later than at the time of inspection, except that, upon the request of the person

giving such notice, his name and the names of individual employees referred to therein

shall not appear in such copy or on any record published, released, or made available

pursuant to any provision of this Chapter.

If upon receipt of such notification the director determines that there are reasonable

grounds to believe that such violation or danger exists, he shall make a special

inspection as soon as practicable, to determine if such violation or danger exists. If the

director determines there are no reasonable grounds to believe that a violation or

danger exists, he shall notify the employer and the employee or representative of

employees in writing of such determination. Prior to or during any inspection of a

work place, any employee or representative of employees employed in such work place

may notify the director or any representative of the director responsible for conducting

the inspection, in writing, of any violation of this Chapter which he has reason to

believe exists in such work place. The director shall, by rule, establish procedures for

informal review of any refusal by a representative of the director to issue a citation

with respect to any such alleged violation, and shall furnish the employee

representative of employees requesting such review a written statement of the reasons

for the director's final disposition of the case.

6-1-28

Violations—Citations

If upon inspection or investigation the director or an authorized representative believes

that an employer has violated a requirement of section 6-1-22, or any safety or health

standard promulgated by rule adopted by the director, or the conditions of any order

granting a variance pursuant to this Chapter, he shall with reasonable promptness issue

a citation to the employer. Each citation shall be in writing and shall describe with

particularity the nature of the violation, including a reference to the provisions, or the

statute, standard, rule, regulation, or order alleged to have been violated. In addition,

the citation shall, fix reasonable time for the abatement of the violation. The director

may prescribe procedures for the issuance of a notice in lieu of a citation with respect

to de minimis violations which have no direct or immediate relationship to safety or

health.

(July 2009 version of Chapter 6-1)

Each citation, or a copy or copies thereof, issued under the authority of this section and

section 6-1-29 shall be prominently posted, at or near each place a violation referred to

in the citation occurred or as may otherwise be prescribed in regulations issued by the

director. The director shall provide by rule for procedures to be followed by an

employee representative upon written application to receive copies of citations and

notices issued to any employer having employees who are represented by such

employee representative. Such rule may prescribe the form of such application, the

time for renewal of applications, and the eligibility of the applicant to receive copies of

citations and notices. No citation may be issued under this section or section 6-1-29

after the expiration of six (6) months following a compliance inspection, investigation,

or survey revealing any such violation.

6-1-29

Violations—Dangerous Conditions—Citations and Order of Immediate

Restraint—Restraints—Restraining Orders

(a) If upon inspection or investigation, the director, or an authorized representative,

believes that an employer has violated a requirement of section 6-1-22, or any safety or

health standard promulgated by rules or the department, or any conditions of an order

granting a variance, which violation is such that a danger exists from which there is a

substantial probability that death or serious physical harm could result to any

employee, the director or an authorized representative shall issue a citation and may

issue an order immediately restraining any such condition, practice, method, process,

or means in the work place. Any order issued under this section may require such steps

to be taken as may be necessary to avoid, correct, or remove such danger and prohibit

the employment or presence of any individual in locations or under conditions where

such danger exists, except individuals whose presence is necessary to avoid, correct, or

remove such danger or to maintain the capacity of a continuous process operation in

order that the resumption of normal operations may be had without a complete

cessation of operations, or where a cessation of operations is necessary, to permit such

to be accomplished in a safe and orderly manner. In addition, if any machine or

equipment, or any part thereof, is in violation of a requirement of section 6-1-22 or any

safety or health standard promulgated by rules of the department, and the operation of

such machine or equipment gives rise to a substantial probability that death or serious

physical harm could result to any employee, and an order of immediate restraint of the

use of such machine or equipment has been issued under this subsection, the use of

such machine or equipment is prohibited, and a notice to that effect shall be attached

thereto by the director or an authorized representative.

(b) Whenever the director, or an authorized representative, concludes that a condition

of employment described in subsection one of this section exists in any work place, he

shall promptly inform the affected employees and employers of the danger.

employment or practice described in subsection one of this section is issued by the

director, or his authorized representative, he may in addition request the tribal

prosecutor to make an application to the Tribal Court for a temporary restraining order

or such other relief as appears to be appropriate under the circumstances.

(July 2009 version of Chapter 6-1)

6-1-30

Appeal to Committee—Citation or Notification of Assessment of Penalty—Final

Order—Procedure—Redetermination—Hearing

(a) If after an inspection or investigation the director or an authorized representative

issues a citation under the authority of sections 6-1-28 or 6-1-29, the department,

within a reasonable time after the termination of such inspection or investigation, shall

notify the employer by certified mail of the penalty to be assessed under the authority

of section 6-1-34 and shall state that the employer has fifteen (15) working days

within which to notify the director that he wishes to appeal the citation or assessment

or penalty. If, within fifteen (15) working days from the communication of the notice

issued by the director the employer fails to notify the director that he intends to appeal

the citation or assessment penalty, and no notice is filed by any employee or

representative of employees under subsection three of this section the citation and the

assessment shall be deemed a final order of the department and not subject to review

by any Court or agency.

(b) If the director has reason to believe that an employer has failed to correct a

violation for which a citation has been issued within the period permitted in the

citation for its correction, which period shall not begin to run until the entry of a final

order in the case of any appeal proceedings under this section initiated by the employer

in good faith and not solely for delay or avoidance or penalties, the director shall notify

the employer by certified mail of such failure to correct the violation and or the penalty

to be assessed under section 6-1-34 by reason of such failure, and shall state that the

employer has fifteen (15) working days from the communication of such notification

and assessment of penalty to notify the director that he wishes to appeal the director's

notification of the assessment of penalty. If, within fifteen (15) working days from the

receipt of notification issued by the director the employer fails to notify the director

that he intends to appeal the notification of assessment of penalty, the notification and

assessment of penalty shall be deemed a final order of the department and not subject

to review by any Court or agency.

(15) working days of the decision. Such an appeal will be heard through the

procedures in the Colville Administration Procedures Act, 2-4-1, relating to contested

case proceedings.

(Amended July 2009, Resolution 2009-518)

6-1-32

Discrimination Against Employee Filing Complaint, Instituting Proceedings or

Testifying Prohibited—Procedure—Remedy

(a) No person shall discharge or in any manner discriminate against any employee

because such employee has filed any complaint or instituted or caused to be instituted

any proceeding under or related to this Chapter, or has testified or is about to testify in

any such proceeding or because of the exercise by such employee on behalf of himself

or others of any right afforded by this Chapter.

(b) Any employee who believes that he has been discharged or otherwise discriminated

against by any person in violation of this section may, within thirty (30) days after such

(July 2009 version of Chapter 6-1)

violation occurs, file a complaint with the director alleging such discrimination. Upon

receipt of such complaint, the director shall cause an investigation to be made. If upon

such investigation, the director determines that the provisions of the section have been

violated, an action shall be brought in the Tribal Court against the person or persons

who is alleged to have violated the provisions of this section. If the director determines

that the provisions of this section have not been violated, the employee may institute

the action in the Colville Tribal Court on his own behalf within thirty (30) days of such

determination. In any such action the Tribal Court shall have jurisdiction, for cause

shown, to restrain violations of subsection (a) of this section and order all appropriate

relief including rehiring or reinstatement of the employee to his former position with

back pay.

director shall notify the complainant of a determination under subsection (b) of this

section.

6-1-33

Injunctions—Temporary Restraining Orders

(a) In addition to and after having invoked the powers of restraint vested in the director

as provided in section 6-1-29 the Tribal Court shall have jurisdiction, upon petition of

the director through the tribal prosecutor, to enjoin any condition or practice in any

work place from which there is a substantial probability that death or serious physical

harm could result to any employee immediately or before the imminence of such

danger can be eliminated through the enforcement procedures otherwise provided by

this Chapter. Any order issued under this section may require such steps to be taken as

may be necessary to avoid, correct, or remove such danger and prohibit the

employment or presence of any individual in locations or under conditions where such

danger exists, except individuals whose presence is necessary to avoid, correct, or

remove such danger or to maintain the capacity of a continuous process operation to

resume normal operation without a complete cessation of operations, or where a

cessation of operations is necessary, to permit such to be accomplished in a safe and

orderly manner.

(b) Upon the filing of any such petition the Tribal Court shall have jurisdiction to grant

such injunctive relief or temporary restraining order pending the outcome of

enforcement proceedings pursuant to this Chapter, except that no temporary restraining

order issued without notice shall be effective for a period longer than five (5) working

days.

that a condition or practice described in subsection one exists in any work place, he

shall inform the affected employees and employers of the danger and may recommend

to the director that relief be sought under this section.

(d) If the director arbitrarily or capriciously fails to invoke his restraining authority

under section 6-1-29 or fails to seek relief under this section, any employee who may

be injured by reason of such failure, or the representative of such employees, may

(July 2009 version of Chapter 6-1)

bring an action against the director in the Tribal Court for a writ of mandamus to

compel the director to seek such an order and for such further relief as may be

appropriate or seek the director to exercise his restraining authority under section 6-129.

6-1-34

Violations—Civil Penalties

(a) Any employer who willfully or repeatedly violates the requirements of section 6-122, on any safety or health standard promulgated under the authority of this Chapter,

on any, existing rule or regulation governing the conditions of employment

promulgated by the department, or on any order issued granting a variance under

sections 6-1-24 or 6-1-25 may be assessed a civil penalty not to exceed fifty thousand

dollars ($50,000) for each violation.

(b) Any employer who has received a citation for a serious violation of the

requirements of section 6-1-22, on any safety or health standard promulgated under the

authority of this Chapter, on any existing rule or regulation governing the conditions of

employment promulgated by the department, or on any order issued granting a

variance under sections 6-1-24 or 6-1-25 as determined in accordance with subsection

six of this section, shall be assessed a civil penalty not to exceed five thousand dollars

($5,000) for each such violation.

section 6-1-22, any safety or health standard promulgated under this Chapter, any

existing rule or regulation governing the conditions of employment promulgated by the

department, or any order issued granting a variance under sections 6-1-24 or 6-1-25,

where such violation is specifically determined not to be of a serious nature as

provided in subsection six of this section, may be assessed a civil penalty not to exceed

three thousand dollars ($3,000) for each such violation, unless such violation is

determined to be de minimis.

(d) Any employer who fails to correct a violation for which a citation has been issued

under sections 6-1-28 or 6-1-29 within the period permitted for its correction, which

period shall not begin to run until the date of the final order of the Safety Committee in

case or any review proceedings under this Chapter initiated by the employer in good

faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty

of not more than five thousand dollars ($5,000) for each day during which such failure

or violation continues.

(e) Any employer who violates any of the posting requirements of this Chapter, or any

of the posting requirements of rules promulgated by the department pursuant to this

Chapter related to employee or employee representative's rights to notice, including but

not limited to those employee rights to notice set forth in sections 6-1-24, 6-1-25, 6-128, 6-1-29, 6-1-38(a) and 6-1-39(b), shall be assessed a penalty not to exceed three

thousand dollars ($3,000) for each such violation. Any employer who violates any of

the posting requirements for the posting of informational, educational, or training

materials under the authority of section 6-1-21, may be assessed a penalty not to

(July 2009 version of Chapter 6-1)

exceed one thousand five hundred dollars ($1,500) for each such violation.

(Typographical error corrected 4//22/05)

(f) For the purposes of this section, a serious violation shall be deemed to exist in a

work place if there is a substantial probability that death or serious physical harm

could result from a condition which exists, or from one or more practices, means,

methods, operations, or processes which have been adopted or are in use in such work

place, unless the employer did not, and could not with the exercise of reasonable

diligence, know of the presence of the violation.

(g) The director, or an authorized representative of the director, shall have authority to

assess all civil penalties provided in this section, giving due consideration to the

appropriateness of the penalty with respect to the number of affected employees of the

employer being charged, the gravity of the violation, the size of the employer's

business, the good faith of the employer, and the history of previous violations.

(h) Civil penalties imposed under this Chapter shall be paid to the director for deposit

in the Tribal General Fund. Civil penalties may be recovered in a civil action in the

name of the department brought in the Tribal Court.

6-1-35

Violations—Criminal Penalties

(a) Any person within the jurisdiction of the Tribes, who gives advance notice of any

inspection to be conducted under the authority of this Chapter, without the consent of

the director or his authorized representative, shall, upon conviction be guilty of a gross

misdemeanor and be punished by a fine of not more than one thousand dollars

($1,000) or by imprisonment for not more than six (6) months, or by both.

(b) Whoever, within the jurisdiction of the Tribes, knowingly makes any false

statement, representation, or certification in any application, record, report, plan, or

other document filed or required to be maintained pursuant to this Chapter shall, upon

conviction be guilty of an offense and be punished by a fine of not more than five

thousand dollars ($5,000), or by imprisonment for not more than six (6) months or by

both.

violates the requirements of section 6-1-22, any safety or health standard promulgated

under this Chapter, any existing rule or regulation governing the safety or health

conditions of employment and adopted by the director, or any order issued granting a

variance under sections 6-1-24 or 6-1-25 and that violation caused death to any

employee shall, upon conviction be guilty of a gross misdemeanor and be punished by

a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more

than one (1) year or by both.

(d) Any employer, within the jurisdiction of the Tribes, who has been issued an order

immediately restraining a condition, practice, method, process, or means in the work

place, pursuant to sections 6-1-29 or 6-1-33, and who nevertheless continues to use a

(July 2009 version of Chapter 6-1)

machine or equipment or part thereof to which a notice prohibiting such use has been

attached, shall be guilty of an offense and upon conviction shall be punished by a fine

of not more than five thousand dollars ($5,000) or by imprisonment for not more than

six (6) months, or by both.

(e) Whenever the director has reasonable cause to believe that any provision of this

section defining a crime has been violated by an employer, the director shall cause a

record of such alleged violation to be prepared, a copy of which shall be referred to the

tribal prosecutor, and the tribal prosecutor shall in writing advise the director of the

disposition he shall make of the alleged violation.

6-1-36

Confidentiality—Trade Secrets

All information reported to or otherwise obtained by the director, or an authorized

representative, in connection with any inspection or proceeding under the authority of

this Chapter, which contains or which might reveal a trade secret shall be considered

confidential, except that such information may be disclosed to other officers or

employees concerned with carrying out this Chapter, or when relevant in any

proceeding under this Chapter. In any such proceeding the director, or the Court shall

issue such orders as may be appropriate to protect the confidentiality of trade secrets.

6-1-37

Reserved

6-1-38

Records—Reports—Notice to Employee Exposed to Harmful Materials

(a) Each employer shall make, keep, and preserve, and make available to the director

such records regarding his activities relating to this Chapter as the director may

prescribe by regulation as necessary or appropriate for the enforcement of this Chapter

or for developing information regarding the causes and prevention of occupational

accidents and illnesses. In order to carry out the provisions of this section such

regulations may include provisions requiring employers to conduct periodic inspection.

The director shall also issue, regulations requiring that employers, through posting of

notices or other appropriate means, keep their employees informed of their protection

and obligations under this Chapter, including the provisions of applicable safety and

health standards.

(b) The director shall prescribe regulations requiring employers to maintain accurate

records, and to make periodic reports of work-related deaths, and of injuries and

illnesses other than minor injuries requiring only first aid treatment and which do not

involve medical treatment, loss of consciousness, restriction of work or motion, or

transfer to another job.

records of employee exposures to potentially toxic materials or harmful physical

agents which are required to be monitored or measured. Such regulations shall provide

employees or their representatives with an opportunity to observe such monitoring or

measuring, and to have access to the records thereof. Such regulations shall also make

appropriate provisions for each employee or former employee to have access to such

(July 2009 version of Chapter 6-1)

records as will indicate his own exposure to toxic materials or harmful physical agents.

Each employer shall promptly notify any employee who has been or is being exposed

to toxic materials or harmful physical agents, in concentrations or at levels which

exceed those prescribed by any applicable safety and health standard promulgated

under this Chapter and shall inform any employee who is being thus exposed of the

corrective action being taken.

6-1-39

Compliance with Federal Act—Agreements and Acceptance of Grants

Authorized

The director is authorized to adopt by rule any provision reasonably necessary to

enable this Tribe to qualify as a tribal plan under section 18 of the Occupational Safety

and Health Act of 1970 (Public Law 91-596, 84 Stat. 1590) to enable this Tribe to

assume the responsibility for the development and enforcement of occupational safety

and health standards in all work places within this reservation subject to the legislative

jurisdiction of the Tribe. The director is authorized to enter into agreement with the

United States and to accept on behalf of the Tribe grants of funds to implement the

development and enforcement of this Chapter and the Occupational Safety and Health

Act of 1970, as amended.

6-1-40

Safety and Health Standards

(a) The director in the promulgation of rules under the authority of this Chapter shall

establish safety and health standards for conditions of employment of general and/or

specific applicability for all industries, businesses, occupations, crafts, trades, and

employments subject to the provisions of this Chapter, or those that are a national or

accepted federal standard. In adopting safety and health standards for conditions of

employment, the director shall solicit and give due regard to all recommendations by

any employer, employee, or labor representative of employees.

(b) Any safety and health standard adopted by rule of the director, shall, where

appropriate, prescribe the use of labels or other forms of warning to insure that

employees are apprised of all hazards to which they may be exposed, relevant

symptoms, and appropriate emergency treatment, and proper conditions and

precautions of safe use or exposure. Where appropriate, such rules shall so prescribe

suitable protective equipment and control or technological procedures to be used in

connection with such hazards and shall provide for monitoring or measuring employee

exposure at such locations and intervals, and in such manner as may be reasonably

necessary for the protection of employees. In addition, where appropriate, any such

rule shall prescribe the type and frequency of medical examinations or other tests

which shall be made available, by the employer or at his cost, to employees exposed to

such hazards in order to most effectively determine whether the health of such

employees is adversely affected by such exposure. In the event that such medical

examinations are in the nature of research, as determined by the director, such

examinations may be furnished at the expense of the department. The results of such

examinations or tests shall be furnished only to the director, other appropriate agencies

or government, and at the request of the employee to his physician.

(July 2009 version of Chapter 6-1)

may at the same time provide by rule the effective date of such standard which shall

not be less than thirty (30) days, excepting emergency rules, but may be made effective

at such time in excess of thirty (30) days from the date of adoption as specified in any

rule adopting a safety and health standard. Any rule not made effective thirty (30) days

after adoption, having a delayed effectiveness in excess of thirty (30) days, may only

be made upon a finding made by the director that such delayed effectiveness of the rule

is reasonably necessary to afford the affected employers a reasonable opportunity to

make changes in methods, means, or practices to meet the requirements of the adopted

rule. Temporary orders granting a variance may be utilized by the director in lieu of the

delayed effectiveness in the adoption of any rule.

6-1-41

Reserved

6-1-42

Statistics—Investigations—Reports

In furtherance of the objects and purposes of this Chapter, the director shall develop

and maintain an effective program of collection, compilation, and analysis of industrial

safety and health statistics. The director, or his authorized representative, shall

investigate and analyze industrial catastrophes, serious injuries, and fatalities occurring

in any work place subject to this Chapter, in an effort to ascertain whether such injury

or fatality occurred as the result of a violation of this Chapter, or any safety and health

standard, rule, or order promulgated pursuant to this Chapter, or if not, whether a

safety and health standard or rule should be promulgated for application to such

circumstances. The director shall adopt rules relating to the conducting and reporting

of such investigations. Such investigative report shall be deemed confidential and only

available upon order of the Tribal Court after notice to the director and an opportunity

for hearing: Provided, that such investigative reports shall be made available without

the necessity of obtaining a court order, to employees of governmental agencies in the

performance of their official duties, to the injured worker or the injured workers' legal

representative or labor organization representative, or to the legal representative or

labor organization representative of a deceased worker who was the subject of an

investigation, or to the employer of the injured or deceased worker or any other

employer or person whose actions or business operation is the subject of the report of

investigation, or any attorney representing a party in any pending legal action in which

an investigative report constitutes relevant and material evidence in such legal action.

6-1-43 through 6-1-105 Reserved

6-1-106 Short Title

This act shall be known and cited as the Colville Tribal Industrial Safety and Health

Chapter.

(July 2009 version of Chapter 6-1)

6-1-107 Severability

If any provision of this Chapter, or its application to any person or circumstance is held

invalid, the remainder of the Chapter, or the application of the provision to other

persons or circumstances is not affected.

(Chapter 6-1 Adopted 12/21/87, Resolution 1987-725)

(Certified 10/12/88)

(July 2009 version of Chapter 6-1)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.