Port of Moses Lake appealing L&I fine

MOSES LAKE - The Port of Moses Lake is appealing a fine from the state Department of Labor and Industries from earlier this year.

At the board of commissioners meeting Monday afternoon, port Manager Craig Baldwin explained the port district was fined by the department after an inspection found there was no written policy for heat-related illness prevention in outdoor work.

"Because of that, we were issued a fine," Baldwin said. "The port has appealed that fine, and that's in the process of being reviewed. In the meantime, to make ourselves current, we have written a policy as recommended by L&I."

Commissioner Kent Jones asked Baldwin if the port district was already doing a number of the things outlined in the policy, but had simply not written anything down.

"We provide the water and we do recommend that; we did not have an actual written policy," Baldwin said. "And without the written policy, the second fine we received was because our employees weren't adequately trained. And that's because without a written policy, the feeling was you couldn't train your employees on a policy."

Port attorney Harold Moberg said "in fairness to the port," the department adopted the regulation in July, which he said was not published and was really intended for migrant workers in the orchards, although he said an emergency plan "apparently" can be adopted and applied without notice to employers.

"In my review, the port had minutes and safety meetings and discussed health and welfare, and being hydrated," Moberg said. "I think it is a technical issue that I think is properly appealed by the port."

"Pass a regulation without telling you about it and then saying, 'Gotcha,'" Commissioner Larry Peterson said during the public meeting.

"It makes it pretty difficult to comply," Moberg agreed.

Commissioners Jones, Peterson and Delone Krueger approved the policy.

The fine levied against the port district is $1,650.

"That's the part we're appealing," Baldwin said. "There's no moneys due and no fine required until after the appeal process."

Commissioners approved amendments to the district's exempt employees pay plan, effective Jan. 1, and exempt employees benefit plan, which is effective Dec. 1.

Earlier in the day, the district held its service awards, honoring Peterson for 20 years, Administrative Assistant Glenda Hartzell for 15 years and Senior Maintenance Mechanic James Flippen for five years with the port district.

The next regular meeting is scheduled for Dec. 26. At that meeting will be the election of officers for 2008 and the annual public corporation meeting, which will also hold its annual election of officers.