AN ACT Relating to occupational safeguards for operators of video display terminals; adding a new chapter to Title 49 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of labor and industries.

(2) "Director" means the director of the department of labor and industries.

(3) "Employee" means employee as defined in RCW 49.17.020.

(4) "Employer" means employer as defined in RCW 49.17.020.

(5) "Terminal" means any type of electronic video screen data presentation machine, commonly known as a video display terminal or cathode-ray tube. Nothing in this section may be construed to apply to television or oscilloscope screens, except to the extent that they are used as terminals for presentation of verbal or numerical data.

(6) "Terminal operator" means any employee who normally operates a terminal for two or more hours a day.

NEW SECTION. Sec. 2. Every employer shall provide for the safety and health of all employees by providing workplace conditions consistent with rules adopted by the department which shall constitute the minimum compliance level.

NEW SECTION. Sec. 3. Employers shall provide all employees who use or will use a terminal with the following:

(1) Guidelines prepared by the department concerning the use of terminals in the workplace; and

(2) Training in the proper and safe use of the equipment, including but not limited to potential hazards, as well as preventive measures to ensure a healthful working environment.

NEW SECTION. Sec. 4. Each terminal installed for use after the effective date of this act shall be equipped with all of the following items:

(1) Detachable keyboard or other device which allows the operator to maintain both a correct viewing posture and a proper typing position;

(2) Brightness and contrast controls which are readily adjustable by the operator; and

(3) All terminals not contained in metal cabinets or cabinets with metallic coatings shall have their transformers shielded by a structure of grounded conductive metal to block low-frequency radiation.

NEW SECTION. Sec. 5. The following provisions are recommended for all video display terminal work areas:

(1) Proper illumination should be provided so that both video display terminal screen and hard copy can be read without undue discomfort or fatigue.

(2) Light absorptive and nonreflective coatings and colors should be used on walls and partitions to reduce glare and excess illuminance.

(3) Screens or antireflection filters to minimize glare from the video display terminal should be properly placed and maintained.

(4) Separate task lamps should be available at each terminal.

(5) Where feasible, the terminals should be arranged so as to direct the exhaust of the terminal cooling fans at least four feet away from any place where a person is stationed for regular periods of time.

NEW SECTION. Sec. 6. If a terminal operator requests the opportunity to transfer temporarily to nonterminal work based on possible impairment of reproductive health which is substantiated by a physician, the employer shall provide such transfer when work is available, without loss of pay, seniority, or any other employment-related benefits.

NEW SECTION. Sec. 7. (1) The director shall adopt rules under chapter 34.04 RCW to implement this chapter.

(2) The director may authorize inspections to be made of any workplace where terminals are used.

NEW SECTION. Sec. 8. The director shall report to the legislature by January 1, 1987, regarding any preventive measures recommended for safe terminal operation in the workplace and the rules developed to implement this chapter.

NEW SECTION. Sec. 9. Any violation of this chapter or of any rule adopted by the director under this chapter shall subject the employer to assessment of a civil penalty of not less than one thousand dollars for each violation. For purposes of this section, each day of a continuing violation constitutes a separate violation.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 11. Sections 1 through 10 of this act shall constitute a new chapter in Title 49 RCW.