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

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

NEW SECTION. Sec. 1. The legislature finds that video display terminals have become a common tool in many workplaces. Scientific studies have documented health complaints attributable to the video display terminal work environment. Video display terminal characteristics, the physical layout of the workplace, such as lighting and furniture, and job design all contribute to the development of various job-related stress symptoms or physical discomforts. Reduced individual discomfort, disease or vision problems and decreased absenteeism can result from preventive programs and attention to these issues. Thus, the legislature recognizes the need for standards to assist employers in providing a healthful and safe workplace.

NEW SECTION. Sec. 2. 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 labor and industries.

(3) "Employer" means every office, department, division, bureau, board, commission, institution, or other state agency, and every such agency, or political subdivision, or unit of local government of the state, including but not limited to municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts.

(4) "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 alphanumeric data.

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

NEW SECTION. Sec. 3. Every employer shall provide for the health and safety of all terminal operators by providing workplace conditions and training to include, consistent with rules adopted by the department:

(1) Information about precautions which the employee and the employer can take to minimize hazards;

(2) Training in the proper and safe use of the equipment;

(3) Provision for the vision health and safety of terminal operators, including but not limited to, a comprehensive vision test before starting work on a video display terminal with follow-up testing to identify vision changes and to ensure the use of proper eyeglasses or contact lenses; and

(4) Such other requirements as the department may prescribe.

Compliance with department rules shall constitute the minimum compliance level.

NEW SECTION. Sec. 4. (1) The department rules shall incorporate standards for the use of video display terminals which shall include, but not be limited to, the following elements: Video display terminal readability factors, ergonomic qualities, environmental lighting and noise, and job design to mitigate monotonous repetitive tasks.

(2) Employers shall consider the design of jobs so as to avoid monotonous repetitive tasks. To avoid undue stress they shall not impose unreasonable work standards on terminal operators. The department shall adopt rules consistent with the value of frequent, periodic rest breaks for terminal operators engaged in continuous terminal work of more than sixty minutes duration.

NEW SECTION. Sec. 5. If an operator requests a temporary transfer to nonterminal work and the request is based on a health concern substantiated by a health care provider, the employer shall provide such transfer when work is available, without loss of pay, seniority, or any other employment-related benefits.

NEW SECTION. Sec. 6. The director shall adopt rules under chapter 34.04 RCW to carry out the purposes of this chapter.

NEW SECTION. Sec. 7. Any violation of this chapter or of any rule adopted under this chapter shall subject the employer to assessment of a civil penalty under chapter 49.17 RCW. For purposes of this section, each day of a continuing violation constitutes a separate violation.

NEW SECTION. Sec. 8. 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.

NEW SECTION. Sec. 9. (1) The director shall report to the legislature by January 1, 1988, regarding preventive measures recommended for safe terminal operation in the workplace and the rules developed to implement this chapter.

(2) The director shall report to the legislature by January 1, 1989, regarding the implementation and impact, including costs, of standards for the use of video display terminals by state employees, including information on the effect of training requirements in promoting safe terminal operation.

NEW SECTION. Sec. 10. Sections 1 through 8 of this act shall constitute a new chapter in Title 49 RCW.