AN
ACT Relating to agricultural worker protection regulatory duties; amending RCW
70.114A.020, 70.114A.060, 70.114A.081, and 43.70.335; adding new sections to
chapter 70.114A RCW; adding new sections to chapter 49.17 RCW; adding a new
section to chapter 43.70 RCW; creating a new section; and repealing RCW
43.70.330 and 70.54.110.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 70.114A RCW to read as follows:
The
department and the department of labor and industries shall adopt joint rules
for the licensing, operation, and inspection of temporary worker housing, and
the enforcement thereof. These rules shall establish standards that are as
effective as the standards developed under the Washington industrial safety and
health act, chapter 49.17 RCW.
NEW
SECTION. Sec. 2. A
new section is added to chapter 49.17 RCW to read as follows:
The
department and the department of health shall adopt joint rules for the
licensing, operation, and inspection of temporary worker housing, and the
enforcement thereof. For the purposes of this section "temporary worker
housing" has the same meaning as given in RCW 70.114A.020.
NEW
SECTION. Sec. 3. A
new section is added to chapter 70.114A RCW to read as follows:
By
December 1, 1999, the department and the department of labor and industries
shall jointly establish a formal agreement that identifies the roles of each of
the two agencies with respect to the enforcement of temporary worker housing
operation standards.
The
agreement shall, to the extent feasible, provide for inspection and enforcement
actions by a single agency, and shall include measures to avoid multiple
citations for the same violation.
NEW
SECTION. Sec. 4. A
new section is added to chapter 49.17 RCW to read as follows:
By
December 1, 1999, the department and the department of health shall jointly
establish a formal agreement that identifies the roles of each of the two
agencies with respect to the enforcement of temporary worker housing operation
standards.
The
agreement shall, to the extent feasible, provide for inspection and enforcement
actions by a single agency, and shall include measures to avoid multiple
citations for the same violation.
For
the purposes of this section, "temporary worker housing" has the same
meaning as provided in RCW 70.114A.020.
NEW
SECTION. Sec. 5. A
new section is added to chapter 70.114A RCW to read as follows:
(1)
The department and the department of labor and industries are directed to
engage in joint rule making to establish standards for cherry harvest temporary
labor camps. These standards may include some variation from standards that
are necessary for longer occupancies, provided they are as effective as the
standards adopted under the Washington industrial safety and health act,
chapter 49.17 RCW. As used in this section "cherry harvest temporary
labor camp" means a place where housing and related facilities are
provided to agricultural employees by agricultural employers for no more than
twenty-one days in any one calendar year. Temporary labor camps licensed under
this section may be occupied for more than twenty-one days if the following
conditions are met: (a) The secretary or an authorized representative and the
local health jurisdiction determine that the health and safety interests of the
worker occupants would be better served by extending the occupancy than closing
the camp at the end of the initial twenty-one day period; and (b) the operator
requests an extension at least three days prior to the expiration of the
initial twenty-one day period. The extended occupancy shall not exceed seven
days.
(2)
Facilities licensed under rules adopted under this section may not be used to
provide housing for agricultural employees who are nonimmigrant aliens admitted
to the United States for agricultural labor or services of a temporary or seasonal
nature under section 1101(a)(15)(H)(ii)(a) of the immigration and nationality
act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(a)).
(3)
This section has no application to temporary worker housing constructed in
conformance with codes listed in RCW 19.27.031 or 70.114A.081.
Sec.
6. RCW
70.114A.020 and 1995 c 220 s 2 are each amended to read as follows:
The
definitions in this section apply throughout this chapter.
(1)
"Agricultural employee" means any person who renders personal
services to, or under the direction of, an agricultural employer in connection
with the employer's agricultural activity.
(2)
"Agricultural employer" means any person engaged in agricultural
activity, including the growing, producing, or harvesting of farm or nursery
products, or engaged in the forestation or reforestation of lands, which
includes but is not limited to the planting, transplanting, tubing,
precommercial thinning, and thinning of trees and seedlings, the clearing,
piling, and disposal of brush and slash, the harvest of Christmas trees, and
other related activities.
(3)
"Department" means the department of health.
(((2)))
(4) "Dwelling unit" means a shelter, building, or portion of a
building, that may include cooking and eating facilities, that is:
(a)
Provided and designated by the operator as either a sleeping area, living area,
or both, for occupants; and
(b)
Physically separated from other sleeping and common-use areas.
(((3)))
(5) "Enforcement" and "enforcement actions" include the
authority to levy and collect fines.
(6)
"Facility" means a sleeping place, drinking water, toilet, sewage
disposal, food handling installation, or other installations required for
compliance with this chapter.
(((4)))
(7) "Occupant" means a temporary worker or a person who
resides with a temporary worker at the housing site.
(((5)))
(8) "Operator" means a person holding legal title to the land
on which temporary worker housing is located. However, if the legal title and
the right to possession are in different persons, "operator" means a
person having the lawful control or supervision over the temporary worker
housing under a lease or other arrangement.
(((6)))
(9) "Temporary worker" means ((a person)) an
agricultural employee employed intermittently and not residing year-round
at the same site.
(((7)))
(10) "Temporary worker housing" means a place, area, or piece
of land where sleeping places or housing sites are provided by an agricultural
employer for his or her agricultural employees or by another person,
including a temporary worker housing operator, who is providing such accommodations
for employees, for temporary, seasonal occupancy((, and includes "labor
camps" under RCW 70.54.110)).
Sec.
7. RCW
70.114A.060 and 1995 c 220 s 6 are each amended to read as follows:
The
secretary of the department or authorized representative may inspect housing
covered by chapter 220, Laws of 1995, to enforce temporary worker housing rules
adopted by the state board of health prior to the effective date of this act
or the department, or when the secretary or representative has reasonable
cause to believe that a violation of temporary worker housing rules adopted by
the state board of health prior to the effective date of this act or the
department is occurring or is being maintained. If the buildings or
premises are occupied as a residence, a reasonable effort shall be made to
obtain permission from the resident. If the premises or building is
unoccupied, a reasonable effort shall be made to locate the owner or other
person having charge or control of the building or premises and request entry.
If consent for entry is not obtained, for whatever reason, the secretary or
representative shall have recourse to every remedy provided by law to secure
entry.
Sec.
8. RCW
70.114A.081 and 1998 c 37 s 2 are each amended to read as follows:
(1)
The department shall adopt by rule a temporary worker building code in
conformance with the temporary worker housing standards developed under the
Washington industrial safety and health act, chapter 49.17 RCW, ((the rules
adopted by the state board of health under RCW 70.54.110,)) and the
following guidelines:
(a)
The temporary worker building code shall provide construction standards for
shelter and associated facilities that are safe, secure, and capable of
withstanding the stresses and loads associated with their designated use, and
to which they are likely to be subjected by the elements;
(b)
The temporary worker building code shall permit and facilitate designs and
formats that allow for maximum affordability, consistent with the provision of
decent, safe, and sanitary housing;
(c)
In developing the temporary worker building code the department of health shall
consider:
(i)
The need for dormitory type housing for groups of unrelated individuals; and
(ii)
The need for housing to accommodate families;
(d)
The temporary worker building code shall incorporate the opportunity for the
use of construction alternatives and the use of new technologies that meet the
performance standards required by law;
(e)
The temporary worker building code shall include standards for heating and
insulation appropriate to the type of structure and length and season of
occupancy;
(f)
The temporary worker building code shall include standards for temporary worker
housing that are to be used only during periods when no auxiliary heat is
required; and
(g)
The temporary worker building code shall provide that persons operating
temporary worker housing consisting of four or fewer dwelling units or
combinations of dwelling units, dormitories, or spaces that house nine or fewer
occupants may elect to comply with the provisions of the temporary worker
building code, and that unless the election is made, such housing is subject to
the codes adopted under RCW 19.27.031.
(2)
In adopting the temporary worker building code, the department shall make
exceptions to the codes listed in RCW 19.27.031 and chapter 19.27A RCW, in
keeping with the guidelines set forth in this section. The initial temporary
worker building code adopted by the department shall be substantially
equivalent with the temporary worker building code developed by the state
building code council as directed by section 8, chapter 220, Laws of 1995.
(3)
The temporary worker building code authorized and required by this section
shall be enforced by the department.
The
department shall have the authority to allow minor variations from the
temporary worker building code that do not compromise the health or safety of
workers. Procedures for requesting variations and guidelines for granting such
requests shall be included in the rules adopted under this section.
NEW
SECTION. Sec. 9. A
new section is added to chapter 43.70 RCW to read as follows:
For
the purposes of RCW 43.70.335, 43.70.337, and 43.70.340, "temporary worker
housing" has the same meaning as provided in RCW 70.114A.020.
Sec.
10. RCW
43.70.335 and 1998 c 37 s 5 are each amended to read as follows:
(1)
Any person providing temporary worker housing consisting of five or more
dwelling units, or any combination of dwelling units, dormitories, or spaces
that house ten or more occupants, or any person providing temporary worker
housing who makes the election to comply with the temporary worker building
code under RCW 70.114A.081(1)(g), shall secure an annual operating license
prior to occupancy and shall pay a fee according to RCW 43.70.340. The license
shall be conspicuously displayed on site.
(2)
Licenses issued under this chapter may be suspended or revoked upon the failure
or refusal of the person providing temporary worker housing to comply with ((the
provisions of RCW 70.54.110, or of any)) rules adopted under this section or
chapter 70.114A RCW by the department. All such proceedings shall be
governed by the provisions of chapter 34.05 RCW.
(3)
The department may assess a civil fine in accordance with RCW 43.70.095 for
failure or refusal to obtain a license prior to occupancy of temporary worker
housing. The department may refund all or part of the civil fine collected
once the operator obtains a valid operating license.
(4)
Civil fines under this section shall not exceed twice the cost of the license
plus the cost of the initial on-site inspection for the first violation of this
section, and shall not exceed ten times the cost of the license plus the cost
of the initial on-site inspection for second and subsequent violations within
any five-year period. The department may adopt rules as necessary to assure
compliance with this section.
NEW
SECTION. Sec. 11. A
new section is added to chapter 70.114A RCW to read as follows:
The
department shall prepare a report to the legislature on utilization of the
temporary worker building code authorized by RCW 70.114A.081. The report shall
include the number of housing units, number of families or individuals housed,
number of growers obtaining permits, the geographic distribution of the
permits, and recommendations of changes in the temporary worker building code
necessary to avoid health and safety problems for the occupants. The report
shall be transmitted to the senate committee on commerce, trade, housing and
financial institutions and the house of representatives committee on economic
development, housing and trade by December 15, 2000, and an update shall be
transmitted every two years thereafter.
NEW
SECTION. Sec. 12. The
following acts or parts of acts are each repealed:
(1) RCW
43.70.330 (Labor camps and farmworker housing‑-Inspector‑-Interagency
agreement for inspections) and 1998 c 245 s 74, 1995 c 399 s 75, & 1990 c
253 s 2; and
(2) RCW
70.54.110 (New housing for agricultural workers to comply with
board of health regulations) and 1995 c 220 s 11, 1990 c 253 s 4, & 1969
ex.s. c 231 s 1.
NEW SECTION. Sec. 13. Rules
adopted under RCW 70.54.110 prior to the effective date of this act shall
remain in effect until modified.
