Read first time 02/14/13.   Referred to Committee on Labor & Workforce Development.

     AN ACT Relating to increasing protections for employees under the Washington industrial safety and health act of 1973; amending RCW 49.17.160; adding new sections to chapter 49.17 RCW; and creating a new section.

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

Sec. 1   RCW 49.17.160 and 2010 c 8 s 12013 are each amended to read as follows:
     (1) ((No)) A person shall not 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 herself or others of any right afforded by this chapter.
     (2) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this section may, within ((thirty)) one hundred eighty days after such violation occurs, file a complaint with the director alleging such discrimination. Upon receipt of such complaint, the director shall cause such investigation to be made as he or she deems appropriate. If upon such investigation, the director determines that the provisions of this section have been violated, he ((of [or])) or she shall bring an action in the superior court of the county wherein the violation is alleged to have occurred 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 on his or her own behalf within thirty days of such determination. In any such action the superior court shall have jurisdiction, for cause shown, to restrain violations of subsection (1) of this section and order all appropriate relief including rehiring or reinstatement of the employee to his or her former position with back pay.
     (3) Within ninety days of the receipt of the complaint filed under this section, the director shall notify the complainant of his or her determination under subsection (2) of this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 49.17 RCW to read as follows:
     (1) Upon request of a victim or victim's representative, the director must:
     (a) Meet with the victim or victim's representative regarding the inspection or investigation conducted under this chapter concerning an employee's serious physical harm that resulted in in-patient hospitalization or death. Alternatives to live meetings may be used. Reasonable efforts must be made to arrange for the meeting to take place before the director decides whether to issue a citation;
     (b) Provide to the victim or victim's representative:
     (i) A copy of any citation or report issued as a result of the inspection or investigation. The citation or report must be provided at no cost and provided on the later of the date the citation or report is received by the employer and the date of the request;
     (ii) Notification of any appeal filed under RCW 49.17.140 regarding a citation issued as a result of the inspection or investigation; and
     (iii) An explanation of the rights of employees and employee representatives to participate in the proceedings conducted under RCW 49.17.140;
     (c) Provide to the victim or victim's representative an opportunity to appear and make a statement before the parties at proceedings during reassumption of jurisdiction by the director or appeal before the board of industrial insurance appeals regarding any violations associated with the fatality or hospitalization. This opportunity must be provided before the director enters an agreement to withdraw or modify a violation associated with the fatality or hospitalization or reduce an associated penalty. Alternatives to live appearances may be used.
     (2) The director shall adopt rules regarding the rights of victims and their representatives under this section and for the informal review of any claim of a denial of such a right. These rules shall ensure insofar as possible that the issuance of a citation following a workplace fatality or hospitalization is not unduly delayed in order for the director to meet with the victim or victim's representative.
     (3) For purposes of this section, "victim" means:
     (a) An employee who has sustained serious physical harm resulting in death or in-patient hospitalization that is the subject of an inspection or investigation conducted under this chapter; or
     (b) A family member of an employee described in (a) of this subsection, if the employee is killed or cannot reasonably exercise the employee's rights under this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 49.17 RCW to read as follows:
     (1) The requirements of this section apply to an employer that is required by law or chooses to establish a safety committee to communicate and evaluate safety and health issues in the workplace.
     (2) The employer must provide at least eight hours of safety and health training to members of the safety committee within three months of appointment to the committee and annually thereafter. This training must include training on hazard identification and control. Trainers and class content must meet requirements established by the department. The training shall be in addition to and may be combined with training programs provided to all employees pursuant to the rules for accident prevention programs.
     (3) The safety committee shall:
     (a) Identify situations that may be a source of danger or hazard to workers;
     (b) Make recommendations to the employer and the workers for the improvement of the safety and health of workers; and
     (c) Recommend to the employer and the workers the establishment, maintenance, and monitoring of programs, measures, and procedures respecting the safety and health of workers.
     (4) If the employer receives written recommendations from the safety committee pursuant to subsection (3) of this section, the employer shall respond to the safety committee in writing no later than twenty-one calendar days after receiving the recommendations.
     (5) At least one employer and one employee member of the safety committee shall conduct regular inspections of the physical condition of the workplace, as well as equipment, work methods, and work practices, to ensure that prompt action is taken to correct any hazardous condition found. Such an inspection must be performed no less than once every three months. Written reports of such inspections must be provided to and reviewed by the full safety committee within forty-five days of the inspection's completion.

NEW SECTION.  Sec. 4   A new section is added to chapter 49.17 RCW to read as follows:
     (1) The employer shall provide to each new employee at the time of hiring and prior to beginning work written information about all employee rights provided pursuant to this chapter, including at least the following:
     (a) The right to request a workplace inspection;
     (b) The right to receive information and training about workplace hazards;
     (c) The right to receive copies of test results done to find hazards in the workplace;
     (d) The right to review records of work-related injuries and illnesses;
     (e) The right to get copies of medical records; and
     (f) The right to exercise these rights without fear of retaliation or discrimination.
     (2) The department shall develop and make available materials to assist employers with implementing this section.

NEW SECTION.  Sec. 5   The WISHA advisory committee shall continue its work of reviewing and making recommendations regarding civil penalties under the Washington industrial safety and health act to ensure that the assessment of civil penalties meets the requirements under the occupational safety and health act of 1970 (84 Stat. 1590; 29 U.S.C. Sec. 651 et seq.). The WISHA advisory committee shall also review statutory civil penalties and make recommendations regarding any changes to the civil penalties. The department of labor and industries shall report to the appropriate committees of the legislature by December 1, 2013, regarding: (1) Recommendations by the WISHA advisory committee and department steps with respect to ensuring the assessment of civil penalties meets federal requirements; and (2) recommendations of the WISHA advisory committee regarding any changes to the statutory civil penalties.