BILL REQ. #:  H-4142.1 

READ FIRST TIME 02/11/14.   

     AN ACT Relating to whistleblowers in the electrical industry; and adding new sections to chapter 19.28 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 19.28 RCW to read as follows:
     The use of unsafe practices and work in violation of this chapter can cause serious and preventable injury to employees and the public in addition to property damage. It is the policy of the legislature that employees should be protected from adverse workplace actions for being a whistleblower. The legislature intends to protect employees by creating a remedy for whistleblowers who experience adverse action.

NEW SECTION.  Sec. 2   A new section is added to chapter 19.28 RCW to read as follows:
     (1) An employer may not take adverse action against an employee who is a whistleblower. An employee aggrieved by a violation of this section may file an action in a court of competent jurisdiction in the county where the violation is alleged to have occurred. The court may award compensatory damages, injunctive relief, attorneys' fees, and costs to an employee who prevails in the action.
     (2) The identity of a whistleblower who reports, in good faith, to the department or a political subdivision that regulates electrical installations, practices that may violate this chapter or rules adopted under this chapter is confidential. The provisions of RCW 4.24.500 through 4.24.520, providing certain protections to persons who communicate to government agencies, apply to such reports.
     (3) For the purposes of this section, the following definitions apply unless the context clearly requires otherwise.
     (a) "Adverse action" means discharging or in any manner discriminating against an employee because the employee:
     (i) Reported a violation of this chapter;
     (ii) Filed a complaint, instituted a proceeding, or caused to be instituted a proceeding under or related to this chapter;
     (iii) Testified or is planning to testify in a proceeding under or related to this chapter; or
     (iv) Exercised, on his or her own behalf or on the behalf of others, any right or responsibility afforded by this chapter.
     (b) "Whistleblower" means an employee who:
     (i) In good faith, reports or opposes a practice that may violate this chapter or rules adopted under this chapter or the safety, installation, repair, or maintenance policies of his or her employer;
     (ii) Is believed to have reported the practices described in (b)(i) of this subsection; or
     (iii) Assisted in reporting, provided information in connection with reporting, or testified regarding the practices described in (b)(i) of this subsection.