Z-0179.3 _______________________________________________
HOUSE BILL 1290
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Prentice, Phillips and Wang; by request of Department of Labor & Industries.
Read first time January 25, 1991. Referred to Committee on Commerce & Labor.
AN ACT Relating to the imposition of civil penalties for violation of the industrial welfare statutes; adding new sections to chapter 49.12 RCW; repealing RCW 49.12.161 and 49.12.170; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) If, after an inspection under RCW 49.12.041, the director, or the director's authorized representative, finds that an employer has violated a rule or order adopted under this chapter, a citation stating the violations shall immediately be issued to the employer. The citation shall be in writing, describing the nature of the violation including reference to the standards, rules, or orders alleged to have been violated, and shall fix a specific time for abatement of the violation. The citation, notice, and proposed penalty assessment shall be given to the highest management official available at the workplace or be mailed to the employer. Citations issued under this section shall be posted at or near the place where the violation occurred, and shall contain an abatement date by which the employer must correct the violation.
(2) The director shall give the employer the opportunity to resolve the citation. If, after the date stated in the citation for abatement of the violation, the employer has not corrected the violation, he or she shall be assessed a civil penalty of not more than five hundred dollars. An employer who receives a citation under this section shall pay the amount assessed within thirty days of receipt of the assessment or notify the director of his or her intent to appeal the citation or assessment penalty as provided in section 2 of this act.
(3) An employer who repeatedly violates the same provision of the requirements of this chapter, a rule adopted under this chapter, or an order granting a variance under this chapter, may be assessed a civil penalty of not more than one thousand dollars for each day the violation continues.
(4) An employer who violates any of the posting requirements of this chapter or rules adopted under this chapter shall be assessed a civil penalty of not more than one hundred dollars for each violation.
(5) A person who gives advance notice of an inspection to be conducted under this chapter without the authority of the director shall be assessed a civil penalty of not more than one thousand dollars.
(6) Penalties assessed under this section shall be paid to the director and deposited into the general fund.
(7) This section shall not apply to violations of RCW 49.12.270 through 49.12.295.
NEW SECTION. Sec. 2. A person, firm, or corporation aggrieved by an action taken or decision made by the department under section 1 of this act may appeal the action or decision to the director by filing notice of the appeal with the director within thirty days of the department's action or decision. Upon receipt of an appeal, a hearing shall be held in accordance with chapter 34.05 RCW. The director shall issue all final orders after the hearing. The final orders are subject to appeal in accordance with chapter 34.05 RCW. Orders not appealed within the time period specified in chapter 34.05 RCW are final and binding.
NEW SECTION. Sec. 3. Sections 1 and 2 of this act are each added to chapter 49.12 RCW.
NEW SECTION. Sec. 4. The following acts or parts of acts are each repealed:
(1) RCW 49.12.161 and 1973 2nd ex.s. c 16 s 9; and
(2) RCW 49.12.170 and 1973 2nd ex.s. c 16 s 16 & 1913 c 174 s 17.
NEW SECTION. Sec. 5. 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.