H-3296

AN ACT Relating to employee safety in late night retail establishments; amending RCW 49.22.020 and 49.22.030; adding new sections to chapter 49.22 RCW; and prescribing penalties.

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

Sec. 1. RCW 49.22.020 and 1989 c 357 s 3 are each amended to read as follows:

In addition to providing crime prevention training as provided in ((~~section 2 of this act~~)) section 3 of this act, all employers operating late night retail establishments shall:

(1) Post a conspicuous sign in the window or door which states that there is a safe on the premises and it is not accessible to the employees on the premises and that the cash register contains only the minimal amount of cash needed to conduct business: PROVIDED, That an employer shall not be subject to penalties under RCW 49.22.030 for having moneys in the cash register in excess of the minimal amount needed to conduct business;

(2) ((So)) Arrange all material posted in the window or door so as to provide a clear and unobstructed view of the cash register, provided the cash register is otherwise in a position visible from the street;

(3) Have a drop-safe, limited access safe, or comparable device on the premises; ((~~and~~))

(4) Operate the outside lights for that portion of the parking area that is necessary to accommodate customers during all night hours the late night retail establishment is open, if the late night retail establishment has a parking area for its customers; and

(5) Operate the outside lights for that portion of the parking area that is used by employees during all night hours the late night retail establishment is open plus one hour after closing of the establishment.

Sec. 2. RCW 49.22.030 and 1989 c 357 s 4 are each amended to read as follows:

(1) The requirements of this chapter shall be implemented and enforced, including rules, citations, violations, penalties, appeals, and other administrative procedures by the director of the department of labor and industries pursuant to the Washington industrial safety and health act of 1973, chapter 49.17 RCW.

(2) The department may bring, with or without prior administrative proceedings, an action in violation of this chapter in the superior court to enjoin acts or practices in violation of this chapter and to enforce compliance with this chapter, or rule or order under this chapter.

NEW SECTION. Sec. 3. A new section is added to chapter 49.22 RCW to read as follows:

All employers operating late night retail establishments shall provide crime prevention training to their employees. The crime prevention training shall be a part of the accident prevention program requirements imposed under the Washington industrial safety and health act of 1973, chapter 49.17 RCW, and shall be limited to:

(1) Providing a training manual developed and distributed by the department to employers or a manual that has been certified by the department pursuant to this section containing security policies, safety and security procedures, and personal safety and crime avoidance techniques; and

(2) Attendance at a training seminar or training video presentation developed and distributed by the department or at a training seminar or training video presentation certified by the department under this section.

NEW SECTION. Sec. 4. A new section is added to chapter 49.22 RCW to read as follows:

It is the sole responsibility of the employer to comply with the provisions of this chapter: PROVIDED, That no employer is subject to the penalties for noncompliance with section 3 of this act if the training manual was provided to employees and the employer gave written notice to the employees of the time, date, and place of the training seminar or video presentation.

NEW SECTION. Sec. 5. A new section is added to chapter 49.22 RCW to read as follows:

A late night retail establishment that violates this chapter is subject to the following civil penalties:

(1) A written citation for a first violation;

(2) A civil penalty of one hundred dollars for a first repeated violation of section 3 of this act or RCW 49.22.020 (1), (2), (3), or (4);

(3) A civil penalty of five hundred dollars per violation for two or more repeat violations of section 3 of this act or RCW 49.22.020 (1), (2), (3), or (4).