1989-S

AN ACT Relating to employment in the construction industry; amending RCW 51.24.035, and 51.32.073; adding a new section to chapter 49.17 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

Sec. 1. RCW 51.24.035 and 1987 c 212 s 1801 are each amended to read as follows:

(1) Notwithstanding RCW 51.24.030(1), the injured worker or beneficiary may not seek damages ((against a design professional who is a third person and who has been retained to perform professional services on a construction project, or any employee of a design professional who is assisting or representing the design professional in the performance of professional services on the site of the construction project, unless responsibility for safety practices is specifically assumed by contract, the provisions of which were mutually negotiated, or the design professional actually exercised control over the portion of the premises where the worker was injured)) for an injury or occupational disease occurring in the course of employment at the site of a construction project, whether accomplished by a single contract or by multiple contracts, against the owner or developer of the project or against any person or entity performing work, furnishing materials, or providing services to or for the construction project including, but not limited to, design professionals, construction managers, general or prime contractors, suppliers, subcontractors of any tier, and any employee of a design professional, construction manager, general or prime contractor, supplier, or subcontractor of any tier.

(2) The immunity provided by this section does not extend to any person or entity who injures a worker by deliberate intention as defined in RCW 51.24.020, and it is against public policy to seek indemnification in construction contracts against such liability. Such contractual clauses are void and unenforceable.

(3) The immunity provided by this section does not extend to manufacturers and product sellers for product liability actions as defined in chapter 7.72 RCW.

(4) The immunity provided by this section does not apply to the negligent preparation of design plans and specifications by a design professional.

((~~(3)~~)) (5) For the purposes of this section, "design professional" means an architect, professional engineer, land surveyor, or landscape architect, who is licensed or authorized by law to practice such profession, or any corporation organized under chapter 18.100 RCW or authorized under RCW 18.08.420 or 18.43.130 to render design services through the practice of one or more of such professions.

Sec. 2. RCW 51.32.073 and 1989 c 385 s 4 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, each employer shall retain from the earnings of each worker, except for workers in the construction industry, that amount as shall be fixed from time to time by the director, the basis for measuring said amount to be determined by the director. The money so retained shall be matched in an equal amount by each employer, and all such moneys shall be remitted to the department in such manner and at such intervals as the department directs and shall be placed in the supplemental pension fund: PROVIDED, That the state apprenticeship council shall pay the entire amount into the supplemental pension fund for registered apprentices or trainees during their participation in supplemental and related instruction classes. The moneys so collected shall be used exclusively for the additional payments from the supplemental pension fund prescribed in this title and for the amount of any increase payable under the provisions of RCW 51.32.075, as now or hereafter amended, and shall be no more than necessary to make such payments on a current basis. Employers in the construction industry shall pay the entire amount into the supplemental pension fund for employees engaged in construction work, as reported in construction industry industrial insurance classifications adopted by the department. The department may require a self-insurer to make any additional payments which are payable from the supplemental pension fund and thereafter such self-insurer shall be reimbursed therefrom.

(2) None of the amount assessed for the supplemental pension fund under RCW 51.16.210 may be retained from the earnings of workers covered under RCW 51.16.210.

NEW SECTION. Sec. 3. A new section is added to chapter 49.17 RCW to read as follows:

Each prime contractor or general contractor has a duty to provide a safe place to work for its own employees and the employees of a subcontractor of any tier working at the site of a construction project. This duty shall be considered within the context of standard construction industry practices and shall establish that the general contractor or prime contractor has the primary responsibility for compliance with safety regulations. Such duty includes implementation of a safety program specific to the site of a construction project that is effective in practice and that includes contractual requirements for compliance for all lower-tier construction employers engaged in work at the site of a construction project.

Each prime contractor or general contractor shall take reasonable steps to ensure that its safety program is designed to comply with Title 51 RCW and chapter 49.17 RCW, including the development, implementation, and periodic evaluation of a written accident prevention program for each construction project. This plan shall be communicated to the prime contractor's or general contractor's employees and to all subcontractors of any tier on the site of the construction project. All construction employers, whether prime contractor, general contractor, or subcontractor of any tier, shall designate an individual with responsibility for construction jobsite safety. The prime contractor or general contractor shall post the name and telephone number of its designated individual at the site of a construction project. All subcontractors shall inform the prime contractor or general contractor and each of that subcontractor's own employees of the name and telephone number of the subcontractor's designated individual.

Suggestions for safety improvements and identification of potential hazards at the site of a construction project are to be encouraged. Permissible disciplinary actions for violation of these or other appropriately communicated requirements include, but are not limited to: Verbal or written reprimand, suspension from work, and termination for cause. Such disciplinary actions for violations shall be subject to the disciplinary provisions set forth in an employer's written policy statement or in a written agreement between an employer and employees, if such a written agreement exists.

Neither violation of the provisions of this section nor the issuance of a citation under chapter 49.17 RCW shall eliminate or effect any change to the immunity conferred in RCW 51.24.035.

NEW SECTION. Sec. 4. The department of labor and industries shall adopt rules in consultation with the affected parties, that are consistent with the legislative intent of this act to implement this act.

NEW SECTION. Sec. 5. (1) Sections 1, 3, and 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

(2) Section 2 of this act shall take effect July 1, 1996.