1989-S2

AN ACT Relating to employment in the construction industry; amending RCW 51.24.035; adding new sections to chapter 49.17 RCW; creating a new section; 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.

NEW SECTION. Sec. 2. A new section is added to chapter 49.17 RCW to read as follows:

All construction employers have a duty to provide a safe place to work for their own employees and the employees of their subcontractors of any tier working at the site of a construction project. This duty shall be considered within the context of standard construction industry practices. Such duty includes implementation of a safety program that is effective in practice.

All construction employers shall take reasonable steps to ensure that their safety programs are designed to comply with Title 51 RCW and this chapter, including the development, implementation, and periodic evaluation of a written accident prevention plan specific to the site of each construction project. All construction employers shall designate an individual with responsibility for construction jobsite safety. All construction employers shall inform their own employees of the name and telephone number of that designated individual. 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 of the name and telephone number of the subcontractor's designated individual responsible for construction jobsite safety.

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 this chapter eliminates or effects any change to the immunity conferred in RCW 51.24.035.

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

The prime contractor or general contractor has the primary responsibility for compliance with safety regulations at each construction jobsite. If a construction employer's safety program is effective in practice, no citation shall be issued to the construction employer for violations of this chapter by any of the construction employer's subcontractors of any tier. A safety program shall be considered effective in practice if it complies with the following:

(1) A prime contractor or general contractor's subcontractors are required, by contract, to comply with the provisions of this chapter; and

(2) The prime contractor or general contractor develops, implements, and enforces a written accident prevention program for each construction project; and

(3) The prime contractor or general contractor requires each subcontractor at the site of a construction project to provide an accident prevention plan for that construction project, which shall be available at the construction jobsite or at the prime contractor or general contractor's main business office located within the state of Washington; and

(4) The prime contractor or general contractor posts at that construction project the name and telephone number of its designated individual with responsibility for construction jobsite safety at that construction jobsite; and

(5) The prime contractor or general contractor provides to its employees all safety equipment necessary for that construction jobsite; and

(6) The prime contractor or general contractor provides, or requires by contract its subcontractors to provide to the subcontractor's employees, all safety equipment necessary for that construction jobsite.

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. This act is 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.