BP BHEAD INT S [atlas:bill]

AN ACT Relating to the employment of minors; amending RCW 49.12.121, 49.12.390, 49.12.410, and 49.12.420; repealing RCW 49.12.123; and declaring an emergency.

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

Sec. 1. RCW 49.12.121 and 1993 c 294 s 9 are each amended to read as follows:

(1) ((The department may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business, or occupation in the state of Washington and may adopt special rules for the protection of the safety, health, and welfare of minor employees. However, the rules may not limit the hours per day or per week, or other specified work period, that may be worked by minors who are emancipated by court order.

~~(2)~~)) The department shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards for the health, safety, and welfare of minors as set forth in this chapter and the rules adopted by the department under this chapter. No minor person shall be employed in any occupation, trade, or industry subject to chapter 16, Laws of 1973 2nd ex. sess., unless a work permit has been properly issued, with the consent of the parent, guardian, or other person having legal custody of the minor and with the approval of the school which such minor may then be attending. However, the consent of a parent, guardian, or other person, or the approval of the school which the minor may then be attending, is unnecessary if the minor is emancipated by court order. The employer who is required to have a work permit under this section or RCW 49.12.124 shall keep the permit on file during the employment of a minor or minors.

((~~(3)~~)) (2) Except as otherwise provided in this chapter, the employment of a minor under the age of sixteen is restricted as follows:

(a) During a school week, the total number of hours worked may not exceed three hours per day on school days, eight hours per day on nonschool days, or eighteen hours per week, and the total number of days worked may not exceed six days per week;

(b) During a nonschool week, the total number of hours worked may not exceed eight hours per day or forty hours per week;

(c) Employment may not begin before 7:00 a.m. During the school year, employment must end no later than 7:00 p.m. and, during the summer school vacation, employment must end no later than 9:00 p.m.; and

(d) Employment after 8:00 p.m. in service occupations must be supervised by a responsible adult who is required to be on the premises.

(3) Except as otherwise provided in this chapter, the hours of employment for minors age sixteen and seventeen may not be restricted except as follows:

(a) During a school week the total number of hours worked may not exceed six hours per day on school days, eight hours per day on nonschool days or twenty-four hours per week, and the total number of days worked may not exceed six days per week;

(b) During a nonschool week, the total number of hours worked may not exceed ten hours per day or forty-eight hours per week;

(c) Employment may not begin before 7:00 a.m. on school days or before 5:00 a.m. on Saturdays and Sundays, and must end no later than 11:00 p.m. on days before a school day or midnight on days before a nonschool day, except that working past 10:00 p.m. on two consecutive days preceding school days is prohibited; and

(d) A variance to (a) of this subsection that will permit a total of no more than thirty-six hours of work per week during a school week may be granted by the minor's school with concurrence of the minor's parent or legal guardian. The department shall adopt rules establishing the procedures that the school must follow in granting a variance under this subsection.

(4) The restrictions in subsections (2) and (3) of this section do not apply to minors who are emancipated by court order.

(5) Minors may not be employed:

(a) More than five hours without a meal period of at least thirty minutes. Minors must be given a rest period of at least ten minutes in every four-hour period of employment;

(b) During school hours unless special permission has been granted under RCW 28A.225.010 and 28A.225.080;

(c)(i) In an occupation in which there:

(A) Is a risk of exposure to bodily fluids or transmission of infectious agents, including but not limited to exposure to hepatitis and human immunodeficiency virus and laboratory work that entails the cleaning of medical equipment used to draw or store blood or other contaminated tissue;

(B) Are duties that involve venipuncture; and

(ii) Subsection (5)(c)(i) of this section does not apply:

(A) If the minor is a student in a bona fide health care career training or vocational education program; or

(B) To state-certified life guards with first aid training;

(d) In occupations involving potential exposure to hazardous substances that are considered to be carcinogenic, corrosive, highly toxic, or toxic sensitizers or that have been determined to cause reproductive health effects or irreversible end organ damage. This prohibition does not include handling of such substances in sealed containers in retail employment and does not apply to any consumer product or hazardous substance, as those terms are defined by the consumer product safety act (15 U.S.C. 2051 et seq.) and the federal hazardous substances act (15 U.S.C. 1261 et seq.) and those statutes' regulations, if the employer of a minor can demonstrate that a product or substance is used in the workplace in the same manner as normal consumer use, which use results in a duration and frequency of exposure that is not greater than exposures experienced by consumers using the product or substance in conformity with the manufacturer's instructions; and

(e) In sauna or massage parlors, body painting or tattoo studios, or adult entertainment establishments.

(6) The department may determine by rule occupations, in addition to the occupations listed in subsection (5)(c), (d), and (e) of this section, that are prohibited for minors as unreasonably hazardous. Except to comply with subsection (5)(c), (d), and (e) of this section, the department's rules may not restrict the occupations in which minors may be employed beyond the restrictions of the child labor provisions of the fair labor standards act (29 C.F.R. Part 570, Subpart E), as existing on January 1, 1994.

(7) The minimum wage for minors shall be as prescribed in RCW 49.46.020.

(8) As used in this section:

(a) "School day" means a day on which a minor is required to attend school pursuant to the attendance policy of the school in which the minor is enrolled;

(b) "School week" means a week in which there are more than two scheduled school days; and

(c) "School year" means the academic school year scheduled by school officials for the school in which the minor is enrolled.

Sec. 2. RCW 49.12.390 and 1991 c 303 s 3 are each amended to read as follows:

(1)(a) Except as otherwise provided in subsection (2) of this section, if the director, or the director's designee, finds that an employer has violated any of the requirements of RCW 49.12.121 ((~~or 49.12.123~~)), or a rule or order adopted or variance granted under RCW 49.12.121 ((~~or 49.12.123~~)), a citation stating the violations shall 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. ((An initial citation for failure to comply with RCW 49.12.123 or rules requiring a minor work permit and maintenance of records shall state a specific and reasonable time for abatement of the violation to allow the employer to correct the violation without penalty.)) The director or the director's designee may establish a specific time for abatement of other nonserious violations in lieu of a penalty for first time violations. The citation and a proposed penalty assessment shall be given to the highest management official available at the workplace or be mailed to the employer at the workplace. In addition, the department shall mail a copy of the citation and proposed penalty assessment to the central personnel office of the employer. Citations issued under this section shall be posted at or near the place where the violation occurred.

(b) Except when an employer corrects a violation as provided in (a) of this subsection, he or she shall be assessed a civil penalty of not more than one thousand dollars depending on the size of the business and the gravity of the violation. The employer 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 the assessment penalty as provided in RCW 49.12.400.

(2) If the director, or the director's designee, finds that an employer has committed a serious or repeated violation of the requirements of RCW 49.12.121 ((~~or 49.12.123~~)), or any rule or order adopted or variance granted under RCW 49.12.121 ((~~or 49.12.123~~)), the employer is subject to a civil penalty of not more than one thousand dollars for each day the violation continues. For the purposes of this subsection, a serious violation shall be deemed to exist if death or serious physical harm has resulted or is imminent from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or director's designee, believes that an employer has violated RCW 49.12.121 ((~~or 49.12.123~~)), or a rule or order adopted or variance granted under RCW 49.12.121 ((~~or 49.12.123~~)), and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace. An order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove the danger and to prohibit the employment or presence of a minor in locations or under conditions where the danger exists.

(4) An employer who violates any of the posting requirements of RCW 49.12.121 or rules adopted implementing RCW 49.12.121 shall be assessed a civil penalty of not more than one hundred dollars for each violation.

(5) A person who gives advance notice, without the authority of the director, of an inspection to be conducted under this chapter 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.

Sec. 3. RCW 49.12.410 and 1991 c 303 s 5 are each amended to read as follows:

An employer who knowingly or recklessly violates the requirements of RCW 49.12.121 ((~~or 49.12.123~~)), or a rule or order adopted under RCW 49.12.121 ((~~or 49.12.123~~)), is guilty of a gross misdemeanor. An employer whose practices in violation of the requirements of RCW 49.12.121 ((~~or 49.12.123~~)), or a rule or order adopted under RCW 49.12.121 ((~~or 49.12.123~~)), result in the death or permanent disability of a minor employee is guilty of a class C felony.

Sec. 4. RCW 49.12.420 and 1991 c 303 s 7 are each amended to read as follows:

The penalties established in RCW 49.12.390 and 49.12.410 for violations of RCW 49.12.121 ((~~and 49.12.123~~)) are exclusive remedies.

NEW SECTION. Sec. 5. RCW 49.12.123 and 1991 c 303 s 8, 1983 c 3 s 156, & 1973 c 51 s 3 are each repealed.

NEW SECTION. Sec. 6. 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 takes effect immediately.