[atlas:bill]

AN ACT Relating to prohibiting health care facilities from requiring employees to perform overtime work; adding new sections to chapter 49.28 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. Washington state is experiencing a critical shortage of qualified, competent health care workers. To safeguard the health, efficiency, and general well-being of health care workers and promote patient safety and quality of care, the legislature finds, as a matter of public policy, that required overtime work should be limited in order to ensure the public will continue to receive safe quality care.

NEW SECTION. Sec. 2. The definitions in this section apply throughout sections 3 and 4 of this act unless the context clearly requires otherwise.

(1) "Employee" means an individual employed by a health care facility who is involved in direct patient care activities or clinical services and receives an hourly wage, but does not include a physician.

(2) "Employer" means an individual, partnership, association, corporation, state institution, political subdivision of the state, or person or group of persons, acting directly or indirectly in the interest of a health care facility.

(3) "Health care facility" means a health care facility, as defined in RCW 48.43.005, licensed by the state or authorized to provide care within the state. "Health care facility" does not include nursing homes, boarding homes, and adult family homes.

(4) "Overtime" means the hours worked in excess of an agreed upon, predetermined, regularly scheduled shift not to exceed twelve hours in a twenty-four-hour period or eighty hours in a consecutive fourteen-day period.

(5) "Unforeseeable emergent circumstance" means (a) any unforeseen declared national, state, or municipal emergency; (b) when a health care facility disaster plan is activated; or (c) any unforeseen disaster or other catastrophic event which substantially affects or increases the need for health care services.

NEW SECTION. Sec. 3. (1) No employee of a health care facility may be required to work overtime. Attempts to compel or force employees to work overtime are contrary to public policy, and any such requirement contained in a contract, agreement, or understanding is void.

(2) The acceptance by any employee of overtime is strictly voluntary, and the refusal of an employee to accept such overtime work is not grounds for discrimination, dismissal, discharge, or any other penalty, threat of reports for discipline, or employment decision adverse to the employee.

(3) This section does not apply in the case of any unforeseeable emergent circumstance.

(4) The provisions of this section do not apply to prescheduled on‑call time, unless on-call is used as a substitute for mandatory overtime or on-call is used as a means to fill vacancies resulting from chronic short staffing.

(5) Violation of this section is a misdemeanor.

NEW SECTION. Sec. 4. (1) The department of labor and industries shall investigate complaints of violations of section 3 of this act. If upon inspection or investigation, the department of labor and industries finds that an employer has violated a requirement of section 3 of this act, the department shall with reasonable promptness issue a citation to the employer. Each citation must be in writing and describe with particularity the nature of the violation and the fine imposed. For each violation of section 3 of this act, the employer is subject to a fine of one thousand dollars. If there are three or more violations of section 3 of this act for an employer within a calendar year, the employer is subject to a fine of five thousand dollars for the fourth violation, and ten thousand dollars for each subsequent violation. In addition, the employer shall prominently post in the workplace each citation, or a copy of the citation, issued under the authority of this section.

(2)(a) The director of the department or any authorized representative may, for the purpose of carrying out this section: (i) Issue subpoenas to compel the attendance of witnesses or parties and the production of books, papers, or records; (ii) administer oaths and examine witnesses under oath; (iii) take the verification of proof of instruments of writing; and (iv) take depositions and affidavits. Obedience to subpoenas issued by the director or authorized representative shall be enforced by the courts in any county.

(b) The director or authorized representative shall have free access to all employers. Any employer or any agent or employee of such employer who refuses the director or authorized representative admission, or who, when requested by the director or authorized representative, willfully neglects or refuses to furnish the director or authorized representative any statistics or information pertaining to his or her lawful duties, which statistics or information may be in his or her possession or under the control of the employer or agent, is guilty of a misdemeanor.

(c) If the employer or former employer fails to pay the fine assessed by the department or make satisfactory explanation to the director of his or her failure to do so, within thirty days after issuance, the employer or former employer is liable for a penalty of ten percent of that portion of the claim found to be justly due. The director shall have a cause of action against the employer or former employer for the recovery of such fine.

NEW SECTION. Sec. 5. Sections 2 through 4 of this act are each added to chapter 49.28 RCW.