S-3067.1  _______________________________________________


                         SENATE BILL 6328



State of Washington   57th Legislature        2002 Regular Session


By Senators Parlette, Gardner, Hale, Honeyford, Rasmussen and Oke


Read first time 01/15/2002.  Referred to Committee on Labor, Commerce & Financial Institutions.

Changing the definition of cherry harvest temporary labor camp.

    AN ACT Relating to the definition of cherry harvest temporary labor camp; and amending RCW 70.114A.110.




    Sec. 1.  RCW 70.114A.110 and 1999 c 374 s 5 are each amended to read as follows:

    (1) The department and the department of labor and industries are directed to engage in joint rule making to establish standards for cherry harvest temporary labor camps.  These standards may include some variation from standards that are necessary for longer occupancies, provided they are as effective as the standards adopted under the Washington industrial safety and health act, chapter 49.17 RCW.  As used in this section "cherry harvest temporary labor camp" means a place where housing and related facilities are provided to agricultural employees by agricultural employers for ((no more than twenty-one days in any one calendar year.  Temporary labor camps licensed under this section may be occupied for more than twenty-one days if the following conditions are met:  (a) The secretary or an authorized representative and the local health jurisdiction determine that the health and safety interests of the worker occupants would be better served by extending the occupancy than closing the camp at the end of the initial twenty-one day period; and (b) the operator requests an extension at least three days prior to the expiration of the initial twenty-one day period.  The extended occupancy shall not exceed seven days)) their use while employed for the harvest of cherries.  The housing and facilities may be occupied by agricultural employees for a period not to exceed one week before the commencement through one week following the conclusion of the cherry crop harvest within the state.

    (2) Facilities licensed under rules adopted under this section may not be used to provide housing for agricultural employees who are nonimmigrant aliens admitted to the United States for agricultural labor or services of a temporary or seasonal nature under section 1101(a)(15)(H)(ii)(a) of the immigration and nationality act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(a)).

    (3) This section has no application to temporary worker housing constructed in conformance with codes listed in RCW 19.27.031 or 70.114A.081.


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