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.
AN ACT Relating to the definition of cherry harvest temporary labor camp; and amending RCW 70.114A.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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.
--- END ---