BILL REQ. #:  Z-0703.5 

Read first time 01/10/2006.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to authorizing the department to request and superior court to grant warrants pursuant to chapter 49.17 RCW; amending RCW 49.17.070; adding a new section to chapter 49.17 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature intends that inspections performed under the Washington industrial safety and health act ensure safe and healthful working conditions for every person working in the state of Washington. Inspections must follow the mandates of Article II, section 35 of the state Constitution, and equal or exceed the requirements prescribed by the occupational safety and health act of 1970 (Public Law 91-596, 84 Stat. 1590). The legislature also intends that the inspections comply with the fourth and fourteenth amendments to the United States Constitution and Article I, section 7 of the state Constitution.

Sec. 2   RCW 49.17.070 and 1973 c 80 s 7 are each amended to read as follows:
     (1) The director, or his or her authorized representative, in carrying out his or her duties under this chapter, upon the presentation of appropriate credentials to the owner, manager, operator, or ((agent in charge)) on-site person in charge of the worksite, is authorized:
     (((1))) (a) To enter without delay and at all reasonable times the factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed by an employee of an employer; and
     (((2))) (b) To inspect, survey, and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such workplace and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or employee((;)).
     (((3))) (2) In making inspections and making investigations under this chapter the director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the superior courts. In the case of contumacy, failure, or refusal of any person to obey such an order, any superior court within the jurisdiction of which such person is found, or resides, or transacts business, upon the application of the director, shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof.
     (3) Except as otherwise provided in this section or section 3 of this act, the director or his or her authorized representative shall obtain consent from the owner, manager, operator, or his or her on-site person in charge of the worksite when entering any worksite located on private property to carry out his or her duties under this chapter. The director or his or her authorized representative shall enter a worksite at a reasonably recognizable entry point to request the consent described in this section.
     (4) This section does not prohibit the director or his or her authorized representative from making observations of evidence in open view or from taking action consistent with a recognized exception to the warrant requirements of the federal and state Constitutions.
     (5) This section does not require advance notice of an inspection.

NEW SECTION.  Sec. 3   A new section is added to chapter 49.17 RCW to read as follows:
     If the director or his or her authorized representative is denied or reasonably believes that he or she will be denied access to any factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed by an employee of an employer, to which such access was sought for the purposes set forth in this chapter, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the facility. The court may upon such application issue a search warrant for the purpose requested.