BILL REQ. #:  S-3810.1 

Read first time 01/17/12.   Referred to Committee on Labor, Commerce & Consumer Protection.

     AN ACT Relating to meals and rest breaks for certain health care workers; adding new sections to chapter 49.12 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature intends to assure that health care workers in Washington state hospitals are able to take uninterrupted meal and rest breaks to minimize fatigue and its effects on patient safety and quality of care. The legislature further intends to set a statewide standard of uninterrupted breaks and to define circumstances in which breaks may be interrupted by unusual events and consistent with the professional judgment of the nurses. The legislature recognizes a mutual and shared commitment to uninterrupted breaks: Hospitals are responsible for creating a work environment in which health care workers are able and encouraged to take uninterrupted breaks.

NEW SECTION.  Sec. 2   A new section is added to chapter 49.12 RCW to read as follows:
     (1) Employees must be allowed an uninterrupted meal period of at least thirty minutes that commences no less than two hours, nor more than five hours, from the beginning of the shift. Meal periods must be on the employer's time when the employee is required by the employer to remain on duty on the premises or at a prescribed work site in the interest of the employer to be immediately available to perform work duties. An employee is not required to work more than five consecutive hours without a meal period.
     (2) Employees must be allowed an uninterrupted rest period, on the employer's time for each four hours of working time, during which the employee is relieved from work duties. The rest period must not be less than ten minutes, but may be longer if provided for in a collective bargaining agreement or other employer policy in the absence of a collective bargaining agreement. Rest periods may be taken at any point during each four hour work period.
     (3) The definitions in RCW 49.28.130 apply to this section except for the definition of "employee." For the purposes of this section, "employee" means a person who is involved in direct patient care activities or clinical services working for and on the premises of an acute care inpatient hospital, receives an hourly wage, or is covered by a collective bargaining agreement, and is a:
     (a) Licensed practical nurse or a registered nurse licensed under chapter 18.79 RCW;
     (b) Surgical technologist registered under chapter 18.215 RCW when involved in direct patient care;
     (c) Diagnostic radiologic technologist certified under chapter 18.84 RCW when involved in direct patient care;
     (d) Respiratory technician licensed under chapter 18.89 RCW when involved in direct patient care;
     (e) Certified nursing assistant as defined under RCW 18.88A.020 when involved in direct patient care; or
     (f) Cardiovascular invasive specialist as defined in chapter 18.84 RCW when involved in direct patient care.

NEW SECTION.  Sec. 3   A new section is added to chapter 49.12 RCW to read as follows:
     (1) Except as set forth in subsection (2) of this section, employee meal and rest breaks required under section 2 of this act must be uninterrupted.
     (2) Paid meal and rest periods may be interrupted or delayed when:
     (a) A national, state, or municipal government declares an emergency;
     (b) The hospital activates its disaster plan;
     (c) The hospital determines that an unforeseen disaster, catastrophic event, or other nonroutine extraordinary circumstance, either internal or external to the hospital, will substantially affect or increase the need for health care or substantially reduce the hospital's capacity to provide health care. This does not include chronic staffing shortages; or
     (d) The employee on, or scheduled for, break determines a clinical circumstance could lead to patient harm without the skill, expertise, or knowledge of the employee on, or scheduled for, a break.

NEW SECTION.  Sec. 4   A new section is added to chapter 49.12 RCW to read as follows:
     (1) Each hospital licensed under chapter 70.41 RCW or defined under RCW 72.23.010 must have and maintain one or more specific mechanisms under which employees are able to, and do take, meal and rest breaks. The mechanism must be implemented or maintained based on information from employees providing direct patient care on each unit and shift, management, and other relevant sources.
     (2) The mechanism must include training during orientation for new and training of current managers, human resource staff, and nurses on each unit concerning the importance of taking breaks, the importance of and system for keeping records of breaks, and nonretaliation policies.
     (3) Each hospital must collect, at a minimum, data on meal and rest breaks not taken by employees.

NEW SECTION.  Sec. 5   A new section is added to chapter 49.12 RCW to read as follows:
     A hospital may not retaliate against or engage in any form of intimidation of any employee who reports a missed break or concerns regarding the hospital's practices regarding breaks. The hospital must promptly investigate any accusation of retaliation and take appropriate corrective action.

NEW SECTION.  Sec. 6   A new section is added to chapter 49.12 RCW to read as follows:
     When a hospital is found to be out of compliance with the requirements of sections 2 through 6 of this act, the department shall at a minimum require the hospital to submit a corrective plan of action. In the event that a hospital submits but fails to follow the corrective plan of action, the department may impose a penalty of one hour of pay for each missed break from the employer to the affected employee.