HOUSE BILL REPORT

HB 2275

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

The Department of Labor and Industries (Department) issues licenses to electrical contractors and certificates of competency to electricians and otherwise administers the regulation of electricians and electrical work. Permits and inspections are required for certain electrical work. Cities may conduct the inspections if they have equal or higher standards than the state.

Protection for whistleblowers is available in certain circumstances. For example, it is an unfair practice under the Washington Law Against Discrimination (WLAD) for an employer to discriminate against a person because he or she filed a charge under the WLAD. The Human Rights Commission investigates complaints and may order remedies, which include reinstatement and back pay. Whistleblowers employed by an elevator contractor have the remedies provided under the WLAD.

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Summary of Bill:

A whistleblower in the electrical industry who is subject to workplace reprisal or retaliatory action as a result of being a whistleblower has a right to the protections, procedures, and remedies provided under the WLAD.

A whistleblower is an employee who, in good faith, reports or opposes practices that may violate the electrical laws or rules or the employer's policies on safety, installation, repair, or maintenance. An employee who is believed to have reported such practices or who assists in the reporting of practices, or provides testimony or information in connection with the reporting of practices, is also a whistleblower. Workplace reprisal or retaliatory action includes discharge or discrimination: (1) against an employee who reported or filed any complaint; or (2) against an employee who instituted any proceeding under or related to the electrical laws, or has testified or is about to testify in a proceeding; or (3) because the employee has exercised on behalf of himself or herself or others any right or responsibility under the electrical laws.

The identity of a whistleblower who in good faith reports practices that may violate the electrical laws or rules to the Department or a city that regulates electrical installation must remain confidential. A whistleblower who communicates to an appropriate governmental agency in good faith is immune from civil liability based upon the communication to the agency.

Staff Summary of Public Testimony:

(In support) This bill will make sure workers are safe. Electricians should not have to worry about risking their jobs or their lives for talking about things that are unsafe. They should be protected from being harassed or disciplined. Electricians are often pushed to cut corners. They are at-will employees who should not have to risk their jobs. A trainee lost her job because she refused to do a task she knew she could not do.

These are basic whistleblower protections modeled after the elevator bill, which has improved public safety. This is a high stakes industry. Electricians are killed on the job every year. Electrical work is also a leading cause of fires. A homeowner was told faulty wiring put her house at risk for burning down.

(Opposed) A huge risk of retaliation claims is created by this bill. The bill is very broad. It applies to an employee who believes that his or her employer believes the employee has complained or helped file a complaint. There is no penalty if an employee makes an unwarranted claim. Small businesses will have to "lawyer up" if a complaint is filed. Even if they win, they are still out the $10,000 or more in legal costs. The bill is unfair as a phone call could put a firm out of business.

The fiscal note indicates it will cost $460,000 to implement.

It's not clear why the electrical industry is being singled out. The industry is not aware of any widespread concern and is dumbfounded that the bill is being discussed. Electricians are free to talk to their employers.

Persons Testifying: (In support) Representative Van De Wege, prime sponsor; Bob Guenther, International Brotherhood of Electrical Workers; Nicole Grant, Certified Electrical Workers of Washington; Conor Bronsdon, Washington State Labor Council; and Chelsea Nelson.

(Opposed) Larry Stevens, National Electrical Contractors Association; Gary Smith, Independent Business Association; and Michael Curley, Washington State Electrical Contractors Association.