BILL REQ. #:  H-0577.1 

Read first time 01/17/13.   Referred to Committee on Labor & Workforce Development.

     AN ACT Relating to meal and rest breaks for hospital employees; and adding a new section to chapter 49.12 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 49.12 RCW to read as follows:
     (1) An employer shall provide employees with meal and rest periods as required by law, subject to the following:
     (a) Rest periods may be taken at any point during each work period during which the employee is required to receive a rest period; and
     (b) Meal and rest periods must be uninterrupted, and an employer may not require an employee to take intermittent meal or rest periods. This subsection (1)(b) does not apply when there is:
     (i) An unforeseeable emergent circumstance, as defined in RCW 49.28.130; or
     (ii) A clinical circumstance that may lead to patient harm without the specific skill or expertise of the employee taking a meal or rest period.
     (2) The employer shall record when an employee takes or misses a meal or rest period and maintain these records as required by the department.
     (3) For purposes of this section, the following terms have the following meanings:
     (a) "Employee" means a person who:
     (i) Is employed by a health care facility;
     (ii) Is involved in direct patient care activities or clinical services;
     (iii) Receives an hourly wage or is covered by a collective bargaining agreement; and
     (iv) Is a licensed practical nurse or registered nurse licensed under chapter 18.79 RCW, a surgical technologist registered under chapter 18.215 RCW, a diagnostic radiologic technologist or cardiovascular invasive specialist certified under chapter 18.84 RCW, a respiratory care practitioner licensed under chapter 18.89 RCW, or a nursing assistant-certified as defined in RCW 18.88A.020.
     (b) "Employer" means hospitals licensed under chapter 70.41 RCW.