Under the Washington Industrial Safety and Health Act (WISHA), an employer must provide a workplace free from recognized hazards. The Department of Labor and Industries (L&I) administers WISHA. The L&I has adopted general health and safety standards, pursuant to WISHA, that apply to most industries, and has safety standards that apply only to specific industries, many of which include requirements regarding the provision of restroom facilities.
Port districts are a type of special purpose district, and there are 75 port districts in Washington. Port districts can include harbors and marine transport, but can also include airports, railroads, and other facilities. Port districts are generally funded by property taxes, services fees, lease fees, and bonds, but they may also receive funding from the federal government and the state.
Marine cargo generally comes in three forms: containerized (cargo transported by container), bulk (cargo transported unpackaged, like grain or oil), and break bulk (cargo, such as a car or barrels, that is loaded individually, rather than in containers or in bulk). Most non-bulk cargo is transported by intermodal container. Such containers can be transferred between different modes of transportation—for example, from ship to rail—without removing the cargo from the container. drayage trucks are generally diesel-fueled, heavy-duty trucks that transport containers and bulk freight between a port and intermodal rail facilities, distribution centers, and other locations near the port.
A terminal operator, which may or may not be the port district, must provide a sufficient number of restrooms for use by drayage truck operators in areas of the terminal that drayage truck operators typically access. These restrooms may include fixed bathrooms with flush toilets or portable chemical toilets. At least one restroom must be a private space that is both suitable for and dedicated to expressing breast milk.
A terminal operator complies with this restroom requirement if the terminal operator:
The Department of Health (DOH) and the L&I are granted jurisdiction to enforce the bill. The DOH is allowed to issue a warning for a first violation of the section and a class 2 civil infraction for subsequent violations. Failure to comply with the bill is a violation of the WISHA.
The DOH and L&I may not take duplicate enforcement actions on violations arising from the same conduct.
(In support) There is quite a wait for drayage truck operators at ports, of up to eight hours in some places, and this includes pregnant women. This bill seeks to solve that problem, but the portion related to retail establishments may not be needed.
No matter what level of trucking you're in, there is a problem in Washington. There are four portable toilets at the cellphone lot at Sea-Tac, but no port has that many for truckers. Ports are the only place where there are thousands of people but no restrooms for them. It's part of the reason there's a shortage of truckers.
It's a shame that this bill is needed, but it should cost taxpayers nothing.
This is a situation that has existed for a long time, and it is a problem in many locations. Time constraints can also make it difficult to stop on the road. This is common sense legislation.
This is a plea from truck drivers who are asking businesses to take care of the people that take care of them. There is currently a crisis with truck driver availability.
This bill represents a reasonable balance between the needs of the ports and the needs of the truckers.
(Other) The L&I has requirements for employer/employee relationships. Where there is a controlling employer, there are also requirements. The L&I has developed language for this bill that fixes the current gap.
Retail establishments already allow drivers to use their restrooms. This bill is unnecessary for restaurants and other retail establishments because of the existing requirements on them.
The terminal operators operate most ports, and are comfortable with this bill, except that it needs to recognize the security requirements that are placed on ports.