HOUSE BILL REPORT

HB 375

BYRepresentatives Niemi, Wang, Vekich, Sayan, Leonard, Belcher, Crane, Allen, Nelson, Jacobsen, Hine, Unsoeld, Todd, Cole, Fisch, Lux, Fisher, R. King, Rust, Brekke and O'Brien

Authorizing the department of labor and industries to adopt rules governing conditions of work for video terminal operators.

House Committe on Commerce & Labor

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (7)

     Signed by Representatives Wang, Chair; Cole, Vice Chair;  Fisch, Fisher, R. King, O'Brien and Sayan.

Minority Report:     Do not pass.  (4)

     Signed by Representatives Patrick, Sanders, C. Smith and Walker.

House Staff:Chris Cordes (786-7117)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:     The second substitute bill be substituted therefor and the second substitute bill do pass.  (14)

     Signed by Representatives Locke, Chair; Allen, Belcher, Braddock, Brekke, Ebersole, Grant, Grimm, Hine, McMullen, Niemi, Sayan, H. Sommers and Sprenkle.

Minority Report:     Do not pass.  (7)

     Signed by Representatives Fuhrman, Holland, Nealey, Peery, Silver, L. Smith and B. Williams.

House Staff:    Sandi Gray (786-7154)

AS REPORTED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS

MARCH 5, 1987

BACKGROUND:

The increasing use of video display terminals (VDT's) in the workplace has raised concerns about the health and safety of terminal operators.  The Department of Labor and Industries has issued voluntary guidelines for VDT employees and employers, but mandatory requirements have not been adopted.

SUMMARY:

SECOND SUBSTITUTE BILL:  "Terminal operator" is defined as an employee who normally operates a video display terminal (VDT) for four or more hours per day.

All employers of terminal operators are required to provide workplace conditions and training consistent with rules adopted by the Department of Labor and Industries.  Programs must include: information about precautions that may be taken to minimize hazards; training in the proper and safe use of the equipment; provisions for the vision health and safety of terminal operators, including both a comprehensive vision test prior to starting work on a terminal and follow-up testing.

Department rules must include prescribed standards for terminal readability factors; ergonomic qualities; environmental lighting and noise; and job design.  Rules must address rest breaks for operators engaged in continuous terminal work for more than sixty minutes duration.

An employer must provide a transfer to a nonterminal job when work is available if an operator requests a temporary transfer based on a health concern substantiated by a health care provider.

Any violation of the act or rules will be subject to penalty under the Washington Industrial Health and Safety Act (WISHA).  Each day of continuing violation constitutes a separate violation.

The department is required to report to the legislature by January 1, 1988, on recommended safety precautions and regulations developed under the act.

If any provision of the act is held invalid, the remainder of the act is not affected.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Specific requirements of five minute rest breaks for each sixty minutes of VDT operation are deleted.  The option that employers provide a reason for denying a transfer to another job is deleted.  WISHA provisions are made applicable for enforcement purposes.  An appropriation clause is added.  Other technical changes are made.

SECOND SUBSTITUTE BILL COMPARED TO FIRST SUBSTITUTE:  The appropriation of $200,000 is removed.

CHANGES PROPOSED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS:  Second substitute bill proposed.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     (Commerce & Labor)  Representative Janice Niemi, prime sponsor; Diana Fowler, 9 to 5; Teresa Salgato; Larry Kenney, Washington State Labor Council; Wally Johnson, City of Seattle, Susan Johnson, Service Employees International Union; and Brad Prezant.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testified Against: (Commerce & Labor)  Walt Rostykus, Hewlitt-Packard and American Electronics Association; Carl Jernquist, University Travel; Gary Smith, Independent Business Association; and Paul Conrad, Allied Daily Newspapers.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:     (Commerce & Labor)  Voluntary methods of providing safe working conditions for VDT operators have not been successful.  Mandatory requirements are needed to ensure that VDT operators are adequately protected from health hazards.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony Against: (Commerce & Labor)  Flexibility in workplace policy is the key to a safe environment for VDT operators.  Mandatory rules will not allow employers and employees the latitude needed to develop policies appropriate for each workplace.

(Ways & Means/Appropriations)  None Presented.