H-4063              _______________________________________________

                                                   HOUSE BILL NO. 1717

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Cole, R. King, Fisher, Winsley, Leonard, Anderson, Ebersole, Dellwo, Miller, Allen, Wang, Sayan, Nelson, Vekich, Lux and Unsoeld

Read first time 1/22/88 and referred to Committee on Commerce & Labor.

AN ACT Relating to workplace safety; adding a new chapter to Title 49 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     The legislature finds that certain work conditions, especially evening hours of work, expose employees to substantial danger of injury and may result in an economic burden for both employers and employees because of lost work time, wage loss, medical expenses, and payment of industrial insurance benefits.  Therefore, the purpose of this chapter is to establish security requirements to ensure so far as possible safe working conditions for employees.

NEW SECTION. Sec. 2.     Any franchisee whose industry is defined by the United States office of management and budget in the 1972 standard industrial classification code manual as number 5411 or 5541, and who remains open for twenty-four hours per day is required to provide the following at the workplace:

          (1) Have more than one employee on duty at the workplace;

          (2) Equip the workplace with sound alarm equipment that signals the police or sheriff of the jurisdiction within which the workplace is located that a robbery is taking place; and

          (3) Provide training for employees in robbery and violence prevention and procedures in case of robbery or other violence.

          Franchisors who require franchisees to remain open twenty-four hours per day shall be liable for any costs associated with the franchisee's compliance with this section.

NEW SECTION. Sec. 3.     This chapter shall be implemented and enforced by the department of labor and industries pursuant to the Washington industrial safety and health act, chapter 49.17 RCW.  Any violation of this chapter or of any rule adopted under this chapter shall subject the employer to assessment of a civil penalty under chapter 49.17 RCW.  For purposes of this section, each day of a continuing violation constitutes a separate violation.

NEW SECTION. Sec. 4.     An employer who refuses or fails to provide the employee training required under section 2 of this act shall be liable to the employee who is not trained for a civil penalty of one hundred dollars and for costs and such reasonable attorneys' fees as may be allowed by the court.

NEW SECTION. Sec. 5.     Each franchisee shall make, keep, preserve, and make available to the director of labor and industries such records regarding the franchisee's activities relating to this chapter as the director may prescribe by rule as necessary or appropriate for the enforcement of this chapter.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter in Title 49 RCW.