H-2374              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 473

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Lux, Cole, Jacobsen, R. King, Todd and Allen)

Read first time 3/6/87 and passed to Committee on Rules.

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 hours of employment are more hazardous than others.  These hazardous 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 requirements for work during hazardous hours to ensure so far as possible safe working conditions for all 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 whose franchisor requires the franchisee to remain open at any time between the hours of 11:00 p.m. of one day and 6:00 a.m. the following day is required to provide one of the following at the workplace during those hours:

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

          (2) Equip the workplace with (a) surveillance equipment; or (b) alarm equipment that signals the police or sheriff of the jurisdiction within which the workplace is located;

          (3) Have security personnel who patrol the workplace on a regular basis, no less than once every one-half hour; or

          (4) Demonstrate that the police or sheriff's department of the jurisdiction within which the premises is located patrol the premises on a regular basis, no less than once every one-half hour.

          Franchisors who require franchisees to remain open at any time between the hours of 11:00 p.m. of one day and 6:00 a.m. the following day shall be liable for any costs associated with the franchisee's compliance with this section.  Franchisors who do not require the franchisee to remain open during these hours shall not be liable for any compliance costs incurred by the franchisee.

NEW SECTION. Sec. 3.     This chapter shall be implemented and enforced pursuant to the provisions of 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.     Each franchisee shall make, keep, preserve and make available to the director of the department 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. 5.     Sections 1 through 4 of this act shall constitute a new chapter in Title 49 RCW.