Z-743                 _______________________________________________

                                                   HOUSE BILL NO. 1261

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Cole, Leonard and Sayan; by request of Director of Labor and Industries

Read first time 1/18/89 and referred to Committee on Commerce & Labor.

AN ACT Relating to industrial welfare; amending RCW 49.12.170; adding new sections to chapter 49.12 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     If upon inspection the director, or the director's authorized representative, finds that an employer has violated any rule or order promulgated under chapter 49.12 RCW, a citation shall immediately be issued to the employer, recording the  observed violations.  The citation shall be in writing, describing the nature of the violation including reference to the standards, rules, or orders alleged to have been violated, and shall fix a specific time for abatement of the violation.  The citation, notice, and proposed penalty assessment shall be sent to the employer and will be given to the highest available management official at the workplace.  Citations issued under this section shall be posted at or near the place where the violation occurred, and shall contain an abatement date by which the employer must correct the violation.

NEW SECTION. Sec. 2.     The director shall give the employer every opportunity to resolve the citation at the earliest time.  If upon the second inspection the employer has not corrected the violation, he or she shall be assessed a civil penalty of not to exceed five hundred dollars.  Any employer who receives a citation for a violation under chapter 49.12 RCW shall pay the amount noted on the citation within thirty days of receipt.

NEW SECTION. Sec. 3.     Any employer who repeatedly violates the requirements of the industrial welfare laws of Washington state promulgated under the authority of this chapter, of any existing rule or regulation governing the conditions of employment promulgated by the department, or of any order issued granting a variance under chapter 49.12 RCW, may be assessed a civil penalty of not more than one thousand dollars for each day the violation continues.

NEW SECTION. Sec. 4.     Any employer who violates any of the posting requirements of this chapter, or any of the posting requirements and rules promulgated by the department under this chapter, shall be assessed a penalty of not to exceed one hundred dollars for each violation.

NEW SECTION. Sec. 5.     Any person who gives advanced notice of any inspection to be conducted under the industrial welfare laws of Washington state without the authority of the director shall be assessed a civil penalty of not more than one thousand dollars.

NEW SECTION. Sec. 6.     Any person, firm, or corporation feeling aggrieved of any action taken or decision made by an officer of employee of the department in the enforcement of the industrial welfare act may appeal such action or decision to the director by filing notice of such appeal with the director within thirty days of such action or decision.

          Upon receipt of appeals, hearings shall be held in accordance with chapter 34.05 RCW.  The director will issue all final orders after the hearings.  The final orders are subject to appeal in accordance with chapter 34.05 RCW.  Orders not appealed within the specified time period are final and binding.

NEW SECTION. Sec. 7.     Penalties shall be paid to the director and deposited into the general fund.

        Sec. 8.  Section 17, chapter 174, Laws of 1913 as amended by section 16, chapter 16, Laws of 1973 2nd ex. sess. and RCW 49.12.170 are each amended to read as follows:

(1) Any employer employing any person for whom a minimum wage or standards, conditions, and hours of labor have been specified, at less than said minimum wage, or under standards, or conditions of labor or at hours of labor prohibited by the rules and regulations of the committee; or violating any other of the provisions of this ((1973 amendatory act)) chapter, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars unless a different penalty is specified.

(2) If conviction occurs for a second or repeated offense, punishment shall be a fine of not more than five thousand dollars or imprisonment for up to six months, or both.

NEW SECTION. Sec. 9.     Sections 1 through 7 of this act are each added to chapter 49.12 RCW.