H-1941              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1711

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Cole, R. King, Winsley, Jacobsen, Wood, Wang, Patrick, Anderson, Wineberry, Walker and Todd)

Read first time 3/1/89 and referred to Committee on Appropriations.

AN ACT Relating to establishing a crime prevention employee training program in businesses operating during late night hours; adding a new chapter to Title 49 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1.     The department shall establish standards for the proper training of employees who work at late night retail establishments.  All employees working at a late night retail establishment shall complete an approved course of crime prevention within ninety days after the employee begins working between the hours of eleven o'clock p.m. and six o'clock a.m.

NEW SECTION. Sec. 2.     As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

          (1) "Department" means the department of labor and industries.

          (2) "Late night retail establishment" means any business or commercial establishment making sales to the public between the hours of eleven o'clock p.m. and six o'clock a.m., except restaurants, hotels, taverns, or any lodging facility.

          (3) "Employer" means the operator, lessee, or franchisee of a late night retail establishment.

NEW SECTION. Sec. 3.     (1) The department's division of industrial safety and health shall have the sole authority to certify training programs required by this chapter, including existing industry programs that meet the department's requirements.  The department shall provide late night retail establishments with comprehensive information regarding the requirements for certification of training programs under this chapter.  An approved training program shall be limited to:

          (a) Providing a training manual containing security policies, safety and security procedures, and personal safety and crime avoidance techniques; and

          (b) Attending a training seminar or viewing a training video.

          (2) In addition to an employee training program, all late night retail establishments shall:

          (a) Post a conspicuous sign in the window or door which states that there is a safe on the premises and it is not accessible to the employees on the premises and that the cash register has fifty dollars or less in it;

          (b) So arrange all material posted in the window or door so as to provide a clear and unobstructed view of  the register from the street;

          (c) Have a drop-safe or comparable device on the premises; and

          (d) Operate the outside lights for the parking area during all night hours the late night retail establishment is open, if the late night retail establishment has a parking area for its customers.

NEW SECTION. Sec. 4.     A late night retail establishment that violates this chapter is subject to the following civil penalties:

          (1) A written citation for a first violation;

          (2) A civil penalty of one hundred dollars for a first repeated violation of section 1 or 3(2)(a), or 3(2)(b), or 3(2)(c), or 3(2)(d) of this act;

          (3) A civil penalty of five hundred dollars per violation for two or more repeat violations of section 1 or 3(2)(a), or 3(2)(b), or 3(2)(c), or 3(2)(d) of this act.

NEW SECTION. Sec. 5.     The department shall enforce this chapter.

NEW SECTION. Sec. 6.     It is the sole responsibility of the employer to comply with the provisions of this chapter.

NEW SECTION. Sec. 7.     Sections 1 through 6 of this act shall constitute a new chapter in Title 49 RCW.

NEW SECTION. Sec. 8.     This act shall take effect January 1, 1990.  The director of the department of labor and industries may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.