H-3440              _______________________________________________

                                                   HOUSE BILL NO. 2407

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Vekich and Prentice

Read first time 1/12/90 and referred to Committee on Commerce & Labor.

AN ACT Relating to workplace safety bonus programs; adding a new section to chapter 51.28 RCW; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 51.28 RCW to read as follows:

          (1) Employers shall submit to the department a description of any safety bonus program implemented by the employer, or implemented under the provisions of a collective bargaining agreement, or any changes made in previously reported safety bonus programs.  The reports shall be made in the manner prescribed by department rules adopted under chapter 34.05 RCW.

          (2) No safety bonus program may include provisions that:

          (a) Make the worker's reward under the program contingent upon the safety performance of another worker or group of workers; or

          (b) Include a monetary reward for any worker that is an amount greater than twenty percent of the worker's base wage.

          (3) For the purposes of this section, "safety bonus program" includes any program that rewards workers for a specified safety performance or for maintaining an accident-free workplace, including but not limited to the award of cash bonuses, favorable working conditions, or other rewards to workers who report no job-related injuries or accidents over a required time period.  However, "safety bonus program" does not include programs limited to establishing scholarship funds for the benefit of workers' dependents as a result of worker safety records.

          (4) An employer who fails to make the report required under subsection (1) of this section shall be subject to a penalty determined by the director but not to exceed five hundred dollars for each offense.

NEW SECTION. Sec. 2.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.