AN ACT Relating to the imposition of civil penalties for violation of the industrial welfare statutes; amending RCW 49.12.170; adding new sections to chapter 49.12 RCW; repealing RCW 49.12.161; and prescribing penalties.

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

NEW SECTION. Sec. 1. (1) If, after an inspection under RCW 49.12.041, the director, or the director's authorized representative, finds that an employer has violated any rule or order adopted under this chapter, 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 given to the highest management official available at the workplace or be mailed to the employer. 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.

(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 more than five hundred dollars. Any employer who receives a citation under this section shall pay the amount noted on the citation within thirty days of receipt.

(3) Any employer who repeatedly violates the requirements of this chapter, of any existing rule adopted under this chapter, or of any order granting a variance under this chapter, may be assessed a civil penalty of not more than one thousand dollars for each day the violation continues.

(4) Any employer who violates any of the posting requirements of this chapter or of rules adopted under this chapter shall be assessed a civil penalty of not more than one hundred dollars for each violation.

(5) Any person who gives advance notice of any inspection to be conducted under this chapter without the authority of the director shall be assessed a civil penalty of not more than one thousand dollars.

(6) Penalties assessed under this section shall be paid to the director and deposited into the general fund.

(7) This section shall not apply to violations of RCW 49.12.270 through 49.12.295.

NEW SECTION. Sec. 2. Any person, firm, or corporation aggrieved by any action taken or decision made by the department under section 1 of this act may appeal the action or decision to the director by filing notice of the appeal with the director within thirty days of the department's action or decision. Upon receipt of an appeal, a hearing shall be held in accordance with chapter 34.05 RCW. The director shall issue all final orders after the hearing. The final orders are subject to appeal in accordance with chapter 34.05 RCW. Orders not appealed within the time period specified in chapter 34.05 RCW are final and binding.

Sec. 3. 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) Unless a civil penalty has been assessed under section 1 of this act for the specific violation, 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.

(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.

(3) This section shall not apply to violations of RCW 49.12.270 through 49.12.295.

(4) The department shall seek the penalties authorized in this section only for serious or repeated violations by an employer. For the purposes of this subsection, a serious violation shall be deemed to exist if death or serious physical or emotional harm has resulted or could result from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

NEW SECTION. Sec. 4. Sections 1 and 2 of this act are each added to chapter 49.12 RCW.

NEW SECTION. Sec. 5. Section 9, chapter 16, Laws of 1973 2nd ex. sess. and RCW 49.12.161 are each repealed.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.