AN ACT Relating to the employment of minors; amending RCW 49.12.170; adding new sections to chapter 49.12 RCW; adding a new section to chapter 51.24 RCW; creating new sections; prescribing penalties; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the future of the state depends on the well-being of the state's children. The employment of minors requires strict adherence to standards that protect the safety and health of children and ensure that education is given first priority. The purpose of this act is to provide the department of labor and industries with the enforcement resources necessary to assure that minors are employed in accordance with the state's child labor standards.

NEW SECTION. Sec. 2. (1)(a) Except as otherwise provided in subsection (2) of this section, if the director, or the director's designee, finds after an inspection under RCW 49.12.041 that an employer has violated any of the requirements of RCW 49.12.121 or 49.12.123, or any rule or order adopted under RCW 49.12.121 or 49.12.123, a citation shall immediately be issued to the employer, recording the 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 state a specific time for abatement of the violation. The citation 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.

(b) If, after the date stated in the citation issued under this subsection for abatement of the violation, the employer has not corrected the violation, he or she shall be assessed a civil penalty of not more than one thousand dollars. The employer shall pay the amount assessed within thirty days of receipt of the assessment.

(2) If the director, or the director's designee, finds that an employer has repeatedly violated, or has committed a serious violation of, the requirements of RCW 49.12.121 or 49.12.123, or any rule or order adopted under RCW 49.12.121 or 49.12.123, the employer is subject to a civil penalty of not more than five thousand dollars for each day the violation continues. 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.

(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or director's designee, believes that an employer has violated RCW 49.12.121 or 49.12.123, or any rule or order adopted under RCW 49.12.121 or 49.12.123, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace. Any order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove the danger and to prohibit the employment or presence of any minor in locations or under conditions where the danger exists.

(4) Penalties assessed under this section shall be paid to the director and deposited into the public safety and education account created under RCW 43.08.250 for appropriation for crime victims' compensation.

NEW SECTION. Sec. 3. Any person, firm, or corporation aggrieved by an action taken or decision made by the department under section 2 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.

NEW SECTION. Sec. 4. An employer who knowingly or recklessly violates the requirements of RCW 49.12.121 or 49.12.123, or any rule or order adopted under RCW 49.12.121 or 49.12.123, is guilty of a gross misdemeanor. If an employer is convicted for a second or repeated offense, the employer is guilty of a class C felony.

NEW SECTION. Sec. 5. A new section is added to chapter 51.24 RCW to read as follows:

If compensation or benefits is paid or payable under this title to a minor employee covered under chapter 49.12 RCW, and the employment of the minor is in violation of RCW 49.12.121 or 49.12.123, or any rule or order adopted under RCW 49.12.121 or 49.12.123, the minor employee shall have a cause of action against the employer for damages in excess of the compensation and benefits paid or payable under this title. Nothing in this section shall be construed to limit or restrict in any manner the right of an employee to pursue a cause of action for injuries or illnesses not compensable within the basic coverage of this title.

Sec. 6. 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:

Except as otherwise provided in section 4 of this act, 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, 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.

NEW SECTION. Sec. 7. No later than December 1, 1990, and annually thereafter, the department shall report to the committee on commerce and labor of the house of representatives and the committee on economic development and labor of the senate on activities undertaken to enforce the state's child labor laws. The report shall include the number and kinds of labor law violations, the amount of civil penalties and criminal sanctions levied on employers, the number and kinds of injuries reported for employed minors, and any other information deemed appropriate by the department.

NEW SECTION. Sec. 8. The department may develop and implement an employer information program designed to assist employers to comply with standards for the employment of minors. The program may include conducting employer and community workshops or seminars and producing educational materials. The department shall establish reasonable charges for the workshops and seminars and the educational materials, not to exceed the actual costs of developing and conducting the programs and producing the materials.

NEW SECTION. Sec. 9. Sections 2 through 4, 7, and 8 of this act are each added to chapter 49.12 RCW.

NEW SECTION. Sec. 10. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of labor and industries for the biennium ending June 30, 1991, for the investigation of violations of and enforcement of RCW 49.12.121 and 49.12.123, and for carrying out the purposes of sections 2 and 3 of this act.

NEW SECTION. Sec. 11. Section 5 of this act shall apply only to causes of action that arise on or after the effective date of section 5 of this act.

NEW SECTION. Sec. 12. 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.

NEW SECTION. Sec. 13. 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.