WSR 02-16-087

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 7, 2002, 9:37 a.m. , effective October 1, 2002 ]

Date of Adoption: August 7, 2002.

Purpose: Chapter 296-832 WAC, Late night retail worker crime prevention, changes to chapter 296-24 WAC, General safety and health standards for late night retail workers crime protection. The late night retail workers rule was rewritten and reorganized for clarity and ease of use for employers and employees. We are repealing the late night retail workers rule from chapter 296-24 WAC and adopting it as a new chapter 296-832 WAC. No requirements have been added.

Citation of Existing Rules Affected by this Order: Repealing WAC 296-24-102 Scope and application and 296-24-10203 General requirements.

Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, [49.17].050, and [49.17].060.

Adopted under notice filed as WSR 02-08-080 on April 3, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 6, Amended 0, Repealed 2.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 6, Amended 0, Repealed 2.
Effective Date of Rule: October 1, 2002.

August 7, 2002

Gary Moore

Director

OTS-5532.3

Chapter 296-832 WAC

LATE NIGHT RETAIL WORKER CRIME PREVENTION


NEW SECTION
WAC 296-832-100   Scope.   This rule applies to all retail businesses operating between the hours of 11:00 p.m. and 6:00 a.m.

Exemption: This chapter does not apply to restaurants, hotels, taverns, and lodging facilities.

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NEW SECTION
WAC 296-832-200   Training.  

SUMMARY

Your responsibility:

To make sure all employees receive crime prevention training as part of your accident prevention program.

You must:

Provide crime prevention training to your employees

WAC 296-832-20005

Provide crime prevention retraining to your employees annually

WAC 296-832-20010.

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NEW SECTION
WAC 296-832-20005   Provide crime prevention training to your employees.  

Note: These training requirements apply only to employees working any time during the hours of 11:00 p.m. to 6:00 a.m. This training must be conducted prior to the employee working this time period.
You must:

Provide crime prevention training as part of your accident prevention program.

Make sure you have instructed your employees on the purpose and function of robbery and violence prevention to provide them with the knowledge and skills required to maintain their personal safety.

Provide training and training materials that outline your company's:

Security policies

Safety and security procedures

Personal safety and crime prevention techniques.

Provide formal instruction about crime prevention through a training seminar or training video presentation that includes these topics:

How keeping the store clean, neat and uncluttered discourages potential robbers

Why the cash register should be kept in plain view from outside the store, if your store layout allows

Reasons for operating your business with only a minimum number of cash registers at night

Reasons for keeping cash register funds to a minimum

How to take extra precautions after dark such as ways to keep alert, making sure appropriate lights are on, inspecting dark corners, and identifying possible hiding places for robbers

Violence prevention procedures in case of a robbery.

Have employees sign a statement indicating the date, time, and place they received their crime prevention training.

Keep a record of this information readily available for review when requested by the department of labor and industries.

Note: Employers may keep electronic records of employee training and verification.
Have a videotape or other materials about crime prevention available to all employees at their request.

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NEW SECTION
WAC 296-832-20010   Provide crime prevention retraining to your employees annually.  

You must:

Provide a refresher course in crime prevention training annually.

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NEW SECTION
WAC 296-832-300   Store safety.  

SUMMARY

Your responsibility:

To take certain safety measures to discourage crime in your store.

You must:

Have a safe in your store

WAC 296-832-30005

Post a notice about your store's safe and cash register

WAC 296-832-30010

Provide outside lighting

WAC 296-832-30015.

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NEW SECTION
WAC 296-832-30005   Have a safe in your store.  

You must:

Have a drop-safe, limited access safe, or comparable device in your store.

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NEW SECTION
WAC 296-832-30010   Post a notice about your store's safe and cash register.  

You must:

Post a notice in an obvious place on a window or door stating:

There is a safe in the store

Employees have no access to the safe

The cash register contains only enough cash to do business.

Notes: You will not be cited by WISHA for having money in the cash register over the minimal amount needed to do business.
All displays and other materials posted in the window(s) or door(s) should be arranged to provide an unobstructed view of the cash register if it is visible from the street.

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NEW SECTION
WAC 296-832-30015   Provide outside lighting.  

You must:

Light the store's approach area and parking lot during all night hours your business is open.

Note: You can do this by:
Providing surveillance lighting to observe pedestrian and vehicle entrances
Providing lighting of a minimum of one foot candle to comply with ANSI/IES RP7-1983. Lighting levels can be measured with a light meter; for comparison purposes 1 foot-candle = 1 lumen incident per square foot = 10.76 lux.

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OTS-5542.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 296-24-102 Scope and application.
WAC 296-24-10203 General requirements.

Washington State Code Reviser's Office