2319-S2.E AMS MCDO S5298.2
E2SHB 2319 - S AMD S AMD (S-5375.4/94)
By Senators McDonald, Owen, McCaslin, Snyder, Hargrove, Bauer, Haugen, Loveland, Vognild, Ludwig and L. Smith
On page 144, after line 26 of the amendment, insert the following:
"PART VI. EMPLOYMENT
NEW SECTION. Sec. 601. The legislature finds that a lack of adequate economic opportunity is a significant factor in placing youth at risk. Teenage unemployment, especially among some sectors of the youth population, is at intolerable levels. This denies teenagers the chance to learn responsibility, enhance their self-esteem, and acquire skills that will enable them to be functional, contributing members of society. Therefore, to further the intent of this act to reduce the number of at-risk youth, and provide teenagers a constructive alternative under safe and reasonable conditions to the destructive activities in which they might otherwise be engaged, the legislature enacts sections 602 and 603 of this act. Sections 602 and 603 of this act shall be liberally construed to foster increased employment opportunities for our youth.
NEW SECTION. Sec. 602. A new section is added to chapter 49.12 RCW to read as follows:
(1)(a) During the school year minors under the age of sixteen may be employed up to three hours per day on any school day preceding another school day, up to eight hours per day on any other day, and up to eighteen hours per week.
(b) During school vacation periods, minors under the age of sixteen may be employed up to eight hours per day, and up to forty hours per week.
(c) Minors under the age of sixteen may be employed during nonschool hours between 7:00 a.m. and 7:00 p.m. on any day preceding a school day, and during nonschool hours between 7:00 a.m. and 9:00 p.m. on any other day.
(2)(a) During the school year sixteen and seventeen-year-old minors may be employed up to eight hours per day, and up to thirty hours per week.
(b) During school vacation periods, sixteen and seventeen-year-old minors may be employed up to ten hours per day, and up to fifty hours per week.
(c) Minors age sixteen and seventeen may be employed during nonschool hours between 7:00 a.m. and 10:00 p.m. on any day preceding a school day, and during any nonschool hours on any other day.
(3)(a) Minors employed past 8:00 p.m. in service occupations shall be supervised by a responsible adult employee who is on the premises at all times.
(b) No minor may be employed more than five hours without a meal period of at least thirty minutes.
(c) Every minor employee shall be given a rest period of at least ten minutes in every four-hour period of employment.
(4) A minor may be employed only as provided in subsection (1) or (2) of this section unless the minor's parent or guardian, or other person having legal custody of the minor, and the minor's school have agreed that other hours of employment would be beneficial for the minor. In such case, the parent, guardian, or other person and the school shall provide the department and the employer with a copy of the written agreement describing the hours that the minor is allowed to be employed. The minor may not be employed for any hours in excess of those provided in the agreement.
(5) Subsection (1) or (2) of this section shall not apply to any minor emancipated by court order or to sixteen and seventeen-year-old minors who have been issued a certificate of educational competence under RCW 28A.305.190, are enrolled in a bona fide college program, are named on a valid certificate of marriage, or are shown as the parent on a valid certificate of birth.
(6) The department may adopt rules necessary to implement this section.
NEW SECTION. Sec. 603. A new section is added to chapter 49.12 RCW to read as follows:
(1) A minor under age sixteen may be employed in any occupation or doing any type of work other than that which is prohibited by rule of the industrial safety and health division of the department of labor and industries. In making this determination, the division shall: (a) Prohibit only types of work and occupations which evidence indicates present an unreasonable threat to the health or safety of minors under age sixteen relative to the skills acquired; and (b) have reasonable justification for differing from the occupation standards for fourteen and fifteen year olds of the child labor provisions of the fair labor standards act (29 C.F.R. Part 570, Subpart C).
(2) A minor age sixteen or seventeen may be employed in any occupation or doing any type of work other than that which is prohibited by rule of the industrial safety and health division of the department of labor and industries. In making this determination, the division shall: (a) Prohibit only types of work and occupations which evidence indicates present an unreasonable threat to the health or safety of minors age sixteen or seventeen relative to the skills acquired; and (b) have reasonable justification for differing from the hazardous occupations orders in nonagricultural occupations of the child labor provisions of the fair labor standards act (29 C.F.R. Part 570, Subpart E). It is the intent of the legislature that the occupations and types of work in which minors age sixteen and seventeen may be employed be less restrictive than for minors under age sixteen.
Sec. 604. RCW 49.12.390 and 1991 c 303 s 3 are each amended to read as follows:
(1)(a) Except as
otherwise provided in subsection (2) of this section, if the director, or the
director's designee, finds that an employer has violated any of the
requirements of ((RCW 49.12.121 or 49.12.123, or a rule or order adopted or
variance granted under RCW 49.12.121 or 49.12.123)) section 602 or 603
of this act, or a rule adopted under section 602 or 603 of this act, a
citation stating the violations shall be issued to the employer. The citation
shall be in writing, describing the nature of the violation including reference
to the ((standards, rules, or orders)) statute or rule alleged to
have been violated. An initial citation for failure to comply with ((RCW
49.12.123 or rules requiring a minor work permit and)) any rule
requiring maintenance of records shall state a specific and reasonable time
for abatement of the violation to allow the employer to correct the violation
without penalty. The director or the director's designee may establish a
specific time for abatement of other nonserious violations in lieu of a penalty
for first time violations. The citation and a proposed penalty assessment shall
be given to the highest management official available at the workplace or be
mailed to the employer at the workplace. In addition, the department shall
mail a copy of the citation and proposed penalty assessment to the central
personnel office of the employer. Citations issued under this section shall be
posted at or near the place where the violation occurred.
(b) Except when an employer corrects a violation as provided in (a) of this subsection, he or she shall be assessed a civil penalty of not more than one thousand dollars depending on the size of the business and the gravity of the violation. The employer shall pay the amount assessed within thirty days of receipt of the assessment or notify the director of his or her intent to appeal the citation or the assessment penalty as provided in RCW 49.12.400.
(2) If the director, or
the director's designee, finds that an employer has committed a serious or
repeated violation of the requirements of ((RCW 49.12.121 or 49.12.123, or
any rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123))
section 602 or 603 of this act, or any rule adopted under section 602 or 603
of this act, the employer is subject to a civil penalty of not more than
one 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 harm has resulted or is imminent 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 a rule or order adopted or variance granted under
RCW 49.12.121 or 49.12.123)) section 602 or 603 of this act, or any rule
adopted under section 602 or 603 of this act, 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. An
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 a minor in locations or under conditions where the
danger exists.
(4) An employer who
violates any ((of the)) posting requirements of ((RCW 49.12.121 or))
rules adopted implementing ((RCW 49.12.121)) section 602 of this act
shall be assessed a civil penalty of not more than one hundred dollars for each
violation.
(5) A person who gives advance notice, without the authority of the director, of an inspection to be conducted under this chapter 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.
Sec. 605. RCW 49.12.410 and 1991 c 303 s 5 are each amended to read as follows:
An employer who
knowingly or recklessly violates ((the requirements of RCW 49.12.121 or
49.12.123)) section 602 or 603 of this act, or a rule ((or order))
adopted under ((RCW 49.12.121 or 49.12.123)) section 602 or 603 of
this act, is guilty of a gross misdemeanor. An employer whose practices in
violation of ((the requirements of RCW 49.12.121 or 49.12.123)) section
602 or 603 of this act, or a rule ((or order)) adopted under ((RCW
49.12.121 or 49.12.123)) section 602 or 603 of this act, result in
the death or permanent disability of a minor employee is guilty of a class C
felony.
Sec. 606. RCW 49.12.420 and 1991 c 303 s 7 are each amended to read as follows:
The penalties
established in RCW 49.12.390 and 49.12.410 for violations of ((RCW 49.12.121
and 49.12.123)) section 602 or 603 of this act or a rule adopted under
section 602 or 603 of this act are exclusive remedies.
NEW SECTION. Sec. 607. The following acts or parts of acts are each repealed:
(1) RCW 49.12.105 and 1973 2nd ex.s. c 16 s 8;
(2) RCW 49.12.121 and 1993 c 294 s 9, 1989 c 1 s 3, & 1973 2nd ex.s. c 16 s 15; and
(3) RCW 49.12.123 and 1991 c 303 s 8, 1983 c 3 s 156, & 1973 c 51 s 3."
Renumber the remaining parts and sections consecutively and correct the table of contents and any internal references accordingly.
E2SHB 2319 - S AMD TO S AMD (S-5375.4/94)
By Senators McDonald, Owen, McCaslin, Snyder, Hargrove, Bauer, Haugen, Loveland, Vognild, Ludwig and L. Smith
On page 159, line 30 of the title amendment, after "13.50.010," insert "49.12.390, 49.12.410, 49.12.420,"
E2SHB 2319 - S AMD TO S AMD (S-5375.4/94)
By Senators McDonald, Owen, McCaslin, Snyder, Hargrove, Bauer, Haugen, Loveland, Vognild, Ludwig and L. Smith
On page 160, line 7 of the title amendment, after "28A.600 RCW;" insert "adding new sections to chapter 49.12 RCW;"
On page 160, line 14 of the title amendment, after "9.41.210," strike "and 9.41.230" and insert "9.41.230, 49.12.105, 49.12.121, and 49.12.123"
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