H-0178.1          _______________________________________________

                                  HOUSE BILL 1045

                  _______________________________________________

State of Washington              53rd Legislature             1993 Regular Session

By Representatives Orr, Mastin, Riley, Zellinsky, Roland, Sheldon, Dorn, R. Meyers, Grant, Kremen, Ludwig, R. Fisher, Morris, R. Johnson, Scott, Bray, Talcott, Campbell, Rayburn, Padden, Foreman, Dyer, Sheahan, I. Ballasiotes, Long, Springer, Stevens, Brumsickle, Horn, Forner, Miller, Schmidt, Sehlin, Edmondson, Hansen, Lemmon, Schoesler, Morton, Fuhrman, Tate, Vance, Thomas, Mielke, Chandler, Lisk, Wood, Cooke, Sommers and Silver

Read first time 01/13/93.  Referred to Committee on Commerce & Labor.

Prohibiting the industrial welfare committee and the director of the department of labor and industries from limiting the hours of work by minors.

     AN ACT Relating to working hours for minors; and amending RCW 49.12.121 and 49.30.030.

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

     Sec. 1.  RCW 49.12.121 and 1989 c 1 s 3 are each amended to read as follows:

     The committee, or the director, may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business or occupation in the state of Washington and may adopt special rules for the protection of the safety, health and welfare of minor employees.  However, neither the committee nor the director may adopt special rules limiting the number of hours a minor may work.  The minimum wage for minors shall be as prescribed in RCW 49.46.020.  The committee shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards set forth concerning the health, safety and welfare of minors as set forth in the rules and regulations promulgated by the committee.  No minor person shall be employed in any occupation, trade or industry subject to this 1973 amendatory act, unless a work permit has been properly issued, with the consent of the parent, guardian or other person having legal custody of the minor and with the approval of the school which such minor may then be attending.

     Sec. 2.  RCW 49.30.030 and 1989 c 380 s 85 are each amended to read as follows:

     The department shall establish an advisory committee on agricultural labor to develop recommendations for rules to provide labor standards for agricultural employment of minors.  The advisory committee shall be composed of:  A representative of the department of labor and industries; a representative of the department of agriculture; representatives of the agricultural employer and employee communities; and one legislator from each caucus of the house of representatives and the senate, to be appointed by the speaker of the house of representatives and president of the senate, respectively.

     Based upon the recommendations of the advisory committee and considerations as to the nature of agricultural employment and usual crop cultural and harvest requirements, the director shall adopt rules under chapter 34.05 RCW which only address the following:

     (1) The employment of minors, providing for annual notification to the department of intent to hire minors, and including provisions that both encourage school attendance and provide flexible hours that will meet the requirements of agricultural employment.  However, the director may not adopt rules limiting the number of hours a minor may work; and

     (2) The provision of rest and meal periods for agricultural employees, taking into account naturally occurring work breaks where possible.  The initial rules shall be adopted no later than July 1, 1990.

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