HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis    Bill No.  ESSB 5599

Regulating temporary worker housing.

Brief Title                              Hearing Date: 3/31/99

Senators Prentice, Deccio, and Rasmussen   Staff: Steve Lundin

Sponsor(s)                          State Government Committee

                                              Phone:  786-7127

BACKGROUND:

The State Board of Health is authorized to adopt rules for labor camps and new housing for agricultural workers.

The Department of Health is required to adopt a temporary worker building code that conforms with the temporary worker housing standards developed under the Washington Industrial Safety and Health Act and rules adopted by the State Board of Health. This code must include guidelines for constructing a variety of formats, including tents, tent platforms, and hard-shell, single exterior wall structures.  Any rules pertaining to an employer who is subject to the federal Migrant and Seasonal Housing Agricultural Worker Protection Act must comply with the federal act.  Temporary worker housing is defined as a place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees or is provided by another person who provides such accommodations for employees, for temporary, seasonal occupancy.  Temporary worker housing includes labor camps.

Persons operating such facilities consisting of four or fewer dwelling units, or combination of dwelling units, dormitories, or spaces that house nine or fewer occupants, may elect to comply with this code or the uniform building codes that are part of the State Building Code.

SUMMARY:

1. Temporary cherry harvest labor camps.

Laws providing for the State Board of Health to adopt rules relating to labor camps and new housing for agricultural workers are repealed.

The Department of Health and the Department of Labor are directed to adopt joint rules establishing standards for cherry harvest temporary labor camps.  These rules may provide some variation from standards that are necessary for longer occupancies if they are at least as effective as the standards adopted by the Washington Industrial Safety and Health Act.  These rules have no application to temporary worker housing constructed under the uniform building codes or the temporary worker housing code adopted by the Department of Health.  Old Board of Health rules on labor camps remain in effect until replaced by these new joint rules.

A temporary cherry harvest labor camp is defined broadly as a place where housing and related facilities are provided to any agricultural workers, and not just agricultural workers engaged in harvesting cherries, for no more than 21 days in any calender year.  The Department of Health and the local health jurisdiction may allow an extension of up to an additional seven days if they determine that the health and safety of worker occupants would be better served by the extension than closing the camp and the operator requests the extension at least three days prior to the end of the 21-day period.  Temporary labor camps may only be used to provide housing to immigrant aliens admitted to the United States for agricultural labor or for temporary or seasonal services.

2. Temporary worker housing.

Labor camps and rules relating to labor camps do not apply to temporary worker housing.

Temporary worker housing is limited to housing provided for agricultural workers by agricultural employers, including persons growing, producing, or harvesting farm or nursery products or engaged in the forestation or reforestation of lands, including the harvesting of Christmas trees.

The authority to enforce temporary housing codes includes the authority to levy and collect fines.

The Department of Health and the Department of Labor and Industries must adopt joint rules for the licensing, operation, and inspection of temporary worker housing and the enforcement of these rules.  The rules shall establish standards that are at least as effective as the standards developed under the Washington Industrial Safety and Health Act.

By December 1, 1999, the Department of Health and the Department of Labor and Industries must jointly establish a formal agreement identifying each of their roles with respect to temporary worker housing operation standards.  Where feasible the agreement shall provide for a single agency to inspect and enforce this code.  Multiple citations for the same violation shall be avoided.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.