[atlas:bill]

AN ACT Relating to the employment of minors; amending RCW 49.12.121, 49.12.390, 49.12.410, and 49.12.420; repealing RCW 49.12.123; and prescribing penalties.

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

Sec. 1. RCW 49.12.121 and 1993 c 294 s 9 are each amended to read as follows:

(1) The department 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, the rules:

(a) Must permit a minor age sixteen or seventeen to be employed without limits on the hours per day or per week or other specified work period, except as provided in RCW 49.12.300 and except as follows:

(i) Employment may not exceed six hours per day on a school day preceding a school day, twenty-eight hours per week during a school week, or fifty hours per week during a nonschool week; and

(ii) Employment may occur only during the hours starting at 6:00 a.m. and ending at midnight, except that a starting time of 5:00 a.m. is permitted on nonschool days;

(b) May not limit the hours per day or per week, or other specified work period, that may be worked by minors who are emancipated by court order or who are age sixteen or seventeen and employed by a parent, guardian, or other person having legal custody of the minor; and

(c) May not restrict the occupations or types of work in which a minor age sixteen and seventeen may be employed beyond restrictions under this code or of the child labor provisions of the fair labor standards act (29 C.F.R. Part 570, Subpart E).

(2) The department shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards for the health, safety, and welfare of minors as set forth in the rules adopted by the department. No minor person shall be employed in any occupation, trade, or industry subject to this chapter ((~~16, Laws of 1973 2nd ex. sess.,~~)) unless a work permit that is on file with the employer during the employment of the minor 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. However, the consent of a parent, guardian, or other person, or the approval of the school which the minor may then be attending, is unnecessary if the minor is emancipated by court order, and the approval of the school is unnecessary for minors age sixteen or seventeen if the parent, guardian, or other person having legal custody of the minor has filed with the minor's school a letter consenting to the minor's employment.

(3) The minimum wage for minors shall be as prescribed in RCW 49.46.020.

(4) As used in this section:

(a) "School day" means a day on which a minor is required to attend school pursuant to the attendance policy of the school which the minor is attending.

(b) "School week" means a week in which there are more than two scheduled school days.

Sec. 2. 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~~)), 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 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 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~~)), 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~~)), 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 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. 3. 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~~)), or a rule or order adopted under RCW 49.12.121 ((~~or 49.12.123~~)), is guilty of a gross misdemeanor. An employer whose practices in violation of the requirements of RCW 49.12.121 ((~~or 49.12.123~~)), or a rule or order adopted under RCW 49.12.121 ((~~or 49.12.123~~)), result in the death or permanent disability of a minor employee is guilty of a class C felony.

Sec. 4. 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~~)) are exclusive remedies.

NEW SECTION. Sec. 5. RCW 49.12.123 (Work permit for minor required) and 1991 c 303 s 8, 1983 c 3 s 156, & 1973 c 51 s 3 are each repealed.