BILL REQ. #:  S-4427.3 

READ FIRST TIME 02/07/08.   

     AN ACT Relating to making technical changes to laws relating to labor regulations; amending RCW 49.04.040, 49.04.110, 49.04.120, 49.04.130, 49.08.010, 49.08.020, 49.08.030, 49.08.040, 49.08.050, 49.12.005, 49.12.041, 49.12.050, 49.12.091, 49.12.101, 49.12.105, 49.12.110, 49.12.121, 49.12.123, 49.12.130, 49.12.150, 49.12.170, 49.12.175, 49.12.185, 49.12.200, 49.12.250, 49.12.275, 49.12.290, 49.12.380, 49.12.450, 49.17.020, 49.17.030, 49.17.040, 49.17.041, 49.17.050, 49.17.055, 49.17.060, 49.17.070, 49.17.080, 49.17.090, 49.17.100, 49.17.110, 49.17.120, 49.17.130, 49.17.140, 49.17.150, 49.17.160, 49.17.170, 49.17.180, 49.17.190, 49.17.200, 49.17.210, 49.17.220, 49.17.230, 49.17.240, 49.17.250, 49.17.260, 49.17.270, 49.17.280, 49.17.285, 49.17.300, 49.17.320, 49.17.350, 49.19.020, 49.19.030, 49.19.040, 49.22.010, 49.22.020, 49.24.010, 49.24.020, 49.24.040, 49.24.060, 49.24.070, 49.24.080, 49.24.150, 49.24.170, 49.24.180, 49.24.190, 49.24.220, 49.24.230, 49.24.250, 49.24.260, 49.24.290, 49.24.310, 49.24.320, 49.24.330, 49.24.340, 49.24.370, 49.26.010, 49.26.013, 49.26.016, 49.26.020, 49.26.030, 49.26.040, 49.26.110, 49.26.115, 49.26.125, 49.26.130, 49.28.010, 49.28.040, 49.28.060, 49.28.065, 49.28.100, 49.28.120, 49.32.020, 49.32.030, 49.32.050, 49.32.090, 49.32.110, 49.36.015, 49.38.010, 49.40.010, 49.40.030, 49.40.040, 49.40.050, 49.40.060, 49.44.010, 49.44.020, 49.44.030, 49.44.040, 49.44.050, 49.44.060, 49.44.080, 49.44.090, 49.44.100, 49.44.140, 49.46.020, 49.46.040, 49.46.060, 49.46.070, 49.46.080, 49.46.090, 49.46.100, 49.46.110, 49.46.130, 49.48.010, 49.48.030, 49.48.060, 49.48.070, 49.48.150, 49.48.210, 49.52.010, 49.52.020, 49.52.030, 49.52.040, 49.52.050, 49.52.060, 49.52.070, 49.52.080, 49.52.090, 49.56.010, 49.56.020, 49.56.030, 49.56.040, 49.60.174, 49.60.178, 49.60.310, 49.60.360, 49.60.380, 49.64.030, 49.64.040, 49.66.020, 49.66.030, 49.66.040, 49.66.050, 49.66.060, 49.66.070, 49.66.080, 49.66.090, 49.66.100, 49.66.120, 49.66.900, 49.70.170, 49.70.210, and 49.74.005; reenacting and amending RCW 49.12.187 and 49.60.250; repealing RCW 49.04.141, 49.08.060, 49.17.288, 49.32.072, 49.32.073, 49.32.074, and 49.32.910; and prescribing penalties.

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

Sec. 1   RCW 49.04.040 and 2001 c 204 s 3 are each amended to read as follows:
     ((Upon July 22, 2001,)) (1) All newly approved apprenticeship programs must be represented by either a unilateral or joint apprenticeship committee. Apprenticeship committees must conform to this chapter, the rules adopted by the apprenticeship council, and 29 C.F.R. Part 29 and must be approved by the apprenticeship council. Apprenticeship committees may be approved whenever the apprentice training needs justify such establishment. Such apprenticeship committees shall be composed of an equal number of employer and employee representatives who may be chosen:
     (((1))) (a) From names submitted by the respective local or state employer and employee organizations served by the apprenticeship committee; or
     (((2))) (b) In a manner which selects representatives of management and nonmanagement served by the apprenticeship committee. The council may act as the apprentice representative when the council determines there is no feasible method to choose nonmanagement representatives.
     (2) Apprenticeship committees shall devise standards for apprenticeship programs and operate such programs in accordance with the standards established by this chapter and by council-adopted rules. The council and supervisor may provide aid and technical assistance to apprenticeship program sponsors and applicants, or potential applicants.

Sec. 2   RCW 49.04.110 and 1990 c 72 s 2 are each amended to read as follows:
     When ((it shall appear to)) the department of labor and industries determines that any apprenticeship program referred to in RCW 49.04.100 has failed to comply with the woman or racial minority representation requirement ((hereinabove in such section referred to by January 1, 1970, which fact shall be determined by reports the department may request or in such other manner as it shall see fit, then the same shall be deemed prima facie evidence of noncompliance with)) under RCW 49.04.100 through 49.04.130 ((and thereafter)), no state funds or facilities shall be expended upon ((such)) the program((: PROVIDED, That prior to such withdrawal of funds evidence shall be received and state funds or facilities shall not be denied if there is a showing of)). However, before funds are withdrawn, the apprenticeship program may submit evidence that demonstrates a genuine effort to comply with the ((provisions)) woman and racial minority representation requirement of RCW 49.04.100 through 49.04.130 ((as to entrance of women and racial minorities into the program)). The director shall notify the appropriate federal authorities if there is noncompliance with the woman and racial minority representation ((qualification)) requirement under any apprenticeship program as provided for in RCW 49.04.100 through 49.04.130.

Sec. 3   RCW 49.04.120 and 1990 c 72 s 3 are each amended to read as follows:
     Every community college, vocational school, or high school ((carrying on a program of)) with a vocational education program shall make every effort to enlist woman and racial minority representation in the apprenticeship programs within the state and ((are authorized to carry out such purpose in such ways as they shall see fit)) may take appropriate action to do so.

Sec. 4   RCW 49.04.130 and 1990 c 72 s 4 are each amended to read as follows:
     Every employer and employee organization as well as the apprenticeship council and local and state apprenticeship committees and vocational schools shall make every effort to enlist woman and racial minority representation in the apprenticeship programs of the state and shall be aided ((therein)) by the department of labor and industries ((insofar as such department may be able to so do without undue interference)) if this aid does not unduly interfere with its other powers and duties. In addition, the legislature, in fulfillment of the public welfare, mandates those involved in apprenticeship training with the responsibility of making every effort to see that woman and racial minority representatives in such programs pursue the same to a successful conclusion.

Sec. 5   RCW 49.08.010 and 1975 1st ex.s. c 296 s 36 are each amended to read as follows:
     ((It shall be the duty of the chairman)) The chair of the public employment relations commission must, upon application of any employer or employee having differences, ((as soon as practicable, to visit the location of such differences and to make a careful inquiry into)) investigate the cause ((thereof and to)) of the dispute and advise the ((respective)) parties, what, if anything, ought to be done ((or submitted to by both to adjust said)) to settle the dispute ((and should said parties then still)). If the employer and employee fail to agree to a settlement ((through said chairman, then said chairman shall endeavor to have said)), the chair must request that the parties ((consent in writing to)) submit their differences to a board of arbitration((s)) to be chosen ((from citizens of the state)) as follows((, to wit: Said employer shall appoint one and said employees acting through a majority, one, and these two shall select a third, these three to constitute the board of arbitration and)): One member must be appointed by the employer; one member must be appointed by the employee or employee group; and one member must be appointed jointly by the other board members. The findings of ((said)) the board of arbitration ((to be)) are final.

Sec. 6   RCW 49.08.020 and 1975 1st ex.s. c 296 s 37 are each amended to read as follows:
     ((The proceedings of said board of arbitration shall be held before)) The ((chairman)) chair of the public employment relations commission ((who)) shall act as ((moderator or chairman, without the privilege of voting, and who shall)) chair of the board of arbitration but not vote in proceedings before the board. The chair must keep a record of the proceedings, issue subpoenas, and administer oaths to the members of ((said)) the board((,)) and any ((witness said board may deem necessary to summon)) witnesses before the board.

Sec. 7   RCW 49.08.030 and 1903 c 58 s 3 are each amended to read as follows:
     ((Any)) Notice or process issued by the board ((herein created,)) of arbitration shall be served ((by any sheriff, coroner or constable to whom the same may be directed, or in whose hands the same may be placed for service)) in the manner described in chapter 4.28 RCW.

Sec. 8   RCW 49.08.040 and 1975-'76 2nd ex.s. c 34 s 144 are each amended to read as follows:
     ((Such)) Arbitrators shall receive five dollars per day for each day ((actually)) engaged in ((such)) arbitration and travel expenses in accordance with RCW 43.03.050 and 43.03.060 ((as now existing or hereafter amended)) to be paid ((upon certificates of the director of labor and industries out of the fund appropriated for the purpose or at the disposal of)) by the department of labor and industries ((applicable to such expenditure)).

Sec. 9   RCW 49.08.050 and 1903 c 58 s 5 are each amended to read as follows:
     ((Upon the failure of the director of labor and industries, in any case, to secure the creation of a board of arbitration, it shall become his duty to)) If a board of arbitration is not established, the director of the department of labor and industries must request a sworn statement from each party to the dispute of the facts upon which their dispute and their reasons for not submitting the ((same)) dispute to arbitration are based. Any sworn statement made to the director of labor and industries under this ((provision shall be for public use and shall be given publicly in such newspapers as desire to use it)) section is subject to public disclosure.

Sec. 10   RCW 49.12.005 and 2003 c 401 s 2 are each amended to read as follows:
     ((For the purposes of this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of labor and industries.
     (2) "Director" means the director of the department of labor and industries, or the director's designated representative.
     (3)(a) Before May 20, 2003, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees but does not include the state, any state institution, any state agency, political subdivision of the state, or any municipal corporation or quasi-municipal corporation. However, for the purposes of RCW 49.12.265 through 49.12.295, 49.12.350 through 49.12.370, 49.12.450, and 49.12.460 only, "employer" also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
     (b) On and after May 20, 2003, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. However, this chapter and the rules adopted thereunder apply to these public employers only to the extent that this chapter and the rules adopted thereunder do not conflict with: (i) Any state statute or rule; and (ii) respect to political subdivisions of the state and any municipal or quasi-municipal corporation, any local resolution, ordinance, or rule adopted under the authority of the local legislative authority before April 1, 2003.
     (4) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.
     (5) "Conditions of labor" means and includes the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.
     (6) ((For the purpose of chapter 16, Laws of 1973 2nd ex. sess. a)) "Minor" ((is defined to be)) means a person ((of either sex)) under the age of eighteen years.

Sec. 11   RCW 49.12.041 and 1994 c 164 s 14 are each amended to read as follows:
     ((It shall be the responsibility of)) The director ((to)) must investigate the wages, hours, and conditions of employment of all employees, including minors((, except as may otherwise be provided in chapter 16, Laws of 1973 2nd ex. sess)). The director, or the director's authorized representative, ((shall have full authority to)) may require statements from all employers, relative to wages, hours, and working conditions and ((to)) may inspect the books, records, and physical facilities of all employers subject to ((chapter 16, Laws of 1973 2nd ex. sess)) this chapter. Such examinations shall take place within normal working hours, within reasonable limits, and in a reasonable manner.

Sec. 12   RCW 49.12.050 and 1994 c 164 s 15 are each amended to read as follows:
     Every employer ((shall)) must keep a record of the names of all employees employed by him or her, and ((shall on request)) must permit the director to inspect ((such)) this record upon request.

Sec. 13   RCW 49.12.091 and 1994 c 164 s 16 are each amended to read as follows:
     After an investigation has been conducted by the department of wages, hours, and conditions of labor ((subject to chapter 16, Laws of 1973 2nd ex. sess.)), the director ((shall)) must be furnished with all information relative to ((such)) the investigation ((of wages, hours and working conditions)), including current statistics on wage rates in all occupations subject to ((the provisions of chapter 16, Laws of 1973 2nd ex. sess)) this chapter. Within a reasonable time thereafter, if the director finds that in any occupation, trade, or industry, ((subject to chapter 16, Laws of 1973 2nd ex. sess.,)) the wages paid to employees are inadequate to supply the necessary cost of living, but not to exceed the state minimum wage as prescribed in RCW 49.46.020, ((as now or hereafter amended,)) or that the conditions of labor are detrimental to the health of employees, the director ((shall have authority to prescribe)) may adopt rules ((and regulations)) for the purpose of adopting minimum wages for occupations not otherwise governed by minimum wage requirements fixed by state or federal statute, or a rule or regulation adopted under such statute((, and, at the same time have the authority to prescribe)). The director may also adopt rules ((and regulations)) fixing standards, conditions, and hours of labor for the protection of the safety, health, and welfare of employees for ((all or specified)) occupations subject to ((chapter 16, Laws of 1973 2nd ex. sess. Thereafter, the director shall conduct a public hearing in accordance with the procedures of the administrative procedure act, chapter 34.05 RCW, for the purpose of the adoption of rules and regulations fixing minimum wages and standards, conditions and hours of labor subject to the provisions of chapter 16, Laws of 1973 2nd ex. sess)) this chapter. After ((such)) the rules ((become effective)) take effect, copies ((thereof shall)) must be supplied to employers who may be affected by ((such)) the rules and ((such)) these employers ((shall)) must post ((such)) the rules, ((where possible, in such)) in a place or places((,)) that are reasonably accessible to all employees of ((such)) the employer. After the effective date of ((such)) the rules, it shall be unlawful for any employer in any occupation subject to this chapter ((16, Laws of 1973 2nd ex. sess.)) to employ any person for less than the rate of wages specified in ((such)) the rules or under conditions and hours of labor prohibited for any occupation specified in ((such)) the rules((: PROVIDED, That)). This section ((shall)) does not apply to sheltered workshops.

Sec. 14   RCW 49.12.101 and 1994 c 164 s 17 are each amended to read as follows:
     Whenever wages, standards, conditions, and hours of labor have been established by rule ((and regulation)) of the director, the director may upon application of either employers or employees conduct a public hearing for the purpose of the adoption, amendment, or repeal of rules ((and regulations)) adopted under ((the authority of chapter 16, Laws of 1973 2nd ex. sess)) this chapter.

Sec. 15   RCW 49.12.105 and 1994 c 164 s 18 are each amended to read as follows:
     An employer may apply to the director for an order for a variance from any rule ((or regulation)) establishing a standard for wages, hours, or conditions of labor adopted by the director under this chapter. The director ((shall)) must issue an order granting a variance if the director determines or decides that the applicant for the variance has shown good cause for the lack of compliance. Any order so issued ((shall)) must prescribe the conditions the employer must maintain, and the practices, means, methods, operations, standards, and processes ((which)) that the employer must adopt and utilize to the extent they differ from the standard in question. At any time the director may terminate and revoke ((such)) the order, provided the employer was notified by the director of the termination at least thirty days prior to ((said)) the termination.

Sec. 16   RCW 49.12.110 and 1994 c 164 s 19 are each amended to read as follows:
     For any occupation in which a minimum wage has been established, the director may issue ((to)) an employer((,)) a special certificate or permit for an employee who ((is physically or mentally handicapped to such a degree that he or she is unable to obtain)) has a physical or mental disability that prevents him or her from obtaining employment in the competitive labor market((, or to)). The director may issue a trainee or learner not otherwise subject to the jurisdiction of the apprenticeship council, a special certificate or permit authorizing the employment of ((such)) the employee for a wage less than the legal minimum wage((; and)). The director shall fix the minimum wage for ((said person, such)) persons receiving a special certificate or permit under this section. Special certificates or permits ((to)) may be issued only ((in such cases as)) if the director ((may)) decides the ((same is applied for)) application is made in good faith and ((that such)) the certificate or permit ((shall be)) is in force for ((such length of time as)) a time period determined by the director ((shall decide and determine is proper)).

Sec. 17   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 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.
     (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 chapter 16, Laws of 1973 2nd ex. sess.)) this chapter, 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. 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.
     (3) The minimum wage for minors shall be as prescribed in RCW 49.46.020.

Sec. 18   RCW 49.12.123 and 1991 c 303 s 8 are each amended to read as follows:
     In implementing state policy to assure the attendance of children in the public schools ((it shall be required of)), any person, firm, or corporation employing any minor ((under the age of eighteen years to)) must obtain a work permit as set forth in RCW 49.12.121 and keep ((such)) the permit on file during the minor's employment ((of such minor, and)). Upon termination of ((such)) the minor's employment ((of such minor to return such)), the permit must be returned to the department ((of labor and industries)).

Sec. 19   RCW 49.12.130 and 1913 c 174 s 16 are each amended to read as follows:
     Any employer who discharges, or in any other manner discriminates against any employee because ((such)) the employee has testified or is about to testify, or because ((such)) the employer believes that ((said)) the employee may testify in any investigation or proceedings relative to the enforcement of RCW 49.12.010 through 49.12.180, ((shall be deemed)) is guilty of a misdemeanor ((and upon conviction thereof, shall be punished)), punishable by a fine of ((from)) at least twenty-five dollars ((to)) and no more than one hundred dollars for each ((such misdemeanor)) offense.

Sec. 20   RCW 49.12.150 and 1913 c 174 s 18 are each amended to read as follows:
     If any employee ((shall)) receives less than the legal minimum wage, except as ((hereinbefore)) provided in RCW 49.12.110, ((said)) the employee ((shall be entitled to)) may recover in a civil action the full amount of the legal minimum wage ((as herein provided for)), together with costs and attorney's fees to be fixed by the court, notwithstanding any agreement to work for ((such)) a lesser wage. ((In such action, however,)) The employer shall be credited with any wages ((which)) that have been paid ((upon account)) to the employee.

Sec. 21   RCW 49.12.170 and 1994 c 164 s 21 are each amended to read as follows:
     Except as otherwise provided in RCW 49.12.390 or 49.12.410, any employer ((employing)) is guilty of a misdemeanor, punishable by a fine of at least twenty-five dollars and no more than one thousand dollars, if the employer: Employs any person for whom a minimum wage or standards, conditions, and hours of labor have been specified, at less than ((said)) the minimum wage, or under standards, or conditions of labor or at hours of labor prohibited by ((the)) department rules ((and regulations of the director)); or ((violating)) violates any other ((of the)) provision((s)) of this chapter ((16, Laws of 1973 2nd ex. sess., shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars)).

Sec. 22   RCW 49.12.175 and 1943 c 254 s 1 are each amended to read as follows:
     Any employer in this state, employing both males and females, who ((shall)) discriminates in any way in the payment of wages as between sexes or who ((shall)) pays any female a ((less)) lesser wage, be it time or piece work, or salary, than is being paid to males similarly employed, or in any employment formerly performed by males, ((shall be)) is guilty of a misdemeanor. ((If)) Any female employee ((shall)) who receives less compensation because of being discriminated against on account of her sex, and in violation of this section, ((she shall be)) is entitled to recover in a civil action the full amount of compensation that she would have received had she not been discriminated against. ((In such action, however,)) The employer shall be credited with any compensation ((which)) that has been paid to ((her upon account)) the employee. A differential in wages between employees based in good faith on a factor or factors other than sex ((shall)) does not constitute discrimination within the meaning of RCW 49.12.010 through 49.12.180.

Sec. 23   RCW 49.12.185 and 1973 2nd ex.s. c 16 s 17 are each amended to read as follows:
     ((Chapter 16, Laws of 1973 2nd ex. sess. shall)) This chapter does not apply to newspaper vendors or carriers and domestic or casual labor in or about private residences and agricultural labor as defined in RCW 50.04.150((, as now or hereafter amended)).

Sec. 24   RCW 49.12.187 and 2003 c 401 s 3 and 2003 c 146 s 1 are each reenacted and amended to read as follows:
     This chapter ((shall not be construed to)) does not interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing concerning wages or standards or conditions of employment. However, rules adopted under this chapter regarding appropriate rest and meal periods as applied to employees in the construction trades may be superseded by a collective bargaining agreement negotiated under the national labor relations act, 29 U.S.C. Sec. 151 et seq., if the terms of the collective bargaining agreement covering ((such)) the employees specifically require rest and meal periods and prescribe requirements concerning those rest and meal periods.
     Employees of public employers may enter into collective bargaining contracts, labor/management agreements, or other mutually agreed to employment agreements that specifically vary from or supersede, in part or in total, rules adopted under this chapter regarding appropriate rest and meal periods.

Sec. 25   RCW 49.12.200 and 1963 c 229 s 1 are each amended to read as follows:
     ((That hereafter in this state)) Every avenue of employment ((shall be)) is open to women((; and)). Any business, vocation, profession, and calling followed and pursued by men may be followed and pursued by women, and no person shall be disqualified from engaging in or pursuing any business, vocation, profession, calling, or employment, or excluded from any premises or place of work or employment, on account of sex.

Sec. 26   RCW 49.12.250 and 1985 c 336 s 2 are each amended to read as follows:
     (1) Each employer shall make ((such file(s))) the employee's personnel file available locally within a reasonable period of time after the employee requests the file(s).
     (2) An employee annually may petition that the employer review all information in the employee's personnel file(s) that are regularly maintained by the employer as a part of his or her business records or are subject to reference for information given to persons outside of the company. The employer shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s). If an employee does not agree with the employer's determination, the employee may at his or her request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. Nothing in this subsection prevents the employer from removing information more frequently.
     (3) A former employee ((shall)) retains the right of rebuttal or correction for ((a period not to exceed)) up to two years.

Sec. 27   RCW 49.12.275 and 1988 c 236 s 2 are each amended to read as follows:
     The department shall develop and furnish to each employer a poster ((which)) that describes an employer's obligations and an employee's rights under RCW 49.12.270 through 49.12.295. The poster must include notice about any state law((,)) or rule((, or regulation)) governing maternity disability leave and indicate that federal or local ordinances, laws, rules, or regulations may also apply. The poster must also include a telephone number and an address of the department to enable employees to obtain more information regarding RCW 49.12.270 through 49.12.295. Each employer must display this poster in a conspicuous place. Every employer shall also post its leave policies, if any, in a conspicuous place. Nothing in this section ((shall be construed to)) creates a right to continued employment.

Sec. 28   RCW 49.12.290 and 1988 c 236 s 6 are each amended to read as follows:
     Nothing in RCW 49.12.270 through 49.12.295 ((shall be construed to)) reduces any provision in a collective bargaining agreement.

Sec. 29   RCW 49.12.380 and 1991 c 303 s 2 are each amended to read as follows:
     Upon adoption of the rules under ((section 1 of this act)) RCW 49.12.121, the department ((of labor and industries)) shall implement a comprehensive program to inform employers of the rules adopted. The program shall include mailings, public service announcements, seminars, and any other ((means deemed)) appropriate means to inform all Washington employers of their rights and responsibilities regarding the employment of minors.

Sec. 30   RCW 49.12.450 and 1998 c 334 s 2 are each amended to read as follows:
     (1) Notwithstanding the provisions of chapter 49.46 RCW or other provisions of this chapter, the obligation of an employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section.
     (2) Employers are not required to furnish or compensate employees for apparel that an employer requires an employee to wear during working hours unless the required apparel is a uniform.
     (3) As used in this section, "uniform" means:
     (a) Apparel of a distinctive style and quality that, when worn outside of the workplace, clearly identifies the person as an employee of a specific employer;
     (b) Apparel that is specially marked with an employer's logo;
     (c) Unique apparel representing an historical time period or an ethnic tradition; or
     (d) Formal apparel.
     (4) Except as provided in subsection (5) of this section, if an employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the employer is not required to furnish or compensate an employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or light or dark variations of such colors: White, tan, or blue, for tops; and tan, black, blue, or gray, for bottoms. An employer is permitted to require an employee to obtain two sets of wearing apparel to accommodate for the seasonal changes in weather which necessitate a change in wearing apparel.
     (5) If an employer changes the color or colors of apparel required to be worn by any of his or her employees during a two-year period of time, the employer shall furnish or compensate the employees for the apparel. The employer ((shall be)) is required to furnish or compensate only those employees who are affected by the change. The two-year time period begins on the date the change in wearing apparel goes into effect and ends two years from this date. The beginning and end of the two-year time period applies to all employees regardless of when the employee is hired.
     (6) The department shall utilize negotiated rule making as defined by RCW 34.05.310(2)(a) in the development and adoption of rules defining apparel that conforms to a general dress code or style. This subsection expires January 1, 2000.
     (7) For the purposes of this section, personal protective equipment required for employee protection under chapter 49.17 RCW is not deemed to be employee wearing apparel.

Sec. 31   RCW 49.17.020 and 1997 c 362 s 2 are each amended to read as follows:
     ((For the purposes of this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) ((The term)) "Agriculture" means farming and includes, but is not limited to:
     (a) The cultivation and tillage of the soil;
     (b) Dairying;
     (c) The production, cultivation, growing, and harvesting of any agricultural or horticultural commodity;
     (d) The raising of livestock, bees, fur-bearing animals, or poultry; and
     (e) Any practices performed by a farmer or on a farm, incident to or in connection with such farming operations, including but not limited to preparation for market and delivery to:
     (i) Storage;
     (ii) Market; or
     (iii) Carriers for transportation to market.
     ((The term)) "Agriculture" does not mean a farmer's processing for sale or handling for sale a commodity or product grown or produced by a person other than the farmer or the farmer's employees.
     (2) ((The term)) "Director" means the director of the department of labor and industries, or his or her designated representative.
     (3) ((The term)) "Department" means the department of labor and industries.
     (4) ((The term)) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity ((which)) that engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations((: PROVIDED, That)). However, any person, partnership, or business entity not having employees, and who is covered by the industrial insurance act shall be considered both an employer and an employee.
     (5) ((The term)) "Employee" means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is his or her personal labor for an employer under this chapter whether by way of manual labor or otherwise.
     (6) ((The term)) "Person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.
     (7) ((The term)) "Safety and health standard" means a standard ((which)) that requires the adoption or use of one or more practices, means, methods, operations, or processes reasonably necessary or appropriate to provide safe or healthful employment and places of employment.
     (8) ((The term)) "WISHA" means the Washington industrial safety and health act.
     (9) "Workplace" means any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control, and includes, but is not limited to, all workplaces covered by industrial insurance under Title 51 RCW((, as now or hereafter amended)).
     (((9))) (10) The term "working day" means a calendar day, except Saturdays, Sundays, and all legal holidays as set forth in RCW 1.16.050, as now or hereafter amended, and for the purposes of the computation of time within which an act is to be done under the provisions of this chapter, shall be computed by excluding the first working day and including the last working day.

Sec. 32   RCW 49.17.030 and 1973 c 80 s 3 are each amended to read as follows:
     This chapter ((shall apply)) applies with respect to employment performed in any workplace within the state. The department ((of labor and industries)) shall provide by rule for a schedule of fees and charges to be paid by each employer subject to this chapter who is not subject to or obtaining coverage under the industrial insurance laws and who is not a self-insurer. The fees and charges collected ((shall be)) are for the purpose of defraying such employer's pro rata share of the expenses of enforcing and administering this chapter.

Sec. 33   RCW 49.17.040 and 1973 c 80 s 4 are each amended to read as follows:
     The director shall make, adopt, modify, and repeal rules ((and regulations)) governing safety and health standards for conditions of employment as authorized by this chapter after a public hearing in conformance with the administrative procedure act and ((the provisions of)) this chapter. At least thirty days ((prior to such)) before a public hearing, the director shall cause public notice of ((such)) the hearing to be made in newspapers of general circulation in this state, of the date, time, and place of ((such)) the public hearing, along with a general description of the subject matter of the proposed rules and information as to where copies of any rules ((and regulations)) proposed for adoption may be obtained and with a solicitation for recommendations in writing or suggestions for inclusion or changes in ((such)) the rules to be submitted not later than five days ((prior to such)) before the public hearing. ((Any preexisting)) Rules adopted by the department ((of labor and industries)) before the effective date of this section relating to health and safety standards in workplaces subject to the jurisdiction of the department ((shall)) remain effective ((insofar as such)) if the rules are not inconsistent with ((the provisions of)) this chapter.

Sec. 34   RCW 49.17.041 and 1995 c 371 s 2 are each amended to read as follows:
     (1)(((a) Except as provided in (b) of this subsection, no rules adopted under this chapter amending or establishing agricultural safety standards shall take effect during the period beginning January 1, 1995, and ending January 15, 1996. This subsection applies, but is not limited to applying, to a rule adopted before January 1, 1995, but with an effective date which is during the period beginning January 1, 1995, and ending January 15, 1996, and to provisions of rules adopted prior to January 1, 1995, which provisions are to become effective during the period beginning January 1, 1995, and ending January 15, 1996.
     (b) Subsection (1)(a) of this section does not apply to: Provisions of rules that were in effect before January 1, 1995; emergency rules adopted under RCW 34.05.350; or revisions to chapter 296-306 WAC regarding rollover protective structures that were adopted in 1994 and effective March 1, 1995, and that are additionally revised to refer to the variance process available under this chapter.
     (2))) The rules for agricultural safety adopted under this chapter must:
     (a) Establish, for agricultural employers, an agriculture safety standard that includes agriculture-specific rules and specific references to the general industry safety standard adopted under this chapter ((49.17 RCW)); and
     (b) Exempt agricultural employers from the general industry safety standard adopted under this chapter ((49.17 RCW)) for all rules not specifically referenced in the agriculture safety standard.
     (((3))) (2) The department shall publish in one volume all of the occupational safety rules that apply to agricultural employers and shall make this volume available to all agricultural employers ((before January 15, 1996)). This volume must be available in both English and Spanish.
     (((4))) (3) The department shall provide training, education, and enhanced consultation services concerning its agricultural safety rules to agricultural employers before the rules' effective dates. ((The training, education, and consultation must continue throughout the winter of 1995-1996.)) Training and education programs must be provided throughout the state and must be coordinated with agricultural associations in order to meet their members' needs.
     (((5))) (4) The department shall provide, for informational purposes, a list of commercially available rollover protective structures for tractors used in agricultural operations manufactured before October 25, 1976. The list must include the name and address of the manufacturer and the approximate price of the structure. Included with the list shall be a statement indicating that an employer may apply for a variance from the rules requiring rollover protective structures under this chapter and that variances may be granted in appropriate circumstances on a case-by-case basis. The statement shall also provide examples of circumstances under which a variance may be granted. The list and statement shall be generally available to the agricultural community before the department may take any action to enforce rules requiring rollover protective structures for tractors used in agricultural operations manufactured before October 25, 1976.

Sec. 35   RCW 49.17.050 and 1998 c 224 s 1 are each amended to read as follows:
     In ((the adoption of)) adopting rules ((and regulations)) under ((the authority of)) this chapter, the director shall:
     (1) Provide for the preparation, adoption, amendment, or repeal of rules ((and regulations)) of safety and health standards governing the conditions of employment of general and special application in all workplaces;
     (2) Provide for the adoption of occupational health and safety standards ((which)) that are at least as effective as those adopted or recognized by the United States secretary of labor under the authority of the occupational safety and health act of 1970 (((Public Law)) P.L. 91-596; 84 Stat. 1590);
     (3) Provide a method of encouraging employers and employees in their efforts to reduce the number of safety and health hazards at their workplaces and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;
     (4) Provide for the ((promulgation)) adoption of health and safety standards and the control of conditions in all workplaces concerning gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents ((which)) that shall set a standard ((which)) that most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his or her working life; any such standards shall require where appropriate the use of protective devices or equipment and for monitoring or measuring any such gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents;
     (5) Provide for appropriate reporting procedures by employers with respect to ((such)) information relating to conditions of employment ((which)) that will assist in achieving the objectives of this chapter;
     (6) Provide for the frequency, method, and manner of the making of inspections of workplaces without advance notice; ((and,))
     (7) Provide for the publication and dissemination to employers, employees, and labor organizations and the posting where appropriate by employers of informational, education, or training materials calculated to aid and assist in achieving the objectives of this chapter;
     (8) Provide for the establishment of new and the perfection and expansion of existing programs for occupational safety and health education for employers and employees, and, in addition institute methods and procedures for the establishment of a program for voluntary compliance solely through the use of advice and consultation with employers and employees with recommendations including recommendations of methods to abate violations relating to the requirements of this chapter and all applicable safety and health standards and rules ((and regulations promulgated pursuant to the authority of)) adopted under this chapter;
     (9) Provide for the adoption of safety and health standards requiring the use of safeguards in trenches and excavations and around openings of hoistways, hatchways, elevators, stairways, and similar openings;
     (10) Provide for the ((promulgation)) adoption of health and safety standards requiring the use of safeguards for all vats, pans, trimmers, cut off, gang edger, and other saws, planers, presses, formers, cogs, gearing, belting, shafting, coupling, set screws, live rollers, conveyors, mangles in laundries, and machinery of similar description, which can be effectively guarded with due regard to the ordinary use of such machinery and appliances and the danger to employees therefrom, and with which the employees of any such workplace may come in contact while in the performance of their duties and prescribe methods, practices, or processes to be followed by employers ((which)) that will enhance the health and safety of employees in the performance of their duties when in proximity to machinery or appliances mentioned in this subsection; and
     (11) Certify that no later than twenty business days ((prior to)) before the effective date of any significant legislative rule, as defined by RCW 34.05.328, a meeting of impacted parties is convened to: (a) Identify ambiguities and problem areas in the rule; (b) coordinate education and public relations efforts by all parties; (c) provide comments regarding internal department training and enforcement plans; and (d) provide comments regarding appropriate evaluation mechanisms to determine the effectiveness of the new rule. The meeting shall include a balanced representation of both business and labor from impacted industries, department personnel responsible for the above subject areas, and other agencies or key stakeholder groups as determined by the department. An existing advisory committee may be utilized if appropriate.

Sec. 36   RCW 49.17.055 and 1997 c 107 s 1 are each amended to read as follows:
     The director shall appoint a WISHA advisory committee composed of ten members: Four members representing subject workers, each of whom shall be appointed from a list of at least three names submitted by a recognized statewide organization of employees, representing a majority of employees; four members representing subject employers, each of whom shall be appointed from a list of at least three names submitted by a recognized statewide organization of employers, representing a majority of employers; and two ex officio members, without a vote, one of whom shall be the ((chairperson)) chair of the board of industrial insurance appeals, and the other representing the department. The member representing the department shall be ((chairperson)) chair. The committee shall provide comment on department rule making, policies, and other initiatives. The committee shall also conduct a continuing study of any aspect of safety and health the committee determines to require their consideration. The committee shall report its findings to the department or the board of industrial insurance appeals for action as ((deemed)) appropriate. The members of the committee shall be appointed for a term of three years commencing on July 1, 1997, and the terms of the members representing the workers and employers shall be staggered so that the director shall designate one member from each group initially appointed whose term ((shall)) expires ((on)) June 30, 1998, and one member from each group whose term ((shall)) expires ((on)) June 30, 1999. The members shall serve without compensation, but are entitled to travel expenses as provided in RCW 43.03.050 and 43.03.060. The committee may hire such experts, if any, as it requires to discharge its duties and may utilize such personnel and facilities of the department and board of industrial insurance appeals as it needs, without charge. All expenses of the committee must be paid by the department.

Sec. 37   RCW 49.17.060 and 1973 c 80 s 6 are each amended to read as follows:
     Each employer:
     (1) Shall furnish to each of his or her employees a place of employment free from recognized hazards that are causing or likely to cause serious injury or death to his or her employees((: PROVIDED, That)). No citation or order assessing a penalty shall be issued to any employer solely under ((the authority of)) this subsection except where no applicable rule ((or regulation)) has been adopted by the department covering the unsafe or unhealthful condition of employment at the workplace; and
     (2) Shall comply with the rules((, regulations,)) and orders ((promulgated)) adopted under this chapter.

Sec. 38   RCW 49.17.070 and 2006 c 31 s 2 are each amended to read as follows:
     (1) Subject to subsections (2) through (5) of this section, the director, or his or her authorized representative, in carrying out his or her duties under this chapter, upon the presentation of appropriate credentials to the owner, manager, operator, or on-site person in charge of the worksite, is authorized:
     (a) To enter without delay and at all reasonable times the factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed by an employee of an employer; and
     (b) To inspect, survey, and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such workplace and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or employee.
     (2) In making inspections and ((making)) investigations under this chapter the director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the superior courts. In the case of contumacy, failure, or refusal of any person to obey ((such)) an order, any superior court within the jurisdiction of which ((such)) the person is found, or resides, or transacts business, upon the application of the director, ((shall have)) has jurisdiction to issue ((to such)) the person an order requiring ((such)) the person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey ((such)) the order of the court may be punished by ((said)) the court as a contempt thereof.
     (3) Except as provided in subsection (4) of this section or RCW 49.17.075, the director or his or her authorized representative shall obtain consent from the owner, manager, operator, or his or her on-site person in charge of the worksite when entering any worksite located on private property to carry out his or her duties under this chapter. Solely for the purpose of requesting the consent required by this section, the director or his or her authorized representative shall, in a safe manner, enter a worksite at an entry point designated by the employer or, in the event no entry point has been designated, at a reasonably recognizable entry point.
     (4) This section does not prohibit the director or his or her authorized representative from taking action consistent with a recognized exception to the warrant requirements of the federal and state Constitutions.
     (5) This section does not require advance notice of an inspection.

Sec. 39   RCW 49.17.080 and 1973 c 80 s 8 are each amended to read as follows:
     (1) Any employer may apply to the director for a temporary order granting a variance from any safety and health standard ((promulgated)) adopted by rule ((or regulation)) under ((the authority of)) this chapter. ((Such)) The temporary order shall be granted only if the employer files an application ((which)) that meets the requirements of subsection (2) of this section and establishes that the employer (a) is unable to comply with a safety or health standard because of the unavailability of professional or technical personnel, or of materials and equipment needed to come into compliance with the safety and health standard, or because necessary construction or alteration of facilities cannot be completed by the effective date of such safety and health standard((, that he)); (b) is taking all available steps to safeguard his or her employees against the hazards covered by the safety and health standard((, and he)); and (c) has an effective program for coming into compliance with such safety and health standard as quickly as practicable. Any temporary order issued under the authority of this subsection shall prescribe the practices, means, methods, operations, and processes ((which)) that the employer must adopt and use while the order is in effect and state in detail his or her program for coming into compliance with the safety and health standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing upon request of the employer or any affected employee. The name of any affected employee requesting a hearing under ((the provisions of)) this subsection ((shall be)) is confidential and shall not be disclosed without the consent of ((such)) the employee. The director may issue one interim order to be effective until a determination is made or a decision rendered if a hearing is demanded. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard, or one year, whichever is shorter, except that such an order may be renewed not more than twice, so long as the requirements of this subsection are met and if an application for renewal is filed at least ninety days ((prior to)) before the expiration date of the order. No renewal of a temporary order may remain in effect for longer than one hundred eighty days.
     (2) An application for a temporary order under this section shall contain:
     (a) A specification of the safety and health standard or portion thereof from which the employer seeks a variance;
     (b) A representation by the employer, supported by representations from qualified persons having first hand knowledge of the facts represented, that he or she is unable to comply with the safety and health standard or portion thereof and a detailed statement of the reasons therefor;
     (c) A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard;
     (d) A statement as to when the employer expects to be able to comply with the standard or portion thereof and what steps he or she has taken and will take, with dates specified, to come into compliance with the standard; and
     (e) A certification that the employer, by the date of mailing or delivery of the application to the director, has informed his or her employees of the application by providing a copy thereof to his or her employees or their authorized representative by posting a copy of ((such)) the application in a place or places reasonably accessible to all employees or by other appropriate means of notification and by mailing a copy to the authorized representative of ((such)) the employees((;)). The application shall set forth the manner in which the employees have been so informed. The application shall also advise employees and their employee representatives of their right to apply to the director to conduct a hearing upon the application for a variance.

Sec. 40   RCW 49.17.090 and 1973 c 80 s 9 are each amended to read as follows:
     Any employer may apply to the director for an order for a variance from any rule ((or regulation)) establishing a safety and health standard ((promulgated)) adopted under this chapter. Affected employees shall be given notice of each ((such)) application and, in the manner prescribed by RCW 49.17.080, shall be informed of their right to request a hearing on any ((such)) application. The director shall issue ((such)) an order granting a variance, after opportunity for an inspection, if he or she determines or decides after a hearing has been held, if request for hearing has been made, that the applicant for the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by ((such)) the applicant employer will provide employment and places of employment to his or her employees ((which)) that are as safe and healthful as those ((which)) that would prevail if he or she complied with the safety and health standard or standards from which the variance is sought. The order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes ((which)) that he or she must adopt and utilize to the extent they differ from the standard in question. At any time after six months has elapsed from the date of the issuance of the order granting a variance ((upon application of)), an employer, employee, or the director on his or her own motion, may apply to the director to modify or revoke the order for a variance. The director may, after notice has been given in the manner prescribed for the issuance of ((such)) the order ((may)), modify or revoke the order granting the variance from any standard ((promulgated)) adopted under ((the authority of)) this chapter.

Sec. 41   RCW 49.17.100 and 1986 c 192 s 1 are each amended to read as follows:
     A representative of the employer and an employee representative authorized by the employees of ((such)) the employer ((shall be given an opportunity to)) may accompany the director, or his or her authorized representative, during the physical inspection of any workplace for the purpose of aiding ((such)) the inspection. Where there is no authorized employee representative, the director or his or her authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace. The director may adopt procedural rules ((and regulations)) to implement ((the provisions of)) this section((: PROVIDED, That)). Neither this section, nor any other provision of this chapter, ((shall be construed to)) interferes with, impedes, or in any way diminishes the right of employees to bargain collectively with their employers through representatives of their own choosing concerning wages or standards or conditions of employment ((which)) that equal or exceed those established under ((the authority of)) this chapter.

Sec. 42   RCW 49.17.110 and 1973 c 80 s 11 are each amended to read as follows:
     Each employee shall comply with ((the provisions of)) this chapter and all rules((, regulations,)) and orders issued ((pursuant to the authority of)) under this chapter ((which)) that are applicable to his or her own actions and conduct in the course of his or her employment. Any employee or representative of employees who in good faith believes that a violation of a safety or health standard, ((promulgated)) adopted by rule under ((the authority of)) this chapter, exists that threatens physical harm to employees, or that an imminent danger to ((such)) the employees exists, may request an inspection of the workplace by giving notice to the director or his or her authorized representative of ((such)) the violation or danger. ((Any such)) The notice shall be ((reduced to)) in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees. A copy of the notice shall be provided the employer or his or her agent no later than at the time of inspection, except that, upon the request of the person giving ((such)) the notice, his or her name and the names of individual employees referred to ((therein)) in the notice shall not appear in ((such)) the copy or on any record published, released, or made available ((pursuant to any provision of)) under this chapter. If upon receipt of ((such)) the notification the director determines that there are reasonable grounds to believe that ((such)) a violation or danger exists, he or she shall make a special inspection as soon as practicable, to determine if ((such)) the violation or danger exists. If the director determines there are no reasonable grounds to believe that a violation or danger exists, he or she shall notify the employer and the employee or representative of the employees in writing of ((such)) the determination.
     ((Prior to)) Before or during any inspection of a workplace, any employee or representative of employees employed in ((such)) the workplace may notify the director or any representative of the director responsible for conducting the inspection, in writing, of any violation of this chapter ((which)) that he or she has reason to believe exists in such workplace. The director shall, by rule, establish procedures for informal review of any refusal by a representative of the director to issue a citation with respect to any ((such)) alleged violation, and shall furnish the employee or representative of employees requesting ((such)) review a written statement of the reasons for the director's final disposition of the case.

Sec. 43   RCW 49.17.120 and 1999 c 93 s 1 are each amended to read as follows:
     (1) If upon inspection or investigation the director or his or her authorized representative believes that an employer has violated a requirement of RCW 49.17.060, or any safety or health standard ((promulgated by rule)) adopted by the director in rule, or the conditions of any order granting a variance ((pursuant to)) under this chapter, the director shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provisions of the statute, standard, rule, regulation, or order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation.
     (2) The director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations ((which)) that have no direct or immediate relationship to safety or health.
     (3) Each citation, or a copy or copies thereof, issued under the authority of this section and RCW 49.17.130 shall be prominently posted, at or near each place a violation referred to in the citation occurred or as may otherwise be prescribed in ((regulations)) rules issued by the director. The director shall provide by rule for procedures to be followed by an employee representative upon written application to receive copies of citations and notices issued to any employer having employees who are represented by ((such)) the employee representative. ((Such)) The rule may prescribe the form of ((such)) the application, the time for renewal of applications, and the eligibility of the applicant to receive copies of citations and notices.
     (4) No citation may be issued under this section or RCW 49.17.130 after the expiration of six months following a compliance inspection, investigation, or survey revealing any ((such)) violation.
     (5)(a) No citation may be issued under this section if there is unpreventable employee misconduct that led to the violation, but the employer must show the existence of:
     (i) A thorough safety program, including work rules, training, and equipment designed to prevent the violation;
     (ii) Adequate communication of these rules to employees;
     (iii) Steps to discover and correct violations of its safety rules; and
     (iv) Effective enforcement of its safety program as written in practice and not just in theory.
     (b) This subsection (5) does not eliminate or modify any other defenses that may exist to a citation.

Sec. 44   RCW 49.17.130 and 1973 c 80 s 13 are each amended to read as follows:
     (1) If upon inspection or investigation, the director, or his or her authorized representative, believes that an employer has violated a requirement of RCW 49.17.060, or any safety or health standard ((promulgated)) adopted by rule((s)) of the department, or any conditions of an order granting a variance, which violation is such that a danger exists from which there is a substantial probability that death or serious physical harm could result to any employee, the director or his or her authorized representative shall issue a citation and may issue an order immediately restraining ((any such)) the condition, practice, method, process, or means in the workplace. Any order issued under this section may require ((such)) steps to be taken as may be necessary to avoid, correct, or remove ((such)) the danger and prohibit the employment or presence of any individual in locations or under conditions where ((such)) the danger exists, except individuals whose presence is necessary to avoid, correct, or remove ((such)) the danger or to maintain the capacity of a continuous process operation in order that the resumption of normal operations may be had without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner. In addition, if any machine or equipment, or any part thereof, is in violation of a requirement of RCW 49.17.060 or any safety or health standard ((promulgated)) adopted by rule((s)) of the department, and the operation of ((such)) the machine or equipment gives rise to a substantial probability that death or serious physical harm could result to any employee, and an order of immediate restraint of the use of ((such)) the machine or equipment has been issued under this subsection, the use of ((such)) the machine or equipment is prohibited, and a notice to that effect shall be attached thereto by the director or his or her authorized representative.
     (2) Whenever the director, or his or her authorized representative, concludes that a condition of employment described in subsection (1) of this section exists in any workplace, he or she shall promptly inform the affected employees and employers of the danger.
     (3) At any time that a citation or a citation and order restraining any condition of employment or practice described in subsection (1) of this section is issued by the director, or his or her authorized representative, he or she may in addition request the attorney general to make an application to the superior court of the county ((wherein such)) where the condition of employment or practice exists for a temporary restraining order or ((such)) other appropriate relief ((as appears to be appropriate under the circumstances)).

Sec. 45   RCW 49.17.140 and 1994 c 61 s 1 are each amended to read as follows:
     (1) If after an inspection or investigation the director or the director's authorized representative issues a citation under ((the authority of)) RCW 49.17.120 or 49.17.130, the department, within a reasonable time after the termination of ((such)) the inspection or investigation, shall notify the employer by certified mail of the penalty to be assessed under ((the authority of)) RCW 49.17.180 and shall state that the employer has fifteen working days within which to notify the director that the employer wishes to appeal the citation or assessment of penalty. If, within fifteen working days from the communication of the notice issued by the director the employer fails to notify the director that the employer intends to appeal the citation or assessment penalty, and no notice is filed by any employee or representative of employees under subsection (3) of this section within such time, the citation and the assessment shall be deemed a final order of the department and not subject to review by any court or agency.
     (2) If the director has reason to believe that an employer has failed to correct a violation for which a citation has been issued within the period permitted in the citation for its correction, which period shall not begin to run until the entry of a final order in the case of any appeal proceedings under this section initiated by the employer in good faith and not solely for delay or avoidance of penalties, the director shall notify the employer by certified mail of such failure to correct the violation and of the penalty to be assessed under RCW 49.17.180 by reason of ((such)) the failure, and shall state that the employer has fifteen working days from the communication of ((such)) the notification and assessment of penalty to notify the director that the employer wishes to appeal the director's notification of the assessment of penalty. If, within fifteen working days from the receipt of notification issued by the director the employer fails to notify the director that the employer intends to appeal the notification of assessment of penalty, the notification and assessment of penalty shall be deemed a final order of the department and not subject to review by any court or agency.
     (3)(a) If any employer notifies the director that the employer intends to appeal the citation issued under ((either)) RCW 49.17.120 or 49.17.130 or notification of the assessment of a penalty issued under subsection((s)) (1) or (2) of this section, or if, within fifteen working days from the issuance of a citation under ((either)) RCW 49.17.120 or 49.17.130 any employee or representative of employees files a notice with the director alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the director may reassume jurisdiction over the entire matter, or any portion thereof upon which notice of intention to appeal has been filed with the director ((pursuant to)) under this subsection. If the director reassumes jurisdiction of all or any portion of the matter upon which notice of appeal has been filed with the director, any redetermination shall be completed and corrective notices of assessment of penalty, citations, or revised periods of abatement completed within a period of thirty working days. The thirty-working-day redetermination period may be extended up to fifteen additional working days upon agreement of all parties to the appeal. The redetermination ((shall then)) becomes final subject to direct appeal to the board of industrial insurance appeals within fifteen working days of ((such)) the redetermination with service of notice of appeal upon the director. ((In the event that)) If the director does not reassume jurisdiction ((as provided in)) under this subsection, the director shall promptly notify the state board of industrial insurance appeals of all notifications of intention to appeal any such citations, any such notices of assessment of penalty and any employee or representative of employees notice of intention to appeal the period of time fixed for abatement of a violation and in addition certify a full copy of the record in such appeal matters to the board. The director shall adopt rules of procedure for the reassumption of jurisdiction under this subsection affording employers, employees, and employee representatives notice of the reassumption of jurisdiction by the director, and an opportunity to object or support the reassumption of jurisdiction, either in writing or orally at an informal conference to be held ((prior to)) before the expiration of the redetermination period. A notice of appeal filed under this section shall stay the effectiveness of any citation or notice of the assessment of a penalty pending review by the board of industrial insurance appeals, but ((such)) the appeal shall not stay the effectiveness of any order of immediate restraint issued by the director under ((the authority of)) RCW 49.17.130. The board of industrial insurance appeals shall afford an opportunity for a hearing in the case of each ((such)) appellant and the department shall be represented in ((such)) the hearing by the attorney general ((and)). The board shall ((in addition)) provide affected employees or authorized representatives of affected employees an opportunity to participate as parties to hearings under this subsection. The board shall thereafter make disposition of the issues in accordance with procedures relative to contested cases appealed to the state board of industrial insurance appeals.
     (b) Upon application by an employer showing that a good faith effort to comply with the abatement requirements of a citation has been made and that the abatement has not been completed because of factors beyond the employer's control, the director after affording an opportunity for a hearing shall issue an order affirming or modifying the abatement requirements in ((such)) the citation.

Sec. 46   RCW 49.17.150 and 1982 c 109 s 1 are each amended to read as follows:
     (1) Any person aggrieved by an order of the board of industrial insurance appeals issued under RCW 49.17.140(3) may obtain a review of ((such)) the order in the superior court for the county in which the violation is alleged to have occurred, by filing in ((such)) the court within thirty days following the communication of the board's order or denial of any petition or petitions for review, a written notice of appeal praying that the order be modified or set aside. ((Such)) The appeal shall be perfected by filing with the clerk of the court and by serving a copy thereof by mail, or personally, on the director and on the board. The board shall ((thereupon)) transmit a copy of the notice of appeal to all parties who participated in proceedings before the board, and shall file in the court the complete record of the proceedings. Upon ((such)) filing, the court ((shall have)) has jurisdiction of the proceeding and of the question determined therein, and ((shall have power to)) may grant such temporary relief or restraining order as it deems just and proper, and ((to)) may make and enter upon the pleadings and the record of proceedings a decree affirming, modifying, or setting aside in all or in part, the decision of the board of industrial insurance appeals and enforcing the same to the extent that ((such)) the order is affirmed or modified. The commencement of appellate proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the board of industrial insurance appeals. No objection that has not been urged before the board shall be considered by the court, unless the failure or neglect to urge ((such)) the objection shall be excused because of extraordinary circumstances. The findings of the board or hearing examiner where the board has denied a petition or petitions for review with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any party ((shall apply)) applies to the court for leave to adduce additional evidence and ((shall)) shows to the satisfaction of the court that ((such)) the additional evidence is material and that there were reasonable grounds for the failure to adduce ((such)) the evidence in the hearing before the board, the court may order ((such)) the additional evidence to be taken before the board and to be made a part of the record. The board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file ((such)) the modified or new findings, which findings with respect to questions of fact are supported by substantial evidence on the record considered as a whole, shall be conclusive, and its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with it, the jurisdiction of the court shall be exclusive and the judgment and decree shall be final, except as the same shall be subject to review by the supreme court. Appeals filed under this subsection shall be heard expeditiously.
     (2) The director may also obtain review or enforcement of any final order of the board by filing a petition for ((such)) relief in the superior court for the county in which the alleged violation occurred. The provisions of subsection (1) of this section ((shall)) govern ((such)) these proceedings to the extent applicable. If a notice of appeal, as provided in subsection (1) of this section, is not filed within thirty days after service of the board's order, the board's findings of fact, decision, and order or the examiner's findings of fact, decision, and order when a petition or petitions for review have been denied shall be conclusive in connection with any petition for enforcement ((which)) that is filed by the director after the expiration of ((such)) the thirty-day period. In any such case, as well as in the case of an unappealed citation or a notification of the assessment of a penalty by the director, which has become a final order under ((subsection (1) or (2) of)) RCW 49.17.140 (1) or (2) upon application of the director, the clerk of the court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the citation and notice of assessment of penalty and shall transmit a copy of ((such)) the decree to the director and the employer named in the director's petition. In any contempt proceeding brought to enforce a decree of the superior court entered ((pursuant to)) under this ((subsection or subsection (1) of this)) section, the superior court may assess the penalties provided in RCW 49.17.180, in addition to invoking any other available remedies.

Sec. 47   RCW 49.17.160 and 1973 c 80 s 16 are each amended to read as follows:
     (1) No person shall discharge or in any manner discriminate against any employee because ((such)) the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding or because of the exercise by ((such)) the employee on behalf of himself, herself, or others of any right afforded by this chapter.
     (2) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty days after ((such)) the violation occurs, file a complaint with the director alleging ((such)) discrimination. Upon receipt of ((such)) the complaint, the director shall ((cause such investigation to be made)) investigate as he or she deems appropriate. If upon ((such)) investigation, the director determines that ((the provisions of)) this section ((have)) has been violated, he or she shall bring an action in the superior court of the county where((in)) the violation is alleged to have occurred against the person or persons who ((is)) are alleged to have violated ((the provisions of)) this section. If the director determines that ((the provisions of)) this section ((have)) has not been violated, the employee may institute the action on his or her own behalf within thirty days of ((such)) the determination. In any such action the superior court ((shall have)) has jurisdiction, for cause shown, to restrain violations of subsection (1) of this section and order all appropriate relief including rehiring or reinstatement of the employee to his or her former position with back pay.
     (3) Within ninety days of the receipt of the complaint filed under this section, the director shall notify the complainant of his or her determination under subsection (2) of this section.

Sec. 48   RCW 49.17.170 and 1973 c 80 s 17 are each amended to read as follows:
     (1) In addition to and after having invoked the powers of restraint vested in the director as provided in RCW 49.17.130 the superior courts of the state of Washington ((shall)) have jurisdiction upon petition of the director, through the attorney general, to enjoin any condition or practice in any workplace from which there is a substantial probability that death or serious physical harm could result to any employee immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove ((such)) the danger and prohibit the employment or presence of any individual in locations or under conditions where ((such)) the danger exists, except individuals whose presence is necessary to avoid, correct, or remove ((such)) the danger or to maintain the capacity of a continuous process operation to resume normal operation without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.
     (2) Upon the filing of any such petition the superior courts of the state of Washington ((shall)) have jurisdiction to grant ((such)) injunctive relief or a temporary restraining order pending the outcome of enforcement proceedings ((pursuant to)) under this chapter, except that no temporary restraining order issued without notice shall be effective for a period longer than five working days.
     (3) Whenever and as soon as any authorized representative of the director concludes that a condition or practice described in subsection (1) exists in any workplace, he or she shall inform the affected employees and employers of the danger and may recommend to the director that relief be sought under this section.
     (4) If the director arbitrarily or capriciously fails to invoke his or her restraining authority under RCW 49.17.130 or fails to seek relief under this section, any employee who may be injured by reason of ((such)) the failure, or the representative of ((such)) the employees, may bring an action against the director in the superior court for the county in which the danger is alleged to exist for a writ of mandamus to compel the director to seek such an order and for ((such)) further relief as may be appropriate or seek the director to exercise his or her restraining authority under RCW 49.17.130.

Sec. 49   RCW 49.17.180 and 1995 c 403 s 629 are each amended to read as follows:
     (1) Except as provided in RCW 43.05.090, any employer who willfully or repeatedly violates the requirements of RCW 49.17.060, of any safety or health standard ((promulgated under the authority of)) adopted under this chapter, of any existing rule ((or regulation)) governing the conditions of employment ((promulgated)) adopted by the department, or of any order issued granting a variance under RCW 49.17.080 or 49.17.090 may be assessed a civil penalty not to exceed seventy thousand dollars for each violation. A minimum penalty of five thousand dollars shall be assessed for a willful violation.
     (2) Any employer who has received a citation for a serious violation of the requirements of RCW 49.17.060, of any safety or health standard ((promulgated under the authority of)) adopted under this chapter, of any existing rule ((or regulation)) governing the conditions of employment ((promulgated)) adopted by the department, or of any order issued granting a variance under RCW 49.17.080 or 49.17.090 as determined in accordance with subsection (6) of this section, shall be assessed a civil penalty not to exceed seven thousand dollars for each ((such)) violation.
     (3) Any employer who has received a citation for a violation of the requirements of RCW 49.17.060, of any safety or health standard ((promulgated)) adopted under this chapter, of any existing rule ((or regulation)) governing the conditions of employment ((promulgated)) adopted by the department, or of any order issued granting a variance under RCW 49.17.080 or 49.17.090, where ((such)) the violation is specifically determined not to be of a serious nature as provided in subsection (6) of this section, may be assessed a civil penalty not to exceed seven thousand dollars for each ((such)) violation, unless ((such)) the violation is determined to be de minimis.
     (4) Any employer who fails to correct a violation for which a citation has been issued under RCW 49.17.120 or 49.17.130 within the period permitted for its correction, which period shall not begin to run until the date of the final order of the board of industrial insurance appeals in the case of any review proceedings under this chapter initiated by the employer in good faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty of not more than seven thousand dollars for each day during which ((such)) the failure or violation continues.
     (5) Any employer who violates any of the posting requirements of this chapter, or any of the posting requirements of rules ((promulgated)) adopted by the department ((pursuant to)) under this chapter related to employee or employee representative's rights to notice, including but not limited to those employee rights to notice set forth in RCW 49.17.080, 49.17.090, 49.17.120, 49.17.130, 49.17.220(1) and 49.17.240(2), shall be assessed a penalty not to exceed seven thousand dollars for each ((such)) violation. Any employer who violates any of the posting requirements for the posting of informational, educational, or training materials under the authority of RCW 49.17.050(7), may be assessed a penalty not to exceed seven thousand dollars for each ((such)) violation.
     (6) For the purposes of this section, a serious violation ((shall be deemed to)) exists in a workplace if there is a substantial probability that death or serious physical harm could result from a condition ((which)) that exists, or from one or more practices, means, methods, operations, or processes ((which)) that have been adopted or are in use in ((such)) the workplace, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
     (7) The director, or his or her authorized representatives, ((shall have authority to)) may assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the number of affected employees of the employer being charged, the gravity of the violation, the size of the employer's business, the good faith of the employer, and the history of previous violations.
     (8) Civil penalties imposed under this chapter shall be paid to the director for deposit in the supplemental pension fund established by RCW 51.44.033. Civil penalties may be recovered in a civil action in the name of the department brought in the superior court of the county where the violation is alleged to have occurred, or the department may ((utilize)) use the procedures for collection of civil penalties ((as)) set forth in RCW 51.48.120 through 51.48.150.

Sec. 50   RCW 49.17.190 and 1986 c 20 s 3 are each amended to read as follows:
     (1) Any person who gives advance notice of any inspection to be conducted under ((the authority of)) this chapter, without the consent of the director or his or her authorized representative, ((shall, upon conviction be)) is guilty of a gross misdemeanor ((and be punished)) punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both.
     (2) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained ((pursuant to)) under this chapter ((shall, upon conviction be)) is guilty of a gross misdemeanor ((and be punished)) punishable by a fine of not more than ten thousand dollars, or by imprisonment for not more than six months, or by both.
     (3) Any employer who willfully and knowingly violates the requirements of RCW 49.17.060, any safety or health standard ((promulgated)) adopted under this chapter, any existing rule ((or regulation)) governing the safety or health conditions of employment and adopted by the director, or any order issued granting a variance under RCW 49.17.080 or 49.17.090 and that violation caused death to any employee ((shall, upon conviction be)) is guilty of a gross misdemeanor ((and be punished)) punishable by a fine of not more than one hundred thousand dollars or by imprisonment for not more than six months, or by both((; except, that)). However, if the conviction is for a violation committed after a first conviction of ((such)) the person, punishment shall be a fine of not more than two hundred thousand dollars or by imprisonment for not more than one year, or by both.
     (4) Any employer who has been issued an order immediately restraining a condition, practice, method, process, or means in the workplace, ((pursuant to)) under RCW 49.17.130 or 49.17.170, and who nevertheless continues ((such)) the condition, practice, method, process, or means, or who continues to use a machine or equipment or part thereof to which a notice prohibiting ((such)) the use has been attached, ((shall be)) is guilty of a gross misdemeanor((, and upon conviction shall be punished)) punishable by a fine of not more than ten thousand dollars or by imprisonment for not more than six months, or by both.
     (5) Any employer who ((shall)) knowingly removes, displaces, damages, or destroys, or causes to be removed, displaced, damaged, or destroyed, any safety device or safeguard required to be present and maintained by any safety or health standard, rule, or order ((promulgated pursuant to)) adopted under this chapter, or ((pursuant to)) under the authority vested in the director under RCW 43.22.050 ((shall, upon conviction, be)) is guilty of a misdemeanor ((and be punished)) punishable by a fine of not more than one thousand dollars or by imprisonment for not more than ninety days, or by both.
     (6) Whenever the director has reasonable cause to believe that any provision of this section defining a crime has been violated by an employer, the director shall cause a record of ((such)) the alleged violation to be prepared, a copy of which shall be referred to the prosecuting attorney of the county ((wherein such)) where the alleged violation occurred, and the prosecuting attorney of ((such)) the county shall in writing advise the director of the disposition he ((shall)) or she makes of the alleged violation.

Sec. 51   RCW 49.17.200 and 1973 c 80 s 20 are each amended to read as follows:
     All information reported to or otherwise obtained by the director, or ((his)) the director's authorized representative, in connection with any inspection or proceeding under ((the authority of)) this chapter, ((which)) that contains or ((which)) that might reveal a trade secret ((shall be considered)) is confidential, except that ((such)) this information may be disclosed to other officers or employees concerned with carrying out this chapter, or when relevant in any proceeding under this chapter. In any such proceeding the director, the board of industrial insurance appeals, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.

Sec. 52   RCW 49.17.210 and 1991 c 89 s 1 are each amended to read as follows:
     The director ((is authorized to)) may conduct, either directly or by grant or contract, research, experiments, and demonstrations as may be of aid and assistance in the furtherance of the objects and purposes of this chapter. Employer identity, employee identity, and personal identifiers of voluntary participants in research, experiments, and demonstrations ((shall be deemed)) are confidential and ((shall)) are not ((be)) open to public inspection. Information obtained from ((such)) these voluntary activities ((shall not be deemed to be)) is not medical information for the purpose of RCW 51.36.060 and ((shall be deemed)) is confidential and ((shall)) not ((be)) open to public inspection. The director, in his or her discretion, ((is authorized to)) may grant a variance from any rule ((or regulation)) or portion thereof, whenever he or she determines that ((such)) a variance is necessary to permit an employer to participate in an experiment approved by the director, and the experiment is designed to demonstrate or validate new and improved techniques to safeguard the health or safety of employees. Any ((such)) variance shall require that all due regard be given to the health and safety of all employees participating in any experiment.

Sec. 53   RCW 49.17.220 and 1973 c 80 s 22 are each amended to read as follows:
     (1) Each employer shall make, keep, and preserve, and make available to the director ((such)) records regarding his or her activities relating to this chapter as the director may prescribe by ((regulation)) rule as necessary or appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out ((the provisions of)) this section ((such regulations)), these rules may include provisions requiring employers to conduct periodic inspections. The director shall also ((issue regulations)) adopt rules requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable safety and health standards.
     (2) The director shall ((prescribe regulations)) adopt rules requiring employers to maintain accurate records, and to make periodic reports of work-related deaths, and of injuries and illnesses other than minor injuries requiring only first aid treatment and ((which)) that do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.
     (3) The director shall ((issue regulations)) adopt rules requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents ((which)) that are required to be monitored or measured. ((Such regulations)) These rules shall provide employees or their representatives with an opportunity to observe ((such)) the monitoring or measuring, and to have access to ((the)) their records ((thereof)). ((Such regulations)) The rules shall also make appropriate provisions for each employee or former employee to have access to ((such)) records ((as will)) that indicate his or her own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels ((which)) that exceed those prescribed by any applicable safety and health standard ((promulgated)) adopted under this chapter and shall inform any employee who is being thus exposed of the corrective action being taken.

Sec. 54   RCW 49.17.230 and 1973 c 80 s 23 are each amended to read as follows:
     The director ((is authorized to)) may adopt by rule any provision reasonably necessary to enable this state to qualify a state plan under section 18 of the occupational safety and health act of 1970 (((Public Law)) P.L. 91-596, 84 Stat. 1590) to enable this state to assume the responsibility for the development and enforcement of occupational safety and health standards in all workplaces within this state subject to the legislative jurisdiction of the state of Washington. The director ((is authorized to)) may enter into agreement with the United States and to accept on behalf of the state of Washington grants of funds to implement the development and enforcement of this chapter and the occupational safety and health act of 1970.

Sec. 55   RCW 49.17.240 and 1973 c 80 s 24 are each amended to read as follows:
     (1) The director in ((the promulgation of)) adopting rules under ((the authority of)) this chapter shall establish safety and health standards for conditions of employment of general ((and/or)) or specific applicability for all industries, businesses, occupations, crafts, trades, and employments subject to ((the provisions of)) this chapter, or those that are a national or accepted federal standard. In adopting safety and health standards for conditions of employment, the director shall solicit and give due regard to all recommendations by any employer, employee, or labor representative of employees.
     (2) Any safety and health standard adopted by rule of the director shall, where appropriate, prescribe the use of labels or other forms of warning to insure that employees are apprised of all hazards to which they may be exposed, relevant symptoms, and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. Where appropriate, ((such)) the rules shall ((so)) prescribe suitable protective equipment and control or technological procedures to be used in connection with ((such)) the hazards and shall provide for monitoring or measuring employee exposure at ((such)) the locations and intervals, and in ((such)) a manner as may be reasonably necessary for the protection of employees. In addition, where appropriate, ((any such)) the rules shall prescribe the type and frequency of medical examinations or other tests ((which)) that shall be made available, by the employer or at his or her cost, to employees exposed to such hazards in order to most effectively determine whether the health of ((such)) the employees is adversely affected by ((such)) the exposure. ((In the event that such)) If medical examinations are in the nature of research, as determined by the director, ((such)) the examinations may be furnished at the expense of the department. The results of ((such)) examinations or tests shall be furnished only to the director, other appropriate agencies of government, and at the request of the employee to his or her physician.
     (3) Whenever the director adopts by rule any safety and health standard he or she may at the same time provide by rule the effective date of ((such)) the standard, which shall not be less than thirty days, excepting emergency rules, but may be made effective at such time in excess of thirty days from the date of adoption as specified in any rule adopting a safety and health standard. Any rule not made effective thirty days after adoption, having a delayed effectiveness in excess of thirty days, may only be made upon a finding made by the director that ((such)) delayed effectiveness of the rule is reasonably necessary to afford the affected employers a reasonable opportunity to make changes in methods, means, or practices to meet the requirements of the adopted rule. Temporary orders granting a variance may be utilized by the director in lieu of the delayed effectiveness in the adoption of any rule.

Sec. 56   RCW 49.17.250 and 1991 c 89 s 2 are each amended to read as follows:
     (1) In carrying out the responsibilities for the development of a voluntary compliance program under ((the authority of)) RCW 49.17.050(8) and the rendering of advisory and consultative services to employers, the director may grant an employer's application for advice and consultation, and for the purpose of affording such consultation and advice visit the employer's workplace. Such consultation and advice shall be limited to the matters specified in the request affecting the interpretation and applicability of safety and health standards to the conditions, structures, machines, equipment, apparatus, devices, materials, methods, means, and practices in the employer's workplace. The director in granting any requests for consultative or advisory service may provide for an alternative means of affording consultation and advice other than on-site consultation.
     (2) The director, or an authorized representative, will make recommendations regarding the elimination of any hazards disclosed within the scope of the on-site consultation. No visit to an employer's workplace shall be regarded as an inspection or investigation under ((the authority of)) this chapter, and no notices or citations shall be issued, nor, shall any civil penalties be assessed upon such visit, nor shall any authorized representative of the director designated to render advice and consult with employers under the voluntary compliance program have any enforcement authority((: PROVIDED, That in the event)). If an on-site visit discloses a serious violation of a health and safety standard as defined in RCW 49.17.180(6), and the hazard of ((such)) the violation is either not abated by the cooperative action of the employer, or, is not subject to being satisfactorily abated by the cooperative action of the employer, the director shall either invoke the administrative restraining authority provided in RCW 49.17.130 or seek the issuance of injunctive process under the authority of RCW 49.17.170 or invoke both ((such)) remedies.
     (3) ((Nothing in)) This section ((shall be construed as providing)) does not provide immunity to any employer who has ((made application)) applied for consultative services during the pendency of the granting of such application from inspections or investigations conducted under RCW 49.17.070 or any inspection conducted as a result of a complaint, nor immunity from inspections under RCW 49.17.070 or inspections resulting from a complaint subsequent to the conclusion of the consultative period. This section ((shall not be construed as requiring)) does not require an inspection under RCW 49.17.070 of any workplace ((which)) that has been visited for consultative purposes. However, in the event of a subsequent inspection, the director, or an authorized representative, may in his or her discretion take into consideration any information obtained during the consultation visit of that workplace in determining the nature of an alleged violation and the amount of penalties to be assessed, if any. ((Such)) Rules ((and regulations to be promulgated pursuant to)) adopted under this section shall provide that in all instances of serious violations as defined in RCW 49.17.180(6) which are disclosed in any consultative period, shall be corrected within a specified period of time at the expiration of which an inspection will be conducted under ((the authority of)) RCW 49.17.070. All employers requesting consultative services shall be advised of the provisions of this section and the rules adopted by the director relating to the voluntary compliance program. Information obtained by the department as a result of employer-requested consultation and training services ((shall be deemed)) is confidential and ((shall)) not ((be)) open to public inspection. Within thirty days of receipt, the employer shall make voluntary services reports available to employees or their collective bargaining representatives for review. Employers may satisfy the availability requirement by requesting a copy of the reports from the department. The director may provide by rule for the frequency, manner, and method of the rendering of consultative services to employers, and for the scheduling and priorities in granting applications consistent with the availability of personnel, and in ((such)) a manner as not to jeopardize the enforcement requirements of this chapter.

Sec. 57   RCW 49.17.260 and 1973 c 80 s 26 are each amended to read as follows:
     In furtherance of the objects and purposes of this chapter, the director shall develop and maintain an effective program of collection, compilation, and analysis of industrial safety and health statistics. The director, or his or her authorized representative, shall investigate and analyze industrial catastrophes, serious injuries, and fatalities occurring in any workplace subject to this chapter, in an effort to ascertain whether ((such)) the injury or fatality occurred as the result of a violation of this chapter, or any safety and health standard, rule, or order ((promulgated pursuant to)) adopted under this chapter, or if not, whether a safety and health standard or rule should be ((promulgated)) adopted for application to such circumstances. The director shall adopt rules relating to the conducting and reporting of ((such)) these investigations. ((Such)) The investigative report ((shall be deemed)) is confidential and only available upon order of the superior court after notice to the director and an opportunity for hearing((: PROVIDED, That such)). However, investigative reports shall be made available without the necessity of obtaining a court order, to: Employees of governmental agencies in the performance of their official duties((, to)); the injured ((workman or)) worker, his or her legal representative or ((his)) labor organization representative((, or to)); the legal representative or labor organization representative of a deceased ((workman)) worker who was the subject of an investigation((, or to)); the employer of the injured or deceased ((workman)) worker or any other employer or person whose actions or business operation is the subject of the report of investigation((,)); or any attorney representing a party in any pending legal action in which an investigative report constitutes relevant and material evidence in ((such)) the legal action.

Sec. 58   RCW 49.17.270 and 1973 c 80 s 27 are each amended to read as follows:
     The department ((shall be)) is the sole and paramount administrative agency responsible for the administration of ((the provisions of)) this chapter((, and)). Any other agency of the state or any municipal corporation or political subdivision of the state having administrative authority over the inspection, survey, investigation, or any regulatory or enforcement authority of safety and health standards related to the health and safety of employees in any workplace subject to this chapter, ((shall be required, notwithstanding any statute to the contrary, to)) must exercise ((such)) the authority ((as)) provided in this chapter and subject to interagency agreement or agreements with the department made under the authority of the interlocal cooperation act (chapter 39.34 RCW) relative to the procedures to be followed in the enforcement of this chapter((: PROVIDED, That)). In relation to employers using or possessing sources of ionizing radiation the department ((of labor and industries)) and the department of social and health services shall agree upon mutual policies((,)) and rules((, and regulations)) compatible with policies((,)) and rules((, and regulations)) adopted ((pursuant to)) under chapter 70.98 RCW insofar as ((such)) the policies((,)) and rules((, and regulations)) are not inconsistent with ((the provisions of )) this chapter.

Sec. 59   RCW 49.17.280 and 1996 c 260 s 2 are each amended to read as follows:
     (1) As used in this section, "federal worker protection standard" or "federal standard" means the worker protection standard for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection agency in 40 C.F.R., part 170 as it exists on June 6, 1996.
     (2)(a) No rule adopted under this chapter may impose requirements that make compliance with the federal worker protection standard impossible.
     (b) The department shall adopt by rule safety and health standards that are at least as effective as the federal standard. Standards adopted by the department under this section shall be adopted in coordination with the department of agriculture.
     (3) If a violation of the federal worker protection standard, or of state rules regulating activities governed by the federal standard, is investigated by the department and by the department of agriculture, the agencies shall conduct a joint investigation if feasible, and shall share relevant information. However, an investigation conducted by the department under Title 51 RCW solely with regard to industrial insurance ((shall not be considered to be)) is not an investigation by the department for this purpose. The agencies shall not issue duplicate citations to an individual or business for the same violation of the federal standard or state rules regulating activities governed by the federal standard. ((By December 1, 1996,)) The department and the department of agriculture shall jointly establish a formal agreement that: Identifies the roles of each of the two agencies in conducting investigations of activities governed by the federal standard; and provides for protection of workers and enforcement of standards that is at least as effective as provided to all workers under this chapter. The department's role under the agreement shall not extend beyond protection of safety and health in the workplace as provided under this chapter.

Sec. 60   RCW 49.17.285 and 2004 c 272 s 1 are each amended to read as follows:
     Employers whose employees receive medical monitoring under chapter 296-307 WAC, Part J-1, shall submit records to the department ((of labor and industries)) each month indicating the name of each worker tested, the number of hours that each worker handled covered pesticides during the thirty days ((prior to)) before testing, and the number of hours that each worker handled covered pesticides during the current calendar year. The department ((of labor and industries)) shall work with the department of health to correlate this data with each employee's test results. ((No later than January 1, 2005,)) The department of labor and industries shall require employers to report this data to the physician or other licensed health care professional and department of health public health laboratory or other approved laboratory when each employee's cholinesterase test is taken. The department shall also require employers to provide each employee who receives medical monitoring with: (1) A copy of the data that the employer reports for that employee upon that employee's request; and (2) access to the records on which the employer's report is based.

Sec. 61   RCW 49.17.300 and 1998 c 37 s 3 are each amended to read as follows:
     ((By December 1, 1998,)) The department ((of labor and industries)) shall adopt rules requiring electricity in all temporary worker housing and establishing minimum requirements to ensure the safe storage, handling, and preparation of food in these camps, regardless of whether individual or common cooking facilities are in use.

Sec. 62   RCW 49.17.320 and 1999 c 374 s 4 are each amended to read as follows:
     ((By December 1, 1999,)) The department and the department of health shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards.
     The agreement shall, to the extent feasible, provide for inspection and enforcement actions by a single agency, and shall include measures to avoid multiple citations for the same violation.
     For the purposes of this section, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020.

Sec. 63   RCW 49.17.350 and 2000 c 239 s 2 are each amended to read as follows:
     (1) The director ((of the department of labor and industries)) shall adopt permanent rules ((that take effect no later than March 1, 2001,)) revising ((any)) safety standards governing flaggers.
     (2) The transportation commission shall adopt permanent rules ((that take effect no later than March 1, 2001,)) revising ((any)) safety standards governing flaggers.
     (3) The utilities and transportation commission shall adopt permanent rules ((that take effect no later than March 1, 2001,)) revising ((any)) safety standards and employment qualifications governing flaggers.
     (4) The ((permanent)) rules adopted ((pursuant to)) under this section shall be designed to improve options available to ensure the safety of flaggers, ensure that flaggers have adequate visual warning of objects approaching from behind them, and, with respect to the utilities and transportation commission rules, update employment qualifications for flaggers.
     (5) In developing ((permanent)) rules adopted ((pursuant to)) under this section, state agencies and commissions shall consult with other persons with an interest in improving safety standards and updating employment qualifications for flaggers. State agencies and commissions shall coordinate and make consistent, to the extent possible, permanent rules. ((State agencies and commissions shall report, by April 22, 2001, to the senate labor and workforce development committee and the house of representatives commerce and labor committee on the permanent rules adopted pursuant to this section.))

Sec. 64   RCW 49.19.020 and 1999 c 377 s 3 are each amended to read as follows:
     (1) ((By July 1, 2000,)) Each health care setting shall develop and implement a plan to reasonably prevent and protect employees from violence at the setting. The plan shall address security considerations related to the following items, as appropriate to the particular setting, based upon the hazards identified in the assessment required under subsection (2) of this section:
     (a) The physical attributes of the health care setting;
     (b) Staffing, including security staffing;
     (c) Personnel policies;
     (d) First aid and emergency procedures;
     (e) The reporting of violent acts; and
     (f) Employee education and training.
     (2) Before the development of the plan required under subsection (1) of this section, each health care setting shall conduct a security and safety assessment to identify existing or potential hazards for violence and determine the appropriate preventive action to be taken. The assessment shall include, but is not limited to, a measure of the frequency of, and an identification of the causes for and consequences of, violent acts at the setting during at least the preceding five years or for the years records are available for assessments involving home health, hospice, and home care agencies.
     (3) In developing the plan required by subsection (1) of this section, the health care setting may consider any guidelines on violence in the workplace or in health care settings issued by the department of health, the department of social and health services, the department of labor and industries, the federal occupational safety and health administration, medicare, and health care setting accrediting organizations.

Sec. 65   RCW 49.19.030 and 1999 c 377 s 4 are each amended to read as follows:
     ((By July 1, 2001, and)) On a regular basis ((thereafter)), as set forth in the plan developed under RCW 49.19.020, each health care setting shall provide violence prevention training to all its affected employees as determined by the plan. The training shall occur within ninety days of the employee's initial hiring date unless he or she is a temporary employee. For temporary employees, training would take into account unique circumstances. The training may vary by the plan and may include, but is not limited to, classes, videotapes, brochures, verbal training, or other verbal or written training that is determined to be appropriate under the plan. The training shall address the following topics, as appropriate to the particular setting and to the duties and responsibilities of the particular employee being trained, based upon the hazards identified in the assessment required under RCW 49.19.020:
     (1) General safety procedures;
     (2) Personal safety procedures;
     (3) The violence escalation cycle;
     (4) Violence-predicting factors;
     (5) Obtaining patient history from a patient with violent behavior;
     (6) Verbal and physical techniques to de-escalate and minimize violent behavior;
     (7) Strategies to avoid physical harm;
     (8) Restraining techniques;
     (9) Appropriate use of medications as chemical restraints;
     (10) Documenting and reporting incidents;
     (11) The process whereby employees affected by a violent act may debrief;
     (12) Any resources available to employees for coping with violence; and
     (13) The health care setting's workplace violence prevention plan.

Sec. 66   RCW 49.19.040 and 1999 c 377 s 5 are each amended to read as follows:
     ((Beginning no later than July 1, 2000,)) Each health care setting shall keep a record of any violent act against an employee, a patient, or a visitor occurring at the setting. At a minimum, the record shall include:
     (1) The health care setting's name and address;
     (2) The date, time, and specific location at the health care setting where the act occurred;
     (3) The name, job title, department or ward assignment, and staff identification or social security number of the victim if an employee;
     (4) A description of the person against whom the act was committed as:
     (a) A patient;
     (b) A visitor;
     (c) An employee; or
     (d) Other;
     (5) A description of the person committing the act as:
     (a) A patient;
     (b) A visitor;
     (c) An employee; or
     (d) Other;
     (6) A description of the type of violent act as a:
     (a) Threat of assault with no physical contact;
     (b) Physical assault with contact but no physical injury;
     (c) Physical assault with mild soreness, surface abrasions, scratches, or small bruises;
     (d) Physical assault with major soreness, cuts, or large bruises;
     (e) Physical assault with severe lacerations, a bone fracture, or a head injury; or
     (f) Physical assault with loss of limb or death;
     (7) An identification of any body part injured;
     (8) A description of any weapon used;
     (9) The number of employees in the vicinity of the act when it occurred; and
     (10) A description of actions taken by employees and the health care setting in response to the act. Each record shall be kept for at least five years following the act reported, during which time it shall be available for inspection by the department upon request.

Sec. 67   RCW 49.22.010 and 1989 c 357 s 1 are each amended to read as follows:
     ((As used in this chapter, the following terms have the meanings indicated)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of labor and industries.
     (2) "Late night retail establishment" means any business or commercial establishment making sales to the public between the hours of eleven o'clock p.m. and six o'clock a.m., except restaurants, hotels, taverns, or any lodging facility.
     (3) "Employer" means the operator, lessee, or franchisee of a late night retail establishment.

Sec. 68   RCW 49.22.020 and 1989 c 357 s 3 are each amended to read as follows:
     ((In addition to providing crime prevention training as provided in section 2 of this act,)) All employers operating late night retail establishments shall:
     (1) Post a conspicuous sign in the window or door ((which)) that states ((that)) there is a safe on the premises and it is not accessible to the employees on the premises and that the cash register contains only the minimal amount of cash needed to conduct business((: PROVIDED, That)). An employer ((shall not be)) is not subject to penalties under RCW 49.22.030 for having money((s)) in the cash register in excess of the minimal amount needed to conduct business;
     (2) ((So)) Arrange all material posted in the window or door so as to provide a clear and unobstructed view of the cash register, provided the cash register is otherwise in a position visible from the street;
     (3) Have a drop-safe, limited access safe, or comparable device on the premises; and
     (4) Operate the outside lights for that portion of the parking area that is necessary to accommodate customers during all night hours the late night retail establishment is open, if the late night retail establishment has a parking area for its customers.

Sec. 69   RCW 49.24.010 and 1937 c 131 s 1 are each amended to read as follows:
     ((The term)) For the purposes of this chapter, "pressure" means gauge air pressure in pounds per square inch.

Sec. 70   RCW 49.24.020 and 1937 c 131 s 2 are each amended to read as follows:
     Every employer of persons for work in compressed air shall:
     (1) Connect at least two air pipes with the working chamber and keep such pipes in perfect working condition;
     (2) Attach to the working chamber in accessible positions all instruments necessary to show its pressure and keep ((such)) the instruments in charge of competent persons, with a period of duty for each ((such)) person not exceeding six hours in any twenty-four;
     (3) Place in each shaft a safe ladder extending its entire length;
     (4) Light properly and keep the passageway clear ((such passageway));
     (5) Provide independent lighting systems for the working chamber and shaft leading to it, when electricity is used for lighting;
     (6) Guard lights other than electric lights;
     (7) Protect ((workmen)) workers by a shield erected in the working chamber when ((such)) the chamber is less than ten feet long and is suspended with more than nine feet space between its deck and the bottom of the excavation;
     (8) Provide for and keep accessible to employees working in compressed air a dressing room heated, lighted, and ventilated properly and supplied with benches, lockers, sanitary waterclosets, bathing facilities, and hot and cold water; and
     (9) Establish and maintain a medical lock properly heated, lighted, ventilated, and supplied with medicines and surgical implements, when the maximum air pressure exceeds seventeen pounds.

Sec. 71   RCW 49.24.040 and 1937 c 131 s 4 are each amended to read as follows:
     If an employee is a new employee, an absentee for ten or more successive days, an employee who has worked in compressed air continuously for three months or a beginner in compressed air who has worked but a single ((shaft [shift] as required by RCW 49.24.050)) shift, the officer required by RCW 49.24.030(1) shall examine ((him)) the employee and declare him or her physically fit to work in compressed air before permitting ((him)) the employee to enter or reenter the working chamber. Excessive users of intoxicants shall not be permitted to work in compressed air.

Sec. 72   RCW 49.24.060 and 1937 c 131 s 7 are each amended to read as follows:
     Violation of or noncompliance with any provision of ((this article)) RCW 49.24.010 through 49.24.070 by any employer, manager, superintendent, ((foreman)) foreperson, or other person having direction or control of ((such)) the work ((shall be)) is a gross misdemeanor punishable by a fine of not less than two hundred ((and)) fifty dollars or by imprisonment for not more than one year, or by both ((such)) a fine and imprisonment.

Sec. 73   RCW 49.24.070 and 1994 c 164 s 23 are each amended to read as follows:
     The director of labor and industries shall ((have the power and it shall be the director's duty to)) enforce the provisions of RCW 49.24.010 through 49.24.070. Any authorized inspector or agent of the department may issue and serve upon the employer or person in charge of ((such)) the work, an order requiring compliance with ((a special)) any provision ((or specific provisions)) of RCW 49.24.010 through 49.24.070 and directing the discontinuance of any employment of persons in compressed air in connection with ((such)) the work until ((such specific)) the provision ((or provisions have)) has been complied with by ((such)) the employer to the satisfaction of the department.

Sec. 74   RCW 49.24.080 and 1973 1st ex.s. c 154 s 89 are each amended to read as follows:
     Every person, firm, or corporation constructing, building, or operating a tunnel, quarry, caisson, or subway, excepting in connection with mines, with or without compressed air, shall in the employment of any labor comply with the following safety provisions:
     (1) A safety miner shall be selected by the crew on each shift who shall check the conditions necessary to make the ((working place)) workplace safe; such as loose rock, faulty timbers, poor rails, lights, ladders, scaffolds, fan pipes, and firing lines.
     (2) Ventilating fans shall be installed from twenty-five to one hundred feet outside the portal.
     (3) No employee shall be allowed to "bar down" without the assistance of another employee.
     (4) No employee shall be permitted to return to the heading until at least thirty minutes after blasting.
     (5) Whenever persons are employed in wet places, the employer shall furnish ((such)) those persons with rubbers, boots, coats, and hats. All boots if worn previously by an employee shall be sterilized before being furnished to another((: PROVIDED, That)). RCW 49.24.080 through 49.24.380 ((shall)) do not apply to the operation of a railroad except that new construction of tunnels, caissons, or subways in connection therewith ((shall be)) are subject to ((the provisions of)) RCW 49.24.080 through 49.24.380((: PROVIDED, FURTHER, That in the event of)). If repair work is being done in a railroad tunnel, no person shall be compelled to perform labor until the air has been cleared of smoke, gas, and fumes.

Sec. 75   RCW 49.24.150 and 1941 c 194 s 8 are each amended to read as follows:
     When locking explosives and detonators into the air chamber, they shall be kept at opposite ends of the lock. While explosives and detonators are being taken through, no ((men)) persons other than the lock tender and the carriers ((shall be)) are permitted in the lock.

Sec. 76   RCW 49.24.170 and 1941 c 194 s 10 are each amended to read as follows:
     When electric power is used for running compressors supplying air for compressed air tunnel work and ((such)) the power is purchased from a local central station or power company((--));
     (1) There shall be two or more sources of power from the power company's stations to the compressor plant. ((Such)) The power feeders shall each have a capacity large enough to carry the entire compressor plant load and normal overload. The feeders shall preferably run from separate generating plants or substations and be carried to the compressor plant over separate routes and not through the same duct lines and manholes so that the breakdown of one feeder shall not cause an interruption on the other feeder((.));
     (2) There shall be duplicate feeder bus-bars, and feeder connections to the bus-bars shall be such that either feeder can feed to each separate bus-bar set, individually, or simultaneously to both sets((.));
     (3) There shall be at least two compressors so connected to the bus-bars that they can be operated from either set of busses. The compressors shall be fed from different bus-bar sets, in such a way that a breakdown of a feeder or bus-bar would interrupt the operation of only part of the compressor plant((.)); and
     (4) Duplicate air feed pipes shall be provided from the compressor plant to a point beyond the lock.

Sec. 77   RCW 49.24.180 and 1941 c 194 s 11 are each amended to read as follows:
     While work is in progress, the employer shall employ a competent person who shall make a regular inspection at least once every working day of all engines, boilers, steam pipes, drills, air pipes, air gauges, air locks, dynamos, electric wiring, signaling apparatus, brakes, cages, buckets, hoists, cables, ropes, timbers, supports, and all other apparatus and appliances; and he or she shall immediately upon discovery of any defect, report ((same)) the defect in writing to the employer, or his or her agent in charge.

Sec. 78   RCW 49.24.190 and 1941 c 194 s 12 are each amended to read as follows:
     No employee shall ride on any loaded car, cage, or bucket, nor walk up or down any incline or shaft while any car, cage, or bucket is above him or her.

Sec. 79   RCW 49.24.220 and 1941 c 194 s 15 are each amended to read as follows:
     (1) No greater quantity of explosives than that which is required for immediate use shall be taken into the working chamber.
     (2) Explosives shall be conveyed in a suitable covered wooden box.
     (3) Detonators shall be conveyed in a separate covered wooden box.
     (4) Explosives and detonators shall be taken separately into the caissons.
     (5) After blasting is completed, all explosives and detonators shall be returned at once to the magazine.
     (6) No naked light shall be used in the vicinity of open chests or magazines containing explosives, nor near where a charge is being primed.
     (7) No tools or other articles shall be carried with the explosives or with the detonators.
     (8) All power lines and electric light wires shall be disconnected at a point outside the blasting switch before the loading of holes. No current by grounding of power or bonded rails ((shall be)) is allowed beyond blasting switch after explosives are taken in preparatory to blasting, and under no circumstances shall grounded current be used for exploding blasts.
     (9) Before drilling is commenced on any shift, all remaining holes shall be examined with a wooden stick for unexploded charges or cartridges, and if any are found, ((same)) they shall be refired before work proceeds.
     (10) No person ((shall be)) is allowed to deepen holes that have previously contained explosives.
     (11) All wires in broken rock shall be carefully traced and search made for unexploded cartridges.
     (12) Whenever blasting is being done in a tunnel, at points liable to break through to where other ((men)) persons are at work, the ((foreman or)) person in charge shall, before any holes are loaded, give warning of danger to all persons that may be working where the blasts may break through, and he or she shall not allow any holes to be charged until warning is acknowledged and ((men)) persons are removed.
     (13) Blasters when testing circuit through charged holes shall use sufficient leading wires to be at a safe distance and shall use only approved types of galvanometers. No tests of circuits in charged holes shall be made until ((men)) persons are removed to a safe distance.
     (14) No blasts shall be fired with a fuse, except an electrically ignited fuse, in vertical or steep shafts.
     (15) In shaft sinking where the electric current is used for firing, a separate switch not controlling any electric lights must be used for blasting and proper safeguards similar to those in tunnels must be followed in order to ((insure)) ensure against premature firing.

Sec. 80   RCW 49.24.230 and 1941 c 194 s 16 are each amended to read as follows:
     (1) When firing by electricity from power or lighting wires, a proper switch shall be furnished with lever down when "off."
     (2) The switch shall be fixed in a locked box to which no person ((shall have)) has access except the blaster. There shall be provided flexible leads or connecting wires not less than five feet in length with one end attached to the incoming lines and the other end provided with plugs that can be connected to an effective ground. After blasting, the switch lever shall be pulled out, the wires disconnected, and the box locked before any person ((shall be)) is allowed to return, and shall remain ((so)) locked until again ready to blast.
     (3) In the working chamber all electric light wires shall be provided with a disconnecting switch, which must be thrown to disconnect all current from the wires in the working chamber before electric light wires are removed or the charge exploded.
     (4) Before blasting the blaster shall cause a sufficient warning to be sounded and shall compel all persons to retreat to a safe shelter, before he or she sets off the blast, and shall permit no one to return until conditions are safe.

Sec. 81   RCW 49.24.250 and 1941 c 194 s 18 are each amended to read as follows:
     (1) Any code of signals used shall be printed and copies thereof, in ((such)) languages as may be necessary to be understood by all persons affected thereby, shall be kept posted in a conspicuous place near entrances to workplaces and in ((such)) other places as may be necessary to bring them to the attention of all persons affected thereby.
     (2) Effective and reliable signaling devices shall be maintained at all times to give instant communication between the bottom and top of the shaft.

Sec. 82   RCW 49.24.260 and 1941 c 194 s 19 are each amended to read as follows:
     (1) All shafting used in pneumatic caissons shall be provided with ladders, which are to be kept clear and in good condition at all times. The distance between the centers of the rungs of a ladder shall not exceed fourteen inches and shall not vary more than one inch in any one piece of shafting. The length of the ladder rungs shall not be less than nine inches. The rungs of the ladder shall in no case be less than three inches from the wall or other obstruction in the shafting or opening in which the ladder ((shall be)) is used. Under no circumstances shall a ladder inclining backward from the vertical be installed. A suitable ladder shall be provided from the top of all locks to the surface.
     (2) All man shafts shall be lighted at a distance of every ten feet with a guarded incandescent lamp.
     (3) All outside caisson air locks shall be provided with a platform not less than forty-two inches wide, and provided with a guard rail forty-two inches high.
     (4) All caissons in which fifteen or more ((men)) workers are employed shall have two locks, one of which shall be used as a man lock. Man locks and man shafts shall be in charge of a ((man whose duty it shall be to)) worker who must operate ((said)) the lock and shaft. All caissons more than ten feet in diameter shall be provided with a separate man shaft, which shall be kept clear and in operating order at all times.
     (5) Locks shall be so located that the distance between the bottom door and water level ((shall be)) is not less than three feet.

Sec. 83   RCW 49.24.290 and 1941 c 194 s 22 are each amended to read as follows:
     (1) In all shafts where ((men)) workers are hoisted or lowered, an iron-bonneted cage shall be used for the conveyance of ((men)) workers, but this provision shall not apply to shafts in the process of sinking or during the dismantling of the shaft after work in the tunnel is substantially completed.
     (2) Cages shall be provided with bonnets consisting of two steel plates not less than three-sixteenths of an inch in thickness, sloping toward each side and so arranged that they may be readily pushed upward to afford egress to persons therein, and ((such)) the bonnet shall cover the top of the cage in ((such)) a manner as to protect persons in the cage from falling objects.
     (3) Cages shall be entirely enclosed on two sides with solid partition or wire mesh not less than No. 8 U.S. Standard gauge, no opening in which shall exceed two inches.
     (4) Cages shall be provided with hanging chains or other similar devices for hand holds.
     (5) Every cage shall be provided with an approved safety catch of sufficient strength to hold the cage with its maximum load at any point in the shaft.
     (6) All parts of the hoisting apparatus, cables, brakes, guides, and fastenings shall be of the most substantial design and shall be arranged for convenient inspection. The efficiency of all safety devices shall be established by satisfactory tests before the cages are put into service and at least once every three months thereafter and a record thereof kept.
     (7) The test of the safety catch shall consist of releasing the cage suddenly in such manner that the safety catches shall have opportunity to grip the guides.

Sec. 84   RCW 49.24.310 and 1941 c 194 s 24 are each amended to read as follows:
     Where tunnels are driven from shafts more than two hundred ((and)) fifty feet deep, a telephone system shall be established and maintained, communicating with the surface at each ((such)) shaft, and with a station or stations readily and quickly accessible to the ((men)) workers at the working level.

Sec. 85   RCW 49.24.320 and 1941 c 194 s 25 are each amended to read as follows:
     (1) While work is in progress, tunnels, stairways, ladderways, and all places on the surface where work is being conducted, shall be properly lighted. In shafts more than one hundred feet deep, the shaft below that point shall be lighted.
     (2) All places where hoisting, pumping, or other machinery is erected and in the proximity of which persons are working or moving about, shall be so lighted when the machine is in operation that the moving parts of ((such)) the machine can be clearly distinguished.

Sec. 86   RCW 49.24.330 and 1941 c 194 s 26 are each amended to read as follows:
     The frames and bed plates of generators, transformers, compensators, rheostats, and motors installed underground shall be effectively grounded. All metallic coverings, armoring of cables, other than trailing cables, and the neutral wire of three-wire systems shall also be so grounded.

Sec. 87   RCW 49.24.340 and 1941 c 194 s 27 are each amended to read as follows:
     In electrical systems installed, no higher voltage than low voltage shall be used underground, except for transmission or other application to transformers, motors, generators, or other apparatus in which the whole of the medium or high voltage apparatus is stationary.

Sec. 88   RCW 49.24.370 and 1941 c 194 s 32 are each amended to read as follows:
     The director of labor and industries shall establish ((such)) rules ((and regulations as he deems primarily)) necessary for the safety of the employees employed in tunnels, quarries, caissons, and subways and shall be guided by the most modern published studies and researches made by persons or institutions into the correction of the evils chargeable to improper safeguards and inspection of the tools, machinery, equipment, and places of work obtaining in the industries covered by RCW 49.24.080 through 49.24.380.

Sec. 89   RCW 49.26.010 and 1973 c 30 s 1 are each amended to read as follows:
     Air-borne asbestos dust and particles, such as those from sprayed asbestos slurry, asbestos-coated ventilating ducts, and certain other applications of asbestos are known to produce irreversible lung damage and bronchogenic carcinoma. One American of every four dying in urban areas of the United States has asbestos particles or dust in his or her lungs. The nature of this problem is such as to constitute a hazard to the public health and safety, and should be brought under appropriate regulation.

Sec. 90   RCW 49.26.013 and 1995 c 218 s 1 are each amended to read as follows:
     (1)(a) Any owner or owner's agent who allows or authorizes any construction, renovation, remodeling, maintenance, repair, or demolition project ((which)) that has a reasonable possibility, as defined by the department, of disturbing or releasing asbestos into the air, shall perform or cause to be performed, using practices approved by the department, a good faith inspection to determine whether the proposed project will disturb or release any material containing asbestos into the air.
     ((Such)) (b) Inspections shall be conducted by persons meeting the accreditation requirements of the federal toxics substances control act, section 206(a)(1) and (3) (15 U.S.C. 2646(a)(1) and (3)).
     (c) An inspection under this section is not required if the owner or owner's agent is reasonably certain that asbestos will not be disturbed or assumes that asbestos will be disturbed by a project ((which)) that involves construction, renovation, remodeling, maintenance, repair, or demolition and takes the maximum precautions as specified by all applicable federal and state requirements.
     (2) Except as provided in RCW 49.26.125, the owner or owner's agent shall prepare and maintain a written report describing each inspection, or a statement of assumption of the presence or reasonable certainty of the absence of asbestos, and shall provide a copy of the written report or statement to all contractors before they apply or bid on work. In addition, upon written or oral request, the owner or owner's agent shall make a copy of the written report available to: (((1))) (a) The department ((of labor and industries)); (((2))) (b) contractors; and (((3))) (c) the collective bargaining representatives or employee representatives, if any, of employees who may be exposed to any asbestos or material containing asbestos. A copy shall be posted as prescribed by the department in a place that is easily accessible to ((such)) the employees.

Sec. 91   RCW 49.26.016 and 1995 c 218 s 2 are each amended to read as follows:
     (1) Any owner or owner's agent who allows the start of any construction, renovation, remodeling, maintenance, repair, or demolition without first (a) conducting the inspection and preparing and maintaining the report of the inspection, or preparing and maintaining a statement of assumption of the presence or reasonable certainty of the absence of asbestos, as required under RCW 49.26.013; and (b) preparing and maintaining the additional written description of the project as required under RCW 49.26.120 ((shall be)) is subject to a mandatory fine of not less than two hundred fifty dollars for each violation. Each day the violation continues ((shall be)) is considered a separate violation. In addition, any construction, renovation, remodeling, maintenance, repair, or demolition ((which)) that was started without meeting the requirements of RCW 49.26.013 and 49.26.120 shall be halted immediately and cannot be resumed before meeting ((such)) the requirements.
     (2) No contractor may commence any construction, renovation, remodeling, maintenance, repair, or demolition project without receiving the copy of the written report or statement from the owner or the owner's agent. Any contractor who begins any project without the copy of the written report or statement ((shall be)) is subject to a mandatory fine of not less than two hundred ((and)) fifty dollars per day. Each day the violation continues ((shall be)) is considered a separate violation.
     (3) The certificate of any certified asbestos contractor who knowingly violates any provision of this chapter or any rule adopted under this chapter shall be revoked for a period of not less than six months.
     (4) The penalties imposed in this section are in addition to any penalties under RCW 49.26.140.

Sec. 92   RCW 49.26.020 and 1973 c 30 s 2 are each amended to read as follows:
     Standards regulating the use of asbestos in construction or manufacturing shall be established by the director ((of the department of labor and industries)), with the advice of the state health officer and the department of ecology. Standards to be adopted shall describe the types of asbestos that may be used in construction and manufacturing, the methods and procedures for their use, and ((such)) other requirements ((as may be)) needed to protect the public health and safety with respect to air-borne asbestos particles and asbestos dust.

Sec. 93   RCW 49.26.030 and 1973 c 30 s 3 are each amended to read as follows:
     Products containing asbestos shall be stored in containers of types approved by the director ((of the department of labor and industries)), with the advice of the state health officer and the department of ecology. Containers of asbestos shall be plainly marked "Asbestos -- do not inhale" or other words to the same effect.

Sec. 94   RCW 49.26.040 and 1973 c 30 s 4 are each amended to read as follows:
     The asbestos use standards required under RCW 49.26.020 and the list of approved container types required under RCW 49.26.030 shall be adopted ((as regulations)) by rule of the department ((of labor and industries)). The department ((shall have the power to)) may implement and enforce ((such regulations)) these rules.

Sec. 95   RCW 49.26.110 and 1995 c 218 s 4 are each amended to read as follows:
     (1) No employee or other individual ((is eligible to)) may do work governed by this chapter unless issued a certificate by the department.
     (2)(a) To qualify for a certificate:
     (((a))) (i) Certified asbestos workers must have successfully completed a four-day training course. Certified asbestos supervisors must have completed a five-day training course. Training courses shall be provided or approved by the department; shall cover such topics as the health and safety aspects of the removal and encapsulation of asbestos, including but not limited to the federal and state standards regarding protective clothing, respirator use, disposal, air monitoring, cleaning, and decontamination; and shall meet such additional qualifications as may be established by the department by rule for the type of certification sought. The department may require the successful completion of annual refresher courses provided or approved by the department for continued certification as an asbestos worker or supervisor. However, the authority of the director to adopt rules implementing this section is limited to rules that are specifically required, and only to the extent specifically required, for the standards to be as stringent as the applicable federal laws governing work subject to this chapter; and
     (((b))) (ii) All applicants for certification as asbestos workers or supervisors must pass an examination in the type of certification sought which shall be provided or approved by the department.
     (b) These requirements are intended to represent the minimum requirements for certification and shall not preclude contractors or employers from providing additional education or training.
     (3) The department shall provide for the reciprocal certification of any individual trained to engage in asbestos projects in another state when the prior training is shown to be substantially similar to the training required by the department. Nothing shall prevent the department from requiring ((such)) individuals to take an examination or refresher course before certification.
     (4)(a) The department may deny, suspend, or revoke a certificate, as provided under RCW 49.26.140, for failure of the holder to comply with any requirement of this chapter or chapter 49.17 RCW, or any rule adopted under those chapters, or applicable health and safety standards and regulations. In addition to any penalty imposed under RCW 49.26.016, the department may suspend or revoke any certificate issued under this chapter for a period of not less than six months upon the following grounds:
     (((a))) (i) The certificate was obtained through error or fraud; or
     (((b))) (ii) The holder thereof is judged to be incompetent to carry out the work for which the certificate was issued.
     (b) Before any certificate may be denied, suspended, or revoked, the holder thereof shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to the holder's last known address. The notice shall enumerate the allegations against such holder, and shall give him or her the opportunity to request a hearing before the department. At ((such)) the hearing, the department and the holder shall have opportunity to produce witnesses and give testimony.
     (5) A denial, suspension, or revocation order may be appealed to the board of industrial insurance appeals within fifteen working days after the denial, suspension, or revocation order is entered. The notice of appeal may be filed with the department or the board of industrial insurance appeals. The board of industrial insurance appeals shall hold the hearing in accordance with procedures established in RCW 49.17.140. Any party aggrieved by an order of the board of industrial insurance appeals may obtain superior court review in the manner provided in RCW 49.17.150.
     (6) Each person certified under this chapter shall display, upon the request of an authorized representative of the department, valid identification issued by the department.

Sec. 96   RCW 49.26.115 and 1995 c 218 s 5 are each amended to read as follows:
     Before working on an asbestos abatement project, a contractor shall obtain an asbestos contractor's certificate from the department and shall have in its employ at least one certified asbestos supervisor who is responsible for supervising all asbestos abatement projects undertaken by the contractor and for assuring compliance with all state laws and ((regulations)) rules regarding asbestos. The contractor shall apply for certification renewal every year. The department shall ensure that the expiration of the contractor's registration and the expiration of his or her asbestos contractor's certificate coincide.

Sec. 97   RCW 49.26.125 and 1989 c 154 s 8 are each amended to read as follows:
     (1) Prenotification to the department under RCW 49.26.120 ((shall not be)) is not required for:
     (((1)))(a)(i) Any asbestos project involving less than forty-eight square feet of surface area, or less than ten linear feet of pipe unless the surface area of the pipe is greater than forty-eight square feet. The person undertaking ((such a)) the project shall keep the reports, or statements, and written descriptions required under RCW 49.26.013 and 49.26.120, which shall be available upon request of the department. Employees and employee representatives may request ((such)) the reports under RCW 49.26.013(2).
     (((b))) (ii) The director may waive the prenotification requirement upon written request of an owner for large-scale, on-going projects. In granting such a waiver, the director shall require the owner to provide prenotification if significant changes in personnel, methodologies, equipment, work site, or work procedures occur or are likely to occur. The director shall further require annual resubmittal of ((such)) the notification.
     (((c))) (iii) The director, upon review of an owner's reports, work practices, or other data available as a result of inspections, audits, or other authorized activities, may reduce the size threshold for prenotification required by this section. Such a change shall be based on the director's determination that significant problems in personnel, methodologies, equipment, work site, or work procedures are creating the potential for violations of this chapter or asbestos requirements under chapter 49.17 RCW. The new prenotification requirements shall be given in writing to the owner and ((shall)) remain in effect until modified or withdrawn in writing by the director.
     (((2))) (b) Emergency projects.
     (((a))) (i) As used in this section, "emergency project" means a project that was not planned and results from a sudden, unexpected event, and does not include operations that are necessitated by nonroutine failure of equipment or systems.
     (((b))) (ii) Emergency projects ((which)) that disturb or release any material containing asbestos into the air shall be reported to the department within three working days after the commencement of the project in the manner otherwise required under this chapter. A notice shall be clearly posted adjacent to the work site describing the nature of the emergency project. The employees' collective bargaining representatives, or employee representatives, or designated representatives, if any, shall be notified of the emergency as soon as possible by the person undertaking the emergency project.
     (2) Incremental phasing in the conduct or design of asbestos projects or otherwise designing or conducting asbestos projects of a size less than forty-eight square feet, or other threshold for exemption as provided under this section, with the intent of avoiding prenotification requirements is a violation of this chapter.

Sec. 98   RCW 49.26.130 and 2003 1st sp.s. c 25 s 924 are each amended to read as follows:
     (1) The department shall administer this chapter.
     (2) The director ((of the department)) shall adopt, in accordance with chapters 34.05 and 49.17 RCW, rules necessary to carry out this chapter.
     (3) The department shall prescribe fees for the issuance and renewal of certificates, including recertification, and the administration of examinations, and for the review of training courses.
     (4) The asbestos account is ((hereby)) established in the state treasury. All fees collected under this chapter shall be deposited in the account. Moneys in the account shall be spent after appropriation only for costs incurred by the department in the administration and enforcement of this chapter. Disbursements from the account shall be on authorization of the director ((of the department)) or the director's designee.
     (((5) During the 2003-2005 fiscal biennium, the legislature may transfer from the asbestos account to the state general fund such amounts as reflect the excess fund balance in the account.))

Sec. 99   RCW 49.28.010 and 2003 c 53 s 274 are each amended to read as follows:
     (1) ((Hereafter)) Eight hours in any calendar day ((shall)) constitute a day's work on any work done for the state or any county or municipality within the state, subject to conditions ((hereinafter)) provided in this section.
     (2) All work done by contract or subcontract on any building or improvements or works on roads, bridges, streets, alleys, or buildings for the state or any county or municipality within the state, shall be done under the provisions of this section. In cases of extraordinary emergency such as danger to life or property, the hours for work may be extended, but in such case the rate of pay for time employed in excess of eight hours of each calendar day, ((shall be)) is one and one-half times the rate of pay allowed for the same amount of time during eight hours' service. And for this purpose this section is made a part of all contracts, subcontracts, or agreements for work done for the state or any county or municipality within the state.
     (3) Any contractor, subcontractor, or agent of a contractor or subcontractor, ((foreman)) foreperson, or employer, who violates this section is guilty of a misdemeanor and shall be fined a sum not less than twenty-five dollars nor more than two hundred dollars, or imprisoned in the county jail for a period of not less than ten days nor more than ninety days, or both such fine and imprisonment, at the discretion of the court.

Sec. 100   RCW 49.28.040 and 1903 c 44 s 1 are each amended to read as follows:
     ((That)) It is a part of the public policy of the state of Washington that all work "by contract or day labor done" for it, or any political subdivision created by its laws, shall be performed in work days of not more than eight hours each, except in cases of extraordinary emergency. No case of extraordinary emergency ((shall be construed to)) exists in any case where other labor can be found to take the place of labor ((which)) that has already been employed for eight hours in any calendar day.

Sec. 101   RCW 49.28.060 and 1903 c 44 s 3 are each amended to read as follows:
     ((It is made the duty of)) All officers or agents authorized to contract for work to be done in behalf of the state of Washington, or any political subdivision created under its laws, ((to)) must stipulate in all contracts as provided for in RCW 49.28.040 through 49.28.060((, and)). All such officers and agents, and all officers and agents entrusted with the supervision of work performed under such contracts, ((are authorized, and it is made their duty, to declare any contract canceled, the execution of which is not)) must cancel any contract that is not executed in accordance with the public policy of this state ((as herein declared)) described under this chapter.

Sec. 102   RCW 49.28.065 and 1988 c 121 s 1 are each amended to read as follows:
     Notwithstanding the provisions of RCW 49.28.010 through 49.28.060, a contractor or subcontractor in any public works contract subject to those provisions may enter into an agreement with his or her employees in which the employees work up to ten hours in a calendar day. No such agreement may provide that the employees work ten-hour days for more than four calendar days a week. Any such agreement is subject to approval by the employees. ((The overtime provisions of RCW 49.28.020 shall not apply to the hours, up to forty hours per week, worked pursuant to agreements entered into under this section.))

Sec. 103   RCW 49.28.100 and 2003 c 53 s 276 are each amended to read as follows:
     (1) It ((shall be)) is unlawful for any employer to permit any of his or her employees to operate on docks, in warehouses ((and/or)), or in or on other waterfront properties any power driven mechanical equipment for the purpose of loading cargo on, or unloading cargo from, ships, barges, or other watercraft, or of assisting in such loading or unloading operations, for a period in excess of twelve and one-half hours at any one time without giving ((such)) the person an interval of eight hours' rest((: PROVIDED, HOWEVER, The provisions of this section shall not be applicable)). However, this section does not apply in cases of emergency, including fire, violent storms, leaking or sinking ships, or services required by the armed forces of the United States.
     (2) Any person violating this section is guilty of a misdemeanor.

Sec. 104   RCW 49.28.120 and 1987 c 296 s 1 are each amended to read as follows:
     (1)(a) Except as provided in subsection (2) of this section, every employer shall arrange employees' working hours on the day of a primary or election, general or special, so that each employee will have a reasonable time up to two hours available for voting during the hours the polls are open as provided by RCW ((29.13.080)) 29A.44.070.
     (b) If an employee's work schedule does not give the employee two free hours during the time the polls are open, not including meal or rest breaks, the employer shall permit the employee to take a reasonable time up to two hours from the employee's work schedule for voting purposes. In such a case, the employer shall add this time to the time for which the employee is paid.
     (2) ((The provisions of)) This section ((apply)) applies only if, during the period between the time an employee is informed of his or her work schedule for a primary or election day and the date of the primary or election, there is insufficient time for an absentee ballot to be secured for that primary or election.

Sec. 105   RCW 49.32.020 and 1933 ex.s. c 7 s 2 are each amended to read as follows:
     ((In the interpretation of this chapter and in determining the jurisdiction and authority of the courts of the state of Washington, as such jurisdiction and authority are herein defined and limited, the public policy of the state of Washington is hereby declared as follows:
     WHEREAS,)) The legislature intends that this chapter be interpreted according to the public policy of the state of Washington set forth in this section.
     Under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his or her freedom of labor, and thereby to obtain acceptable terms and conditions of employment((, wherefore, though he)). Though workers should be free to decline to associate with ((his)) their fellow((s)) workers, it is necessary that ((he)) they have full freedom of association, self-organization, and designation of representatives of ((his)) their own choosing((,)). Workers must be able to negotiate the terms and conditions of ((his)) their employment, and ((that he shall)) be free from interference, restraint, or coercion of employers of labor, or their agents, in ((the designation of such)) designating representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protections((; therefore, the following definitions of, and limitations upon, the jurisdiction and authority of the courts of the state of Washington are hereby enacted)).

Sec. 106   RCW 49.32.030 and 1933 ex.s. c 7 s 3 are each amended to read as follows:
     Any undertaking or promise, ((such)) as ((is)) described in this section, or any other undertaking or promise in conflict with the public policy declared in RCW 49.32.020, is ((hereby declared to be)) contrary to the public policy of the state of Washington, ((shall)) not ((be)) enforceable in any court of the state of Washington, and ((shall not afford any)) may not be the basis for ((the)) granting ((of)) legal or equitable relief by any ((such)) court((, including specifically the following:)). This includes every undertaking or promise ((hereafter)) made, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm, company, association, or corporation and any employee or prospective employee of the same, ((whereby --
     (1))) when either party to such contract or agreement undertakes or promises:
     (1) Not to join, become, or remain a member of any labor organization or of any employer organization; or
     (2) ((Either party to such contract or agreement undertakes or promises)) That he or she will withdraw from an employment relation ((in the event that)) if he or she joins, becomes, or remains a member of any labor organization or of any employer organization.

Sec. 107   RCW 49.32.050 and 1933 ex.s. c 7 s 4 are each amended to read as follows:
     No court of the state of Washington ((shall have)) has jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute or prohibit any person or persons participating or interested in such dispute (((as these terms are herein defined))) from doing, whether singly or in concert, any of the following acts:
     (1) Ceasing or refusing to perform any work or to remain in any relation of employment;
     (2) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in RCW 49.32.030;
     (3) Paying or giving to, or withholding from, any person participating or interested in such labor dispute any strike or unemployment benefits or insurance or other money((s)) or things of value;
     (4) By all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the United States or of any state;
     (5) Giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence;
     (6) Assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute;
     (7) Advising or notifying any person of an intention to do any of the acts ((heretofore)) specified in this section;
     (8) Agreeing with other persons to do or not to do any of the acts ((heretofore)) specified in this section; and
     (9) Advising, urging, or otherwise causing or inducing without fraud or violence the acts ((heretofore)) specified in this section, regardless of any such undertaking or promise as is described in RCW 49.32.030.

Sec. 108   RCW 49.32.090 and 1933 ex.s. c 7 s 11 are each amended to read as follows:
     In all cases arising under this chapter in which a person ((shall be)) is charged with contempt in a court of the state of Washington, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county ((wherein)) in which the contempt ((shall have been)) was committed((: PROVIDED, That)). This right shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court.

Sec. 109   RCW 49.32.110 and 1933 ex.s. c 7 s 13 are each amended to read as follows:
     ((When used in this chapter, and for the purpose of this chapter--))
     (1) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, or occupation; or have direct or indirect interests therein; or who are employees of the same employer; or who are members of the same or an affiliated organization of employers or employees; whether such dispute is (a) between one or more employers or associations of employers and one or more employees or associations of employees; (b) between one or more employers or associations of employers and one or more employers or association of employers; or (c) between one or more employees or association of employees and one or more employees or association of employees; or when the case involves any conflicting or competing interests in a "labor dispute" (((as hereinafter defined))) of "persons participating or interested" therein (((as hereinafter defined))).
     (2) For the purposes of this chapter:
     (a) A ((person or association shall be held to be a)) "person participating or interested" means a person or association involved in a labor dispute ((if)) in which relief is sought against ((him or it)) the person or association, and ((if he or it)) the person or association is engaged in the same industry, trade, craft, or occupation in which the dispute occurs, or has a direct or indirect interest therein or is a member, officer, or agent of any association composed in whole or in part of employers or employees engaged in such industry, trade, craft, or occupation.
     (((3) The term)) (b) "Labor dispute" includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee.

Sec. 110   RCW 49.36.015 and 1919 c 185 s 2 are each amended to read as follows:
     No restraining order or injunction shall be granted by any court of this state, or any judge or judges thereof in any case between an employer and employee or between an employer and employees or between employees or between persons employed and persons seeking employment involving or growing out of a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable damage to property or to a personal right or to a property right of the party making the application, for which injury there is no adequate remedy at law, and such petition must be in writing describing such damage or injury feared by the applicant, and sworn to by the applicant or his or her agent or attorney. No such restraining order or injunction ((shall)) prohibits any such person or persons, whether singly or in concert, from terminating any relation of employment or from ceasing to perform any work or labor; or from paying or giving to, or withholding from any person engaged in such dispute, any strike benefits or other money((s)) or things of value; or from doing any act or thing ((which)) that might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this section be considered or held to be illegal or unlawful in any court of the state.

Sec. 111   RCW 49.38.010 and 1984 c 89 s 1 are each amended to read as follows:
     ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of labor and industries.
     (2) "Theatrical enterprise" means the production of any circus, vaudeville, carnival, revue, variety show, musical comedy, operetta, opera, drama, endurance contest, marathon, walkathon, or any other entertainment event where persons are a part of the enterprise's presentation. "Theatrical enterprise" does not include a program of a radio or television station operating pursuant to a license issued by the federal communications commission or any event produced by a nonprofit cultural or artistic organization that has been located in a community for at least two years.

Sec. 112   RCW 49.40.010 and 1919 c 191 s 1 are each amended to read as follows:
     For the purposes of this chapter ((the term)), "seasonal labor" ((shall)) includes all work performed by any person employed for a period of time greater than one month and where the wages for ((such)) the work are not to be paid at any fixed interval of time, but at the termination of ((such)) employment, and where ((such)) the person is hired within this state for work to be performed outside the state and the wages earned during ((said)) the employment are to be paid in this state at the termination of ((such)) employment((: PROVIDED, That)). However, this chapter shall not apply to wages earned by seamen or other persons where the payment of their wages is regulated by federal statutes.

Sec. 113   RCW 49.40.030 and 1919 c 191 s 3 are each amended to read as follows:
     Every employee who with intent to defraud ((shall have)) has secured advances of money or supplies under a contract for seasonable labor and who with intent to defraud ((shall)) willfully fails to perform sufficient labor to compensate for such advances and supplies made under such contract ((shall be)) is guilty of a gross misdemeanor.

Sec. 114   RCW 49.40.040 and 1919 c 191 s 4 are each amended to read as follows:
     Upon the written petition of either the employer or the employee setting forth in ordinary and concise language the facts and questions in dispute, the director of labor and industries or the director's designee shall((, in person or by his duly authorized deputy, and is hereby authorized to)) hear and determine all disputes concerning wages earned at seasonal labor, and allow or reject deductions made from such wages for money((s)) advanced or supplies furnished before the wages are earned for money paid or supplies furnished during the season or for money paid to third persons upon the written order of the employee.

Sec. 115   RCW 49.40.050 and 1919 c 191 s 5 are each amended to read as follows:
     Upon the filing of any such petition, the director of labor and industries shall notify the other party to the dispute of the time and place when and where ((such)) the petition will be heard, and may set ((said)) the petition for a hearing before a regularly appointed deputy at ((such)) a place in the state as he ((shall)) or she determines is most convenient for the parties, and the director or his or her deputy ((shall have power and authority to)) may issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records at ((such)) the hearing, and to administer oaths. Obedience to ((such)) the subpoenas shall be enforced by the courts of the county where ((such)) the hearing is held.

Sec. 116   RCW 49.40.060 and 1919 c 191 s 6 are each amended to read as follows:
     The director of labor and industries, or his or her deputy holding the hearing shall, after ((such)) the hearing, determine the amount due from the employer to the employee, and shall make findings of fact and an award in accordance therewith, which findings and award shall be filed in the office of the director and a copy thereof served upon the employer and upon the employee by registered mail directed to their last known ((post office)) mailing address.

Sec. 117   RCW 49.44.010 and 1899 c 23 s 1 are each amended to read as follows:
     Every person in this state who ((shall)) willfully and maliciously, sends or delivers, or makes or causes to be made, for the purpose of being delivered or sent or part with the possession of any paper, letter, or writing, with or without name signed thereto, or signed with a fictitious name, or with any letter, mark, or other designation, or publishes or causes to be published any statement for the purpose of preventing any other person from obtaining employment in this state or elsewhere, and every person who ((shall)) willfully and maliciously "blacklists" or causes to be "blacklisted" any person or persons, by writing, printing, or publishing, or causing the same to be done, the name, or mark, or designation representing the name of any person in any paper, pamphlet, circular, or book, together with any statement concerning persons so named, or publishes or causes to be published that any person is a member of any secret organization, for the purpose of preventing ((such)) the person from securing employment, or who ((shall)) willfully and maliciously makes or issues any statement or paper that will tend to influence or prejudice the mind of any employer against the person of ((such)) the person seeking employment, or any person who ((shall do)) does any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, individual, or individuals, shall, on conviction thereof, be adjudged guilty of a misdemeanor and be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ninety days nor more than one year, or by both ((such)) a fine and imprisonment.

Sec. 118   RCW 49.44.020 and 1909 c 249 s 424 are each amended to read as follows:
     Every person who ((shall)) gives, offers, or promises, directly or indirectly, any compensation, gratuity, or reward to any duly constituted representative of a labor organization, with intent to influence him or her in respect to any of his or her acts, decisions, or other duties as such representative, or to induce him or her to prevent or cause a strike by the employees of any person or corporation, ((shall be)) is guilty of a gross misdemeanor.

Sec. 119   RCW 49.44.030 and 1909 c 249 s 425 are each amended to read as follows:
     ((Every person who, being)) A person is guilty of a gross misdemeanor if he or she is the duly constituted representative of a labor organization((, shall)) and asks for or receives, directly or indirectly, any compensation, gratuity, or reward, or any promise thereof, ((upon any agreement or understanding that)) to influence any of his or her acts, decisions, or other duties as such representative, or ((any act)) to prevent or cause a strike of the employees of any person or corporation ((shall be influenced thereby, shall be guilty of a gross misdemeanor)).

Sec. 120   RCW 49.44.040 and 1909 c 249 s 371 are each amended to read as follows:
     Every person who ((shall)) obtains employment or appointment to any office or place of trust, by color or aid of any false or forged letter or certificate of recommendation, ((shall be)) is guilty of a misdemeanor.

Sec. 121   RCW 49.44.050 and 1909 c 249 s 372 are each amended to read as follows:
     Every employment agent or broker who, with intent to influence the action of any person thereby, ((shall)) misstates or misrepresents verbally, or in any writing or advertisement, any material matter relating to the demand for labor, the conditions under which any labor or service is to be performed, the duration thereof, or the wages to be paid therefor, ((shall be)) is guilty of a misdemeanor.

Sec. 122   RCW 49.44.060 and 1909 c 249 s 426 are each amended to read as follows:
     Every person who ((shall)) gives, offers, or promises, directly or indirectly, any compensation, gratuity, or reward to any agent, employee, or servant of any person or corporation, with intent to influence his or her action in relation to his or her principal's, employer's, or master's business, ((shall be)) is guilty of a gross misdemeanor.

Sec. 123   RCW 49.44.080 and 1909 c 249 s 281 are each amended to read as follows:
     Every person who ((shall)) willfully and maliciously, either alone or in combination with others, breaks a contract of service or employment, knowing or having reasonable cause to believe that the consequence of his or her so doing will be to endanger human life or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, ((shall be)) is guilty of a misdemeanor.

Sec. 124   RCW 49.44.090 and 1993 c 510 s 24 are each amended to read as follows:
     (1) It ((shall be)) is an unfair practice:
     (((1))) (a) For an employer or licensing agency, because an individual is forty years of age or older, to refuse to hire or employ or license or to bar or to terminate from employment ((such)) the individual, or to discriminate against ((such)) the individual in promotion, compensation, or in terms, conditions, or privileges of employment((: PROVIDED, That)). However, employers or licensing agencies may establish reasonable minimum and/or maximum age limits with respect to candidates for positions of employment, which positions are of such a nature as to require extraordinary physical effort, endurance, condition, or training, subject to the approval of the executive director of the Washington state human rights commission or the director of labor and industries through the division of industrial relations.
     (((2))) (b) For any employer, licensing agency, or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination respecting individuals forty years of age or older((: PROVIDED, That nothing herein shall)). This subsection does not forbid a requirement of disclosure of birth date upon any form of application for employment or by the production of a birth certificate or other sufficient evidence of the applicant's true age after an employee is hired.
     (2) Nothing contained in this section or in RCW 49.60.180 as to age shall be construed to prevent the termination of the employment of any person who is physically unable to perform his or her duties or to affect the retirement policy or system of any employer where ((such)) the policy or system is not merely a subterfuge to evade the purposes of this section; nor shall anything in this section or in RCW 49.60.180 be deemed to preclude the varying of insurance coverages according to an employee's age; nor shall this section be construed as applying to any state, county, or city law enforcement agencies, or as superseding any law fixing or authorizing the establishment of reasonable minimum or maximum age limits with respect to candidates for certain positions in public employment ((which)) that are of such a nature as to require extraordinary physical effort, or ((which)) that for other reasons warrant consideration of age factors.

Sec. 125   RCW 49.44.100 and 2003 c 53 s 277 are each amended to read as follows:
     (1) It ((shall be)) is unlawful for any person, firm, or corporation not directly involved in a labor strike or lockout to recruit and bring into this state from outside this state any person or persons for employment, or to secure or offer to secure for such person or persons any employment, when the purpose of such recruiting, securing, or offering to secure employment is to have such persons take the place in employment of employees in a business owned by a person, firm, or corporation involved in a labor strike or lockout, or to have such persons act as pickets of a business owned by a person, firm, or corporation where a labor strike or lockout exists((: PROVIDED, That)). This section ((shall)) does not apply to activities and services offered by or through the Washington employment security department.
     (2) Any person violating this section is guilty of a gross misdemeanor.

Sec. 126   RCW 49.44.140 and 1979 ex.s. c 177 s 2 are each amended to read as follows:
     (1) A provision in an employment agreement ((which)) that provides that an employee shall assign or offer to assign any of the employee's rights in an invention to the employer does not apply to an invention for which no equipment, supplies, facilities, or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless (a) the invention relates (i) directly to the business of the employer, or (ii) to the employer's actual or demonstrably anticipated research or development, or (b) the invention results from any work performed by the employee for the employer. Any provision ((which)) that purports to apply to such an invention is to that extent against the public policy of this state and is to that extent void and unenforceable.
     (2) An employer shall not require a provision made void and unenforceable by subsection (1) of this section as a condition of employment or continuing employment.
     (3) If an employment agreement entered into after September 1, 1979, contains a provision requiring the employee to assign any of the employee's rights in any invention to the employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention for which no equipment, supplies, facility, or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless (a) the invention relates (i) directly to the business of the employer, or (ii) to the employer's actual or demonstrably anticipated research or development, or (b) the invention results from any work ((preformed [performed])) performed by the employee for the employer.

Sec. 127   RCW 49.46.020 and 1999 c 1 s 1 are each amended to read as follows:
     (1) ((Until January 1, 1999, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than four dollars and ninety cents per hour.
     (2) Beginning January 1, 1999, and until January 1, 2000, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than five dollars and seventy cents per hour.
     (3))) Beginning January 1, 2000, and until January 1, 2001, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than six dollars and fifty cents per hour.
     (((4))) (2)(a) Beginning on January 1, 2001, and each following January 1st as set forth under (b) of this subsection, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than the amount established under (b) of this subsection.
     (b) On September 30, 2000, and on each following September 30th, the department of labor and industries shall calculate an adjusted minimum wage rate to maintain employee purchasing power by increasing the current year's minimum wage rate by the rate of inflation. The adjusted minimum wage rate shall be calculated to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index, for the twelve months prior to each September 1st as calculated by the United States department of labor. Each adjusted minimum wage rate calculated under this subsection (((4)(b))) takes effect on the following January 1st.
     (((5))) (3) The director shall by ((regulation)) rule establish the minimum wage for employees under the age of eighteen years.

Sec. 128   RCW 49.46.040 and 1959 c 294 s 4 are each amended to read as follows:
     (1) The director or his or her designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he ((may)) or she deems necessary or appropriate to determine whether any person has violated any provision of this chapter, or which may aid in the enforcement of ((the provisions of)) this chapter.
     (2) With the consent and cooperation of federal agencies charged with the administration of federal labor laws, the director may, for the purpose of carrying out his or her functions and duties under this chapter, utilize the services of federal agencies and their employees and, notwithstanding any other provision of law, may reimburse ((such)) the federal agencies and their employees for services rendered for such purposes.
     (3) Every employer subject to ((any provision of)) this chapter or of any order issued under this chapter shall make, keep, and preserve ((such)) the records of the persons employed by him or her and of the wages, hours, and other conditions and practices of employment maintained by him or her, and shall preserve ((such)) the records for such periods of time, and shall make reports therefrom to the director as he ((shall)) or she prescribes by ((regulation)) rule as necessary or appropriate for the enforcement of ((the provisions of)) this chapter or the ((regulations thereunder)) rules adopted under this chapter.
     (4) The director ((is authorized to make such regulations)) may adopt rules regulating, restricting, or prohibiting industrial homework ((as are necessary or appropriate)) to prevent the circumvention or evasion of and to safeguard the minimum wage rate prescribed in this chapter((, and all existing regulations of the director relating to industrial homework are hereby continued in full force and effect)).

Sec. 129   RCW 49.46.060 and 1959 c 294 s 6 are each amended to read as follows:
     The director, to the extent necessary in order to prevent curtailment of opportunities for employment, shall ((by regulations)) in rule provide for (1) the employment of learners, ((of)) apprentices, and ((of)) messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to ((regulations)) rules of the director, at ((such)) wages lower than the minimum wage applicable under RCW 49.46.020 and subject to such limitations as to time, number, proportion, and length of service as the director ((shall)) prescribes, and (2) the employment of individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, under special certificates issued by the director, at ((such)) wages lower than the minimum wage applicable under RCW 49.46.020 and for ((such)) a period as shall be fixed in such certificates.

Sec. 130   RCW 49.46.070 and 1959 c 294 s 7 are each amended to read as follows:
     Every employer subject to ((any provision of)) this chapter or of any ((regulation issued)) rule adopted under this chapter shall make, and keep in or about the premises ((wherein)) where any employee is employed, a record of the name, address, and occupation of each of his or her employees, the rate of pay, and the amount paid each pay period to each ((such)) employee, the hours worked each day and each work week by ((such)) the employee, and ((such)) other information ((as)) the director ((shall)) prescribes by ((regulation as necessary or appropriate)) rule for the enforcement of ((the provisions of)) this chapter or of the ((regulations thereunder)) rules adopted under this chapter. ((Such)) Records shall be open for inspection or transcription by the director or his or her authorized representative at any reasonable time. Every ((such)) employer shall furnish to the director or to his or her authorized representative on demand a sworn statement of ((such)) the records and information upon forms prescribed or approved by the director.

Sec. 131   RCW 49.46.080 and 1983 c 3 s 157 are each amended to read as follows:
     (1) As new ((regulations)) rules or changes or modification of previously established ((regulations)) rules are proposed, the director shall call a public hearing for the purpose of the consideration and establishment of ((such regulations)) the rules following the procedures used in the ((promulgation)) adoption of standards of safety under chapter 49.17 RCW.
     (2) Any interested party may obtain a review of the director's findings and order in the superior court of the county of the petitioners' residence by filing in such court within sixty days after the date of publication of ((such regulation)) the rule a written petition praying that the ((regulation)) rule be modified or set aside. A copy of ((such)) the petition shall be served upon the director. The finding of facts, if supported by evidence, shall be conclusive upon the court. The court shall determine whether the ((regulation)) rule is in accordance with law. If the court determines that ((such regulation)) the rule is not in accordance with law, it shall remand the case to the director with directions to modify or revoke ((such regulation)) the rule. If application is made to the court for leave to adduce additional evidence by any aggrieved party, ((such)) the party shall show to the satisfaction of the court that ((such)) the additional evidence is material, and that there were reasonable grounds for the failure to adduce ((such)) the evidence before the director. If the court finds that ((such)) the evidence is material and that reasonable grounds exist for failure of the aggrieved party to adduce ((such)) the evidence in prior proceedings, the court may remand the case to the director with directions that ((such)) the additional evidence be taken before the director. The director may modify the findings and conclusions, in whole or in part, by reason of ((such)) the additional evidence.
     (3) The judgment and decree of the court ((shall be)) is final except that it ((shall be)) is subject to review by the supreme court or the court of appeals as in other civil cases.
     (4) The proceedings under this section shall not, unless specifically ordered by the court, operate as a stay of an administrative ((regulation)) rule issued under ((the provisions of)) this chapter. The court shall not grant any stay of an administrative ((regulation)) rule unless the person complaining of ((such regulation shall)) the rule files in the court an undertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the ((regulation)) rule, in the event ((such regulation)) the rule is affirmed, of the amount by which the compensation such employees are entitled to receive under the ((regulation)) rule exceeds the compensation they actually receive while ((such)) the stay is in effect.

Sec. 132   RCW 49.46.090 and 1959 c 294 s 9 are each amended to read as follows:
     (1) Any employer who pays any employee less than wages to which ((such)) the employee is entitled under or by virtue of this chapter, ((shall be)) is liable to ((such)) the employee affected for the full amount of ((such)) the wage rate, less any amount actually paid to ((such)) the employee by the employer, and for costs and ((such)) reasonable attorney's fees ((as may be)) allowed by the court. Any agreement between ((such)) the employee and the employer to work for less than ((such)) the wage rate shall be no defense to ((such)) the action.
     (2) At the written request of any employee paid less than the wages to which he or she is entitled under or by virtue of this chapter, the director may take an assignment under this chapter or as provided in RCW 49.48.040 of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect ((such)) the claim, and the employer shall be required to pay the costs and ((such)) reasonable attorney's fees ((as may be)) allowed by the court.

Sec. 133   RCW 49.46.100 and 1959 c 294 s 10 are each amended to read as follows:
     (1) Any employer who hinders or delays the director or his or her authorized representatives in the performance of his or her duties in the enforcement of this chapter, or refuses to admit the director or his or her authorized representatives to any place of employment, or fails to make, keep, and preserve any records as required under ((the provisions of)) this chapter, or falsifies any such record, or refuses to make any record accessible to the director or his or her authorized representatives upon demand, or refuses to furnish a sworn statement of such record or any other information required for the proper enforcement of this chapter to the director or his or her authorized representatives upon demand, or pays or agrees to pay wages at a rate less than the rate applicable under this chapter, or otherwise violates any provision of this chapter or of any ((regulation issued)) rule adopted under this chapter ((shall be deemed)) is in violation of this chapter and ((shall, upon conviction therefor, be)) is guilty of a gross misdemeanor.
     (2) Any employer who discharges or in any other manner discriminates against any employee because ((such)) the employee has made any complaint to his or her employer, to the director, or ((his)) to the director's authorized representatives that ((he)) the employee has not been paid wages in accordance with ((the provisions of)) this chapter, ((or)) that the employer has violated ((any provision of)) this chapter, or because ((such)) the employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this chapter, or because ((such)) the employee has testified or is about to testify in any such proceeding ((shall be deemed)) is in violation of this chapter and ((shall)), upon conviction therefor, ((be)) is guilty of a gross misdemeanor.

Sec. 134   RCW 49.46.110 and 1959 c 294 s 11 are each amended to read as follows:
     Nothing in this chapter ((shall be deemed to)) interferes with, impedes, or in any way diminishes the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under ((the provisions of)) this chapter.

Sec. 135   RCW 49.46.130 and 1998 c 239 s 2 are each amended to read as follows:
     (1) Except as otherwise provided in this section, no employer shall employ any of his or her employees for a work week longer than forty hours unless ((such)) the employee receives compensation for his or her employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he or she is employed.
     (2) This section does not apply to:
     (a) Any person exempted pursuant to RCW 49.46.010(5). The payment of compensation or provision of compensatory time off in addition to a salary shall not be a factor in determining whether a person is exempted under RCW 49.46.010(5)(c);
     (b) Employees who request compensating time off in lieu of overtime pay;
     (c) Any individual employed as a seaman whether or not the seaman is employed on a vessel other than an American vessel;
     (d) Seasonal employees who are employed at concessions and recreational establishments at agricultural fairs, including those seasonal employees employed by agricultural fairs, within the state provided that the period of employment for any seasonal employee at any or all agricultural fairs does not exceed fourteen working days a year;
     (e) Any individual employed as a motion picture projectionist if that employee is covered by a contract or collective bargaining agreement which regulates hours of work and overtime pay;
     (f) An individual employed as a truck or bus driver who is subject to the provisions of the federal motor carrier act (49 U.S.C. Sec. 3101 et seq. and 49 U.S.C. Sec. 10101 et seq.), if the compensation system under which the truck or bus driver is paid includes overtime pay, reasonably equivalent to that required by this subsection, for working longer than forty hours per week;
     (g) Any individual employed (i) on a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment; or (ii) in packing, packaging, grading, storing, or delivering to storage, or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; or (iii) commercial canning, commercial freezing, or any other commercial processing, or with respect to services performed in connection with the cultivation, raising, harvesting, and processing of oysters or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption;
     (h) Any industry in which federal law provides for an overtime payment based on a work week other than forty hours. However, the provisions of the federal law regarding overtime payment based on a work week other than forty hours shall nevertheless apply to employees covered by this section without regard to the existence of actual federal jurisdiction over the industrial activity of the particular employer within this state. For the purposes of this subsection, "industry" means a trade, business, industry, or other activity, or branch, or group thereof, in which individuals are gainfully employed (section 3(h) of the fair labor standards act of 1938, as amended (((Public Law)) P.L. 93-259));
     (i) Any hours worked by an employee of a carrier by air subject to the provisions of subchapter II of the railway labor act (45 U.S.C. Sec. 181 et seq.), when such hours are voluntarily worked by the employee pursuant to a shift-trading practice under which the employee has the opportunity in the same or in other work weeks to reduce hours worked by voluntarily offering a shift for trade or reassignment.
     (3) No employer ((shall be)) is deemed to have violated subsection (1) of this section by employing any employee of a retail or service establishment for a work week in excess of the applicable work week specified in subsection (1) of this section if:
     (a) The regular rate of pay of the employee is in excess of one and one-half times the minimum hourly rate required under RCW 49.46.020; and
     (b) More than half of the employee's compensation for a representative period, of not less than one month, represents commissions on goods or services.
     In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate is to be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee.
     (4) No employer of commissioned salespeople primarily engaged in the business of selling automobiles, trucks, recreational vessels, recreational vessel trailers, recreational vehicle trailers, recreational campers, manufactured housing, or farm implements to ultimate purchasers shall violate subsection (1) of this section with respect to such commissioned salespeople if the commissioned salespeople are paid the greater of:
     (a) Compensation at the hourly rate, which may not be less than the rate required under RCW 49.46.020, for each hour worked up to forty hours per week, and compensation of one and one-half times that hourly rate for all hours worked over forty hours in one week; or
     (b) A straight commission, a salary plus commission, or a salary plus bonus applied to gross salary.
     (5) No public agency ((shall be)) is deemed to have violated subsection (1) of this section with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if: (a) In a work period of twenty-eight consecutive days the employee receives for tours of duty which in the aggregate exceed two hundred forty hours; or (b) in the case of such an employee to whom a work period of at least seven but less than twenty-eight days applies, in his or her work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his or her work period as two hundred forty hours bears to twenty-eight days; compensation at a rate not less than one and one-half times the regular rate at which he or she is employed.

Sec. 136   RCW 49.48.010 and 1971 ex.s. c 55 s 1 are each amended to read as follows:
     (1) When any employee ((shall)) ceases to work for an employer, whether by discharge or by voluntary withdrawal, the wages due ((him)) the employee on account of his or her employment shall be paid to ((him)) the employee at the end of the established pay period((: PROVIDED, HOWEVER, That this paragraph shall)).
     (2) Subsection (1) of this section does not apply when workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and the several employers or some of them cooperate to establish a plan for the weekly payment of wages at a central place or places and in accordance with a unified schedule of paydays providing for at least one payday each week((; but this subsection shall not apply to any such plan)). However, such plan may not take effect until ten days after notice of their intention to set up ((such a)) the plan ((shall have)) has been given to the director of labor and industries by the employers who cooperate to establish the plan((; and)). Having once been established, no such plan can be abandoned except after notice of their intention to abandon such plan has been given to the director of labor and industries by the employers intending to abandon the plan((: PROVIDED FURTHER, That)). The duty to pay an employee forthwith shall not apply if the labor-management agreement under which the employee has been employed provides otherwise.
     (3) It ((shall be)) is unlawful for any employer to withhold or divert any portion of an employee's wages unless the deduction is:
     (((1))) (a) Required by state or federal law; ((or
     (2))) (b) Specifically agreed upon orally or in writing by the employee and employer; or
     (((3))) (c) For medical, surgical, or hospital care or service, pursuant to ((any)) rule ((or regulation: PROVIDED, HOWEVER, That)) if the deduction is openly, clearly, and in due course recorded in the employer's books and records.
     ((Paragraph three)) (4) Subsection (3) of this section ((shall not be construed to)) does not affect the right of any employer or former employer to sue upon or collect any debt owed to ((said)) the employer or former employer by his or her employees or former employees.

Sec. 137   RCW 49.48.030 and 1971 ex.s. c 55 s 3 are each amended to read as follows:
     In any action in which any person is successful in recovering judgment for wages or salary owed to him or her, reasonable attorney's fees, in an amount to be determined by the court, shall be assessed against ((said)) the employer or former employer((: PROVIDED, HOWEVER, That)). This section shall not apply if the amount of recovery is less than or equal to the amount admitted by the employer to be owing for ((said)) the wages or salary.

Sec. 138   RCW 49.48.060 and 1971 ex.s. c 55 s 4 are each amended to read as follows:
     (1) If upon investigation by the director of the department of labor and industries, after taking assignments of any wage claim under RCW 49.48.040, it appears to the director that the employer is representing to his or her employees that he or she is able to pay wages for their services and that the employees are not being paid for their services, the director may require the employer to give a bond in such sum as the director deems reasonable and adequate in the circumstances, with sufficient surety, conditioned that the employer will for a definite future period not exceeding six months conduct his or her business and pay his or her employees in accordance with the laws of the state of Washington.
     (2) If within ten days after demand for ((such)) the bond the employer fails to provide the same, the director may commence a suit against the employer in the superior court of appropriate jurisdiction to compel him or her to furnish ((such)) the bond or cease doing business until he or she has done so. The employer ((shall have)) has the burden of proving the amount ((thereof)) of the bond to be excessive.
     (3) If the court finds that there is just cause for requiring ((such)) a bond and that the same is reasonable, necessary, or appropriate to secure the prompt payment of the wages of the employees of ((such)) the employer and his or her compliance with RCW 49.48.010 through 49.48.080, the court shall enjoin ((such)) the employer from doing business in this state until the requirement is met, or shall make other, and may make further, orders appropriate to compel compliance with the requirement.
     (4) Upon being informed of a wage claim against an employer or former employer, the director shall, if ((such)) the claim appears to be just, immediately notify the employer or former employer((,)) of ((such)) the claim by mail. If the employer or former employer fails to pay the claim or make satisfactory explanation to the director of his or her failure to do so, within thirty days thereafter, the employer or former employer ((shall be)) is liable to a penalty of ten percent of that portion of the claim found to be justly due. The director ((shall have)) has a cause of action against the employer or former employer for the recovery of ((such)) the penalty, and the same may be included in any subsequent action by the director on ((said)) the wage claim, or may be exercised separately after adjustment of ((such)) the wage claim without court action.

Sec. 139   RCW 49.48.070 and 1935 c 96 s 4 are each amended to read as follows:
     ((It shall be the duty of)) The director of labor and industries ((to)) must inquire diligently for any violations of RCW 49.48.040 through 49.48.080, and ((to)) must institute ((the)) actions for penalties ((herein provided,)) and ((to)) enforce generally the provisions of RCW 49.48.040 through 49.48.080.

Sec. 140   RCW 49.48.150 and 1992 c 177 s 1 are each amended to read as follows:
     ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout RCW 49.48.160 through 49.48.190 unless the context clearly requires otherwise.
     (1) "Commission" means compensation paid a sales representative by a principal in an amount based on a percentage of the dollar amount of certain orders for or sales of the principal's product.
     (2) "Principal" means a person, whether or not the person has a permanent or fixed place of business in this state, who:
     (a) Manufactures, produces, imports, or distributes a product for sale to customers who purchase the product for resale;
     (b) Uses a sales representative to solicit orders for the product; and
     (c) Compensates the sales representative in whole or in part by commission.
     (3) "Sales representative" means a person who solicits, on behalf of a principal, orders for the purchase at wholesale of the principal's product, but does not include a person who places orders for his or her own account for resale, or purchases for his or her own account for resale, or sells or takes orders for the direct sale of products to the ultimate consumer.

Sec. 141   RCW 49.48.210 and 2004 c 7 s 2 are each amended to read as follows:
     (1) Except as provided in subsection (10) of this section, when an employer determines that an employee was overpaid wages, the employer shall provide written notice to the employee. The notice shall include the amount of the overpayment, the basis for the claim, a demand for payment within twenty calendar days of the date on which the employee received the notice, and the rights of the employee under this section.
     (2) The notice may be served upon the employee in the manner prescribed for the service of a summons in a civil action, or be mailed by certified mail, return receipt requested, to the employee at his or her last known address.
     (3) Within twenty calendar days after receiving the notice from the employer that an overpayment has occurred, the employee may request, in writing, that the employer review its finding that an overpayment has occurred. The employee may choose to have the review conducted through written submission of information challenging the overpayment or through a face-to-face meeting with the employer. If the request is not made within the twenty-day period as provided in this subsection, the employee may not further challenge the overpayment and has no right to further agency review, an adjudicative proceeding, or judicial review.
     (4) Upon receipt of an employee's written request for review of the overpayment, the employer shall review the employee's challenge to the overpayment. Upon completion of the review, the employer shall notify the employee in writing of the employer's decision regarding the employee's challenge. The notification must be sent by certified mail, return receipt requested, to the employee at his or her last known address.
     (5) If the employee is dissatisfied with the employer's decision regarding the employee's challenge to the overpayment, the employee may request an adjudicative proceeding governed by the administrative procedure act, chapter 34.05 RCW or, in the case of a county or city employee, an adjudicative proceeding provided pursuant to ordinance or resolution of the county or city. The employee's application for an adjudicative proceeding must be in writing, state the basis for contesting the overpayment notice, and include a copy of the employer's notice of overpayment. The application must be served on and received by the employer within twenty-eight calendar days of the employee's receipt of the employer's decision following review of the employee's challenge. Notwithstanding RCW 34.05.413(3), agencies may not vary the requirements of this subsection (5) by rule or otherwise. The employee must serve the employer by certified mail, return receipt requested.
     (6) If the employee does not request an adjudicative proceeding within the twenty-eight-day period, the amount of the overpayment provided in the notice shall be deemed final and the employer may proceed to recoup the overpayment as provided in this section and RCW 49.48.200.
     (7) Where an adjudicative proceeding has been requested, the presiding or reviewing officer shall determine the amount, if any, of the overpayment received by the employee.
     (8) If the employee fails to attend or participate in the adjudicative proceeding, upon a showing of valid service, the presiding or reviewing officer may enter an administrative order declaring the amount claimed in the notice sent to the employee after the employer's review of the employee's challenge to the overpayment to be assessed against the employee and subject to collection action by the employer as provided in RCW 49.48.200.
     (9) Failure to make an application for a review by the employer as provided in subsections (3) and (4) of this section or an adjudicative proceeding within twenty-eight calendar days of the date of receiving notice of the employer's decision after review of the overpayment shall result in the establishment of a final debt against the employee in the amount asserted by the employer, which debt shall be collected as provided in RCW 49.48.200.
     (10) When an employer determines that an employee covered by a collective bargaining agreement was overpaid wages, the employer shall provide written notice to the employee. The notice shall include the amount of the overpayment, the basis for the claim, and the rights of the employee under the collective bargaining agreement. Any dispute relating to the occurrence or amount of the overpayment shall be resolved using the grievance procedures contained in the collective bargaining agreement.
     (11) As used in this section or RCW ((49.48.210 [49.48.200])) 49.48.200 and 49.48.220:
     (a) "City" means city or town;
     (b) "Employer" means the state of Washington or a county or city, and any of its agencies, institutions, boards, or commissions; and
     (c) "Overpayment" means a payment of wages for a pay period that is greater than the amount earned for a pay period.

Sec. 142   RCW 49.52.010 and 1975 c 34 s 1 are each amended to read as follows:
     All money((s)) collected by any employer from his or ((its)) her employees and all money to be paid by any employer as his or her contribution for furnishing, either directly, or through contract, or arrangement with a hospital association, corporation, firm, or individual, of medicine, medical or surgical treatment, nursing, hospital service, ambulance service, dental service, burial service, or any or all of the above enumerated services, or any other necessary service, contingent upon sickness, accident, or death, are hereby declared to be a trust fund for the purposes for which the same are collected. The trustees (or their administrator, representative, or agent under direction of the trustees) of such fund are authorized to take such action as is deemed necessary to ensure that the employer contributions are made including, but not limited to filing actions at law, and filing liens against money((s)) due to the employer from the performance of labor or furnishing of materials to which the employees contributed their services. ((Such trust fund is subject to the provisions of chapter 48.52 RCW.))

Sec. 143   RCW 49.52.020 and 1975 c 34 s 2 are each amended to read as follows:
     In case any employer collecting money((s)) from his or her employees or making contributions to any type of benefit plan for any or all of the purposes specified in RCW 49.52.010, ((shall)) enter into a contract or arrangement with any hospital association, corporation, firm, or individual, to furnish any such service to its employees, the association, corporation, firm, or individual contracting to furnish such services, shall have a lien upon such trust fund ((prior to)) before all other liens except taxes. The lien hereby created shall attach from the date of the arrangement or contract to furnish such services and may be foreclosed in the manner provided by law for the foreclosure of other liens on personal property.

Sec. 144   RCW 49.52.030 and 1989 c 12 s 16 are each amended to read as follows:
     All money((s)) realized by any employer from the employer's employees either by collection or by deduction from the wages or pay of employees intended or to be used for the furnishing to workers engaged in extrahazardous work, their families or dependents, of medical, surgical, or hospital care and treatment, or for nursing, ambulance service, burial, or any or all of the above enumerated services, or any service incidental to or furnished or rendered because of sickness, disease, accident, or death, and all money((s)) owing by any employer therefor, shall be and remain a fund for the purposes for which ((such)) the money((s are)) is intended to be used, and shall not constitute or become any part of the assets of the employer making such collections or deductions((: PROVIDED, HOWEVER, That)). However, RCW 49.52.030 and 49.52.040 shall not apply to money((s)) collected or deducted ((as aforesaid)) for, or owing by employers to the state medical aid fund. ((Such)) The money((s)) shall be paid over promptly to the physician or surgeon or hospital association or other parties to which ((such)) the money((s are)) is due and for the purposes for which ((such)) the collections or deductions were made.

Sec. 145   RCW 49.52.040 and 1929 c 136 s 2 are each amended to read as follows:
     If any ((such)) employer ((shall)) defaults in any ((such)) payment to any physician, surgeon, hospital, hospital association, or any other parties to whom any ((such)) payment is due, the sum so due may be collected by an action at law in the name of the physician, surgeon, hospital, hospital association, or any other party to whom ((such)) the payment is owing, or their assigns and against ((such)) the defaulting employer, and in addition to ((such)) the action, such claims ((shall)) have the same priority and lien rights as granted to the state for claims due the accident and medical aid funds by ((section 7682 of Remington's Compiled Statutes of Washington, 1922 [RCW 51.16.150 through 51.16.170], and acts amendatory thereto, which)) RCW 51.16.150 through 51.16.170. The priority and lien rights shall be enforced in the same manner and under the same conditions as provided in ((said section 7682 [RCW 51.16.150 through 51.16.170]: PROVIDED, HOWEVER, That the said)) RCW 51.16.150 through 51.16.170. However, the claims for physicians, surgeons, hospitals, and hospital associations and others ((shall be)) are secondary and inferior to any claims of the state and to any claims for labor. ((Such)) This right of action ((shall be)) is in addition to any other right of action or remedy.

Sec. 146   RCW 49.52.050 and 1941 c 72 s 1 are each amended to read as follows:
     Any employer or officer, vice principal, or agent of any employer, whether ((said)) the employer ((be)) is in private business or is an elected public official, who:
     (1) ((Shall)) Collects or receives from any employee a rebate of any part of wages ((theretofore)) paid by ((such)) the employer to ((such)) the employee; ((or))
     (2) Willfully and with intent to deprive the employee of any part of his or her wages, ((shall)) pays any employee a lower wage than the wage ((such)) the employer is obligated to pay ((such)) the employee by any statute, ordinance, or contract; ((or))
     (3) ((Shall)) Willfully makes or causes another to make any false entry in any employer's books or records purporting to show the payment of more wages to an employee than ((such)) the employee received; ((or))
     (4) Being an employer or a person charged with the duty of keeping any employer's books or records ((shall)) willfully fails or causes another to fail to show openly and clearly in due course in such employer's books and records any rebate of or deduction from any employee's wages; or
     (5) ((Shall)) Willfully receives or accepts from any employee any false receipt for wages;
     ((Shall be)) Is guilty of a misdemeanor.

Sec. 147   RCW 49.52.060 and 1939 c 195 s 2 are each amended to read as follows:
     The provisions of RCW 49.52.050 ((shall)) do not make it unlawful for an employer to withhold or divert any portion of an employee's wages when required or empowered so to do by state or federal law or when a deduction has been expressly authorized in writing in advance by the employee for a lawful purpose accruing to the benefit of ((such)) the employee ((nor shall)). The provisions of RCW 49.52.050 do not make it unlawful for an employer to withhold deductions for medical, surgical, or hospital care or service, pursuant to any rule or regulation((: PROVIDED, That)). However, the employer must derive((s)) no financial benefit from ((such)) the deduction and the ((same)) deduction ((is)) must be openly, clearly, and in due course recorded in the employer's books.

Sec. 148   RCW 49.52.070 and 1939 c 195 s 3 are each amended to read as follows:
     Any employer and any officer, vice principal, or agent of any employer who ((shall)) violates ((any of the provisions of subdivisions (1) and (2) of)) RCW 49.52.050 (1) or (2) ((shall be)) is liable in a civil action by the aggrieved employee or his or her assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and a reasonable sum for attorney's fees((: PROVIDED, HOWEVER, That)). However, the benefits of this section ((shall not be)) are not available to any employee who has knowingly submitted to such violations.

Sec. 149   RCW 49.52.080 and 1939 c 195 s 4 are each amended to read as follows:
     The violations by an employer or any officer, vice principal, or agent of any employer of ((any of the provisions of subdivisions (3), (4), and (5) of)) RCW 49.52.050 ((shall)) (3) through (5) raise a presumption that any deduction from or underpayment of any employee's wages connected with ((such)) the violation was willful.

Sec. 150   RCW 49.52.090 and 1935 c 29 s 1 are each amended to read as follows:
     Every person, whether as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes or receives, or conspires with another to take or receive, for his or her own use or the use of any other person acting with him or her, any part or portion of the wages paid to any laborer, ((workman)) worker, or mechanic, including a piece worker and working subcontractor, in connection with services rendered upon any public work within this state, whether ((such)) the work is done directly for the state, or public body or officer thereof, or county, city and county, city, town, township, district, or other political subdivision of the ((said)) state or for any contractor or subcontractor engaged in ((such)) public work for ((such)) an awarding or public body or officer, ((shall be)) is guilty of a gross misdemeanor.

Sec. 151   RCW 49.56.010 and Code 1881 s 1972 are each amended to read as follows:
     In all assignments of property made by any person to trustees or assignees on account of the inability of the person at the time of the assignment to pay his or her debts, or in proceedings in insolvency, the wages of the miners, mechanics, ((salesmen)) salespeople, servants, clerks, or laborers employed by such persons to the amount of one hundred dollars, each, and for services rendered within sixty days previously, are preferred claims, and must be paid by such trustees or assignees before any other creditor or creditors of the assignor.

Sec. 152   RCW 49.56.020 and Code 1881 s 1973 are each amended to read as follows:
     In case of the death of any employer, the wages of each miner, mechanic, ((salesman)) salesperson, clerk, servant, and laborer for services rendered within sixty days next preceding the death of the employer, not exceeding one hundred dollars, rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate, and the allowance to the widow and infant children, and must be paid before other claims against the estate of the deceased person.

Sec. 153   RCW 49.56.030 and Code 1881 s 1974 are each amended to read as follows:
     In cases of executions, attachments, and writs of similar nature issued against any person, except for claims for labor done, any miners, mechanics, ((salesmen)) salespeople, servants, clerks, and laborers who have claims against the defendant for labor done, may give notice of their claims and the amount thereof, sworn to by the person making the claim to the creditor and the officer executing either of such writs at any time before the actual sale of property levied on, and unless such claim is disputed by the debtor or a creditor, such officer must pay to ((such)) the person out of the proceeds of the sale, the amount each is entitled to receive for services rendered within sixty days next preceding the levy of the writ, not exceeding one hundred dollars. If any or all of the claims so presented and claiming preference under this chapter, are disputed by either the debtor or a creditor, the person presenting the same must commence an action within ten days from the recovery thereof, and must prosecute his or her action with due diligence, or be forever barred from any claim of priority of payment thereof((; and)). The officer shall retain possession of so much of the proceeds of the sale as may be necessary to satisfy ((such)) the claim, until the determination of such action((; and in case)). If judgment be had for the claim or any part thereof, carrying costs, the costs taxable therein shall likewise be a preferred claim with the same rank as the original claim.

Sec. 154   RCW 49.56.040 and 1967 ex.s. c 86 s 1 are each amended to read as follows:
     In distraint or insolvency proceedings affecting the assets of an employer, claims for labor, salaries, or wages not to exceed six hundred dollars to each claimant ((which)) that have been earned within three months before the date of the distraint or commencement of the proceeding shall be paramount and superior to any claim preferred or presented by an agency of the state((: PROVIDED, That)). However, this section ((shall)) does not apply to any compensation payable to an employer or to an officer, director, or stockholder of a corporate employer.

Sec. 155   RCW 49.60.174 and 2003 c 273 s 3 are each amended to read as follows:
     (1) For the purposes of determining whether an unfair practice under this chapter has occurred, claims of discrimination based on actual or perceived HIV or hepatitis C infection shall be evaluated in the same manner as other claims of discrimination based on sensory, mental, or physical disability; or the use of a trained dog guide or service animal by a ((disabled)) person with a disability.
     (2) Subsection (1) of this section shall not apply to transactions with insurance entities, health service contractors, or health maintenance organizations subject to RCW 49.60.030(1)(e) or 49.60.178 to prohibit fair discrimination on the basis of actual HIV or actual hepatitis C infection status when bona fide statistical differences in risk or exposure have been substantiated.
     (3) For the purposes of this chapter:
     (a) "HIV" means the human immunodeficiency virus, and includes all HIV and HIV-related viruses which damage the cellular branch of the human immune system and leave the infected person immunodeficient; and
     (b) "Hepatitis C" means the hepatitis C virus of any genotype.

Sec. 156   RCW 49.60.178 and 2006 c 4 s 9 are each amended to read as follows:
     It is an unfair practice for any person whether acting for himself, herself, or another in connection with an insurance transaction or transaction with a health maintenance organization to cancel or fail or refuse to issue or renew insurance or a health maintenance agreement to any person because of sex, marital status, sexual orientation, race, creed, color, national origin, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a ((disabled)) person((: PROVIDED, That)) with a disability. However, a practice ((which)) that is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this section. For the purposes of this section, "insurance transaction" is defined in RCW 48.01.060, "health maintenance agreement" is defined in RCW 48.46.020, and "health maintenance organization" is defined in RCW 48.46.020.
     The fact that such unfair practice may also be a violation of chapter 48.30, 48.44, or 48.46 RCW does not constitute a defense to an action brought under this section.
     The insurance commissioner, under RCW 48.30.300, and the human rights commission, under chapter 49.60 RCW, shall have concurrent jurisdiction under this section and shall enter into a working agreement as to procedure to be followed in complaints under this section.

Sec. 157   RCW 49.60.250 and 1993 c 510 s 23 and 1993 c 69 s 14 are each reenacted and amended to read as follows:
     (1) In case of failure to reach an agreement for the elimination of ((such)) an unfair practice, and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the chairperson of the commission. The chairperson of the commission shall thereupon request the appointment of an administrative law judge under Title 34 RCW to hear the complaint and shall cause to be issued and served in the name of the commission a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint at a hearing before the administrative law judge, at a time and place to be specified in such notice.
     (2) The place of any such hearing may be the office of the commission or another place designated by it. The case in support of the complaint shall be presented at the hearing by counsel for the commission((: PROVIDED, That)). The complainant may retain independent counsel and submit testimony and be fully heard. No member or employee of the commission who previously made the investigation or caused the notice to be issued shall participate in the hearing except as a witness, nor shall the member or employee participate in the deliberations of the administrative law judge in such case. Any endeavors or negotiations for conciliation shall not be received in evidence.
     (3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. The respondent has the right to cross-examine the complainant.
     (4) The administrative law judge conducting any hearing may permit reasonable amendment to any complaint or answer. Testimony taken at the hearing shall be under oath and recorded.
     (5) If, upon all the evidence, the administrative law judge finds that the respondent has engaged in any unfair practice, the administrative law judge shall state findings of fact and shall issue and file with the commission and cause to be served on such respondent an order requiring such respondent to cease and desist from such unfair practice and to take such affirmative action, including, ((())but not limited to(())), hiring, reinstatement, or upgrading of employees, with or without back pay, an admission or restoration to full membership rights in any respondent organization, or to take ((such)) other action as, in the judgment of the administrative law judge, will effectuate the purposes of this chapter, including action that could be ordered by a court, except that damages for humiliation and mental suffering shall not exceed ten thousand dollars, and including a requirement for report of the matter on compliance. Relief available for violations of RCW 49.60.222 through 49.60.224 shall be limited to the relief specified in RCW 49.60.225.
     (6) If a determination is made that retaliatory action, as defined in RCW 42.40.050, has been taken against a whistleblower, as defined in RCW 42.40.020, the administrative law judge may, in addition to any other remedy, impose a civil penalty upon the retaliator of up to three thousand dollars and issue an order to the state employer to suspend the retaliator for up to thirty days without pay. At a minimum, the administrative law judge shall require that a letter of reprimand be placed in the retaliator's personnel file. All penalties recovered shall be paid into the state treasury and credited to the general fund.
     (7) The final order of the administrative law judge shall include a notice to the parties of the right to obtain judicial review of the order by appeal in accordance with the provisions of RCW 34.05.510 through 34.05.598, and that ((such)) the appeal must be served and filed within thirty days after the service of the order on the parties.
     (8) If, upon all the evidence, the administrative law judge finds that the respondent has not engaged in any alleged unfair practice, the administrative law judge shall state findings of fact and shall similarly issue and file an order dismissing the complaint.
     (9) An order dismissing a complaint may include an award of reasonable attorneys' fees in favor of the respondent if the administrative law judge concludes that the complaint was frivolous, unreasonable, or groundless.
     (10) The commission shall establish rules of practice to govern, expedite, and effectuate the foregoing procedure.

Sec. 158   RCW 49.60.310 and 1985 c 185 s 26 are each amended to read as follows:
     Any person who willfully resists, prevents, impedes, or interferes with the commission or any of its members or representatives in the performance of duty under this chapter, or who willfully violates an order of the commission, is guilty of a misdemeanor; but procedure for the review of the order shall not be deemed to be such willful conduct.

Sec. 159   RCW 49.60.360 and 1994 c 262 s 17 are each amended to read as follows:
     (1) Every person, firm, partnership, association, trustee, or corporation ((which)) that operates a gasoline service station, or other facility ((which)) that offers gasoline or other motor vehicle fuel for sale to the public from such a facility, shall provide, upon request, refueling service to ((disabled)) drivers who are disabled, unaccompanied by passengers capable of safely providing refueling service, of vehicles ((which)) that display a ((disabled person's)) special license plate or placard issued by the department of licensing to a person with a disability. The price charged for the motor vehicle fuel in such a case shall be no greater than that which the facility otherwise would charge the public generally to purchase motor vehicle fuel without refueling service. This section does not require a facility to provide ((disabled)) drivers who are disabled with services, including but not limited to checking oil or cleaning windshields, other than refueling services.
     (2) This section does not apply to:
     (a) Exclusive self-service gas stations ((which)) that have remotely controlled gas pumps and ((which)) that never provide pump island service; and
     (b) Convenience stores ((which)) that sell gasoline, ((which)) that have remotely controlled gas pumps, and ((which)) that never provide pump island service.
     (3) Any person who, as a responsible managing individual setting service policy of a station or facility or as an employee acting independently against set service policy, acts in violation of this section is guilty of a misdemeanor. This subsection shall be enforced by the prosecuting attorney.
     (4)(a) The human rights commission shall, upon the filing of a verified written complaint by any person, investigate the actions of any person, firm, partnership, association, trustee, or corporation alleged to have violated this section. The complaint shall be in the form prescribed by the commission. The commission may, upon its own motion, issue complaints and conduct investigations of alleged violations of this section.
     (b) RCW 49.60.240 through 49.60.280 shall apply to complaints under this section.
     (5) In addition to those matters referred pursuant to subsection (3) of this section, the prosecuting attorney may investigate and prosecute alleged violations of this section.
     (6) Any person who intentionally displays a license plate or placard ((which)) that is invalid, or ((which)) that was not lawfully issued to that person, for the purpose of obtaining refueling service under subsection (1) of this section ((shall be)) is subject to a civil fine of one hundred dollars for each ((such)) violation.
     (7) A notice setting forth the provisions of this section shall be provided by the department of licensing to every person, firm, partnership, association, trustee, or corporation ((which)) that operates a gasoline service station, or other facility ((which)) that offers gasoline or other motor vehicle fuel for sale to the public from such a facility.
     (8) A notice setting forth the provisions of this section shall be provided by the department of licensing to every person with a disability who is issued a ((disabled person's)) special license plate or placard.
     (9) For the purposes of this section, "refueling service" means the service of pumping motor vehicle fuel into the fuel tank of a motor vehicle.
     (10) Nothing in this section limits or restricts the rights or remedies provided under chapter 49.60 RCW.

Sec. 160   RCW 49.60.380 and 1997 c 271 s 24 are each amended to read as follows:
     A county, city, or town shall honor a request by a ((blind)) person who is blind or hearing impaired ((person)) not to be charged a fee to license his or her dog guide, or a request by a ((physically disabled)) person with a physical disability not to be charged a fee to license his or her service animal.

Sec. 161   RCW 49.64.030 and 1953 c 45 s 1 are each amended to read as follows:
     Notwithstanding the provisions of RCW 26.16.030, whenever payment or refund is made to an employee, former employee, or his or her beneficiary or estate pursuant to and in full compliance with a written retirement, death, or other employee benefit plan or savings plan, ((such)) the payment or refund shall fully discharge the employer and any trustee or insurance company making ((such)) the payment or refund from all adverse claims thereto unless, before ((such)) the payment or refund is made, the employer or former employer, where the payment is made by the employer or former employer, has received at its principal place of business within this state, written notice by or on behalf of some other person that such other person claims to be entitled to ((such)) the payment or refund or some part thereof, or where a trustee or insurance company is making the payment, ((such)) the notice has been received by the trustee or insurance company at its home office or its principal place of business within this state, and if none, ((such)) the notice may be made on the secretary of state((: PROVIDED, HOWEVER, That nothing contained in)). This section ((shall)) does not affect any claim or right to any ((such)) payment or refund or part thereof as between all persons other than employer and the trustee or insurance company making ((such)) the payment or refund.

Sec. 162   RCW 49.64.040 and 1988 c 259 s 1 are each amended to read as follows:
     (1) Unless the context clearly requires otherwise, in this section "dental care assistance plan" means any plan of dental insurance offered by an insurer as defined by chapter 48.01 RCW and any agreement for dental care benefits entered into or renewed after January 1, 1989, provided by a health care service contractor as defined by chapter 48.44 RCW.
     (2) Each employer, public or private, that offers its employees a dental care assistance plan and each employee benefits fund that offers its members a dental care assistance plan limiting the provider of dental care to designated providers or group of providers, shall make available to and inform its employees or members of the option of enrolling in an alternative dental care assistance plan that permits the employees or members to obtain dental care services from any licensed dental care provider of their choice. The portion of the premium paid by the employer for the limiting plan shall be comparable to, but in no case greater than, the portion of the premium paid by the employer for the other plan. If employees are members of a bona fide bargaining unit covered by a labor-management collective bargaining agreement, the selection of the options required by this section may be specified in the agreement. The provisions of this section are not mandatory if the employees are covered by Taft-Hartley health care trust, except that the labor-management trustees may contract with a dental care assistance plan if a feasibility study determines it is to the advantage of the members((: PROVIDED, That)).
     (3) This section ((shall only apply)) applies only to employers with greater than twenty-five employees under coverage.

Sec. 163   RCW 49.66.020 and 1973 2nd ex.s. c 3 s 2 are each amended to read as follows:
     ((As used in this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Health care activity" includes any hospital, nursing home, institution, agency, or establishment, exclusive of those operated by the state, its municipalities, or political subdivisions, having for one of its principal purposes the preservation of health or the care of sick, aged, or infirm persons.
     (2) "Bargaining unit" includes any group of employees of a health care activity having substantially common interests with respect to working conditions. The composition of a bargaining unit may be determined by common consent between an employer and its employees, or, in the event either party ((shall apply)) applies to the director ((of labor and industries)) for a determination of the composition of a bargaining unit, it shall be determined by the director ((of labor and industries)) or his or her delegated representative. No bargaining unit shall be found appropriate if it includes guards together with other employees.
     (3) "Employee" includes any registered nurse or licensed practical nurse or service personnel performing services for wages for a health care activity. ((The term shall)) "Employee" does not apply to a member of a religious order assigned to a health care activity by the order as a part of his or her obligations to it; nor ((shall)) does it apply to persons performing services in connection with healing by prayer or spiritual means alone in accordance with the tenets and practices of recognized church or religious denominations by adherents thereof; nor ((shall)) does it apply to supervisors.
     (4) "Employer" includes any person, agency, corporation, company, or other organization engaged in the operation of a health care activity, whether for profitable or charitable purposes.
     (5) "Supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. "Supervisor" includes registered nurses only if administrative supervision is his or her primary duty and activity.
     (6) "Guard" means any individual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer's premises.
     (7) "Director" means the director of the department of labor and industries.
     (8) "Department" means the department of labor and industries.

Sec. 164   RCW 49.66.030 and 1973 2nd ex.s. c 3 s 3 are each amended to read as follows:
     An employee association shall be deemed the properly designated representative of a bargaining unit when it can show evidence that bargaining rights have been assigned to it by a majority of the employees in the bargaining unit. Should questions arise concerning the representative status of any employee organization claiming to represent a bargaining unit of employees, upon petition by ((such an)) the organization, it ((shall be)) is the duty of the director, acting by himself or herself or through a designee to investigate and determine the composition of the organization. Any organization found authorized by not less than thirty percent of the employees of a bargaining unit ((shall be)) is eligible to apply for an election to determine its rights to represent the unit. If more than one organization ((shall)) claims to represent any unit, the director, or ((his)) the director's designee, may conduct an election by secret ballot to determine which organization ((shall be)) is authorized to represent the unit. In order to be certified as a bargaining representative, an employee organization must receive, in a secret ballot election, votes from a majority of the employees who vote in the election, except that nothing in this section ((shall)) prohibits the voluntary recognition of a labor organization as a bargaining representative by an employer upon a showing of reasonable proof of majority. In any election held pursuant to this section, there shall be a choice on the ballot for employees to designate that they do not wish to be represented by any bargaining representative. No representation election shall be directed in any bargaining unit or any subdivision thereof within which, in the preceding twelve-month period, a valid election has been held. Thirty percent of the employees of an employer may file a petition for a secret ballot election to ascertain whether the employee organization ((which)) that has been certified or is currently recognized by their employer as their bargaining representative is no longer their bargaining representative.
     No employee organization shall be certified as the representative of employees in a bargaining unit of guards, if ((such)) the organization admits to membership, or is affiliated directly or indirectly with an organization ((which)) that admits to membership, employees other than guards. The determination shall be based upon a plurality of votes cast in ((such)) the election, and shall remain in effect for a period of not less than one year. In determining appropriate bargaining units, the director shall limit ((such)) the units to groups consisting of registered nurses, licensed practical nurses, or service personnel((: PROVIDED, HOWEVER, That)). If a majority of each such classification desires inclusion within a single bargaining unit, they may combine into a single unit.

Sec. 165   RCW 49.66.040 and 1972 ex.s. c 156 s 4 are each amended to read as follows:
     It ((shall be deemed)) is an unfair labor practice, and unlawful, for any health care activity to:
     (1) Interfere with, restrain, or coerce employees in any manner in the exercise of their right of self-organization((: PROVIDED, That)). The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under ((any of the provisions of)) this chapter, if such expression contains no threat of reprisal or force or promise of benefit;
     (2) Initiate, create, dominate, contribute to, or interfere with the formation or administration of any employee organization having bargaining as one of its functions;
     (3) Discriminate in regard to hire, terms, or conditions of employment in order to discourage membership in any employee organization having collective bargaining as one of its functions;
     (4) Refuse to meet and bargain in good faith with the duly designated representatives of an appropriate bargaining unit of employees; and it ((shall be)) is a requirement of good faith bargaining that the parties be willing to reduce to writing, and have their representatives sign, any agreement arrived at through negotiation and discussion.

Sec. 166   RCW 49.66.050 and 1973 2nd ex.s. c 3 s 4 are each amended to read as follows:
     It ((shall be)) is an unfair labor practice and unlawful, for any employee organization or its agent to:
     (1) Restrain or coerce (a) employees in the exercise of their right to refrain from self-organization, or (b) an employer in the selection of its representatives for purposes of collective bargaining or the adjustment of grievances;
     (2) Cause or attempt to cause an employer to discriminate against an employee in violation of ((subsection (3) of)) RCW 49.66.040 (3) or to discriminate against an employee with respect to whom membership in ((such)) the organization has been denied or terminated on some ground other than his or her failure to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership;
     (3) Refuse to meet and bargain in good faith with an employer, provided it is the duly designated representative of the employer's employees for purposes of collective bargaining;
     (4) Require of employees covered by a union security agreement the payment, as a condition precedent to becoming a member of ((such)) the organization, of a fee in an amount ((which)) that the director finds excessive or discriminatory under all the circumstances. In making such a finding, the director shall consider, among other relevant factors, the practices and customs of labor organizations in the particular industry, and the wages currently paid to the employees affected;
     (5) Cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services ((which)) that are not performed or not to be performed;
     (6) Enter into any contract or agreement, express or implied, whereby an employer or other person ceases or refrains, or agrees to cease or refrain, from handling, using, selling, transporting, or otherwise dealing in any of the products or services of any other employer or person, or to cease doing business with any other employer or person, and any such contract or agreement ((shall be)) is unenforceable and void; or
     (7) Engage in, or induce or encourage any individual employed by any employer or to engage in, an activity prohibited by RCW 49.66.060.

Sec. 167   RCW 49.66.060 and 1972 ex.s. c 156 s 6 are each amended to read as follows:
     No employee organization, bargaining representative, person, or employee shall authorize, sanction, engage in, or participate in a strike (including but not limited to a concerted work stoppage of any kind, concerted slowdown, or concerted refusal or failure to report for work or perform work) or picketing against an employer under any circumstances, whether arising out of a recognition dispute, bargaining impasse, or otherwise((: PROVIDED, That nothing in)). This section ((shall)) does not prohibit picketing or other publicity for the sole purpose of truthfully advising the public of the existence of a dispute with the employer, unless an effect of such picketing or other publicity is (((a))) (1) to induce any employee of the employer or any other individual, in the course of his or her employment, not to pick up, deliver, or transfer goods, not to enter the employer's premises, or not to perform services; or (((b))) (2) to induce ((such an)) the employee or individual to engage in a strike.

Sec. 168   RCW 49.66.070 and 1973 2nd ex.s. c 3 s 5 are each amended to read as follows:
     The director or any employee organization qualified to apply for an election under RCW 49.66.030 ((as now or hereafter amended)) or any employer may maintain in its name or in the name of its members legal action in any county in which jurisdiction of the employer or employee organization may be obtained, to seek relief from the commission of an unfair labor practice((: PROVIDED, That)). Such employer or employee organization exhausts the administrative remedies under rules ((and regulations promulgated)) adopted by the department ((prior to)) before seeking such court action.
     The department is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders. Any party aggrieved by any remedial order is entitled to the judicial review thereof in accordance with ((the provisions of)) chapter 34.05 RCW.

Sec. 169   RCW 49.66.080 and 1973 2nd ex.s. c 3 s 6 are each amended to read as follows:
     The director ((shall have the power to make such)) may adopt rules ((and regulations not inconsistent)) consistent with this chapter, including the establishment of procedures for the hearing and determination of charges alleging unfair labor practices, and for a determination on application by either party when an impasse has arisen, and as ((he shall)) the director determines are necessary to effectuate its purpose and to enable him or her to carry out its provisions.

Sec. 170   RCW 49.66.090 and 2005 c 433 s 44 are each amended to read as follows:
     ((In the event that)) If a health care activity and an employees' bargaining unit ((shall)) reach an impasse, the matters in dispute shall be submitted to a board of arbitration composed of three arbitrators for final and binding resolution. The board shall be selected in the following manner: Within ten days, the employer shall appoint one arbitrator and the employees shall appoint one arbitrator. The two arbitrators ((so)) selected and named shall within ten days agree upon and select the name of a third arbitrator who shall act as ((chairman)) chair. If, upon the expiration of the period allowed therefor the arbitrators are unable to agree on the selection of a third arbitrator, ((such)) the arbitrator shall be appointed at the request of either party in accordance with RCW 7.04A.110, and that person shall act as chair of the arbitration board.

Sec. 171   RCW 49.66.100 and 1972 ex.s. c 156 s 10 are each amended to read as follows:
     The arbitration board, acting through its ((chairman)) chair, shall call a hearing to be held within ten days after the date of the appointment of the ((chairman)) chair. The board shall conduct public or private hearings. Reasonable notice of ((such)) the hearings shall be given to the parties who shall appear and be heard either in person or by counsel or other representative. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. A recording of the proceedings shall be taken. Any oral or documentary evidence and other data deemed relevant by the board may be received in evidence. The board ((shall have the power to)) may administer oaths, require the attendance of witnesses, ((and)) require the production of such books, papers, contracts, agreements, and documents as may be deemed by the board material to a just determination of the issues in dispute, and ((to)) issue subpoenas. If any person refuses to obey such subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held ((hereunder)) under this section, the board may invoke the jurisdiction of any superior court and such court ((shall have)) has jurisdiction to issue an appropriate order. A failure to obey ((such)) the order may be punished by the court as a contempt thereof. The hearing conducted by the arbitrators shall be concluded within twenty days of the time of commencement and, within ten days after conclusion of the hearings, the arbitrator shall make written findings and a written opinion upon the issues presented, a copy of which shall be mailed or otherwise delivered to the employees' negotiating agent or its attorney or other designated representative and to the employer or the employer's attorney or designated representative. The determination of the dispute made by the board ((shall be)) is final and binding upon both parties.

Sec. 172   RCW 49.66.120 and 1975-'76 2nd ex.s. c 34 s 147 are each amended to read as follows:
     The arbitrator so selected by the parties shall be paid at the daily rate or rates not to exceed the usual or customary rates paid to arbitrators in addition to travel expenses at the rates provided in RCW 43.03.050 and 43.03.060 ((as now existing or hereafter amended)). Such sums together with all expenses of the hearing shall be borne equally by the parties to the arbitration proceedings.

Sec. 173   RCW 49.66.900 and 1972 ex.s. c 156 s 13 are each amended to read as follows:
     If any portion of this chapter, or its application to any particular health care activity or class of health care activity, ((should be)) is held invalid, the remainder of the chapter, or its application to other health care activities, or other classes thereof, ((shall not be)) is not affected.

Sec. 174   RCW 49.70.170 and 2004 c 276 s 911 are each amended to read as follows:
     (1) The worker and community right to know fund is ((hereby)) established in the custody of the state treasurer. The department shall deposit all money((s)) received under this chapter in the fund. Money((s)) in the fund may be spent only for the purposes of this chapter following legislative appropriation. Disbursements from the fund shall be on authorization of the director or the director's designee. ((During the 2003-2005 fiscal biennium, moneys in the fund may also be used by the military department for the purpose of assisting the state emergency response commission and coordinating local emergency planning activities.)) The fund is subject to the allotment procedure provided under chapter 43.88 RCW.
     (2) The department shall assess each employer who reported ten thousand four hundred or more worker hours in the prior calendar year an annual fee to provide for the implementation of this chapter. The department shall ((promulgate)) adopt rules establishing a fee schedule for all employers who reported ten thousand four hundred or more worker hours in the prior calendar year and are engaged in business operations having a standard industrial classification, as designated in the standard industrial classification manual prepared by the federal office of management and budget, within major group numbers 01 through 08 (agriculture and forestry industries), numbers 10 through 14 (mining industries), numbers 15 through 17 (construction industries), numbers 20 through 39 (manufacturing industries), numbers 41, 42, and 44 through 49 (transportation, communications, electric, gas, and sanitary services), number 75 (automotive repair, services, and garages), number 76 (miscellaneous repair services), number 80 (health services), and number 82 (educational services). The department shall establish the annual fee for each employer who reported ten thousand four hundred or more worker hours in the prior calendar year in industries identified by this section, provided that fees assessed shall not be more than two dollars and fifty cents per full-time equivalent employee. The annual fee shall not exceed fifty thousand dollars. The fees shall be collected solely from employers whose industries have been identified by rule under this chapter. The department shall ((promulgate)) adopt rules allowing employers who do not have hazardous substances at their workplace to request an exemption from the assessment and shall establish penalties for fraudulent exemption requests. All fees collected by the department ((pursuant to)) under this section shall be collected in a cost-efficient manner and shall be deposited in the fund.
     (3) Records required by this chapter shall at all times be open to the inspection of the director, or ((his)) the director's designee including, the traveling auditors, agents or assistants of the department provided for in RCW 51.16.070 and 51.48.040. The information obtained from employer records under ((the provisions of)) this section ((shall be)) is subject to the same confidentiality requirements as set forth in RCW 51.16.070.
     (4) An employer may appeal the assessment of the fee or penalties pursuant to the procedures set forth in Title 51 RCW and accompanying rules except that the employer shall not have the right of appeal to superior court as provided in Title 51 RCW. The employer from whom the fee or penalty is demanded or enforced, may however, within thirty days of the board of industrial insurance appeal's final order, pay the fee or penalty under written protest setting forth all the grounds upon which ((such)) the fee or penalty is claimed to be unlawful, excessive, or otherwise improper and thereafter bring an action in superior court against the department to recover ((such)) the fee or penalty or any portion of the fee or penalty which was paid under protest.
     (5) Repayment shall be made to the general fund of any money((s)) appropriated by law in order to implement this chapter.

Sec. 175   RCW 49.70.210 and 1987 c 365 s 1 are each amended to read as follows:
     (1) It is the intent of the legislature that this chapter shall not apply to products that are generally made available to the noncommercial consumer((: PROVIDED, That)) if such "consumer" products used by employees in the workplace are used in substantially the same manner, form, and concentration as they are used by noncommercial consumers, and that the product exposure is not substantially greater to the employee than to the noncommercial consumer during normal and accepted use of that product.
     (2) The department shall adopt rules in accordance with chapter 34.05 RCW to implement this section. This section shall not affect the department's authority to implement and enforce the Washington industrial safety and health act, chapter 49.17 RCW, at least as effectively as the federal occupational safety and health act.

Sec. 176   RCW 49.74.005 and 1985 c 365 s 7 are each amended to read as follows:
     Discrimination because of race, creed, color, national origin, age, sex, marital status, or the presence of any sensory, mental, or physical handicap is contrary to the findings of the legislature and public policy. The legislature finds and declares that racial minorities, women, persons in protected age groups, persons with disabilities, Vietnam-era veterans, and ((disabled)) veterans who are disabled are underrepresented in Washington state government employment.
     The purpose of this chapter is to provide for enforcement measures for affirmative action within Washington state government employment and institutions of higher education in order to eliminate such underrepresentation.

NEW SECTION.  Sec. 177   The following acts or parts of acts are each repealed:
     (1) RCW 49.04.141 (Transportation opportunities -- Report) and 2003 c 363 s 202;
     (2) RCW 49.08.060 (Tender on exhaustion of available funds) and 1903 c 58 s 6;
     (3) RCW 49.17.288 (Cholinesterase monitoring -- Reports) and 2004 c 272 s 2;
     (4) RCW 49.32.072 (Injunctions -- Hearings and findings -- Temporary orders -- Security) and 1933 ex.s. c 7 s 7;
     (5) RCW 49.32.073 (Injunctions -- Complaints, conditions precedent) and 1933 ex.s. c 7 s 8;
     (6) RCW 49.32.074 (Injunctions -- Findings and order essential) and 1933 ex.s. c 7 s 9; and
     (7) RCW 49.32.910 (General repealer) and 1933 ex.s. c 7 s 15.