AN ACT Relating to safety and health in construction; adding a new section to chapter 49.17 RCW; creating a new section; and prescribing penalties.

NEW SECTION. Sec. 1. The legislature recognizes that construction plays a significant role in the vitality of Washington's economy. Construction work comprises a wide range of activities, and construction sites are known to be more hazardous compared to other work environments. Employers are required to provide certain training to employees prior to their job assignments regarding certain hazards. Employees must also play an active role in creating safe and healthy workplaces by complying with applicable safety and health rules.

A study published in the American college of occupational and environmental medicine found that workers who received safety and health training during a specified study period were twelve percent less likely than untrained workers to file a workers' compensation claim, and among younger workers, training was associated with a forty-two percent reduction in claims filed. As stated in the study, linking safety and health training to a reduction in workers' compensation rates provides important evidence of the effectiveness of training in reducing the incidents of work-related injury among construction laborers, in general, and among younger laborers, in particular.

In addition, according to the United States Centers for Disease Control and Prevention, construction workers have the highest suicide rate among all major occupational groups. According to the Washington department of health, there were one hundred twenty-five Washington residents who were classified as construction workers who died by suicide in 2018. Utilizing the workplace as a means to focus suicide prevention may decrease rates of suicide in construction workers.

Therefore, the legislature intends to: (1) Maintain high safety and health standards in construction by establishing a program to bring consistency and surety for workers and employers; and (2) raise awareness of suicide prevention among construction workers.

(1)(a) To be eligible to work in construction, employers shall ensure that workers performing construction activity, as determined by the department, have completed the training program called WISHA 10 or WISHA 30, in compliance with this section. The WISHA 10 training program applies to workers performing construction activity and the WISHA 30 training program applies to supervisors of construction workers.

(b) Employers shall ensure that workers who were performing construction activity prior to the effective date of this section, and persons who were supervisors of construction workers prior to the effective date of this section, complete WISHA 10 or WISHA 30 training no later than two years from the date the department makes the Washington-specific training module accessible to employers.

(c) Employers shall ensure that new workers who will be performing construction activity and new supervisors of construction workers must complete WISHA 10 or WISHA 30 training within fifteen days of beginning any work in construction.

(a) Completes a federal occupational safety and health standards training course for construction, known as OSHA 10 and OSHA 30, and the Washington-specific training module; and

(3)(a) For purposes of the WISHA 10 and WISHA 30 training, the department shall develop the Washington-specific training module comprised of state safety and health rules that are in addition to or exceed standards covered by the federal occupational safety and health act. In addition, the Washington-specific training module must include:

(b) The Washington-specific training module must be developed and accessible to employers and workers by December 1, 2021, and must be periodically updated by the department.

(5)(a) The department shall issue WISHA 10 and WISHA 30 course completion cards to persons who have completed WISHA 10 and WISHA 30 training.

(iii) List the department's telephone number to call where a person may report workplace health and safety concerns or violations; and

(6) It is a violation of this section for any employer or any person providing training or fraudulent WISHA 10 and WISHA 30 course completion cards to falsely assert that a person has completed training for the purposes of receiving or being issued a WISHA 10 or WISHA 30 course completion card.

(7) It is a violation of this section for an employer to employ a person who is required to complete WISHA 10 or WISHA 30 training, if the person has not completed training in compliance with this section.

(8) Any employer or person providing training or fraudulent WISHA 10 or WISHA 30 course completion cards who violates this section shall be subject to a mandatory fine of one thousand dollars per instance or fraudulent card.

(9) Civil penalties imposed under this chapter shall be paid to the director for deposit in the supplemental pension fund established in 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 the procedures for collection of civil penalties as set forth in RCW 51.48.120 through 51.48.150.

(10) This section does not affect an employer's responsibility to provide a place of employment free from recognized hazards or to otherwise comply with this chapter and other employment laws.