1644-S AMH SCHM LEON 138

SHB 1644 - H AMD 746

By Representative Schmidt

ADOPTED 03/10/2025

On page 5, line 10, after "$100" insert "and no more than $1,000"

On page 5, line 13, after "$150" insert "and no more than $1,000"

On page 5, line 15, after "$300" insert "and no more than $1,000"

On page 5, line 22, after "(1)(c)(iv);" strike "and"

On page 5, beginning on line 23, after "than" strike all material through "death" on line 24 and insert "$15,000 for any violation resulting in the serious physical harm"

On page 5, line 25, after "repeated violation" insert "; and

(vi) No less than $71,000 for any violation resulting in the death of a minor, which may be doubled where the violation is a willful violation or a repeated violation"

On page 5, line 31, after "maximum of" strike "$10,000" and insert "$5,000"

On page 7, beginning on line 3, strike all of subsection (i)

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 7, line 14, after "order," strike "and" and insert "where"

On page 8, after line 28, insert the following:

"NEW SECTION. Sec. 5. A new section is added to chapter 49.17 RCW to read as follows:

The department shall make a good faith effort to notify an employer within 10 calendar days when the department immediately identifies a hazard that could cause injury to a minor worker during an inspection conducted under this chapter. Such notice does not eliminate or modify any other right, responsibility, or authority provided in this chapter."

Renumber the remaining sections consecutively and correct any internal references accordingly.

On page 9, line 37, after "$100" insert "and no more than $1,000"

On page 10, line 1, after "$150" insert "and no more than $1,000"

On page 10, line 3, after "$300" insert "and no more than $1,000"

On page 10, line 10, after "(2)(c)(iv);" strike "and"

On page 10, beginning on line 11, after "than" strike all material through "death" on line 12 and insert "$15,000 for any violation resulting in the serious physical harm"

On page 10, line 13, after "repeated violation" insert "; and

(vi) No less than $71,000 for any violation resulting in the death of a minor, which may be doubled where the violation is a willful violation or a repeated violation"

On page 10, line 18, after "maximum of" strike "$10,000" and insert "$5,000"

On page 11, beginning on line 17, strike all of subsection (i)

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 11, line 29, after "orders" insert ", where one or more of the violations caused serious physical harm or death to a minor"

EFFECT:

Modifies the penalties for a violation of the requirements governing the employment of minors in both agricultural and nonagricultural industries, as follows:

oSets a maximum penalty of $1,000 for the following: failure to obtain a minor work permit or parental or school authorization, failure to maintain records, or each other nonserious violation; failure to comply with hours of work requirements; and failure to comply with meal break or rest break requirements (rather than having no maximum penalties for these types of violations as provided in the underlying bill, and instead retaining the current law maximum penalty for these types of violations in nonagricultural industries);

oReduces the minimum penalty to $15,000 (from $71,000 in the underlying bill) for any violation resulting in the serious physical harm of a minor.

oModifies the daily maximum penalty to $5,000 (from $1,000 in current law and $10,000 in the underlying bill) for any continuing serious or repeat violation.

Removes the provision requiring the Department of Labor and Industries (L&I) to revoke an employer's minor work permit for no less than 12 months when the employer has had three or more citations within a 24-month period for certain serious, willful, repeat, or ongoing safety and health violations or certain child labor violations (but otherwise retains the requirement for L&I to revoke a minor work permit for other specified circumstances). Clarifies that the provision requiring L&I to revoke a minor work permit of an agricultural employer as a result of a single violation applies only when the violation caused serious physical harm or death to a minor.

Requires L&I to make a good faith effort to notify an employer within 10 calendar days when L&I immediately identifies a hazard that could cause injury to a minor worker during an inspection conducted under the Washington Industrial Safety and Health Act (WISHA). Provides that the notification does not eliminate or modify any other right, responsibility, or authority under the WISHA.

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