HOUSE BILL REPORT

HB 473

BYRepresentatives Lux, Cole, Jacobsen, R. King, Todd and Allen

Requiring security measures for employees on duty between 11 p.m. and 6 a.m.

House Committe on Commerce & Labor

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (6)

     Signed by Representatives Wang, Chair; Cole, Vice Chair; Fisch, Fisher, R. King and Sayan.

Minority Report:     Do not pass.  (3)

     Signed by Representatives Patrick, C. Smith and Walker.

House Staff:Chris Cordes (786-7117)

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR MARCH 5, 1987

BACKGROUND:

Many convenience stores and other businesses remain open twenty-four hours per day.  There are no regulations requiring special safety precautions for employees working night shifts.

SUMMARY:

SUBSTITUTE BILL:  Franchisees in the grocery store or gas station business whose franchisors require their franchisees to remain open between the hours of 11:00 p.m. and 6:00 a.m. are required to provide one of the following at the work place during those hours:

(1)  Have more than one employee on duty;

(2)  Equip the workplace with (a) surveillance equipment; or (b) alarm equipment that signals law enforcement personnel;

(3)  Have security personnel that patrol the workplace at least every thirty minutes; or

(4)  Demonstrate that law enforcement personnel regularly patrol the workplace at least every thirty minutes.

Franchisors who require the business to remain open during 11:00 p.m. to 6:00 a.m. are required to pay any costs associated with safety compliance.  Franchisors who do not require the franchisee to remain open during these hours are not liable for the compliance costs.

The chapter will be implemented and enforced under the Washington Industrial Safety and Health Act.  Franchisees are required to make and keep records regarding compliance activities.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill limits application of the act to franchises in the grocery store and gas station business.  The safety options that the franchisee may provide are revised to clarify that either alarm equipment that signals law enforcement personnel or surveillance equipment may be used.  A provision is added that franchisors who do not require the franchisee to remain open during the applicable hours are not liable for compliance costs.

Provisions are added to authorize implementation and enforcement under the Washington Industrial Safety and Health Act and to require franchisees to make and keep records regarding compliance activities.

Fiscal Note:    Requested February 12, 1987.

House Committee ‑ Testified For:     Representative Lux, prime sponsor;  Bert Lysen, United Food and Commercial Workers; Lita Grubel; Diane Oberquill, Karen Zacker; Bernice Hudec; Roger Yockey;  Delbert McNeal, Shelton Chief of Police (with concerns).

House Committee - Testified Against: Mark Allen, Washington Association of Broadcasters;  Geoff Gibbs, Washington State Food Dealers; Wayman Crow, Athena Research Corporation.

House Committee - Testimony For:     Protections are needed for employees who work night shifts in businesses that are becoming the targets of increasing criminal activity.

House Committee - Testimony Against: The options that a franchisee may use will not provide any increased protection for employees on night duty.