reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.80 - High Hazard Facilities—Workforce. › 49.80.010 - Definitions.

RCW 49.80.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Apprenticeable occupation" means an occupation for which an apprenticeship program has been approved by the Washington state apprenticeship and training council pursuant to chapter 49.04 RCW.
(2) "Department" means the department of labor and industries.
(3) "On-site work" does not include ship and rail car support activities; environmental inspection and testing; security guard services; work which is performed by an original equipment manufacturer for warranty, repair, or maintenance on the vendor's equipment if required by the original equipment manufacturer's warranty agreement between the original equipment manufacturer and the owner; industrial cleaning not related to construction; safety services requiring professional safety certification; nonconstruction catalyst loading, regeneration, and removal; chemical purging and cleaning; refinery by-product separation and recovery; inspection services not related to construction; and work performed that is not in an apprenticeable occupation.
(4) "Prevailing hourly wage rate" has the meaning provided for "prevailing rate of wage" in RCW 39.12.010.
(5) "Registered apprentice" means an apprentice registered in an apprenticeship program approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW.
(6) "Skilled and trained workforce" means a workforce that meets both of the following criteria:
(a) All the workers are either registered apprentices or skilled journeypersons; and
(b) The workforce meets the apprenticeship graduation and approved advanced safety training requirements established in RCW 49.80.030.
(7) "Skilled journeyperson" means a worker who meets all of the following criteria:
(a) The worker either graduated from an apprenticeship program for the applicable occupation that was approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW, or has at least as many hours of on-the-job experience in the applicable occupation that would be required to graduate from an apprenticeship program approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW; and
(b) The worker is being paid at least a rate commensurate with the wages typically paid for the occupation in the applicable geographic area, subject to the following provisions:
(i) The prevailing wage rate paid for a worker in the applicable occupation and geographic area on public works projects may be used to determine the appropriate rate of pay, however, this subsection (7)(b) does not require a contractor to pay prevailing wage rates; and
(ii) In no case may the worker be paid at a rate less than an hourly rate consistent with the seventy-fifth percentile in the applicable occupation and geographic area in the most recent occupational employment statistics published by the employment security department.
[ 2019 c 306 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.80 - High Hazard Facilities—Workforce. › 49.80.030 - Implementation schedule.

RCW 49.80.030
Implementation schedule.
The following implementation schedule must be complied with to meet the requirements of RCW 49.80.020 for a skilled and trained workforce to perform all on-site work within an apprenticeable occupation in the building and construction trades:
(1)(a) By January 1, 2021, at least twenty percent of the skilled journeypersons must be graduates of an apprenticeship program for the applicable occupation approved by the Washington state apprenticeship and training council under chapter 49.04 RCW;
(b) By January 1, 2022, at least thirty-five percent of the skilled journeypersons must be graduates of an apprenticeship program for the applicable occupation approved by the Washington state apprenticeship and training council under chapter 49.04 RCW;
(c) By January 1, 2023, at least forty-five percent of the skilled journeypersons must be graduates of an apprenticeship program for the applicable occupation approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW; and
(d) By January 1, 2024, at least sixty percent of the skilled journeypersons must be graduates of an apprenticeship program for the applicable occupation approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW; and
(2) By January 1, 2022, all workers in the skilled and trained workforce must have completed within the past three calendar years at least twenty hours of approved advanced safety training for workers at high hazard facilities.
[ 2019 c 306 § 3.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.80 - High Hazard Facilities—Workforce. › 49.80.040 - Failure to comply constitutes violation of chapter 49.17 RCW—Wage rate requirements constitute a wage payment requirement.

RCW 49.80.040
Failure to comply constitutes violation of chapter 49.17 RCW—Wage rate requirements constitute a wage payment requirement.
(1) Failure to comply with the skilled and trained workforce requirements of this chapter, except the requirement that a worker be paid at a rate commensurate with wages typically paid for the occupation, constitutes a violation of chapter 49.17 RCW.
(2) The wage rate requirement of RCW 49.80.010(7)(b) constitutes a wage payment requirement as defined in RCW 49.48.082.
[ 2019 c 306 § 4.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.80 - High Hazard Facilities—Workforce. › 49.80.050 - Consideration of new apprenticeship programs.

RCW 49.80.050
Consideration of new apprenticeship programs. (Expires December 31, 2023.)
(1) The department in consultation with the Washington state apprenticeship and training council shall prioritize consideration of new apprenticeship programs for workers in high hazard facilities. The Washington state apprenticeship and training council shall issue a decision within six months of the acceptance of a completed application for consideration of a new state registered apprenticeship program for workers in high hazard facilities.
(2) This section expires December 31, 2023.
[ 2019 c 306 § 5.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.80 - High Hazard Facilities—Workforce. › 49.80.900 - Effective date—2019 c 306.

RCW 49.80.900
Effective date—2019 c 306.
This act takes effect January 1, 2020.
[ 2019 c 306 § 8.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.84 - Warehouse Distribution Centers. › 49.84.020 - Warehouse quotas—Written description—Notice to employees.

RCW 49.84.020
Warehouse quotas—Written description—Notice to employees. (Effective July 1, 2024.)
(1) An employer must provide to each employee, upon hire, or within 30 days of July 1, 2024, a written description of:
(a) Each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled within a defined time period;
(b) Any potential adverse employment action that could result from failure to meet each quota; and
(c) Any incentives or bonus programs associated with meeting or exceeding each quota.
(2) Whenever there is a change to the quota that results in a different quota than the most recent written description provided to the employee, the employer must: (a) Notify the employee verbally or in writing as soon as possible and before the employee is subject to the new quota; and (b) provide the employee with an updated written description of each quota to which the employee is subject within two business days of the quota change.
(3) Whenever an employer takes an adverse action against an employee in whole or in part for failure to meet a quota, the employer must provide that employee with the applicable quota for the employee and the personal work speed data for the employee that was the basis for the adverse action.
(4) The written description must be understandable, in plain language, and in the employee's preferred language. The department may adopt rules regarding the format, plain language, and language access requirements for the written description.
[ 2023 c 306 § 2.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.84 - Warehouse Distribution Centers. › 49.84.025 - Time periods—Requirements.

RCW 49.84.025
Time periods—Requirements. (Effective July 1, 2024.)
(1) The time period considered in a quota, including time designated as productive time or time on task must include:
(a) Time for rest breaks and reasonable time to travel to designated locations for rest breaks;
(b) Reasonable travel time to on-site designated meal break locations. Meal breaks are not considered time on task or productive time unless the employee is required by the employer to remain on duty on the premises or at a prescribed worksite in the interest of the employer;
(c) Time to perform any activity required by the employer in order to do the work subject to any quota;
(d) Time to use the bathroom, including reasonable travel time; and
(e) Time to take any actions necessary for the employee to exercise the employee's right to a safe and healthful workplace pursuant to chapter 49.17 RCW, including but not limited to time to access tools or safety equipment necessary to perform the employee's duties.
(2) Reasonable travel time must include consideration of the architecture and geography of the facility and the location within the facility that the employee is located at the time.
[ 2023 c 306 § 3.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.84 - Warehouse Distribution Centers. › 49.84.030 - Violations.

RCW 49.84.030
Violations. (Effective July 1, 2024.)
(1) Except as provided in RCW 49.84.032, a quota violates this chapter if the quota:
(a) Does not provide sufficient time as required under RCW 49.84.025(1) (a) through (c); or
(b) Prevents the performance of any activity required by the employer for the employee to do the work subject to any quota.
(2) An employee is not required to meet a quota that violates this section.
(3) An employer may not take adverse action against an employee for failing to meet a quota that violates this section or that was not disclosed to the employee as required under RCW 49.84.020.
[ 2023 c 306 § 4.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.84 - Warehouse Distribution Centers. › 49.84.032 - Violations of Washington industrial safety and health act.

RCW 49.84.032
Violations of Washington industrial safety and health act. (Effective July 1, 2024.)
(1) A quota violates chapter 49.17 RCW if the quota:
(a) Does not provide sufficient time as required under RCW 49.84.025(1) (d) and (e);
(b) Prevents the performance of any activity related to occupational safety and health required by the employer for the employee to do the work subject to any quota; or
(c) Exposes an employee to occupational safety and health hazards in violation of the requirements of chapter 49.17 RCW and the applicable rules or regulations.
(2) An employee is not required to meet a quota that violates this section.
(3) An employer may not take adverse action against an employee for failing to meet a quota that violates this section.
(4) All provisions of RCW 49.84.040 apply to any person who complains to the employer, the director, or any local, state, or federal governmental agency or official, related to a quota alleging any violations of this section.
(5)(a) This section must be implemented and enforced, including penalties, violations, citations, and other administrative procedures, pursuant to chapter 49.17 RCW.
(b) An employer who fails to allow adequate inspection of records in an inspection by the department within a reasonable time period may not use such records in any appeal to challenge the correctness of any citation and notice issued by the department.
[ 2023 c 306 § 5.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.84 - Warehouse Distribution Centers. › 49.84.035 - Employer records—Requirements.

RCW 49.84.035
Employer records—Requirements. (Effective July 1, 2024.)
(1) An employer must establish, maintain, and preserve contemporaneous, true, and accurate records of the following:
(a) Each employee's own personal work speed data;
(b) The aggregated work speed data for similar employees at the same warehouse distribution center; and
(c) The written descriptions of each quota the employee was provided pursuant to RCW 49.84.020.
(2)(a) The required records must be maintained and preserved throughout the duration of each employee's period of employment and for the period required by this subsection.
(b) Except as required under (c) of this subsection, subsequent to an employee's separation from the employer, records relating to the six-month period prior to the date of the employee's separation from the employer must be preserved for at least three years from the date of the employee's separation.
(c) Where an employer has taken adverse action against an employee in whole or in part for failure to meet a quota, the employer must preserve the records relating to the basis for the adverse action for at least three years from the date of the adverse action.
(d) The employer must make records available to the director upon request.
(3) Nothing in this section requires an employer to collect or keep such records if the employer does not use quotas or monitor work speed data.
(4) An employer who fails to allow adequate inspection of records in an inspection by the department within a reasonable time period may not use such records in any appeal to challenge the correctness of any citation and notice issued by the department.
[ 2023 c 306 § 6.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.84 - Warehouse Distribution Centers. › 49.84.037 - Employee right to written description and records.

RCW 49.84.037
Employee right to written description and records. (Effective July 1, 2024.)
(1) An employee has the right to request, at any time, a written description of each quota to which the employee is subject, a copy of the employee's own personal work speed data for the prior six months, and a copy of the prior six months of aggregated work speed data for similar employees at the same warehouse distribution center.
(2) A former employee has the right to request, within three years subsequent to the date of their separation from the employer, a written description of the quota to which they were subject as of the date of their separation, a copy of the employee's own personal work speed data for the six months prior to their date of separation, and a copy of aggregated work speed data for similar employees at the same warehouse distribution center for the six months prior to their date of separation.
(3) An employer must provide records requested under this section at no cost to the employee or former employee.
(4) An employer must provide records requested under this section as soon as practicable and subject to the following:
(a) Requested records of written descriptions of a quota must be provided no later than two business days following the date of the receipt of the request; and
(b) Requested personal work speed data and aggregated work speed data must be provided no later than seven business days following the date of the receipt of the request.
(5) Nothing in this section requires an employer to use quotas or monitor work speed data. An employer that does not use quotas or monitor work speed data has no obligation to provide records under this section.
[ 2023 c 306 § 7.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.84 - Warehouse Distribution Centers. › 49.84.040 - Adverse action—Presumption of retaliation.

RCW 49.84.040
Adverse action—Presumption of retaliation. (Effective July 1, 2024.)
(1) A person, including but not limited to an employer, his or her agent, or person acting as or on behalf of a hiring entity, or the officer or agent of any entity, business, corporation, partnership, or limited liability company, may not discharge or in any way retaliate, discriminate, or take adverse action against an employee or former employee for exercising any rights established in this chapter, or for being perceived as exercising rights established in this chapter including, but not limited to:
(a) Initiating a request for information about a quota or personal work speed data pursuant to RCW 49.84.037; and
(b) Making a complaint to the employer, the director, or any local, state, or federal governmental agency or official, related to a quota that is allegedly in violation of this chapter or chapter 49.17 RCW.
(2) An employee or former employee need not explicitly refer to this section or the rights established in this chapter to be protected from an adverse action. The protection provided in this section applies to former employees and to employees who mistakenly but in good faith allege violations of this chapter.
(3)(a) If a person takes adverse action against an employee or former employee within 90 days of the employee engaging or attempting to engage in activities protected by this chapter, there is a rebuttable presumption that the adverse action is a retaliatory action in violation of this section.
(b) The presumption may be rebutted by a preponderance of the evidence that: (i) The action was taken for other permissible reasons; and (ii) the engaging or attempting to engage in activities protected by this chapter was not a motivating factor in the adverse action.
(4) Except as provided for in RCW 49.84.032, the department must carry out and enforce the provisions of this section and RCW 49.84.030(3) pursuant to procedures established under chapter 49.46 RCW and any applicable rules. The department may adopt new rules to implement or enforce this subsection.
[ 2023 c 306 § 8.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.84 - Warehouse Distribution Centers. › 49.84.050 - Appeal.

RCW 49.84.050
Appeal. (Effective July 1, 2024.)
(1) For enforcement actions under RCW 49.84.045, a person, firm, or corporation aggrieved by a citation and notice of assessment or determination of compliance by the department or any rules adopted under this chapter may appeal the citation and notice of assessment or determination of compliance to the director by filing a notice of appeal with the director within 15 calendar days of the department's issuance of the citation and notice of assessment or determination of compliance. A citation and notice of assessment or determination of compliance not appealed within 15 calendar days is final and binding, and not subject to further appeal.
(2) A notice of appeal filed with the director under this section stays the effectiveness of the citation and notice of assessment or determination of compliance pending final review of the appeal by the director as provided in chapter 34.05 RCW.
(3) Upon receipt of a notice of appeal, the director must assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures must be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment must be de novo. Any party who seeks to challenge an initial order must file a petition for administrative review with the director within 30 days after service of the initial order. The director must conduct an administrative review in accordance with chapter 34.05 RCW.
(4) The director must issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(5) Orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.
(6) An employer who fails to allow adequate inspection of records in an investigation by the department under this chapter within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of the penalty assessed.
[ 2023 c 306 § 10.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.90 - Sensory Disabilities. › 49.90.010 - Sensory disabilities—State agencies—Need for service animal training—Definition.

RCW 49.90.010
Sensory disabilities—State agencies—Need for service animal training—Definition.
(1) Within this section, "sensory disability" means a sensory condition that materially limits, contributes to limiting, or, if not corrected or accommodated, will probably result in limiting an individual's activities or functioning.
(2) The office of financial management shall adopt rules that authorize state agencies to provide allowances to employees with sensory disabilities who must attend training necessary to attain a new service animal. The employee's absence must be treated in the same manner as that granted to employees who are absent to attend training that supports or improves their job performance, except that the employee shall not be eligible for reimbursement under RCW 43.03.050 or 43.03.060. The office of financial management shall adopt rules as necessary to implement this chapter.
(3) If the necessity to attend training for a new service animal is foreseeable and the training will cause the employee to miss work, the employee shall provide the employer with not less than thirty days' notice, before the date the absence is to begin, of the employee's impending absence. If the date of the training requires the absence to begin in less than thirty days, the employee shall provide notice as is practicable.
(4) An agency may require that a request to attend service animal training be supported by a certification issued by the relevant training organization. The employee must provide, in a timely manner, a copy of the certification to the agency. Certification provided under this section is sufficient if it states: (a) The date on which the service animal training session is scheduled to commence; and (b) the session's duration.
[ 2011 1st sp.s. c 43 § 465; 2009 c 294 § 5.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—2009 c 294: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 30, 2009]." [ 2009 c 294 § 11.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.94 - Job Applicants—Criminal Records. › 49.94.005 - Definitions.

RCW 49.94.005
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Criminal record" includes any record about a citation or arrest for criminal conduct, including records relating to probable cause to arrest, and includes any record about a criminal or juvenile case filed with any court, whether or not the case resulted in a finding of guilt.
(2) "Employer" includes public agencies, private individuals, businesses and corporations, contractors, temporary staffing agencies, training and apprenticeship programs, and job placement, referral, and employment agencies.
(3) "Otherwise qualified" means that the applicant meets the basic criteria for the position as set out in the advertisement or job description without consideration of a criminal record.
[ 2018 c 38 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.94 - Job Applicants—Criminal Records. › 49.94.010 - Inquiries about criminal records—Timing—Advertisements—Exceptions.

RCW 49.94.010
Inquiries about criminal records—Timing—Advertisements—Exceptions.
(1) An employer may not include any question on any application for employment, inquire either orally or in writing, receive information through a criminal history background check, or otherwise obtain information about an applicant's criminal record until after the employer initially determines that the applicant is otherwise qualified for the position. Once the employer has initially determined that the applicant is otherwise qualified, the employer may inquire into or obtain information about a criminal record.
(2) An employer may not advertise employment openings in a way that excludes people with criminal records from applying. Ads that state "no felons," "no criminal background," or otherwise convey similar messages are prohibited.
(3) An employer may not implement any policy or practice that automatically or categorically excludes individuals with a criminal record from consideration prior to an initial determination that the applicant is otherwise qualified for the position. Prohibited policies and practices include rejecting an applicant for failure to disclose a criminal record prior to initially determining the applicant is otherwise qualified for the position.
(4) This section does not apply to:
(a) Any employer hiring a person who will or may have unsupervised access to children under the age of eighteen, a vulnerable adult as defined in chapter 74.34 RCW, or a vulnerable person as defined in RCW 9.96A.060;
(b) Any employer, including a financial institution, who is expressly permitted or required under any federal or state law to inquire into, consider, or rely on information about an applicant's or employee's criminal record for employment purposes;
(c) Employment by a general or limited authority Washington law enforcement agency as defined in RCW 10.93.020 or by a criminal justice agency as defined in RCW 10.97.030(5)(b);
(d) An employer seeking a nonemployee volunteer; or
(e) Any entity required to comply with the rules or regulations of a self-regulatory organization, as defined in section 3(a)(26) of the securities and exchange act of 1934, 15 U.S.C. 78c(a)(26).
[ 2018 c 38 § 2.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.94 - Job Applicants—Criminal Records. › 49.94.020 - Limitations on application of chapter.

RCW 49.94.020
Limitations on application of chapter.
(1) This chapter may not be construed to interfere with, impede, or in any way diminish any provision in a collective bargaining agreement or the right of employees to bargain collectively with their employers through representatives of their own choosing concerning wages, standards, and conditions of employment.
(2) This chapter may not be interpreted or applied to diminish or conflict with any requirements of state or federal law, including Title VII of the civil rights act of 1964; the federal fair credit reporting act, 15 U.S.C. Sec. 1681; the Washington state fair credit reporting act, chapter 19.182 RCW; and state laws regarding unsupervised access to children or vulnerable persons, RCW 43.43.830 through 43.43.845.
(3) This chapter may not be interpreted or applied as imposing an obligation on the part of an employer to provide accommodations or job modifications in order to facilitate the employment or continued employment of an applicant or employee with a criminal record or who is facing pending criminal charges.
(4) This chapter may not be construed to discourage or prohibit an employer from adopting employment policies that are more protective of employees and job applicants than the requirements of this chapter.
(5) This chapter may not be construed to interfere with local government laws that provide additional protections to applicants or employees with criminal records, nor does it prohibit local governments from enacting greater protections for such applicants or employees in the future. Local government laws that provide lesser protections to job applicants with criminal records than this chapter conflict with this chapter and may not be enforced.
(6) This chapter may not be construed to create a private right of action to seek damages or remedies of any kind. The exclusive remedy available under this chapter is enforcement described in RCW 49.94.030. This chapter does not create any additional liability for employers beyond that enumerated in this chapter.
[ 2018 c 38 § 3.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.94 - Job Applicants—Criminal Records. › 49.94.030 - Attorney general's enforcement powers—Penalties.

RCW 49.94.030
Attorney general's enforcement powers—Penalties.
(1) The state attorney general's office shall enforce this chapter. Its powers to enforce this chapter include the authority to:
(a) Investigate violations of this chapter on its own initiative;
(b) Investigate violations of this chapter in response to complaints and seek remedial relief for the complainant;
(c) Educate the public about how to comply with this chapter;
(d) Issue written civil investigative demands for pertinent documents, answers to written interrogatories, or oral testimony as required to enforce this chapter;
(e) Adopt rules implementing this chapter including rules specifying applicable penalties; and
(f) Pursue administrative sanctions or a lawsuit in the courts for penalties, costs, and attorneys' fees.
(2) In exercising its powers, the attorney general's office shall utilize a stepped enforcement approach, by first educating violators, then warning them, then taking legal, including administrative, action. Maximum penalties are as follows: A notice of violation and offer of agency assistance for the first violation; a monetary penalty of up to seven hundred fifty dollars for the second violation; and a monetary penalty of up to one thousand dollars for each subsequent violation.
[ 2018 c 38 § 4.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.94 - Job Applicants—Criminal Records. › 49.94.900 - Conflict with federal requirements—2018 c 38.

RCW 49.94.900
Conflict with federal requirements—2018 c 38.
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[ 2018 c 38 § 6.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.94 - Job Applicants—Criminal Records. › 49.94.901 - Short title—2018 c 38.

RCW 49.94.901
Short title—2018 c 38.
This act may be known and cited as the Washington fair chance act.
[ 2018 c 38 § 8.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.95 - Long-Term Care Workers. › 49.95.005 - Findings—Intent—2020 c 309.

RCW 49.95.005
Findings—Intent—2020 c 309.
(1) The legislature finds that, as the citizens of Washington state age and their life expectancy increases, demand for long-term care is also on the rise. Like many Americans, Washingtonians prefer to stay in their own homes and communities as they age, fueling an increased demand for home-based long-term services and supports. Nationally, the direct care workforce is expected to increase by more than one million jobs, making this one of the fastest growing occupations in the country.
(2) As the state of Washington is a national leader in supporting individuals to receive services in their own homes where self-direction, autonomy, choice, and dignity is valued. The average needs and acuity levels of people served in their homes has increased and become more diverse. The prevalence of individuals with complex behaviors due to their disabilities is a growing issue experienced by individuals who need assistance with personal care tasks in their own homes and to be able to fully integrate in community living.
(3) The lack of workplace safety, including incidents of verbal and physical aggression, as well as sexual harassment, is an occupational hazard for many long-term care workers, including those who work in the homes of the person to whom they provide care. The risk may be outside the control of the individual receiving care due to the conduct of others in the home. The risk may be due to symptoms or conditions that can manifest with individuals communicating their needs in ways that an individual caring for the person may experience or interpret as harassment, abuse, or violence. In any event, caregivers should not have to experience discrimination, abusive conduct, and challenging behaviors without assistance or redress.
(4) Workers who have adverse experiences at work can manifest negative physical and mental health outcomes. These workers often leave the field of direct caregiving, resulting in fewer available caregivers in the workforce, increased turnover, and lower quality of care received by individuals in their own homes.
(5) Adequate preparation of caregivers helps both the caregiver and person receiving care. Caregivers should be equipped with information, including relevant care plans and behavioral support interventions, existing problem-solving tools, and strategies to improve safe care delivery.
(6) The legislature further finds that caregivers are the backbone of long-term services and supports in Washington. Therefore, the intent of chapter 309, Laws of 2020 is to reduce the instances of harassment, discrimination, and abuse experienced by caregivers, and ensure that they feel safe while providing care while also prioritizing the continuity of care for individuals who rely on their assistance. This will improve the quality of care provided to Washingtonians and build a strong workforce to meet future care needs in the state.
[ 2020 c 309 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.95 - Long-Term Care Workers. › 49.95.040 - Employer duty to inform.

RCW 49.95.040
Employer duty to inform.
(1)(a) Covered employers must inform an employee of instances of discrimination and abusive conduct occurring in or around the service recipient's home care setting prior to assigning the employee to that service recipient, and throughout the duration of service, if those instances are:
(i) Documented by the covered employer; or
(ii) Documented by the department of social and health services and communicated to the covered employer.
(b) Covered employers must inform an employee, prior to assigning the employee to a service recipient, of a service recipient's challenging behavior that is documented:
(i) In the service recipient's care plan;
(ii) By the covered employer; or
(iii) By the department of social and health services and communicated to the covered employer.
(2)(a) Communication of the information in subsection (1) of this section must be tailored to respect the privacy of service recipients in accordance with the federal health insurance portability and accountability act of 1996.
(b) Upon request of the service recipient, a covered employer must provide a copy of the information the covered employer communicated to the employee under subsection (1) of this section.
(3) If a covered employer miscategorizes an instance as discrimination or abusive conduct that should have been categorized as challenging behavior, or if a covered employer miscategorizes an instance as challenging behavior that should have been categorized as discrimination or abusive conduct, the covered employer must correct the categorization, correct how the instance was reported under RCW 49.95.050, and comply with any provisions under this chapter applicable to addressing the behavior or conduct.
(4) A covered employer may not terminate an employee, reduce the pay of an employee, or not offer future assignments to an employee for requesting reassignment due to alleged discrimination, abusive conduct, or challenging behavior.
(5) Nothing in this section prevents a covered employer from:
(a) Disciplining or terminating an employee if an allegation or request for reassignment was reasonably determined to be false or not made in good faith;
(b) Terminating an employee or reducing hours due to lack of suitable work; or
(c) Disciplining or terminating an employee for lawful reasons unrelated to their request for reassignment.
(6) Nothing in this section requires an individual recipient of services to provide information required by this section to an employee. Nothing in this chapter shall limit the rights of a recipient of services under chapter 74.39A RCW to select, dismiss, assign hours, and supervise the work of individual providers as in RCW 74.39A.500(1)(b).
[ 2020 c 309 § 5.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.95 - Long-Term Care Workers. › 49.95.050 - Records required of reported incidents.

RCW 49.95.050
Records required of reported incidents.
(1) Covered employers are required to keep a record of any reported incidents of discrimination or abusive conduct experienced by an employee during the provision of paid personal care services. The records must be kept for at least five years following the reported act and must be made available for inspection by the department or its agents upon request. If the covered employer makes its records available to the exclusive bargaining representative representing the employer's employees, the exclusive bargaining representative may assess whether the employer is meeting the data collection requirements in this section. The department must take into consideration the exclusive bargaining representative's assessment when determining whether an employer is in compliance with this section. Covered employers must make anonymized aggregate data of reported incidents available to the work group created under RCW 49.95.060.
(2) The retained records must include:
(a) The covered employer's name and address;
(b) The date, time, and location of where the act occurred;
(c) The reporting method;
(d) The name of the person who experienced the act;
(e) A description of the person committing the act as:
(i) A service recipient;
(ii) Another resident of the home care setting;
(iii) A visitor to the home care setting;
(iv) Another employee;
(v) A manager or supervisor; or
(vi) Other;
(f) A description of the type of act as one or more of the following:
(i) Discrimination, including discriminatory harassment;
(ii) Sexual harassment, inappropriate sexual behavior, or sexual contact;
(iii) Physical sexual aggression;
(iv) Rape or attempted rape;
(v) Workplace verbal aggression;
(vi) Workplace violence;
(vii) Workplace physical aggression; or
(viii) Aggravated workplace violence;
(g) A description of the actions taken by the employee and the covered employer in response to the act; and
(h) A description of how the incident was resolved.
(3) Nothing in this section requires an individual recipient of services to keep, collect, or provide any data required by this section to the department.
(4) Communication of the information in this section must be tailored to respect the privacy of service recipients in accordance with the federal health insurance portability and accountability act of 1996.
[ 2020 c 309 § 6.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.95 - Long-Term Care Workers. › 49.95.070 - Compliance investigations—When authorized.

RCW 49.95.070
Compliance investigations—When authorized.
(1) The department may conduct investigations to ensure compliance when information is obtained that a covered employer may be committing a violation under this chapter or in response to complaints from employees or employee representatives for the following requirements of this chapter:
(a) A written policy as required by RCW 49.95.020 that includes the minimum elements under RCW 49.95.020(2) and is updated annually;
(b) The written policy is provided to employees in accordance with RCW 49.95.020(1) (a) through (c) and (e);
(c) A current plan as required by RCW 49.95.030 that includes the minimum elements under RCW 49.95.030(2);
(d) The prior notice requirement under RCW 49.95.040(1);
(e) The recordkeeping and retention requirements under RCW 49.95.050; and
(f) The retaliation prohibition under RCW 49.95.040(4) upon receipt of a complaint by an employee who believes that he or she was subject to retaliation.
(2) The department may prioritize investigations as needed to allow for timely resolution.
(3) Nothing in this chapter limits the department's ability to investigate under any other authority.
(4) Nothing in this chapter limits a worker's right to pursue private legal action.
(5) Nothing in this chapter authorizes the department to investigate individual allegations of harassment, abuse, or discrimination made by employees against recipients of care or other individuals.
(6) The department of social and health services and its agents shall not be liable for the acts or omissions of a covered employer that are in violation of this chapter.
(7) Covered employers shall not be liable for the acts or omissions of the department of social and health services or agents thereof that are in violation of this chapter.
(8) Failure of a covered employer to comply with the requirements under subsection (1)(a) though (e) of this section shall subject the covered employer to citation under chapter 49.17 RCW. Claims of retaliation under subsection (1)(f) of this section are subject to the provisions of RCW 49.17.160.
[ 2020 c 309 § 8.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.100 - Legislative Service Leave—Public Employment. › 49.100.005 - Intent—2022 c 271.

RCW 49.100.005
Intent—2022 c 271.
(1) The Washington state legislature is purposefully designed to be a part-time legislature to provide people from all areas of life the opportunity to participate. All businesses and industries, in the private and public sector, benefit when the legislature is made up of the broadest possible representation.
(2) It is a significant public policy to encourage citizens to serve in the legislature.
(3) Other states have enacted legislation addressing the duties and responsibilities of legislators and prospective legislators in relation to their regular employment. It is the intent of chapter 271, Laws of 2022 to address potential uncertainties that can occur between employers and employees who are part-time legislators because of the time requirements of the legislature.
[ 2022 c 271 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.100 - Legislative Service Leave—Public Employment. › 49.100.010 - "Employer" defined.

RCW 49.100.010
"Employer" defined.
For the purposes of this chapter, "employer" means: (1) The state, state institutions, and state agencies; and (2) any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision.
[ 2022 c 271 § 2.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.100 - Legislative Service Leave—Public Employment. › 49.100.020 - Employer must grant a temporary leave of absence to an employee performing an official duty as a member of the legislature.

RCW 49.100.020
Employer must grant a temporary leave of absence to an employee performing an official duty as a member of the legislature.
(1) An employer must grant a temporary leave of absence without loss of job status or seniority to an employee who is a member of the state legislature in order for that employee to perform any official duty as a member of the legislature during regular and special legislative sessions.
(2) The leave of absence under this chapter may be unpaid leave. However, an employee may elect to substitute any accrued paid leave to which the employee is entitled for any part of the leave provided under this chapter.
(3) An employer may not discharge or threaten to discharge an employee for taking a leave of absence under this chapter.
[ 2022 c 271 § 3.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.100 - Legislative Service Leave—Public Employment. › 49.100.030 - Employee must provide notice of intent to take leave.

RCW 49.100.030
Employee must provide notice of intent to take leave.
(1) An employee who seeks leave under this chapter must provide the employer with notice of the employee's intention to take leave at least 30 days before a regular legislative session.
(2) When a special legislative session is called, the employee must provide notice to the employer as soon as the governor or legislature proclaims the special legislative session.
[ 2022 c 271 § 4.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.100 - Legislative Service Leave—Public Employment. › 49.100.040 - Violation of chapter—Civil action authorized.

RCW 49.100.040
Violation of chapter—Civil action authorized.
If an employer violates the provisions of this chapter, the employee may only bring a civil action, at his or her own expense, in superior court for an order requiring the reinstatement of the employee. Public resources may not be used, directly or indirectly, to bring or maintain a civil action under this section.
[ 2022 c 271 § 5.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.105 - Fire-Resistant Material Applicators. › 49.105.005 - Recognition.

RCW 49.105.005
Recognition.
The legislature recognizes that fire protection measures are critical design elements meant to control the spread of a fire until active fire protection measures, such as sprinklers, fire extinguishers, or the fire department can take over and control a fire. Among the types of passive fire protection measures are the use of fire-resistant materials that help to protect structural steel, contain the fire, and limit damage to critical infrastructure. It is important that individuals installing these materials be properly trained to perform this work. Therefore, the legislature hereby establishes a training and certification program for fire-resistant material applicators.
[ 2023 c 145 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.105 - Fire-Resistant Material Applicators. › 49.105.010 - Definitions.

RCW 49.105.010
Definitions.
The definitions in this section apply throughout RCW 49.105.020 through 49.105.040 unless the context clearly requires otherwise.
(1) "Fire-resistant material" means:
(a) Wet or dry mix materials, cementitious materials, and fibrous materials, applied to achieve an hourly fire-resistant rating for buildings classified as construction types I, II, III, IV, and V, as defined by the international building code; and
(b) Sealants, putty, and caulking used for firestop systems, applied to risk category III and IV buildings, as defined by the international building code.
(2) "Certified fire-resistant material applicator" means an individual certified by the department to apply fire-resistant material. Certified fire-resistant material applicator does not include an individual applying fire-resistant material in or to the individual's own residence.
(3) "Contractor" means an employer performing work that includes the application of fire-resistant material, or any person, partnership, or business entity that does not have employees but that performs work that includes the application of fire-resistant material.
(4) "Department" means the department of labor and industries.
[ 2023 c 145 § 2.]