Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-831 - Adult entertainer safety › Section 296-831-500 - Customer complaint log requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Adult entertainment establishments must
			 record the accusations it receives that a customer has committed an act of
			 violence, including assault, sexual assault, or sexual harassment, towards an
			 entertainer. The establishment must make every effort to obtain the customer's
			 name and if the establishment cannot determine the name, it must record as much
			 identifying information about the customer as is reasonably possible. The
			 establishment must retain a record of the customer's identifying information
			 for at least five years after the most recent accusation.
(2) If an accusation is supported by a
			 statement made under penalty of perjury or other evidence, the adult
			 entertainment establishment must decline to allow the customer to return to the
			 establishment (blocklist) for at least three years after the date of the
			 incident. The establishment must share the information about the customer with
			 other establishments with common ownership and those establishments with common
			 ownership must also decline to allow the customer to enter those establishments
			 (blocklist) for at least three years after the date of the incident. No
			 entertainer may be required to provide such a statement.
Note:
Appendix B contains a standard declaration template
						  that can be used to make a statement under penalty of perjury.
In addition to statements made under penalty of
						  perjury, any other evidence brought forth to an employer that a customer has
						  committed an act of violence, including assault, sexual assault, or sexual
						  harassment towards an entertainer, should be considered credible and trigger
						  the employer to take action as required under the customer complaint log
						  requirements above unless the employer can provide a rational explanation why
						  they do not deem the evidence credible.
Appendix A
PANIC BUTTON
						  CHECKLIST
If the response to
any
of the
						  following questions in this checklist is "NO," and if no other alternative
						  hazard controls are in place for the identified hazard, panic buttons are
						  likely not effective.
Do panic buttons and panic buttons systems
						  exclusively rely on establishment owned/leased/ etc., equipment or
						  services?
YES
NO
The above covers the complete chain of events from the
						  initial signaling at the entertainer's point of use through notification and to
						  response from the establishment. The rule does not prohibit entertainer owned
						  devices supplementing the devices provided by establishment (e.g., as a backup
						  method).
Do panic buttons require only a single action to
						  activate (such as a single push/pull/tap, etc.)?
YES
NO
Panic buttons which require multiple actions (such as
						  using a number pad to unlock/dial a cell phone, or selecting a
						  channel/frequency on a portable radio, or pressing a button and then speaking)
						  would require an entertainer to extend their exposure to a hazard in order to
						  seek relief from it.
Do panic buttons and the associated signal or
						  alarm latch?
YES
NO
Once triggered, panic buttons alarms continue to both
						  alarm and identify the location of the used panic button(s) without requiring
						  ongoing action of the entertainer. Panic buttons requiring ongoing actions of
						  the entertainer (continued holding/ pressing, etc.) would require an
						  entertainer to extend their exposure to a hazard in order to seek relief from
						  it.
Do panic buttons systems resist
						  tampering?
YES
NO
Once triggered, panic buttons alarms are not easily
						  reset at the panic button (entertainer's point of use) itself, especially using
						  the same action that activated it. Panic buttons which can be readily turned
						  off or reset by customers would delay response actions and allow continued
						  exposure to the hazard.
Do panic buttons reduce or minimize inadvertent
						  activation or false alarms?
YES
NO
False alarms increase the likelihood of delayed,
						  deprioritized, or ignored alarms. Buttons, switches, etc., which are protected,
						  shouldered, recessed, or flush with top surface/bracket/etc. reduce the
						  likelihood of false alarms.
Do panic buttons systems identify the location of
						  the triggered panic buttons?
YES
NO
Uncoordinated response to panic buttons increases the
						  likelihood of response actions being delayed or otherwise inadequate.
Do panic buttons trigger distinct
						  alarms?
YES
NO
If an establishment's panic button response procedures
						  dictate that after the triggering of a panic button, uninvolved entertainers
						  should continue entertaining while the establishment conducts response
						  activities; then panic buttons alarm systems (and response procedures) would
						  need to continue to fully function during an alarm (or multiple alarms).
						  Indistinct alarms, or alarms where the establishment cannot identify/respond to
						  multiple simultaneous alarms, increase the likelihood of response actions being
						  delayed or otherwise inadequate.
Do panic buttons alarms produce recognizable
						  signals to perform actions under the APP, Emergency Action Plan,
						  etc.?
YES
NO
At the establishment's point of reception, alarms must
						  be recognizable in the conditions under which they will be used. The following
						  can obscure alarms sufficiently enough to make an alarm unrecognizable:
-Areas subject to noise/music at volumes equal or above
						  the volume of an alarm;
-Areas subject to strobing lighting equal or above the
						  amount of illumination of an alarm;
-Areas with sufficient distance, intermediary
						  materials, or the room/building configuration itself, impairs alarm signals to
						  the point that they are no longer recognizable.
At the entertainer's point of use, panic buttons may be
						  either discreet, or produce an audible alarm. Discreet panic buttons reduce the
						  likelihood of escalating a confrontation towards violence, but simultaneously
						  prevent other entertainers and personnel in the area from knowing a panic
						  button was triggered. Regardless of which method is used, associated hazards
						  must be further mitigated such as via a multistage alarm (normally discreet,
						  only audible if alarm malfunction, etc.), multicomponent alarm (using
						  notification lights, rather than audible alarms, within adjacent
						  booths/rooms/etc., in conjunction with indicator light(s) outside
						  booth/room/etc., to signal and locate the use of a panic button).
Are panic buttons provided by the establishment
						  in each room in the establishment in which entertainers may be alone with a
						  customer, and in bathrooms and dressing rooms?
YES
NO
For the purposes of this question,
						  "
alone
" means outside of direct line-of-sight of other
						  establishment personnel, entertainers, employees, etc., such as in private or
						  semi-private booths, rooms, etc.
Are panic buttons that are permanently installed
						  in the workplace, located within immediate reach?
YES
NO
Panic buttons must be kept free of obstacles blocking
						  their use (doors, furniture, mop buckets, boxes, coat racks, etc.).
Are panic buttons in good working order? If not,
						  are entertainers informed of, and excluded from, areas lacking required panic
						  buttons protection (e.g. during power loss, wireless service loss,
						  etc.)?
YES
NO
Keep a record of, and inform entertainers of,
						  nonfunctional/improperly working panic buttons until replaced or
						  repaired.
-Use signage or otherwise inform entertainers prior to
						  working; and
-Use written procedures and policies in Accident
						  Prevention Plan that prohibit or restrict access to relevant areas.
Appendix B
Click
				to view image