reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-110 - Refund of security deposited with the department

Current through Register Vol. 24-14, July 15, 2024
(1) If a contractor is secured, the
			 department shall release its interest in the security three years after the
			 contractor's last license expired. The department shall not release its
			 interest, however, if an unsatisfied judgment or claim is outstanding against
			 the contractor.
(2) The department
			 shall in any case release its interest in the security if the contractor
			 provides a surety bond in the same amount that covers all of the periods in
			 which the contractor was licensed for the previous three years, plus for the
			 contractor's current license period if applicable.
Statutory Authority:
				  RCW
				  19.30.130. 86-01-027 (Order 85-34), §
				  296-310-110, filed 12/11/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-120 - Revocation or suspension of license

Current through Register Vol. 24-14, July 15, 2024
(1) The department may revoke a contractor's
			 license for the reasons listed in
			 RCW
			  19.30.050(1) and
			 19.30.060. If the department
			 revokes a license, it shall serve on the contractor a notice of revocation. The
			 notice of revocation shall:
(a) Describe
			 concisely the ground for the revocation; and
(b) Specify the statutory authority for the
			 revocation.
The notice of revocation shall inform the contractor that it
				may request a hearing on the revocation. The notice shall specify that if no
				hearing is requested within thirty days after the date of issuance of the
				notice, the director shall issue a final, unappealable order revoking the
				contractor's license. The hearing may be requested pursuant to WAC
				296-310-160.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-130 - Submission of complaint

Current through Register Vol. 24-14, July 15, 2024
Any person may submit to the department a complaint alleging a
				violation of chapter 19.30 RCW or challenging an application for a license. The
				complaint must describe the alleged violation or ground for denying a license,
				and must identify the alleged violator or applicant. It would aid the
				department's investigation if the complaint also specifies:
(1) The name and address of the complainant;
			 and
(2) The address of the alleged
			 violator or applicant.
Statutory Authority:
				  RCW
				  19.30.130. 86-01-027 (Order 85-34), §
				  296-310-130, filed 12/11/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-140 - Investigation of complaint

Current through Register Vol. 24-14, July 15, 2024
The department shall investigate a complaint unless the
				complaint was submitted more than three years after the date of the alleged
				violation. The department shall not investigate any complaint filed more than
				three years after the date of the violation.
Statutory Authority:
				  RCW
				  19.30.130. 86-01-027 (Order 85-34), §
				  296-310-140, filed 12/11/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-150 - Notice of violation

Current through Register Vol. 24-14, July 15, 2024
(1)
			 If the department determines that there is reasonable cause to believe that
			 chapter 19.30 RCW has been violated, the department shall serve on the violator
			 a notice of violation. The notice of violation shall:
(a) Describe concisely the
			 violation;
(b) Specify which
			 statute was violated;
(c) If known,
			 identify the employees who were affected by the violation;
(d) If known and applicable, state the amount
			 of unpaid wages or damages the violator owes;
(e) State the penalty, if any, the department
			 will assess for the violation; and
(f) State whether the contractor's license is
			 being revoked as a result of the violation.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-160 - Appeal of notices

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 contractor or violator, or the violator's surety if the surety has an interest
			 in the matter, may request a hearing on the matter asserted in a notice of
			 denial of license, a notice of revocation, a notice of increased bond amount,
			 or a notice of violation. One original and four copies of the request must be
			 filed with the director within thirty days after the date the department issued
			 the notice. A party requesting a hearing on a notice of violation must also
			 serve a copy of the request on the surety or the violator as
			 appropriate.
(2) The request for
			 hearing must be in writing and must specify:
(a) The name and address of the party
			 requesting the hearing;
(b) The
			 name and date of issuance of the notice that is being appealed;
(c) The matters contained in the notice that
			 the requestor believes are erroneous;
(d) The reasons the notice is erroneous;
			 and
(e) If a surety is appealing a
			 notice of violation, the name and address of the violating
			 contractor.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-180 - Effect of final decision

Current through Register Vol. 24-14, July 15, 2024
If the director issues a final decision that includes a finding
				that a violator owes unpaid wages or damages, and the finding is not appealed
				or is affirmed by the courts, the finding and the decision are res judicata in
				any action by the department, or by any other person who was a plaintiff at the
				hearing, against the violator and its surety to recover the unpaid wages or
				damages. The finding and decision are not res judicata in any action by a
				person who was not a party at the hearing.
Statutory Authority:
				  RCW
				  19.30.130. 86-01-027 (Order 85-34), §
				  296-310-180, filed 12/11/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-190 - Suit by department for unpaid wages or damages

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
			  19.30.160(4) authorizes the
			 department to sue a violator and its surety on behalf of an employee to recover
			 unpaid wages and other damages. The department is not required to bring suit
			 and, in its sole discretion, may decide not to do so in any case. The
			 department also shall not sue on behalf of any employee who has already brought
			 a suit against the violator and its surety in the matter.
(2) The department may file a suit against
			 the violator and its surety at any time and without regard to whether
			 administrative proceedings have been exhausted.
(3) The department may include in any suit a
			 request for an injunction against the violator.
Statutory Authority:
				  RCW
				  19.30.130. 86-01-027 (Order 85-34), §
				  296-310-190, filed 12/11/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-200 - Procedures for filing suit against a contractor

Current through Register Vol. 24-14, July 15, 2024
(1) A suit against a contractor and its bond
			 or security for unpaid wages or damages may be brought in any court with
			 jurisdiction. The venue may be in the county in which the claim arose, or in
			 which either the damaged person or the defendant resides.
(2) When a contractor is sued, the plaintiff
			 must serve the summons and complaint on the contractor and its surety by
			 serving three copies of the summons and complaint by certified or registered
			 mail on the department. The department shall not accept personal service of the
			 summons and complaint.
(3) The
			 department may be unable to process a summons and complaint if the summons and
			 complaint do not contain the following information:
(a) The contractor's name exactly as it
			 appears on the contractor's license;
(b) The contractor's business
			 address;
(c) The names of the
			 owners, partners, or officers of the contractor; and
(d) The contractor's license number.
If the suit names a surety as a defendant, the summons and
				complaint should also include:
(e) The name and address of the surety that
			 issued the contractor's bond;
(f)
			 The bond number; and
(g) The
			 effective date of the bond.
If the information is insufficient for the department to
				identify the contractor or surety that is being sued, the department shall not
				attempt to serve the summons and complaint and shall return them to the
				plaintiff.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-210 - Collection of judgments

Current through Register Vol. 24-14, July 15, 2024
(1)
			 If a contractor is secured, a plaintiff who has received a final judgment
			 against a contractor may satisfy the judgment out of the security held by the
			 department.
(2) The department
			 shall satisfy a final judgment if the plaintiff serves on the department three
			 certified copies of the unsatisfied judgment. The plaintiff must include the
			 following information with the copies of the judgment:
(a) The name of the contractor, exactly as it
			 appears on the contractor's license;
(b) The contractor's business
			 address;
(c) The names of the
			 owners, partners, or officers of the contractor;
(d) The contractor's license number;
			 and
(e) The exact amount of the
			 judgment awarded by the court, including attorney's fees and interest.
If the department does not receive sufficient information to
				enable it to pay the judgment, it shall inform the plaintiff that more
				information is needed.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-220 - Priority for payment of judgments

Current through Register Vol. 24-14, July 15, 2024
RCW  19.30.170 contains two
				different provisions for priority in paying judgments from the contractor's
				bond or security.
(1) If a contractor
			 is secured, the department shall satisfy final judgments against the contractor
			 in the order the department receives the judgments.
(2) If a contractor is bonded, claims for
			 unpaid wages and benefits are satisfied first, claims for damages are satisfied
			 second, and claims for costs and attorney's fees are satisfied last. No claim
			 in a lesser category may be satisfied until all pending claims in the preceding
			 categories are satisfied, unless the total amount of all pending claims in the
			 preceding categories is less than the amount of the bond that remains
			 unimpaired.
Statutory Authority:
				  RCW
				  19.30.130. 86-01-027 (Order 85-34), §
				  296-310-220, filed 12/11/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-230 - Civil penalties

Current through Register Vol. 24-14, July 15, 2024
(1)
			 In determining the amount of any civil penalty to be imposed under
			 RCW
			  19.30.160 the department shall consider the
			 following factors:
(a) Previous violations by
			 the violator;
(b) The history of
			 the violator in taking all necessary measures to prevent or correct
			 violations;
(c) The magnitude and
			 seriousness of the violation;
(d)
			 The remedial purpose of chapter 19.30 RCW;
(e) Any mitigating circumstances;
			 and
(f) Any other factors the
			 department considers relevant.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-240 - Adjustment of controversies

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Upon receipt of a complaint or on its own motion, the department shall attempt
			 to adjust equitably a controversy between a contractor and its
			 employees.
(2) No particular form
			 of proceeding is necessary for resolving disputes. The supervisor of employment
			 standards shall, in each case, use his or her best judgment in designing a
			 procedure. However, in every case in which the supervisor determines that a
			 hearing should be held, the supervisor shall notify the affected persons, or
			 their representatives, of the time, date, place, and purpose of the
			 hearing.
(3) A hearing shall be
			 informal and shall not be subject to chapter 34.04 RCW. The supervisor's
			 suggestions for resolution are advisory and not binding, and may not be
			 appealed to any person or court.
(4) The director may delegate the resolution
			 of any particular case to a person other than the supervisor of employment
			 standards. That person shall have the same authority as the supervisor to
			 determine the form of the proceeding.
Statutory Authority:
				  RCW
				  19.30.130. 86-01-027 (Order 85-34), §
				  296-310-240, filed 12/11/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-250 - Filing and service

Current through Register Vol. 24-14, July 15, 2024
All papers required to be filed with the director under this
				chapter or chapter 19.30 RCW shall be addressed to Director, Department of
				Labor and Industries, General Administration Building, Olympia, WA
				98504.
Filing and service may be made as provided in WAC 1-08-090
				through 1-08-140.
Statutory Authority:
				  RCW
				  19.30.130. 86-01-027 (Order 85-34), §
				  296-310-250, filed 12/11/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-260 - Liability of person who uses services of unlicensed contractor

Current through Register Vol. 24-14, July 15, 2024
(1) A person who
			 knowingly uses the services of an unlicensed contractor is liable for unpaid
			 wages, damages, and civil and criminal penalties to the same extent as the
			 unlicensed contractor.
(2) Pursuant
			 to RCW
			  19.30.200, a person may prove lack of
			 knowledge by proving that she or he relied on a license issued by the
			 department under chapter 19.30 RCW, or upon the department's representation
			 that the contractor was licensed. The department shall not make oral
			 representations that a contractor is or is not licensed. All representations by
			 the department that a contractor is licensed shall be made in writing and shall
			 be signed by the director or the employment standards supervisor or the
			 assistant director. The department shall not accept reliance on a supposed oral
			 representation as proof in any administrative enforcement proceeding.
Statutory Authority:
				  RCW
				  19.30.130. 86-01-027 (Order 85-34), §
				  296-310-260, filed 12/11/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-270 - Inspection of records

Current through Register Vol. 24-14, July 15, 2024
A contractor or any person using a contractor's services shall
				allow a representative of the department to inspect at any reasonable time the
				records it is required to keep by chapter 19.30 RCW.
Statutory Authority:
				  RCW
				  19.30.130. 86-01-027 (Order 85-34), §
				  296-310-270, filed 12/11/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-350 - WISHA administrative rules › VARIANCES FROM WISHA RULES › Section 296-350-70025 - Interim orders - Description and requesting

Current through Register Vol. 24-14, July 15, 2024
(1) You may request an interim order when
				requesting a permanent or temporary variance, or anytime after. Interim orders
				allow you to vary from existing WISHA requirements until we make a final
				decision on your variance request.
(2) We may choose to issue an interim order
				in response to a variance request, even when the interim order was not
				specifically requested.
(3) Our
				decision to grant or deny an interim order will not restrict our decision on a
				permanent or temporary variance request.
(4) Interim orders will be effective until
				revoked or until we approve or deny your variance request.
Statutory Authority:
					 RCW
					 49.17.010, [49.17].040, and[49.17].050 .
					 00-11-098, § 296-350-70025, filed 5/17/00, effective
					 8/1/00.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter.
(1) "Assistant director" means the assistant
			 director for the division of occupational safety and health at the department
			 of labor and industries.
(2)
			 "Department" means the department of labor and industries.
(3) "Division" or "DOSH" means the division
			 of occupational safety and health of the department of labor and
			 industries.
(4) "Director" means
			 the director of the department of labor and industries.
(5) "Employ" has the same meaning as in WAC
			 296-360-080.
(6) "Employee" has the same meaning as in
			 RCW
			  49.17.020.
(7) "Person" has the same meaning as in
			 RCW
			  49.17.020.
(8) "Repeat violation" means a violation
			 where the employer has been cited one or more times previously for violation of
			 RCW
			  49.17.160 and the prior violation has become
			 a final order no more than five years prior to the employer committed the
			 violation being cited.
Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order
				  94-07), § 296-360-005, filed 7/20/94, effective 9/20/94. Statutory
				  Authority:
				  RCW
				   49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-005, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-010 - Introduction

Current through Register Vol. 24-14, July 15, 2024
This chapter deals with the rights of employees afforded under
				RCW
				 49.17.160, which prohibits reprisals, in any
				form, against employees who exercise rights under WISHA. The purpose of this
				chapter is to make available in one place interpretations of the various
				provisions of
				RCW
				 49.17.160 that will guide the assistant
				director in the performance of their duties.
Statutory Authority:
				  RCW
				   49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-010, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-020 - General requirements of RCW 4917160 of WISHA

Current through Register Vol. 24-14, July 15, 2024
(1) No person shall discharge or in any
			 manner discriminate against any employee because the employee has:
(a) Filed any complaint under or related to
			 WISHA;
(b) Instituted or caused to
			 be instituted any proceeding under or related to WISHA;
(c) Testified or is about to testify in any
			 proceeding under or related to WISHA; or
(d) Exercised on their own behalf or on
			 behalf of others any right afforded by WISHA.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-030 - Filing a complaint of discrimination

Current through Register Vol. 24-14, July 15, 2024
(1) Who may file. A complaint alleging
			 discrimination may be filed by the employee, or by the employee's authorized
			 representative.
(2) Nature of
			 filing. No particular form of complaint is required.
(3) Place of filing. The complaint should be
			 filed with the division by the following methods:
(a) Department website:
https://lni.wa.gov/workers-rights/
			 workplace-complaints/discrimination-in-the-workplace
.
(b) In person:
Department of Labor and Industries
DOSH-Discrimination Program
7273 Linderson Way S.W.
Tumwater, WA 98501
(c) Mail:
Department of Labor and Industries
DOSH-Discrimination Program
P.O. Box 44600
Olympia, WA 98504-4600; or
(d) Phone: 360-902-6088 or
			 1-800-423-7233.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-040 - Discrimination, determination, and notification

Current through Register Vol. 24-14, July 15, 2024
(1) The assistant director must determine if
			 a violation of
			 RCW
			  49.17.160 has occurred, or whether there was
			 insufficient evidence to determine if a violation occurred.
(2) The assistant director will notify a
			 complainant and their employer of the determination made under subsection (1)
			 of this section within 90 days of receipt of the complaint. The department may
			 extend the 90-day period by providing advance written notice to the complainant
			 and the employer setting forth good cause for an extension of the period, and
			 specifying the duration of the extension.
(a)
			 Violation occurred. If the assistant director determines that
			 RCW
			  49.17.160 has been violated, the assistant
			 director will issue a citation and notice of assessment describing the
			 violation to the employer, ordering all appropriate relief as described in WAC
			 296-360-045, and may assess a civil penalty as described in WAC 296-360-175.
			 Complainants and employers have the right to appeal the citation and notice of
			 assessment in accordance with WAC 296-360-180.
(b) Insufficient evidence. If the assistant
			 director finds there is insufficient evidence to determine that a violation
			 occurred, the assistant director will issue a letter of closure and the
			 employee may institute the action on their own behalf within 30 days of such
			 determination as allowed in
			 RCW
			  49.17.160.
(i) The complainant may file a written
			 request for review by the director within 15 working days of receipt of the
			 determination. The request for director review must set forth the basis for the
			 request. The request must be filed by mail to the address in WAC
			 296-360-030(3)(c)
			 or in-person to the address in WAC
			 296-360-030(3)(b).
(ii) Upon review the director may set aside
			 the assistant director's determination and issue a citation and notice of
			 assessment, remand the matter for further investigation, or affirm the
			 determination of the assistant director.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-045 - Appropriate relief for violations of RCW 4917160

Current through Register Vol. 24-14, July 15, 2024
(1) A citation and notice of assessment
			 issued for a violation of
			 RCW
			  49.17.160 as required by WAC
			 296-360-040,
			 must include all appropriate relief which may include, but is not limited to,
			 the following:
(a) Restoring the complainant
			 to the position of employment held by the complainant when the discrimination
			 occurred, or restoring the complainant to an equivalent position with
			 equivalent employment hours, work schedule, benefits, pay, and other terms and
			 conditions of employment; and
(b)
			 Ordering the employer to make payable to the complainant earnings that the
			 complainant did not receive due to the employer's discriminatory action,
			 including interest of one percent per month on all earnings owed. The earnings
			 and interest owed will be calculated from the first date earnings were owed to
			 the employee.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-050 - Withdrawal of complaint

Current through Register Vol. 24-14, July 15, 2024
Enforcing the provisions of
				RCW
				 49.17.160 is not only a matter of protecting
				rights of individual employees, but also of protecting the public interest.
				Attempts by an employee to withdraw a filed complaint will not necessarily
				result in termination of the division's investigation. A voluntary and
				uncoerced request from a complainant to withdraw a complaint will be given
				careful consideration; however, the division's jurisdiction cannot be
				foreclosed as a matter of law by unilateral action of the
				employee.
Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order
				  94-07), § 296-360-050, filed 7/20/94, effective 9/20/94. Statutory
				  Authority:
				  RCW
				   49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-050, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-060 - Arbitration or other agency proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) General.
(a) An employee who files a complaint under
			 RCW
			  49.17.160 may pursue remedies under grievance
			 arbitration proceedings in collective bargaining agreements, and may also
			 resort to other agencies, such as the National Labor Relations Board, for
			 relief. The division's jurisdiction to entertain
			 RCW
			  49.17.160 complaints, to investigate, and to
			 determine whether discrimination has occurred, is independent of the
			 jurisdiction of other agencies or bodies. The division may file an action in
			 superior court regardless of the pendency of other proceedings.
(b) The division favors voluntary resolution,
			 where possible, of disputes under procedures in collective bargaining
			 agreements. The division should defer to the jurisdiction of other forums
			 established to resolve disputes that may also be related to
			 RCW
			  49.17.160 complaints. Thus, where a
			 complainant is pursuing remedies other than those provided by
			 RCW
			  49.17.160 it may be proper to postpone the
			 assistant director's determination whether discrimination has occurred, and
			 defer to the results of such proceedings.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-070 - Persons prohibited from discriminating

Current through Register Vol. 24-14, July 15, 2024
RCW
				 49.17.160 specifically states that "no person
				shall discharge or in any manner discriminate against any employee" because the
				employee has exercised rights under WISHA.
				RCW
				 49.17.020(5), defines
				"person" as "one or more individuals, partnerships, associations, corporations,
				business trusts, legal representatives, or any organized group of persons."
				Consequently, the prohibitions of
				RCW
				 49.17.160 are not limited to actions taken by
				employers against their own employees. A person may be charged with
				discriminating against an employee of another person.
				RCW
				 49.17.160 extends to such entities as
				organizations representing employees in collective bargaining, employment
				agencies, or any other person in a position to discriminate against an
				employee.
Statutory Authority:
				  RCW
				   49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-070, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-080 - Persons protected by RCW 49.17.160

Current through Register Vol. 24-14, July 15, 2024
(1) All employees are afforded the full
			 protection of
			 RCW
			  49.17.160. WISHA defines an employee as "an
			 employee of an employer who is employed in a business of their employer which
			 affects commerce."RCW
			  49.17.020(4). WISHA does not
			 define "employ"; however, the broad remedial nature of WISHA demonstrates a
			 clear intent that the existence of an employment relationship, for purposes of
			 RCW
			  49.17.160, is to be based upon economic
			 realities rather than upon common law doctrines and concepts.
(2) For purposes of
			 RCW
			  49.17.160, an applicant for employment could
			 be considered an employee.
Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order
				  94-07), § 296-360-080, filed 7/20/94, effective 9/20/94. Statutory
				  Authority:
				  RCW
				   49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-080, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-090 - Unprotected activities distinguished

Current through Register Vol. 24-14, July 15, 2024
If the employee's engagement in protected activities was a
				substantial factor in bringing about the employer's decision,
				RCW
				 49.17.160 has been violated. "Substantial
				factor" means a significant motivating factor in bringing about the employer's
				decision. "Substantial factor" does not mean the only factor or the main factor
				in the challenged act or decision. Ultimately, the issue as to whether an
				employee's engagement in protected activities was a substantial factor for the
				discharge or other adverse action is determined on the basis of the facts in
				the particular case.
Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order
				  94-07), § 296-360-090, filed 7/20/94, effective 9/20/94. Statutory
				  Authority:
				  RCW
				   49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-090, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-100 - Discrimination because of a complaint under or related to WISHA

Current through Register Vol. 24-14, July 15, 2024
RCW  49.17.160 prohibits discharge
				of, or discrimination against, an employee because the employee has filed any
				complaint under or related to this act.
(1) An example of a complaint made "under"
			 WISHA would be an employee request for inspection pursuant to section 11
			 (RCW
			  49.17.110) . This is not the only type of
			 complaint protected by
			 RCW
			  49.17.160, however. The range of complaints
			 "related to" WISHA is commensurate with the broad remedial purposes of this
			 legislation and the sweeping scope of its application.
(2) Complaints registered with other state or
			 federal agencies that have the authority to regulate or investigate industrial
			 safety and health conditions are complaints "related to" WISHA.
(3) The protection offered employees by WISHA
			 would be seriously undermined if employees were discouraged from lodging
			 complaints about industrial safety and health matters with their employers.
			 Complaints to employers, if made in good faith, are related to WISHA, and an
			 employee is protected against discharge or discrimination caused by a complaint
			 to the employer.
(4) To come within
			 the protection of
			 RCW
			  49.17.160, a complaint must relate to
			 conditions at the work place, as distinguished from complaints touching only
			 upon general public safety and health.
Statutory Authority:
				  RCW
				  49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-100, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-110 - Discrimination because of a proceeding under or related to the act

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
			  49.17.160 prohibits discharge of, or
			 discrimination against, any employee because the employee has "instituted or
			 caused to be instituted any proceeding under or related to WISHA." Proceedings
			 that can arise specifically under WISHA include inspections of worksites under
			 RCW
			  49.17.070, employee contest of an abatement
			 date under
			 RCW
			  49.17.140, employee initiation of proceedings
			 for promulgation of an industrial safety and health standard, employee
			 application for modification or revocation of a variance under
			 RCW
			  49.17.080, employee judicial challenge of a
			 standard, and employee appeal of board of industrial insurance appeals order
			 under RCW
			  49.17.140. In determining whether a
			 "proceeding" is "related to" WISHA, the considerations discussed in WAC
			 296-360-100 are also
			 applicable.
(2) An employee need
			 not directly institute a proceeding. It is sufficient if he or she sets into
			 motion acts of others that result in proceedings under or related to
			 WISHA.
Statutory Authority:
				  RCW
				  49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-110, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-120 - Discrimination because of testimony

Current through Register Vol. 24-14, July 15, 2024
RCW  49.17.160 prohibits discharge
				of, or discrimination against, any employee because the employee "has testified
				or is about to testify" in proceedings under or related to WISHA. This
				protection is not limited to testimony in proceedings instituted or caused to
				be instituted by the employee, but extends to any statements given in the
				course of judicial, quasijudicial, and administrative proceedings, including
				inspections, investigations, administrative adjudications, and rules
				hearings.
Statutory Authority:
				  RCW
				  49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-120, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-130 - Discrimination because of exercise of any right afforded by WISHA - In general

Current through Register Vol. 24-14, July 15, 2024
In addition to protecting employees who file complaints,
				institute proceedings, or testify in proceedings under or related to WISHA,
				RCW
				 49.17.160 also protects employees from
				discrimination occurring because of the exercise "of any right afforded by this
				chapter." Certain rights are explicitly stated in WISHA. Other rights exist by
				necessary implication. For example, employees may request information from the
				occupational safety and health administration or the department of labor and
				industries. Also, employees interviewed by agents of the division in the course
				of inspections or investigations cannot subsequently be discriminated against
				because of their cooperation.
Statutory Authority:
				  RCW
				  49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-130, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-140 - Discrimination because of exercise of right afforded by WISHA - Walkaround pay

Current through Register Vol. 24-14, July 15, 2024
Employee participation in walkaround inspections under
				RCW
				 49.17.100 is essential. Employees are a vital
				source of information to the division about work place hazards. Employees must
				be able freely to exercise their statutory right to participate in walkarounds
				without fear of economic loss, such as the denial of pay for the time spent
				helping WISHA inspectors during the walkaround. To ensure the unimpeded flow of
				information to the inspectors, and the unfettered statutory right of employees
				to participate in walkaround inspections, an employer's failure to pay
				employees for time they spend in walkaround inspections is discrimination under
				RCW
				 49.17.160. In addition, an employer's failure
				to pay employees for time spent in other inspection-related activities, such as
				answering questions of inspectors or participating in the opening and closing
				conferences, is discrimination under
				RCW
				 49.17.160.
Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order
				  94-07), § 296-360-140, filed 7/20/94, effective 9/20/94. Statutory
				  Authority:
				  RCW
				   49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-140, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-150 - Discrimination because of exercise of right afforded by WISHA-Refusal to work in an unsafe condition

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Review of WISHA and examination of the legislative history discloses that, as a
			 general matter, WISHA grants no specific right to employees to walk off the job
			 because of potential unsafe conditions at the work place. A hazardous condition
			 that may violate WISHA will ordinarily be corrected by the employer, once
			 brought to its attention. If the employer does not correct a hazard, or if
			 there is a dispute about the existence of a hazard, the employee normally can
			 ask the division to inspect the work place pursuant to
			 RCW
			  49.17.110, or can seek help from other public
			 agencies that have responsibility for safety and health. Under such
			 circumstances, an employer would not violate
			 RCW
			  49.17.160 by disciplining an employee who
			 refuses to work because of an alleged safety or health hazard.
(2) Occasions arise, however, when an
			 employee is confronted with a choice between not performing assigned tasks or
			 subjecting him- or herself to serious injury or death arising from a hazard at
			 the work place. If the employee, with no reasonable alternative, refuses in
			 good faith to expose him- or herself to the dangerous condition, he or she is
			 protected against subsequent discrimination.
(3) An employee's refusal to work is
			 protected if he or she meets the following requirements:
(a) The refusal to work must be in good
			 faith, and must not be a disguised attempt to harass the employer or disrupt
			 the employer's business;
(b) The
			 hazard causing the employee's apprehension of death or injury must be such that
			 a reasonable person, under the circumstances then confronting the employee,
			 would conclude that there is a real danger of death or serious injury;
			 and
(c) There must be insufficient
			 time, due to the urgency of the situation, to eliminate the danger through
			 resort to regular statutory enforcement channels.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-160 - Payment of damages to employee discriminated against

Current through Register Vol. 24-14, July 15, 2024
(1) If an employer discriminates against an
			 employee such that the employee earns less than he or she would have earned
			 absent the discrimination, the employer must pay the employee the difference
			 between the wages that the employee would have earned absent the discrimination
			 and the wages the employee actually earned after the discrimination.
(2) If an employer discriminates against an
			 employee for a refusal to work that is protected under WAC
			 296-360-150,
			 the employer need not pay the employee's wages for the time spent fixing the
			 hazard, or that would have been spent fixing the hazard, if the employer (a)
			 had to or would have had to shut down the job to make the repair and (b) had
			 not other work the employee could have done.
Statutory Authority:
				  RCW
				   49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-160, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-170 - Employee's refusal to comply with safety rules

Current through Register Vol. 24-14, July 15, 2024
An employee who refuses to comply with industrial safety and
				health standards or valid safety rules implemented by the employer in
				furtherance of WISHA is not exercising a right afforded by WISHA. Discipline
				taken by employers solely in response to an employee's refusal to comply with
				appropriate safety rules and regulations is not discrimination prohibited by
				RCW
				 49.17.160. This situation should be
				distinguished from refusals to work discussed in WAC
				296-360-150.
Statutory Authority:
				  RCW
				  49.17.040,
				  49.17.050,
				  49.17.240,
				  chapters
				  43.22 and
				  42.30 RCW. 80-17-015 (Order 80-21),
				  § 296-360-170, filed 11/13/80.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-175 - Penalties for violations of RCW 49.17.160

Current through Register Vol. 24-14, July 15, 2024
(1)
(a)
			 Penalties for violations of
			 RCW
			  49.17.160 are as follows:
Employer Size
Penalty Amount Per Violation
1 - 25
$5,000
26 - 100
$7,000
101 - 250
$10,000
251+
$14,000
(b)
			 Employer size is determined by the maximum number of workers employed in the
			 12-month period since the alleged violation occurred.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-180 - Appeals of citations and notices of assessments

Current through Register Vol. 24-14, July 15, 2024
(1) WAC
			 296-900-17005
			 and
			 296-900-17010
			 apply to appeals described in this section. The remainder of the section
			 outlines the timelines for notifying the department about appeals of the
			 citation and notice of assessment issued by the department.
(2) Citation and notice of assessment appeal.
			 Both the employer and the complainant have a right to appeal determinations
			 made under WAC
			 296-360-040.
(a) Notification to the department.
(i) An employer has 30 calendar days of
			 receipt of the citation and notice of assessment to notify the department that
			 the employer wishes to appeal the citation or notice of assessment;
			 and
(ii) The complainant has 15
			 working days from receipt of the citation and notice of assessment to notify
			 the department that the complainant wishes to appeal the order of appropriate
			 relief stated in the notice of assessment.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160 › Section 296-360-200 - Retaliation protections and enforcement-Warehouse distribution centers

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to protected activities established in RCW
				  49.84.032, 49.84.040, and associated rules under chapter 296-35 WAC. WAC
				296-35-400 establishes protected activities covered by this chapter, and
				includes a rebuttable presumption on when an adverse action has taken
				place.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-400A - Plumber certification rules › Section 296-400A-011 - How does a plumbing contractor become licensed, renew, and reinstate their license?

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 plumbing contractor may license/renew/relicense/rein-state if it:
(a) Completes an application for plumbing
			 contractor licensing, have it notarized, and submit it to the department as
			 required by
			 RCW
			  18.106.400;
(i) Each applicant for a plumbing
			 contractor's license shall identify the full-time employee or member of the
			 firm, who currently possesses a valid journey level plumber's certificate of
			 competency or specialty plumber's certificate of competency, as the plumbing
			 contractor's designated certified plumber.
(ii) The designated plumber's certificate
			 will define the journey level (general) or specialty scope of work allowed to
			 be performed by the plumbing contractor per
			 RCW
			  18.106.400 and
			 18.106.430;
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-400A - Plumber certification rules › Section 296-400A-012 - How much are the surety bond or savings account amounts?

Current through Register Vol. 24-14, July 15, 2024
(1) The continuous surety bond or savings
			 account amounts for applicants of plumbing contractor license: Six thousand
			 dollars for the plumbing contractor license.
(2) The surety bond or savings account
			 amounts for applicants of plumbing contractors with final judgments involving a
			 residential single-family dwelling in the previous five years can be required a
			 bond up to three times the normal amount: Per
			 RCW
			  18.106.410(11).
Final Judgments
Bond or Savings Account Amount per Registration
						  Cycle
Up to 3
$18,000.00
(3) At
			 the time of relicensing, renewal, or reinstatement the department shall only
			 consider final judgments from the previous five years which will be used to
			 determine the bond or savings account amount according to subsection (2) of
			 this section.
(4) A plumbing
			 contractor's required bond or savings account amount may only be reviewed for
			 reduction to a lower level at their next regular renewal. The increased bond
			 requirement must remain in effect during the entire license cycle even if
			 reinstatement or relicensing occurs.
(5) For purposes of this section, final
			 judgment does not include infractions.