Washington State Law

 

 

 

 

CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 5258
66th Legislature
2019 Regular Session
Passed by the Senate April 26, 2019
Yeas 46 Nays 0
President of the Senate
Passed by the House April 25, 2019
Yeas 73 Nays 25
Speaker of the House of Representatives
CERTIFICATE
I, Brad Hendrickson, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is ENGROSSED
SUBSTITUTE SENATE BILL 5258 as
passed by the Senate and the House
of Representatives on the dates
hereon set forth.
Secretary
Approved FILED
Governor of the State of Washington
Secretary of State
State of Washington1 AN ACT Relating to preventing the sexual harassment and sexual
2 assault of certain isolated workers; and adding a new section to
chapter 49.60 RCW.3
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. A new section is added to chapter 49.60
RCW to read as follows:6
7 (1) Every hotel, motel, retail, or security guard entity, or
8 property services contractor, who employs an employee, must:
(a) Adopt a sexual harassment policy;9
10 (b) Provide mandatory training to the employer’s managers,
supervisors, and employees to:11
12 (i) Prevent sexual assault and sexual harassment in the
workplace;13
14 (ii) Prevent sexual discrimination in the workplace; and
15 (iii) Educate the employer’s workforce regarding protection for
16 employees who report violations of a state or federal law, rule, or
regulation;17
18 (c) Provide a list of resources for the employer’s employees to
19 utilize. At a minimum, the resources must include contact information
20 of the equal employment opportunity commission, the Washington state
ENGROSSED SUBSTITUTE SENATE BILL 5258
AS AMENDED BY THE CONFERENCE COMMITTEE
Passed Legislature – 2019 Regular Session
State of Washington 66th Legislature 2019 Regular Session
By Senate Labor & Commerce (originally sponsored by Senators Keiser,
Wellman, Saldaña, Randall, Das, Dhingra, Cleveland, Conway, Wilson,
C., Darneille, Kuderer, Takko, Salomon, Hasegawa, and Hunt)
READ FIRST TIME 01/25/19.
p. 1 ESSB 5258.PL1 human rights commission, and local advocacy groups focused on
2 preventing sexual harassment and sexual assault; and
3 (d) Provide a panic button to each employee. The department must
4 publish advice and guidance for employers with fifty or fewer
5 employees relating to this subsection (1)(d). This subsection (1)(d)
6 does not apply to contracted security guard companies licensed under
chapter 18.170 RCW.7
8 (2)(a) A property services contractor shall submit the following
9 to the department on a form or in a manner determined by the
department:10
11 (i) The date of adoption of the sexual harassment policy required
in subsection (1)(a) of this section;12
13 (ii) The number of managers, supervisors, and employees trained
14 as required by subsection (1)(b) of this section; and
15 (iii) The physical address of the work location or locations at
16 which janitorial services are provided by workers of the property
17 services contractor, and for each location: (A) The total number of
18 workers or contractors of the property services contractor who
19 perform janitorial services; and (B) the total hours worked.
20 (b) The department must make aggregate data submitted as required
in this subsection (2) available upon request.21
22 (c) The department may adopt rules to implement this subsection
(2).23
(3) For the purposes of this section:24
25 (a) “Department” means the department of labor and industries.
26 (b) “Employee” means an individual who spends a majority of her
27 or his working hours alone, or whose primary work responsibility
28 involves working without another coworker present, and who is
29 employed by an employer as a janitor, security guard, hotel or motel
housekeeper, or room service attendant.30
31 (c) “Employer” means any person, association, partnership,
32 property services contractor, or public or private corporation,
33 whether for-profit or not, who employs one or more persons.
34 (d) “Panic button” means an emergency contact device carried by
35 an employee by which the employee may summon immediate on-scene
36 assistance from another worker, a security guard, or a representative
of the employer.37
38 (e) “Property services contractor” means any person or entity
39 that employs workers: (i) To perform labor for another person to
40 provide commercial janitorial services; or (ii) on behalf of an
p. 2 ESSB 5258.PL1 employer to provide commercial janitorial services. “Property
2 services contractor” does not mean the employment security department
3 or individuals who perform labor under an agreement for exchanging
4 their own labor or services with each other, provided the work is
5 performed on land owned or leased by the individuals.
6 (f) “Security guard” means an individual who is principally
7 employed as, or typically referred to as, a security officer or
8 guard, regardless of whether the individual is employed by a private
9 security company or a single employer or whether the individual is
required to be licensed under chapter 18.170 RCW.10
11 (4)(a) Hotels and motels with sixty or more rooms must meet the
requirements of this section by January 1, 2020.12
13 (b) All other employers identified in subsection (1) of this
14 section must meet the requirements of this section by January 1,
2021.15
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p. 3 ESSB 5258.PL

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