HB 1644 — Concerning the safety and health of working minors.

(e) If the bidder has a history of receiving monetary penalties for not achieving the apprentice utilization requirements pursuant to RCW 39.04.320, or is habitual in utilizing the good faith effort exception process, the bidder must submit an apprenticeship p.

3 ESHB 1644 utilization plan within ten business days immediately following the notice to proceed date.

(4) The capital projects advisory review board created in RCW 39.10.220 shall develop suggested guidelines to assist the state and municipalities in developing supplemental bidder responsibility criteria.

The guidelines must be posted on the board's website.

Sec.

2.

(1)(a) ((ExceptExcept as otherwise provided in (e) of this subsection (2)(((2) of this section,section)), if))if If the director, or the director's designee, finds that an employer has violated any of the requirements of RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, a citation and notice of assessment stating the violations shall be issued to the employer.

The citation and notice of assessment shall be in writing, describing the nature of the violation including reference to the standards, rules, or orders alleged to have been violated.

((An initial)) TheA first citation andfor penaltyfailure assessmentto mustcomply bewith givenRCW to49.12.123 theor highestrules managementrequiring officiala availableminor atwork thepermit workplaceand maintenance of records, or befor mailedother nonserious violations shall state a specific and reasonable time for abatement of the violation to allow the employer atto correct the workplace.violation without a civil penalty.

In((The addition,director or the departmentdirector's shalldesignee mailmay establish a copyspecific oftime thefor citationabatement andof penaltyother assessmentnonserious toviolations thein centrallieu personnelof officea ofpenalty thefor employer.p.

Citations1 issuedHB under1644 thisfirst sectiontime mustviolations.)) The citation and a ((proposed)) penalty assessment shall be postedgiven to the highest management official available at the workplace or nearbe mailed to the placeemployer whereat the violationworkplace. occurred.

(b)In Aaddition, first-timethe citationdepartment forshall failuremail to ((comply with RCW 49.12.123 or rules requiring a minorcopy work permit and maintenance of recordsthe shall))citation obtainand a((proposed)) minorpenalty workassessment permit or parental or school authorization, for failure to maintain records, or for a violation deemed nonserious by the departmentcentral mustpersonnel stateoffice a specific and reasonable time for abatement of the violationemployer. to allow the employer to correct the violation ((without penalty.

The director or the director's designee may establish a specific time for abatement of other nonserious violations in lieu of a penalty for first time violations.

The citation and a proposed penalty assessment shall be given to the highest management official available at the workplace or be mailed to the employer at the workplace.

In addition, the department shall mail a copy of the citation and proposed penalty assessment to the central personnel office of the employer.

(b) Except when an employer corrects a violation as provided in (a) of this subsection, ((he or she)) the employer shall be assessed a civil penalty ((of not more than one thousand dollars depending on the size of the business and the gravity of the violation)) as follows:

(i) No less than $100 for each violation involving the failure to comply with RCW 49.12.123 or rules requiring a minor work permit, maintenance record requirements, or failure to complete school authorization procedures, or for each other nonserious violation;

(ii) No less than $150 for each violation involving failure to comply with hours of work requirements;

(iii) No less than $300 for each violation involving failure to comply with meal break or rest break requirements;

(iv) No less than $1,000 for each violation involving failure to comply with prohibited duty requirements, variance conditions, or minimum wage requirements for minors, or for each other serious violation, except the civil penalty may be no less than $2,000 for each violation in a second or subsequent citation for any of these violations identified in this subsection (1)(b)(iv);

and (v) No less than $71,000 for any violation resulting in the serious physical harm or death of a minor, which may be doubled where the violation is a willful violation or a repeated violation.

(c) The department shall increase penalty assessments above the minimum amounts prescribed in this subsection based on a consideration of the following factors:

Whether the violation was committed willfully or the violation is a repeat violation;

the size of the employer;

the age of the minor;

the gravity of the violation;

the hazards created by the violation;

the penalties for comparable violations under federal law;

the penalty amount necessary to deter future noncompliance;

ensuring the penalty amount is consistent with the purposes of this chapter;

and any other factor warranting an increase in the penalty as deemed appropriate by the department.

42 ESHBHB 1644 (b)(d) ExceptThe whenemployer anshall employerpay correctsthe aamount violationassessed aswithin provided((thirty)) in30 (a)days of thisreceipt subsection,of hethe assessment or shenotify shallthe bedirector assessed a civil penalty of not((his moreor thanher)) onethe thousandemployer's dollarsintent dependingto onappeal the sizecitation ofor the businessassessment andpenalty theas gravityprovided ofin theRCW violation.49.12.400.

The(((2))) employer(e) shallIf paythe director, or the amountdirector's assesseddesignee, withinfinds thirtythat daysan ofemployer receipthas ofcommitted thea assessmentserious or notifyrepeated violation of the directorrequirements of hisRCW 49.12.121 or her49.12.123, intentor toany appealrule theor citationorder adopted or variance granted under RCW 49.12.121 or 49.12.123, the assessmentemployer is subject to ((a)) an additional civil penalty asof provided((not inmore RCWthan 49.12.400)).one thousand dollars)) a minimum of $1,000 for each subsequent day the violation continues.

TheFor departmentthe maypurposes waiveof orthis reducesubsection (1)(e), a civilserious penaltyviolation assessedshall forbe deemed to exist if death or serious physical harm has resulted or is imminent from a first-timecondition violationthat underexists, thisor subsectionfrom ifone theor directormore determinespractices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer hasdid takennot, correctiveand actioncould tonot resolvewith the exercise of reasonable diligence, know of the presence of the violation.

(c)(f) TheBeginning employerJuly must1, be2027, assessedand aevery civiltwo penaltyyears asthereafter, follows:the department shall adjust by rule the amounts in this subsection (1) for inflation based on the consumer price index.

(i)(((3))) No(2)(a) lessIn thanaddition $100to andany noother moreauthority thanprovided $1,000in forthis eachsection, violationif, involvingupon failureinspection toor obtaininvestigation, the director, or director's designee, believes that an employer has violated RCW 49.12.121 or 49.12.123, or a minorrule workor permitorder adopted or parentalvariance granted under RCW 49.12.121 or school49.12.123, authorization,and forthat failurethe violation creates a danger from which there is a substantial probability that death or serious physical harm could result to maintaina records,minor employee, the director, or fordirector's eachdesignee, othermay nonseriousissue violation;an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace.

(ii)(b) NoAn lessorder thanissued $150under andthis nosubsection moremay thanrequire $1,000the foremployer eachto violationtake involvingsteps failurenecessary to complyavoid, withcorrect, hoursor remove the danger and ((to)) may prohibit the ((employment or)) presence of worka requirements;minor in locations or under conditions where the danger exists.

(iii)(3)(a) NoThe lessdirector thanor $300the anddirector's nodesignee moreshall thanrevoke $1,000an foremployer's eachminor violationwork involvingpermit failureand toprohibit complythe withemployer mealfrom breakobtaining ora restminor breakwork requirements;permit for no less than 12 months if:

(iv)(i) NoThe lessemployer thanhas $1,000been forissued eachany violationcombination involvingof failurethree to comply with prohibited duty requirements, variance conditions, or minimummore wageof requirements for minors, or for each other serious violation, except the civilfollowing penaltywithin may be no less than $2,000 for each violation in a second or subsequent citation for any of24-month thesetime violationsperiod: identified in this subsection (1)(c)(iv);

(v)p. No less than $15,000 for any violation resulting in the serious physical harm of a minor, which may be doubled where the violation is a willful violation or a repeated violation;

and3 (vi)HB No1644 less(A) thanA $71,000safety forand anyhealth violationcitation resultingunder inRCW the49.17.120 deathcontaining ofone aor minor,more whichviolations mayunder beRCW doubled49.17.180 where(1), the(2), violation(4), is a willful violation or a(5); repeated violation.

(((2))) (d) If the director, or the(B) director'sAny designee,citation findsand thatnotice anof employerassessment hascontaining committedone a serious or repeatedmore violationviolations of the requirements of RCW 49.12.121 or 49.12.123,49.12.123 or any rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, the employerapplicable isrules; subject to ((a)) an additional civil penalty assessment of ((not more than one thousand dollars)) a maximum of $5,000 for each subsequent day the violation continues.

For(ii) theThe purposesemployer has been issued a safety and health citation under RCW 49.17.120 containing one or more violations under RCW 49.17.180 (1), (2), (4), or (5) or any citation and notice of thisassessment subsectioncontaining (1)(d),one aor more violations of RCW 49.12.121 or 49.12.123 or the applicable rules, and one or more of the violations caused serious violationphysical shallharm beor deemeddeath to exista ifminor; p.

5 ESHB 1644 death or serious(iii) physicalAn harmorder has resultedbeen orissued isimmediately imminentrestraining froman aemployer's conditioncondition, thatpractice, exists,method, orprocess, from one or moremeans practices, means, methods, operations, or processes that have been adopted or are in use by the employer,workplace unlesspursuant theto employersubsection did(2) not, and could not with the exercise of reasonablethis diligence,section knowor ofRCW the49.17.130 presenceor of49.17.170. the violation.

(e)(b) TheA departmentminor shallwork considerpermit themay followingnot factorsbe whenissued determiningto thean amountemployer who has previously been subject to a revocation under (a) of this subsection (3) unless the employer has not been issued a citation for any penaltyviolations assessmentof underthe provisions identified in (a)(i) of this section:subsection (3) for at least 12 months.

(i) Whether the violation was committed willfully or the violation is a repeat violation;

(ii) the size of the employer;

(iii) the age of the minor;

(iv) the gravity of the violation;

(v) the hazards created by the violation;

(vi) the penalties for comparable violations under federal law;

(vii) the penalty amount necessary to deter future noncompliance;

(viii) ensuring the penalty amount is consistent with the purposes of this chapter;

and (ix) any other factor warranting an adjustment in the penalty as deemed appropriate by the department.

(f) Beginning July 1, 2027, and every two years thereafter, the department shall adjust by rule the amounts in (c) and (d) of this subsection for inflation by calculating to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index.

(2) The employer shall pay the amount assessed under this section within 30 days of receipt of the penalty assessment or notify the director of the employer's intent to appeal the citation or the penalty assessment as provided in RCW 49.12.400.

If an employer fails to pay an assessment under this section after it has become a final and unappealable order, or after the court has entered final judgment in favor of the department, the director may initiate collection procedures in accordance with RCW 49.48.086.

(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or director's designee, believes that an employer has violated RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace.

An order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove the p.

6 ESHB 1644 danger and ((to)) may prohibit the ((employment or)) presence of a minor in locations or under conditions where the danger exists.

(4) ((An employer who violates any of the posting requirements of RCW 49.12.121 or rules adopted implementing RCW 49.12.121 shall be assessed a civil penalty of not more than one hundred dollars for each violation.)) (a) The director or the director's designee shall revoke an employer's minor work permit and prohibit the employer from obtaining a minor work permit for no less than 12 months if:

(i) The employer has been issued a safety and health citation under RCW 49.17.120 containing one or more violations under RCW 49.17.180 (1), (2), (4), or (5) or any citation and notice of assessment containing one or more violations of RCW 49.12.121 or 49.12.123 or any applicable rule or order, where one or more of the violations caused serious physical harm or death to a minor;

or (ii) An order has been issued immediately restraining an employer's condition, practice, method, process, or means in the workplace pursuant to subsection (3) of this section or RCW 49.17.130 or 49.17.170.

(b) Following a revocation under this subsection, a minor work permit may not be reissued to an employer unless the employer has not been issued a citation for any violations of the provisions identified in (a)(i) of this subsection for at least 12 months.

(5)(4) A((An personemployer who givesviolates advanceany notice, without the authority of the director,posting requirements of anRCW inspection49.12.121 toor berules conductedadopted underimplementing thisRCW chapter49.12.121 shall be assessed a civil penalty of not more than one thousandhundred dollars.dollars for each violation.

(6)(5))) PenaltiesA assessedperson who gives advance notice, without the authority of the director, of an inspection to be conducted under this sectionchapter shall be paidassessed toa thecivil directorpenalty andof depositednot intomore thethan generalone fund.thousand dollars.

(7)(((6))) The(5) departmentPenalties shallassessed includeunder inthis itssection annualshall reportbe submittedpaid underto RCWthe 49.12.180director and deposited into the followinggeneral information:fund.

(6) The department shall include in its annual report submitted under RCW 49.12.180 the following information:

and (c)p. The number and nature of workplace injuries involving minors reviewed by the department, including whether those injuries resulted in citations or permit revocations under this section.

p.4 HB 1644 (c) The number and nature of workplace injuries involving minors reviewed by the department, including whether those injuries resulted in citations or permit revocations under this section.

7 ESHB 1644 Sec.

3.

RCW 49.12.410 and 2003 c 53 s 273 are each amended to read as follows:

(1) An employer who knowingly or recklessly violates the requirements of RCW 49.12.121 ((or)), 49.12.123, or section 8 of this act, or a rule or order adopted under RCW 49.12.121 ((or)), 49.12.123, or section 8 of this act, is guilty of a gross misdemeanor.

(2) An employer whose practices in violation of the requirements of RCW 49.12.121 ((or)), 49.12.123, or section 8 of this act, or a rule or order adopted under RCW 49.12.121 ((or)), 49.12.123, or section 8 of this act, result in the death or permanent disability of a minor employee is guilty of a class C felony punishable according to chapter 9A.20 RCW.

4.2.

Before granting a variance from RCW 49.12.121 or an applicable rule in order to allow a minor participating in a bona fide cooperative vocational education program, diversified career experience program, work experience program certified and monitored by the office of the superintendent of public instruction or the minor employee's school district, or a registered apprenticeship program to perform a work duty typically prohibited based on the minor's age, the department shall:

NEW SECTION.

Sec.

5.

A new section is added to chapter 49.17 RCW to read as follows:

The department shall make a good faith effort to notify an employer within 10 calendar days when the department immediately identifies a hazard that could cause injury to a minor worker during an inspection conducted under this chapter.

Such notice does not eliminate or modify any other right, responsibility, or authority provided in this chapter.

Sec.

6.

RCW 49.30.040 and 1989 c 380 s 86 are each amended to read as follows:

p.

8 ESHB 1644 ((Any)) Except as provided in section 8 of this act, any violation of the provisions of this chapter or rules adopted hereunder shall be a class 1 civil infraction.

The director shall have the authority to issue and enforce civil infractions according to chapter 7.80 RCW.

NEW SECTION.

Sec.

7.

A new section is added to chapter 49.30 RCW to read as follows:

Before granting a variance from this chapter or an applicable rule in order to allow a minor participating in a bona fide cooperative vocational education program, diversified career experience program, work experience program certified and monitored by the office of the superintendent of public instruction or the minor employee's school district, or a registered apprenticeship program to perform a work duty typically prohibited based on the minor's age, the department shall:

(1) Conduct a safety and health consultation at the worksite;

and (2) Consult with the employer on the types of tools, equipment, and practices permitted under the variance.

NEW SECTION.

Sec.

8.

A new section is added to chapter 49.30 RCW to read as follows:

(1) In accordance with the rule-making authority granted to the department under this chapter to protect employees in agriculture, the department's rules must provide for the protection of the safety, health, and welfare of minor employees, provided that such rules grant appropriate exceptions for emancipated minors.

The department's rules must prohibit an employer from employing a minor unless the employer has a valid minor work permit with the consent of the minor's parent, guardian, or legal custodian and the approval of the minor's school, provided that such rules grant appropriate exceptions for employers who are the minor's parent, guardian, or legal custodian and for emancipated minors.

(2)(a) If the director, or the director's designee, finds that an employer has violated any of the requirements of this section or any applicable rule or a variance from those requirements issued under this chapter and applicable rules, a citation and notice of assessment stating the violations must be issued to the employer.

The citation and notice of assessment must be in writing, describing the nature of the violation including reference to the standards, rules, p.

9 ESHB 1644 or orders alleged to have been violated.

The citation and penalty assessment must be given to the highest management official available at the workplace or be mailed to the employer at the workplace.

In addition, the department shall mail a copy of the citation and penalty assessment to the central personnel office of the employer.

Citations issued under this section must be posted at or near the place where the violation occurred.

(b) A first-time citation for failure to obtain a minor work permit or parental or school authorization, for failure to maintain records, or for a violation deemed nonserious by the department must state a specific and reasonable time for abatement of the violation to allow the employer to correct the violation.

The department may waive or reduce a civil penalty assessed for a first-time violation under this subsection if the director determines that the employer has taken corrective action to resolve the violation.

(c) The employer must be assessed a civil penalty as follows:

(i) No less than $100 and no more than $1,000 for each violation involving failure to obtain a minor work permit or parental or school authorization, for failure to maintain records, or for each other nonserious violation;

(ii) No less than $150 and no more than $1,000 for each violation involving failure to comply with hours of work requirements;

(iii) No less than $300 and no more than $1,000 for each violation involving failure to comply with meal break or rest break requirements;

(iv) No less than $1,000 for each violation involving failure to comply with prohibited duty requirements, variance conditions, or minimum wage requirements for minors, or for each other serious violation, except the civil penalty may be no less than $2,000 for each violation in a second or subsequent citation for any of these violations identified in this subsection (2)(c)(iv);

(v) No less than $15,000 for any violation resulting in the serious physical harm of a minor, which may be doubled where the violation is a willful violation or a repeated violation;

and (vi) No less than $71,000 for any violation resulting in the death of a minor, which may be doubled where the violation is a willful violation or a repeated violation.

(d) If the director, or the director's designee, finds that an employer has committed a serious or repeated violation of any of the requirements of this section or any applicable rule or order, the p.

10 ESHB 1644 employer is subject to an additional civil penalty assessment of a maximum of $5,000 for each subsequent day the violation continues.

For the purposes of this subsection (2)(d), a serious violation exists if death or serious physical harm has resulted or is imminent from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

(e) The department shall consider the following factors when determining the amount of any penalty assessment under this section:

(i) Whether the violation was committed willfully or the violation is a repeat violation;

(ii) the size of the employer;

(iii) the age of the minor;

(iv) the gravity of the violation;

(v) the hazards created by the violation;

(vi) the penalties for comparable violations under federal law;

(vii) the penalty amount necessary to deter future noncompliance;

(viii) ensuring the penalty amount is consistent with the purposes of this chapter;

and (ix) any other factor warranting an adjustment in the penalty as deemed appropriate by the department.

(f) Beginning July 1, 2027, and every two years thereafter, the department shall adjust by rule the amounts in (c) and (d) of this subsection for inflation by calculating to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index.

(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or the director's designee, believes that an employer has violated any of the requirements of this section or any applicable rule or order governing the employment of minors, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or the director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace.

An order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove the danger and may prohibit the presence of a minor in locations or under conditions where the danger exists.

(4)(a) The director or the director's designee shall revoke an employer's minor work permit and prohibit the employer from obtaining a minor work permit for no less than 12 months if:

p.

11 ESHB 1644 (i) The employer has been issued a safety and health citation under RCW 49.17.120 containing one or more violations under RCW 49.17.180 (1), (2), (4), or (5) or any citation and notice of assessment containing one or more violations of any of the requirements of this section, any applicable rules, or applicable orders, where one or more of the violations caused serious physical harm or death to a minor;

or (ii) An order has been issued immediately restraining an employer's condition, practice, method, process, or means in the workplace pursuant to subsection (3) of this section or RCW 49.17.130 or 49.17.170.

(b) Following a revocation under this subsection (4), a minor work permit may not be reissued to an employer unless the employer has not been issued a citation for any violations of the provisions identified in (a)(i) of this subsection (4) for at least 12 months.

(c) This subsection does not prohibit the department from revoking, suspending, or modifying a minor work permit for any reason or cause provided for under state law or department rule or policy.

(5) Any person aggrieved by an action taken or decision made by the department under this section may appeal the action or decision to the director by filing notice of the appeal with the director within 30 days of the department's action or decision.

A notice of appeal filed under this section stays the effectiveness of a citation or notice of the assessment of a penalty pending review of the appeal by the director, but such appeal does not stay the effectiveness of an order of immediate restraint issued under this section.

Upon receipt of an appeal, a hearing must be held in accordance with chapter 34.05 RCW.

The director shall issue all final orders after the hearing.

The final orders are subject to appeal in accordance with chapter 34.05 RCW.

Orders not appealed within the time period specified in chapter 34.05 RCW are final and binding.

(6) The employer shall pay the amount assessed under this section within 30 days of receipt of the penalty assessment or notify the director of the employer's intent to appeal the citation or the penalty assessment under subsection (5) of this section.

If an employer fails to pay an assessment under this section after it has become a final and unappealable order, or after the court has entered final judgment in favor of the department, the director may initiate collection procedures in accordance with RCW 49.48.086.

p.

12 ESHB 1644 (7) A person who gives advance notice, without the authority of the director, of an inspection to be conducted under this chapter must be assessed a civil penalty of not more than $1,000.

(8) Penalties assessed under this section must be paid to the director and deposited into the general fund.

(9) The department may adopt rules for purposes of implementing and enforcing this section.

NEW SECTION.

Sec.

9.

This act takes effect July 1, 2026.

135 ESHBHB 1644