Isolated employees

AN ACT Relating to protections for isolated employees; amending 1
RCW 49.60.515; adding a new section to chapter 49.60 RCW; and 2
prescribing penalties. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 49.60.515 and 2019 c 392 s 1 are each amended to 5
read as follows: 6
(1) Every ((hotel, motel, retail, or security guard entity, or 7
property services contractor, )) employer who employs an isolated 8
employee, must: 9
(a) Adopt a sexual harassment policy; 10
(b) Provide mandatory training to the employer's managers ((,)) 11
and supervisors of isolated employees, and isolated employees to:12
(i) Prevent sexual assault and sexual harassment in the 13
workplace; 14
(ii) Prevent sexual discrimination in the workplace; ((and))15
(iii) Educate the employer's ((workforce)) isolated employees 16
regarding protection for employees who report violations of a state 17
or federal law, rule, or regulation; and18
(iv) Inform isolated employees on how to use panic buttons, and 19
inform managers and supervisors on the responsibility to respond to 20
the use of panic buttons; 21
S-0610.1
SENATE BILL 5336
State of Washington 69th Legislature 2025 Regular Session
By Senators Orwall, Saldaña, Frame, Hasegawa, Lovick, Nobles,
Stanford, Trudeau, Valdez, and C. Wilson
Read first time 01/17/25. Referred to Committee on Labor & Commerce.
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(c) Provide a list of resources for the employer's isolated 1
employees to utilize. At a minimum, the resources must include 2
contact information of the equal employment opportunity commission, 3
the Washington state human rights commission, and local advocacy 4
groups focused on preventing sexual harassment and sexual assault; 5
((and))6
(d) Provide a panic button to each isolated employee. The 7
department must publish advice and guidance for employers with 8
((fifty)) 50 or fewer employees relating to this subsection (1)(d). 9
This subsection (1)(d) does not apply to contracted security guard 10
companies licensed under chapter 18.170 RCW; and11
(e) Document completion of the mandatory training required by 12
this subsection and provide the documentation to the department upon 13
request. 14
(2)(a) A property services contractor shall submit the following 15
to the department on an annual basis and on a form or in a manner 16
determined by the department: 17
(i) The date of adoption of the sexual harassment policy required 18
in subsection (1)(a) of this section; 19
(ii) The number of managers, supervisors, and isolated employees 20
trained as required by subsection (1)(b) of this section; and21
(iii) The physical address of the work location or locations at 22
which janitorial services are provided by ((workers)) isolated 23
employees of the property services contractor, and for each location: 24
(A) The total number of ((workers or contractors)) isolated employees 25
of the property services contractor who perform janitorial services; 26
and (B) the total hours worked. 27
(b) The department must make aggregate data submitted as required 28
in this subsection (2) available upon request. 29
(((c) The department may adopt rules to implement this subsection 30
(2).))31
(3) Employers who employ an isolated employee must maintain a 32
record of the purchase and utilization of panic buttons provided to 33
its isolated employees pursuant to this section. Records must be 34
provided to the departments upon request.35
(4) For the purposes of this section and section 2 of this act:36
(a) "Department" means the department of labor and industries.37
(b) "((Employee)) Isolated employee " means an individual who 38
((spends)):39
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(a) Spends a majority of ((her or his )) the individual's working 1
hours alone, or whose primary work responsibility involves working 2
without another coworker present((,)); and ((who is))3
(b) Is employed by an employer as a janitor, security guard, 4
hotel or motel housekeeper, or room service attendant.5
(c) "Employer" means any ((person, association, partnership, )) 6
hotel, motel, retail entity, security guard entity, or property 7
services contractor((, or public or private corporation, whether for-8
profit or not,)) who employs one or more persons. 9
(d) "Panic button" means an emergency contact device carried by 10
an employee by which the employee may summon immediate on-scene 11
assistance from another worker, a security guard, or a representative 12
of the employer. 13
(e) "Property services contractor" means any person or entity 14
that employs workers: (i) To perform labor for another person to 15
provide commercial janitorial services; or (ii) on behalf of an 16
employer to provide commercial janitorial services. "Property 17
services contractor" does not mean the employment security department 18
or individuals who perform labor under an agreement for exchanging 19
their own labor or services with each other, provided the work is 20
performed on land owned or leased by the individuals.21
(f) "Security guard" means an individual who is principally 22
employed as, or typically referred to as, a security officer or 23
guard, regardless of whether the individual is employed by a private 24
security company or a single employer or whether the individual is 25
required to be licensed under chapter 18.170 RCW. 26
(((4)(a) Hotels and motels with sixty or more rooms must meet the 27
requirements of this section by January 1, 2020.28
(b) All other employers identified in subsection (1) of this 29
section must meet the requirements of this section by January 1, 30
2021.))31
NEW SECTION. Sec. 2. A new section is added to chapter 49.60 32
RCW to read as follows: 33
(1) If the department has reason to believe that an employer or 34
property services contractor has failed to comply with the provisions 35
of RCW 49.60.515 then the department may investigate under this 36
section. 37
(a) The department must investigate violations and issue either 38
a citation assessing a civil penalty or a closure letter after the 39
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date on which the department determined the violation, unless the 1
violation is otherwise resolved. 2
(b) The department must send notice of a citation assessing a 3
civil penalty or the closure letter to the employer by service of 4
process or using a method by which the mailing can be tracked or the 5
delivery can be confirmed to the last known address.6
(2) If the department's investigation finds that the alleged 7
violation cannot be substantiated, the department must issue a 8
closure letter to the employer detailing such finding.9
(3) If the department determines a violation of rights under RCW 10
49.60.515 has occurred, the department may order the employer to pay 11
the department a civil penalty as specified in (a) of this 12
subsection. 13
(a) A citation assessing a civil penalty for a willful violation 14
is $1,000 for each willful violation. For a repeat willful violator, 15
the citation assessing a civil penalty must be at least $2,000 for 16
each repeat willful violation, but no greater than $10,000 for each 17
repeat willful violation. 18
(b) An employer who fails to comply with the department's 19
investigation of records permitted under RCW 49.60.515 within a 20
reasonable time period may not use such records in any appeal to 21
challenge the correctness of any determination by the department.22
(c) The department may, at any time, waive or reduce a civil 23
penalty assessed under this section if the director determines that 24
the employer has taken corrective action to resolve the violation.25
(d) The department must deposit civil penalties paid under this 26
section in the supplemental pension fund established under RCW 27
51.44.033. 28
(4) For the purposes of this section, the following definitions 29
apply unless the context clearly requires otherwise:30
(a) "Repeat willful violator" means any employer that has been 31
the subject of a final and binding citation for a willful violation 32
of one or more rights under RCW 49.60.515 and all applicable rules, 33
within three years of the date of issuance of the most recent 34
citation for a willful violation of one or more such rights.35
(b) "Willful" means a knowing and intentional action that is 36
neither accidental nor the result of a bona fide dispute.37
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(5) The department may adopt and implement rules to carry out and 1
enforce provisions of RCW 49.60.515 and this section.2
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