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2019 House Bill 1155: Concerning meal and rest breaks and mandatory overtime for certain health care employees
Introduced by Rep. Marcus Riccelli (Spokane) (D) on January 16, 2019
Referred to the House Labor & Workplace Standards Committee on January 16, 2019
Referred to the House Appropriations Committee on February 4, 2019
Referred to the House Rules Committee on March 1, 2019
Amendment offered by Rep. Drew Stokesbary (Auburn) (R) on March 6, 2019
Applies the provisions of the bill to Western and Eastern state hospitals, residential habilitation centers, the state veterans' homes, and the state Child Study and Treatment Center. Specifies that the provisions may not be construed to alter any existing collective bargaining agreement until the agreement expires.
The amendment failed by voice vote in the House on March 6, 2019
Received in the Senate on March 8, 2019
Referred to the Senate Labor & Commerce Committee on March 8, 2019
Referred to the Senate Ways & Means Committee on March 20, 2019
Referred to the Senate Rules Committee on April 5, 2019
Amendment offered by Sen. Manka Dhingra (Redmond) (D) on April 16, 2019
Clarifies terminology. Modifies the meal and rest break exception to provide that the clinical circumstance justifying a interrupted meal or rest period: (1) Is determined by the employee, employer, or the employer's designee; and (2) is based on circumstances that may lead to a significant adverse effect on the patient's condition without the knowledge, skill or ability of the employee on break or due to an unforeseen or unavoidable event relating to patient care delivery requiring immediate action that could not be planned for by an employer. Clarifies that if a rest break is interrupted by an employer or employer's designee the employee is given an additional ten minute break during the period the employee is required to receive a break, and if this condition is met the break is considered taken for the purposes of the minimum wage act. Clarifies the record keeping provision and eliminates the reference to the L&I. Delays the effective date of the meal and rest break provisions and the new overtime provisions for hospitals certified as a critical access hospital and hospitals with fewer than twenty-five acute care beds in operation, until July 1, 2020. Delays the effective date of overtime provision for surgical technologists, diagnostic radiologic technologists, cardiovascular Code Rev/KB:eab 5 S-4189.2/19 2nd draft invasive specialists, respiratory care practitioners, and certified nursing assistants until July 1, 2020. Modifies the provisions regarding the use of prescheduled on-call time to prohibit its mandatory use: In lieu of scheduling employees to work regularly scheduled shifts when a staffing plan indicates the need for a scheduled shift; and when used to address regular changes in patient census or acuity or expected increases in the number of employees not reporting for predetermined scheduled shifts. Deletes the provision that prohibited an employer from scheduling nonemergency procedures that would require overtime. Provides that an employee accepting overtime, who works more than twelve consecutive hours shall be provided the option to have at least eight consecutive hours of uninterrupted time off from work following the time worked. Deletes the section that allowed an employer to seek a variance of the new provisions from the director of L&I. Provides the act takes effect on January 1, 2020.
The amendment passed by voice vote in the Senate on April 16, 2019
Amendment offered by Sen. Curtis King (Yakima) (R) on April 16, 2019
Exempts critical access hospitals and hospitals with 13 fewer than 25 acute care beds from the meal and rest provisions, instead of including those facilities starting July 1, 2020. Removes the new definitions of "employee" and "employer" for the purposes of overtime. Specifies that references to staffing plans for the purposes of mandatory prescheduled on-call refers to those plans required in RCW 17 70.41.420. The provisions on mandatory prescheduled on-call for the purposes of overtime do not apply to critical access hospitals and hospitals with fewer than 25 acute care beds.
The amendment passed by voice vote in the Senate on April 16, 2019
Amendment offered by Sen. Maureen Walsh (Walla Walla) (R) on April 16, 2019
Prohibits certain health care employees from working more than eight hours in a twenty-four hour period for a health care facility.
The amendment passed by voice vote in the Senate on April 16, 2019
Amendment offered by Sen. Lisa Wellman (Mercer Island) (D) on April 16, 2019
Employees may not voluntarily work more than sixty hours in a seven-day period for a health care facility..
The amendment failed by voice vote in the Senate on April 16, 2019
Received in the Senate on April 24, 2019
Received in the House on April 24, 2019
Signed by Gov. Jay Inslee on May 8, 2019