Washington Harassment Prevention
Washington Harassment prevention
Summary:
Hotels, motels, retail organizations, security guard entities, or
property services contractors must begin providing sexual harassment training to
specific employees
Recent changes:
SB 5258 was signed by the Governor on May 13, 2019
requiring sexual harassment training for certain employees
Relevant Washington laws1:
SB 5258; RCW 49.60
What companies must provide training:
Any hotel, motel, retail, or security guard entity, or
property services contractor2, who employs an “employee”3
Who must be trained:
Managers, supervisors and any individual who spends a
majority of her or his working hours alone, or whose primary work responsibility
involves working without another coworker present, and who is employed by an
employer as a janitor, security guard4, hotel or motel housekeeper, or
room service attendant
How frequently must employees be trained:
The law does not make any reference to a required
training frequency
When must employees be trained:
Hotels/motels with sixty (60) or more rooms must complete
training by January 1, 2020. All other required employers must complete training by
January 1, 2021. The law does not specify how quickly a new hire/promote must be
trained.
Minimum training requirements:
-
The training must be designed to:
- Prevent sexual assault and sexual harassment in the workplace
- Prevent sexual discrimination in the workplace
- Educate the employer's workforce regarding protection for employees who
report violations of a state or federal law, rule, or regulation
- Provide a list of resources for the employer's employees to utilize. At
a minimum, the resources must include contact information of the equal
employment opportunity commission, the Washington state human rights
commission, and local advocacy groups focused on preventing sexual
harassment and sexual assault
- Required employers must also adopt a sexual harassment policy
- Property services contractors must submit to Department of Labor and
Industries the number of managers, supervisors, and employees trained and
date of adoption of the sexual harassment policy
- The law does not specify time or interactivity requirements
SB5258 also includes a few other non-sexual harassment training
requirements:
- Every hotel, motel, retail, or security guard entity, or property services
contractor, who employs an “employee”3, must provide a panic
button5 to each “employee.” This does not apply to contracted
security guard companies listed in The Revised
Code of Washington 18.170
- A property services contractor shall submit the following to the
department the physical address of the work location or locations at which
janitorial services are provided by workers of the property services
contractor, and for each location: (A) total number of workers or
contractors who perform janitorial services; and (B) total hours
worked
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- SB
5258 was signed May 13, 2019 with an effective date of July 28,
2019. SB 5258 added a new section to The Revised
Code of Washington Chapter 49.60
- "Property services contractor" means any person or entity that employs
workers: (i) To perform labor for another person to provide commercial
janitorial services; or (ii) on behalf of an employer to provide commercial
janitorial services. "Property services contractor" does not mean the
employment security department or individuals who perform labor under an
agreement for exchanging their own labor or services with each other,
provided the work is performed on land owned or leased by the
individuals.
- "Employee" means an individual who spends a majority of her or his working
hours alone, or whose primary work responsibility involves working without
another coworker present, and who is employed by an employer as a janitor,
security guard, hotel or motel housekeeper, or room service
attendant.
- "Security guard" means an individual who is principally employed as, or
typically referred to as, a security officer or guard, regardless of whether
the individual is employed by a private security company or a single
employer or whether the individual is required to be licensed under chapter
18.170 RCW.
- "Panic button" means an emergency contact device carried by an employee by
which the employee may summon immediate on-scene assistance from another
worker, a security guard, or a representative of the employer.
The above should not be viewed as legal advice and
we always recommend speaking to your legal counsel where you have specific legal
questions.