Summary:
Hotels, motels, retail organizations, security guard entities, or property services contractors must begin providing sexual harassment training to specific employees. SB 5258 was signed by the Governor on May 13, 2019 requiring sexual harassment training for certain employees.
Are there any relevant Washington laws I should know about?
SB 5258; RCW 49.60 (1)
What companies must provide training?
Any hotel, motel, retail, or security guard entity, or property services contractor (2) , 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 guard, hotel or motel housekeeper, or room service attendant. (4)
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.
What are the 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 button (5) 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
- 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.
