EXPEDITED RULES
LABOR AND INDUSTRIES
Title of Rule: Chapter 296-24 WAC, Part A-3 Late night retail worker crime protection; and chapter 296-832 WAC, Late night retail worker crime prevention.
Purpose: Changes to chapter 296-24 WAC, General safety and health standards for late night retail workers crime protection.
The late night retail workers rule is being rewritten and reorganized for clarity and ease of use for employers and employees. We are proposing to repeal the late night retail workers rule from chapter 296-24 WAC and proposing it as a new chapter 296-832 WAC. No requirements have been added.
Repealed Sections:
WAC 296-24-102 Scope and application.
• The requirements in this section have been moved to WAC 296-832-100.
• This section will be repealed.
WAC 296-24-10203 General requirements.
• The requirements in this section have been moved to WAC 296-832-10005, 296-832-10010, 296-832-10015, 296,832-10020, and 296-832-10025.
• This section will be repealed.
New Sections:
WAC 296-832-10000 Scope.
• Moved requirements relating to scope and application.
WAC 296-832-10005 Provide crime prevention training to your
employees.
• Moved requirements relating to providing crime prevention training.
WAC 296-832-10010 Provide crime prevention retraining to your
employees annually.
• Moved requirements relating to providing crime prevention retraining.
WAC 296-832-10015 Have a safe in your store.
• Moved requirements relating to having a safe.
WAC 296-832-10020 Post a notice about your store's safe and cash
register.
• Moved requirements relating to posting a notice.
WAC 296-832-10025 Provide outside lighting.
• Moved requirements relating to security lighting of the outside of the store.
Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, [49.17].050.
Statute Being Implemented: Chapter 49.17 RCW.
Summary: The late night retail worker crime protection rule, WAC 296-24-102, is being rewritten for clarity and ease of use. We are proposing to repeal it from chapter 296-24 WAC and assign it an 800 series chapter number. The rule language is being clarified to make understanding and application easier for employers. Unnecessary and autocratic terminology will be eliminated. There will be no increase in requirements.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.
Name of Proponent: Department of Labor and Industries, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal does not change existing rules.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Carmen Moore, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY June 3, 2002.
April 3, 2002
Gary Moore
Director
OTS-5532.1
LATE NIGHT RETAIL WORKER CRIME PREVENTION
| Exemption: | These rules do not apply to restaurants, hotels, taverns, and lodging facilities. |
To make sure all employees receive crime prevention training as part of your accident prevention program.
You must:
Provide crime prevention training to your employees
Provide crime prevention retraining to your employees annually
Have a safe in your store
Post a notice about your store's safe and cash register
Provide outside lighting
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| Note: | These training requirements only apply to employees working any time during the hours of 11:00 p.m. to 6:00 a.m. This training must be conducted prior to the employee working this time period. |
• Provide crime prevention training as part of your accident prevention program.
– Make sure you have instructed your employees on the purpose and function of robbery and violence prevention to provide them with the knowledge and skills required to maintain their personal safety.
• Provide training and training materials that outline your company's:
– Security policies
– Safety and security procedures
– Personal safety and crime prevention techniques.
• Provide formal instruction about crime prevention through a training seminar or training video presentation that includes these topics:
– How keeping the store clean, neat and uncluttered discourages potential robbers
– Why the cash register should be kept in plain view from outside the store, if your store layout allows
– Reasons for operating your business with only a minimum number of cash registers at night
– Reasons for keeping cash register funds to a minimum
– How to take extra precautions after dark such as ways to keep alert, making sure appropriate lights are on, inspecting dark corners, and identifying possible hiding places for robbers
– Violence prevention procedures in case of a robbery.
• Have employees sign a statement indicating the date, time, and place they received their crime prevention training.
• Keep a record of this information readily available for review when requested by the department of labor and industries.
| Note: | Employers may keep electronic records of employee training and verification. |
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• Provide a refresher course in crime prevention training annually.
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• Have a drop-safe, limited access safe, or comparable device in your store.
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• Post a notice in an obvious place on a window or door stating:
– There is a safe in the store
– Employees have no access to the safe
– The cash register contains only enough cash to do business.
| Notes: | • You will not be cited by WISHA for having money in the cash register over the minimal amount needed to do business. |
| • All displays and other materials posted in the window(s) or door(s) should be arranged to provide an unobstructed view of the cash register if it is visible from the street. |
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• Light the store's approach area and parking lot during all night hours your business is open.
| Note: | You can do this by: |
| – Providing surveillance lighting to observe pedestrian and vehicle entrances | |
| – Providing lighting of a minimum of one foot candle to comply with ANSI/IES RP7-1983. Lighting levels can be measured with a light meter; for comparison purposes 1 foot-candle = 1 lumen incident per square foot = 10.76 lux. |
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OTS-5542.1
REPEALER
The following sections of the Washington Administrative Code are repealed:
| WAC 296-24-102 | Scope and application. |
| WAC 296-24-10203 | General requirements. |