Revised Code of Washington
Chapter 49.17 - Washington Industrial Safety and Health Act.
49.17.190 - Violations—Criminal penalties.

RCW 49.17.190
Violations—Criminal penalties.

(1) Any person who gives advance notice of any inspection to be conducted under the authority of this chapter, without the consent of the director or his or her authorized representative, shall, upon conviction be guilty of a gross misdemeanor and be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both.
(2) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter shall, upon conviction be guilty of a gross misdemeanor and be punished by a fine of not more than ten thousand dollars, or by imprisonment for not more than six months or by both.
(3) Any employer who wilfully and knowingly violates the requirements of RCW 49.17.060, any safety or health standard promulgated under this chapter, any existing rule or regulation governing the safety or health conditions of employment and adopted by the director, or any order issued granting a variance under RCW 49.17.080 or 49.17.090 and that violation caused death to any employee shall, upon conviction be guilty of a gross misdemeanor and be punished by a fine of not more than one hundred thousand dollars or by imprisonment for not more than six months or by both; except, that if the conviction is for a violation committed after a first conviction of such person, punishment shall be a fine of not more than two hundred thousand dollars or by imprisonment for not more than three hundred sixty-four days, or by both.
(4) Any employer who has been issued an order immediately restraining a condition, practice, method, process, or means in the workplace, pursuant to RCW 49.17.130 or 49.17.170, and who nevertheless continues such condition, practice, method, process, or means, or who continues to use a machine or equipment or part thereof to which a notice prohibiting such use has been attached, shall be guilty of a gross misdemeanor, and upon conviction shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than six months, or by both.
(5) Any employer who shall knowingly remove, displace, damage, or destroy, or cause to be removed, displaced, damaged, or destroyed any safety device or safeguard required to be present and maintained by any safety or health standard, rule, or order promulgated pursuant to this chapter, or pursuant to the authority vested in the director under RCW 43.22.050 shall, upon conviction, be guilty of a misdemeanor and be punished by a fine of not more than one thousand dollars or by imprisonment for not more than ninety days, or by both.
(6) Whenever the director has reasonable cause to believe that any provision of this section defining a crime has been violated by an employer, the director shall cause a record of such alleged violation to be prepared, a copy of which shall be referred to the prosecuting attorney of the county wherein such alleged violation occurred, and the prosecuting attorney of such county shall in writing advise the director of the disposition he or she shall make of the alleged violation.

[ 2011 c 96 § 40; 2010 c 8 § 12016; 1986 c 20 § 3; 1973 c 80 § 19.]
NOTES:

Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

Structure Revised Code of Washington

Revised Code of Washington

Title 49 - Labor Regulations

Chapter 49.17 - Washington Industrial Safety and Health Act.

49.17.010 - Purpose.

49.17.020 - Definitions.

49.17.022 - Legislative findings and intent—Definition of agriculture.

49.17.030 - Application of chapter—Fees and charges.

49.17.040 - Rules and regulations—Authority—Procedure.

49.17.041 - Agricultural safety standards—Limitation on adopting or establishing between January 1, 1995, through January 15, 1996—Requirements.

49.17.050 - Rules and regulations—Guidelines—Standards.

49.17.055 - WISHA advisory committee—Appointment of members—Duties—Terms, compensation, and expenses.

49.17.060 - Employer—General safety standard—Compliance.

49.17.062 - Employer—Public health emergency—Infectious or contagious diseases—Positive tests—Reporting, duty, and procedure.

49.17.064 - Employer—Public health emergency—Infectious or contagious diseases—Notice of potential exposure.

49.17.070 - Right of entry—Inspections and investigations—Subpoenas—Contempt.

49.17.075 - Search warrants.

49.17.080 - Variance from safety and health standards—Application—Contents—Procedure.

49.17.090 - Variance from safety and health standards—Notice—Hearing—Order—Modification or revocation.

49.17.100 - Inspection—Employer and employee representatives.

49.17.110 - Compliance by employee—Violations—Notice—Review.

49.17.120 - Violations—Citations.

49.17.130 - Violations—Dangerous conditions—Citations and orders of immediate restraint—Restraints—Restraining orders.

49.17.140 - Appeal to board—Notification of assessment of penalty—Final order—Procedure—Redetermination—Hearing—Rules.

49.17.150 - Appeal to superior court—Review or enforcement of orders.

49.17.160 - Discrimination against employee filing complaint, instituting proceedings, or testifying prohibited—Procedure—Remedy.

49.17.170 - Injunctions—Temporary restraining orders.

49.17.180 - Violations—Civil penalties.

49.17.190 - Violations—Criminal penalties.

49.17.200 - Confidentiality—Trade secrets.

49.17.210 - Research, experiments, and demonstrations for safety purposes—Confidentiality of information—Variances.

49.17.220 - Records—Reports—Notice to employee exposed to harmful materials.

49.17.230 - Compliance with federal act—Agreements and acceptance of grants authorized.

49.17.240 - Safety and health standards.

49.17.243 - Safety and health investment projects—Grants or contracts—Rules.

49.17.250 - Voluntary compliance program—Consultation and advisory services.

49.17.260 - Statistics—Investigations—Reports.

49.17.270 - Administration of chapter.

49.17.280 - Agricultural workers and handlers of agricultural pesticides—Coordination of regulation and enforcement with department of agriculture.

49.17.285 - Medical monitoring—Records on covered pesticides—Reports.

49.17.288 - Cholinesterase monitoring—Reports.

49.17.300 - Temporary worker housing—Electricity—Storage, handling, preparation of food—Rules.

49.17.310 - Temporary worker housing—Licensing, operation, and inspection—Rules—Definition.

49.17.320 - Temporary worker housing operation standards—Departments' agreement—Enforcement—Definition.

49.17.350 - Flaggers.

49.17.360 - Ergonomics Initiative—Intent.

49.17.370 - Ergonomics Initiative—Definition—Rule repeal.

49.17.400 - Construction crane safety—Definitions.

49.17.410 - Construction crane safety—Application.

49.17.420 - Construction crane certification program—Rules—Certificate of operation.

49.17.430 - Qualified construction crane operators—Rules—Apprentice operators or trainees—Reciprocity.

49.17.440 - Construction crane safety—Rules—Implementation.

49.17.460 - Definitions.

49.17.465 - Handling hazardous drugs—Health care facilities—Rules.

49.17.470 - Entertainers and adult entertainment establishments—Entertainer training—Panic buttons—Recording of accusations—Enforcement—Entertainer advisory committee.

49.17.480 - Asbestos plan requirements in RCW 70A.450.070(1)(b)—Penalties.

49.17.485 - Personal protective devices and equipment—Public health emergency.

49.17.490 - Temporary workers—Safety—Staffing agency and worksite employer duties.

49.17.500 - Adoption of policies requiring the use of a smoke evacuation system during a surgical procedure.

49.17.505 - Surgical smoke evacuation account.

49.17.900 - Short title.