wa-law.org > bill > 2023-24 > SB 5429 > Substitute Bill

SB 5429 - Motor carriers/restrooms

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Section 1

  1. The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

    1. "Consignee" means a person or business who takes delivery of property, cargo, or materials transported in interstate or intrastate commerce from a motor carrier.

    2. "Motor carrier" includes "common carrier," "contract carrier," and "private carrier" as defined in RCW 81.80.010.

    3. "Restroom" means a bathroom facility as required by rules authorized under chapter 49.17 RCW, located on the premises of, and operated by, a shipper or consignee and that is intended for use by customers or employees of the shipper or consignee.

    4. "Shipper" means a person or business who tenders property, cargo, or materials to a motor carrier for transportation in interstate or intrastate commerce.

  2. A shipper or consignee required to provide a restroom by rules authorized under chapter 49.17 RCW must allow a motor carrier delivering goods to or picking goods up from a shipper or consignee to use that restroom during normal business hours if:

    1. The restroom is located in an area where providing access would not create an obvious health or safety risk to the motor carrier; and

    2. Allowing the motor carrier to access the restroom does not pose an obvious security, health, or safety risk to the shipper, consignee, or its employees.

  3. A shipper or consignee is not required to make any physical changes to a restroom under this section and may require that an employee accompany a motor carrier to the restroom.

  4. A shipper or consignee or an employee of a shipper or consignee is not civilly liable for any act or omission in allowing a motor carrier to use a restroom if the act or omission:

    1. Is not willful or grossly negligent;

    2. Occurs in an area of the shipper or consignee facility that is not accessible to the public; and

    3. Results in an injury to or death of the motor carrier or any individual other than an employee accompanying the motor carrier.

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    1. The department of health has jurisdiction to enforce this section.

    2. Pursuant to chapter 43.05 RCW, the department of health may issue a notice of correction to a shipper or consignee for a first violation of this section, informing the shipper or consignee of the requirements of this section. A shipper or consignee that violates this section after receiving a notice of correction is subject to a civil penalty of $250.

    3. RCW 43.70.095 governs the assessment of a civil penalty issued under this section.

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