This chapter applies to all adult entertainment establishments.

In addition to this chapter, chapter 296-800 WAC Safety and health core rules, chapter 296-24 WAC General safety and health standards, and chapter 296-62 WAC General occupational health standards contain safety and health rules that also apply to adult entertainment establishments. Similarly, other special industry focused chapters (e.g., chapter 296-832 WAC Late night retail worker crime prevention, chapter 296-155 WAC construction, etc.) and special hazard focused chapters (e.g., chapter 296-876 WAC ladders, chapter 296-880 WAC fall protection, etc.) complement the rules found in this chapter and may apply depending on operations being performed.

If a provision of this chapter conflicts with the general safety and health requirements identified above, the provisions of this chapter will prevail.

The definitions below exclusively apply to this chapter.

(1) Adult entertainment. Any exhibition, performance, or dance of any type conducted within the view of one or more members of the public inside a premises where such exhibition, performance, or dance involves an entertainer who is unclothed or in such attire, costume, or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, vulva, or genitals, with an intent to sexually arouse or excite another person.

(2) Adult entertainment establishment or establishment. Any business to which the public, patrons, or members are invited or admitted where an entertainer provides adult entertainment to a member of the public, a patron, or a member.

(3) Department. The department of labor and industries.

(4) Entertainer. Any person who provides adult entertainment within an adult entertainment establishment, whether or not a fee is charged or accepted for entertainment and whether or not the person is an employee under RCW 49.17.020.

(5) Panic button. An emergency contact device by which the entertainer may summon immediate on-scene assistance from another entertainer, a security guard, or a representative of the entertainment establishment.

(1) Adult entertainment establishments must have a written accident prevention program (APP) that addresses requirements in WAC 296-800-140 through 296-800-14025. An establishment's APP must cover the following (in addition to other general safety and health considerations applicable to all businesses):

(a) Entertainer orientation on panic button location, use, and maintenance, if any;

(b) Adding a problematic customer to the establishment's complaint log/blocklist, in accordance with WAC 296-831-500;

(c) Reporting work-related hazards, injuries, unsafe conditions, or unsafe practices;

(d) The proper use and care of personal protective equipment (PPE); and

(e) What to do in an emergency, including how to leave the workplace.

(2) An establishment must regularly hold safety and health meetings, in accordance with WAC 296-800-130 Safety committees/safety meetings—Summary. Safety meetings are to be used to communicate and evaluate safety and health issues in the workplace, including the evaluation of the establishment's APP. Safety committee/safety meetings may also be used to:

(a) Determine locations of panic buttons as required in WAC 296-831-300; and

(b) Determine alternative types of panic buttons as allowed in WAC 296-831-300(3).

(3) An establishment must:

(a) Provide appropriate cleaning supplies at all stage performance areas. A nonexhaustive list of examples of appropriate cleaning supplies is available for reference on the department's website. Employers are required to follow all applicable rules for chemical use including requirements for a hazard communication program under chapter 296-901 WAC, and potential exposure to bloodborne pathogens or other potentially infectious materials under chapter 296-823 WAC;

(b) Equip dressing or locker rooms for entertainers with a keypad requiring a code to enter; and

(c) Display signage at the entrance directing customers to resources on appropriate etiquette. Resources can include a list of requirements developed by the establishment which addresses appropriate customer etiquette, and is conspicuously posted in various locations throughout the establishment;

(4) An establishment must have written processes and procedures accessible to all employees and entertainers for:

(a) Responding to customer violence or criminal activity, including when police are called; and

(b) Ejecting customers who violate club policies, including intoxication or other inappropriate or illegal behavior.

(1) Adult entertainment establishments must provide an accessible panic button in each room in the establishment in which an entertainer may be alone with a customer, and in bathrooms and dressing rooms. An entertainer may use the panic button if the entertainer has been harmed, reasonably believes there is a risk of harm, or there is another emergency in the entertainer's presence. The entertainer may cease work and leave the immediate area to await the arrival of assistance.

(2) For the purposes of this chapter, the accessibility of a panic button must be determined in coordination with, and based on, recommendations provided by entertainers on the appropriate location for placement of a panic button based on the entertainer's point of use. Establishments must assess the accessibility of panic buttons at least annually.

(3) Panic buttons, and their associated alarm(s), must be silent (discreet) at the entertainer's point of use, while still effectively alerting whomever the establishment has determined to be responsible for responding to emergencies. Panic buttons that trigger a recognizable (audible/visual/tactile) alarm at the entertainer's point of use may be used in specific locations within an establishment where alarms are required only if:

(a) The establishment has assessed its business operations and alarm system with the required safety and health committee (see WAC 296-800-130 Safety committees/safety meetings—Summary); and

(b) The committee has unanimously determined that such an alarm would be more effective for a particular location within the establishment where an alarm is required. In such cases, this determination is limited to a particular location within the establishment and must be documented along with other required safety committee documentation.

(4) Establishments must test and maintain its alarm system regularly to ensure that it will function as intended when needed.

(a) Testing must be performed at least annually.

(b) Establishments must keep a record that includes the dates of all testing or maintenance performed and any pertinent details, such as errors corrected or adjustments made.

(5) By July 1st of each year, establishments must submit to the department proof of compliance with the requirements of subsections (1), (2), and (4) of this section. The information submitted to the department must include:

(a) Name and address of the adult entertainment establishment;

(b) Unified business identifier number;

(c) A list, map, or other visual of the establishment, containing the locations of all panic buttons in the establishment; and

(d) Maintenance records demonstrating that panic buttons have been maintained and are confirmed to be in working condition.

(6) A sample panic button checklist that establishments can use to assist in identifying panic button and response procedure related hazards in their workplace, and to aid establishments in evaluating what performance criteria will address the violence-based hazards in their establishment, is provided below:

(1) Adult entertainment establishments must make sure that an alarm system, with a distinctive (not confused with fire alarm, etc.) signal, is installed for the purposes of communicating entertainer violence related emergencies to employer-designated responders.

(2) Establishments must make sure alarm systems:

(a) Communicate the use/triggering of panic buttons.

(b) Identify the location of all panic buttons which have been used/triggered.

(c) Latch, or continue to both communicate the use/triggering of panic buttons, and identify the location of panic buttons which have been used/triggered, without requiring ongoing action(s) of the person that used the panic button. For example, entertainers must not be required to hold a button down to keep the alarm triggering.

(d) Are recognizable above surrounding noise and light levels by establishment designated responder(s) in all relevant portions of the establishment in which designated responders are acting in this role. Areas far enough away from an alarm, or where building materials or walls are in the alarms path, may reduce the effectiveness of the alarm to the point that it is no longer recognizable.

(3) For the purposes of this rule, panic button alarm systems can be categorized based on whether the entertainer's point of use features a silent (discreet), or a recognizable (audible/visual/tactile) alarm from the entertainer's and customer's perspective. Discreet panic buttons reduce the likelihood of escalating a confrontation towards violence, but at the same time prevent other entertainers and personnel in the area from knowing a panic button was used/triggered. Regardless of which method is used, associated hazards must be further mitigated by implementing either of the below, or a similarly protective, strategy:

(a) A multistage alarm (normally discreet at the panic button point of use, but switches to audible/recognizable at the point of use if the alarm system detects a malfunction that would prevent response actions); or

(b) A multicomponent alarm (discreet at the panic button point of use, but nonaudible alarm components (lights, etc.)) provided within adjacent booths/rooms/etc., and above/adjacent/on the entrance to booth(s)/room(s)/etc., to communicate to designated responders both the use, and location, of a panic button alarm in the area.

(1) Adult entertainment establishments must train entertainers on the following, prior to their work as entertainers.

(a) The location and type of panic buttons used in the establishment (audible/discreet at the point of use).

(b) How to use panic button(s).

(c) Proper scenarios for use of panic button(s).

(d) What, if any, are the limitations of the panic button(s) and/or alarm system(s) - Under what circumstances could the panic button(s) and alarm system(s) fail and what are entertainers expected to do in these scenarios.

(e) The location and purpose of both the customer complaint log and blocklist.

(f) What scenarios are appropriate for listing customers in both the complaint log and blocklist.

(g) What steps entertainers must take to have customers added to blocklist and/or customer complaint log. For more information related to customer complaint logs/blocklists, see WAC 296-831-500.

(2) Adult entertainment establishments designate and train responders on the following prior to their work as designated responders:

(a) The location and type of panic buttons used in the establishment;

(b) How to recognize panic button alarms;

(c) The limitations of the panic button(s) and/or alarm system(s), the circumstances under which the panic button(s) and alarm system(s) could fail, and what responders are expected to do in these scenarios;

(d) The duties assigned to designated responders following the use of a panic button;

(e) How designated responders perform assigned duties following the use of a panic button;

(f) The location and purpose of both the customer complaint log and blocklist;

(g) What scenarios are appropriate for listing customers in both the complaint log and blocklist; and

(h) What steps designated responders must take to have customers added to blocklist and/or customer complaint log. For more information related to customer complaint logs/blocklists, see WAC 296-831-500.

(3) An establishment must provide training to its employees other than entertainers to minimize occurrences of unprofessional behavior and enable employees to support entertainers in times of conflict.

(a) An establishment must require all employees other than entertainers to complete the training by the later of: March 1, 2025; or within 30 days of hiring for recorded content or 120 days of hiring for live courses. Employees must complete the training at least every two years thereafter.

(b) The training content must be developed and provided by a third-party qualified professional with experience and expertise in personnel training. A third-party qualified professional is defined as one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated their ability to effectively train on the topics outlined in (c) of this subsection, and who does not have an interest, financial or otherwise, direct or indirect, in the establishment for which the training is being provided, or any establishments with common ownership. If possible, the training should be designed for use by adult entertainment establishments. When practicable, the training must be translated if necessary for one or more non-English speaking employees to understand the training.

(c) The training topics must include, but are not limited to:

(i) Preventing sexual harassment, sexual discrimination, and assault in the workplace;

(ii) Information on how to identify and report human trafficking;

(iii) Conflict deescalation between entertainers, other employees, and patrons; and

(iv) Providing first aid.

(d) An establishment must offer entertainers the ability to opt in to trainings offered under this subsection.

(4) Upon the request of the department, an establishment must provide proof of compliance with the requirements under this section for inspection by the department.

(1) An adult entertainment establishment must provide at least one dedicated security person on the premises during operating hours whose primary duty is security, including monitoring interactions between entertainers and customers.

(2) During peak operating hours, security personnel cannot have duties other than security. Peak operating hours includes the times of the day, and days of the week, when customer volume at the establishment is the highest. Establishments must have a method for determining peak operating hours, and can utilize information such as a log of day-to-day customer volume, electronic point of sale activity in the establishment, or other mechanism that a club utilizes to track customer volume from the preceding 90-day period.

(3) Establishments must assess when the need for additional security personnel exists. This need could occur outside of the established peak operating hours, and the assessment of any such need must take into consideration any events or activities occurring in the establishment which could yield a reasonable expectation of an increase in customer volume. When determining the appropriate number of security personnel, establishments must also consider:

(a) The size of the establishment, such as total square footage;

(b) The layout and floor plan of the establishment, such as line of sight between security personnel and entertainers, and areas of the establishment accessible by customers;

(c) The occupancy and customer volume, such as the occupancy rating, and average customer volume from the preceding 90-day period;

(d) Security cameras and panic buttons, such as the number of security cameras operational on the premises of the establishment, how comprehensively security cameras capture the premises, and how security cameras and panic buttons are monitored by staff in the establishment;

(e) The history of security events at the establishment, such as the number of reports filed with law enforcement, and the number of customers added to the blocklist, in the preceding 90-day period; and

(f) Whether the establishment currently holds any license issued under chapter 66.24 RCW.

(4) If a security issue arises outside of peak operating hours, the dedicated security personnel required under subsection (1) of this section must be immediately relieved of any additional duties and be available to provide immediate assistance to entertainers.

(1) Adult entertainment establishments must record in a customer complaint log the allegations it receives that a customer has committed sex trafficking, prostitution, promotion of prostitution, or an act of violence, including assault, sexual assault, or sexual harassment, towards an entertainer. The establishment must make every effort to obtain the customer's name and if the establishment cannot determine the name, it must record as much identifying information about the customer as is reasonably possible. The establishment must retain a record of the customer's identifying information and written detail about the incident for at least five years after the most recent allegation.

(2) If an allegation involving a customer is supported by a statement made under penalty of perjury or other evidence, the establishment must add the customer to a blocklist maintained by the establishment, and must prohibit the customer from returning to the establishment for at least three years after the date of the incident. In addition to statements made under penalty of perjury, any other evidence brought forth to an employer that a customer has committed an act of violence, including assault, sexual assault, or sexual harassment towards an entertainer, should be considered credible and trigger the employer to take action as required under the customer complaint log requirements. The establishment must share the information about the customer with other establishments with common ownership. Establishments with common ownership must also add the customer to their blocklists and must prohibit the customer from entering those establishments for at least three years after the date of the incident. No entertainer may be required to provide such a statement.

(3) An establishment must have written policies and procedures for implementing the requirements of this subsection, which must include a process for employees and entertainers to record allegations involving a customer under this subsection. These policies and procedures may be a part of the establishments APP. Upon the request of the department, an establishment must make written policies and procedures and any records under this section available for inspection by the department.

(4) A standard declaration template that can be used to make a statement under penalty of perjury is provided below: