Accident Prevention Program (APP)

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):

1. Entertainer training on panic button type, location, use of, and any limitations of the panic button;
2. Adding a problematic customer to the establishment's complaint log/blocklist, in accordance with WAC 296-831-500;
3. Reporting work-related hazards, injuries, unsafe conditions, or unsafe practices;
4. The proper use and care of personal protective equipment (PPE); and
5. What to do in an emergency, including how to leave the workplace.
6. Evaluation of chemical hazards associated within the workplace to include cleaning supplies and other operations ensuring compliance with hazard communication WAC 296-901.
7. Bloodborne Pathogen program for those that have the potential for exposure to Other Potentially Infectious Material (OPIM) per WAC 296-823.

Safety Meetings

An establishment must regularly hold safety and health meetings, according to 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:

1. Determine locations of accessible panic buttons, as required in WAC 296-831-300(2); and
2. Determine alternative types of panic buttons as allowed in WAC 296-831-300(3).

Cleaning Supplies

Establishments must provide appropriate cleaning supplies at all stage performance areas. A non-exhaustive list of examples of appropriate cleaning supplies is available for reference below. 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.

*Most bacteria and viruses disinfected when allowed to remain wet for listed contact time.

Employers are required to comply in accordance with Hazard Communication (WAC 296-901), including training on chemical use, Safety Data Sheets (SDS). This includes Personal Protective Equipment (PPE) requirements for all chemicals in the workplace.

Check individual product for surface compatibility (e.g. corrosion potential).

Secure Access Areas, Signage & Written Policies & Procedures

Establishments must equip dressing or locker rooms for entertainers with a keypad requiring a code to enter, and 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.

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

1. Responding to customer violence or criminal activity, including when police are called; and
2. Ejecting customers who violate club policies, including intoxication or other inappropriate or illegal behavior.

On-Site Security Personnel Requirements

• Dedicated Security Personnel: Adult entertainment establishments must provide at least one dedicated security person on the premises during operating hours. Their primary duty must be security, which includes monitoring interactions between entertainers and customers.
• Peak Operating Hours: "Peak operating hours" are the times when the establishment experiences the highest customer volume. During these times, security personnel cannot perform any non-security related duties.
• Additional Security Personnel: Establishments must also assess when the need for additional security exists, which can occur outside of peak operating hours. When determining the number of security personnel, establishments must take into consideration the factors found at WAC 296-831-450(3).

Panic Button Requirements

In order to ensure the safety of entertainers, 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, as well as 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.

The panic buttons must be:

• Accessible and Properly Located: 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.
• Silent (Discreet) at the Point of Use: 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.

Alarm System Specifications

• Distinctive Signals: The alarm system must include a distinctive signal that clearly identifies the location of a triggered panic button.
• Resistant to Tampering: The system should be designed to prevent tampering by customers or others.
• Regular Maintenance: Panic buttons and alarm systems must be tested annually and maintained regularly to ensure they function as intended when needed. Establishments must maintain records of all testing, including errors detected and repairs.

Annual Compliance Reporting

By July 1st of each year, adult entertainment establishments must submit proof of compliance to the Division of Occupational Safety and Health.

How to Submit Proof of Compliance

To ensure your establishment is fully compliant with these requirements, please follow the steps below to submit your proof of compliance:

1. Fill Out the Form
   Complete the Proof of Compliance (POC) form (F417-311-000). Ensure that all required fields are filled out accurately to prevent any delays in processing.
2. Provide Required Documents
   Along with the completed POC form, you must submit the necessary supporting documents. These include:
   
   • Panic Button Locations: A list or map, containing the locations of all installed panic button locations within your facility.
   • Maintenance and Testing Records: Documentation showing that all systems (including panic buttons) have been regularly maintained and tested annually, and are confirmed to be in working condition, per the required guidelines.
   • Panic Button Checklist: The panic button checklist form can be used by establishments to assist in identifying panic button and response procedures related to hazards in the workplace.
3. Email Your Submission
   Once you have completed the POC form and gathered all required documents, email your completed packet to the following e-mail address: DOSHAESafety@Lni.wa.gov.
   Ensure all documents are attached, and the subject line of your email clearly references the compliance submission.

Make sure to keep copies of all documents for your records and submit the proof of compliance before the due date to avoid any penalties.

For any questions or assistance with the submission process, feel free to reach out to us at the above email address.

Training Requirements for Establishments

Establishments must provide entertainers training on the following topics:

• Panic Button Usage: How and when to use panic buttons, and understanding their limitations.
• Complaint Log and Blocklist: Procedures for adding customers to the complaint log and blocklist.
• Safety Protocols: What steps to take in emergency situations, including evacuation procedures.

Training for Designated Responders

Designated responders (staff assigned to respond to emergencies) must receive training on:

• How to recognize and respond to panic button alerts.
• Procedures for dealing with customer violence or criminal activity.
• How to manage situations that involve customer ejections for inappropriate behavior.

Know Your Rights Training

Adult entertainers must take a “know your rights” training and provide proof of training completion in order to receive or renew an adult entertainer license issued by a local government.

This training is required for adult entertainer licensing and includes:

• education about the rights and responsibilities of entertainers, including with respect to working as an employee or independent contractor;
• reporting of workplace injuries, including sexual and physical abuse and sexual harassment;
• financial aspects of the entertainer profession;
• the risk of human trafficking; and
• resources for assistance.

RCW 49.17.470 tasked L&I with convening an adult entertainer advisory committee. The advisory committee considered whether additional measures would increase safety and security of adult entertainers. The committee also identified measures that would require legislative action and reported these recommendations to the Legislature in November 2020.

Employee Training (Non-Entertainers)

All employees other than entertainers must complete training to minimize unprofessional behavior and support entertainers in times of conflict. The training, which has be taken every two years, must cover:

• Preventing sexual harassment and assault.
• Identifying and reporting human trafficking.
• Conflict de-escalation strategies.
• First aid and emergency response.

Entertainers must be given the ability to opt in to the training.