Worker and workplace safety are paramount when running a business. Not only is important to keep employees safe and healthy, but not meeting the requirements of Washington State workplace safety laws can also lead to extensive penalties.
When it comes to Washington Labor Laws, here is what employers need to know regarding workplace safety.
Washington State Workplace Safety Laws
While employers must maintain compliance with the federal program administered by the Occupational Safety and Health Administration (OSHA) or through an OSHA-approved state plan, employers must also be aware of both state OSHA laws as well as certain regulations regarding tobacco and smoking.
The Washington Department of Safety and Health (DOSH) is responsible for ensuring that employers provide safe and healthy working conditions for workers in the state, while state tobacco and smoking laws ensure the proper and safe use of smoking in the workplace.
Washington State Department of Safety and Health (DOSH)
Under Washington State DOSH regulations, employers must ensure the following in order to maintain a safe work environment:
- Comply with all workplace safety and health rules that apply to the business
- Develop and implement a written accident prevention plan (also called an APP or safety program)
- Post the “Job Safety and Health Law” notice regarding employee rights and responsibilities
- Prior to assigning jobs, employees must be trained on how to prevent hazardous exposures
- Provide required personal protective equipment at no cost
- Allow an employee representative to participate in an L&I safety / health inspection, without loss of wages or benefits.
- L&I inspectors may talk confidentially with a number of employees
- Employers cited for safety and / or health violations, must prominently display the citation at or near the place of the violation for a minimum of seven working days, excluding weekends and holidays. It must remain posted until all violations have been corrected
- Employers are also prohibited from firing, discriminating against, or otherwise taking any adverse action against an employee from filing a complaint or participating in inspections, investigations, or, opening or closing conferences
- Employers must report all deaths, in-patient hospitalizations, and amputations or loss of eyes within the proper time frames and with the proper details and information
Workplace Safety and Health Rules
Washington State DOSH has general standards pertaining to the following that all businesses should be aware of and maintain compliance with:
- Material handling and storage, including cranes, derricks, etc., and rigging
- Hazardous materials, flammable liquids, spray finishing
- Storage and handling of liquefied petroleum gases
- Means of egress
- Fire protection
- Fire suppression equipment
- Welding, cutting, and brazing
- Working surfaces, guarding floors, scaffolds, and wall openings
- Personal fall arrest system
- Compressed gas and compressed gas equipment
- Electrical
Washington State DOSH also has extended regulations for the following types of businesses:
- Telecommunications
- Compressed air work
- Commercial diving operations
- Electrical workers
- Explosives
- Logging operations
- Longshore, Stevedore and Waterfront Related Operations
- Ski area facilities and operations
- Asbestos removal and encapsulation
- Process safety management of highly hazardous chemicals
- Refinery Worker Training and Certification in High-Hazard Facilities
- Sawmills and woodworking operations
- Pulp, paper, and paperboard mills and converters
- Grain handling facilities
- Charter boats
- Construction
- Textile industry
- Laundry machinery and operations
- Ship repairing, shipbuilding, and shipbreaking
- Firefighters
- Agriculture
Accident Prevention Plan (APP)
Employers in Washington State must create and implement a written Accident Prevention Program (APP) to address the safety and health hazards found within the workplace. Employers should consider anAPP as a cornerstone safety program.
The Washington State DOSH has sample APP policies for general industries as well as small businesses. Depending on the nature of a business, specific or additional APP policies may be required.
The following types of businesses require special APP policies:
- Businesses with outdoor workers (requires an addendum only)
- Agriculture
- Construction
- Firefighters
- Logging
- Restaurant Industry
- Sawmills
Additional Policies and Programs
Businesses with the following hazards require additional policies:
- Bloodborne pathogens
- Chemical hazards
- Confined spaces
- Emergency responses
- Hazardous drugs
- Potential hearing loss
- Lockout / tagout procedures
- Required respiratory protection
Required Notices
Employers must post the Job Safety and Health Law notice that details employee rights and responsibilities under Washington State DOSH regulations.
If and when an employer is cited for safety and / or health violations, a citation must be prominently displayed at or near the place of the violation. The citation must be posted until the violations have been corrected, but must always be displayed for a minimum of seven working days, excluding weekends and holidays, regardless.
Employee Rights and Protections
Under Washington State DOSH regulations, there are requirements that employers must follow in order to protect an employee’s right to report workplace safety and health concerns.
Employees have the right to:
- Notify his or her employer or L&I about workplace hazards. Employees have the right to remain confidential
- Request an L&I inspection of the workplace if an employee feels unsafe or unhealthy conditions exist. Employers and / or the employee representative may participate in an inspection, without loss of wages or benefits
- Obtain copies of his or her medical records, including records of exposures to toxic and harmful substances or conditions
- File a complaint with L&I within 90 days if he or she believes to have been fired, retaliated, or discriminated against due to filing a safety complaint, participating in an inspection, or any other safety-related activity
- Appeal a violation correction date if he or she believes the time allowed on the citation is not reasonable
Employees may not refuse an assignment or walk off the job simply because of a belief that a safety or health requirement has been violated. Employees who are confronted with a hazardous condition that places he or she in imminent danger of death or serious physical harm, and there is no time to contact DOSH, refusal to work may be allowed if:
- Employees first tell the employer about the hazard and request that it be corrected where possible
- Employees ask for and accept alternate assignments
Reporting Injuries
When an injury or more serious incident occurs, employers must report it to the proper authorities in a timely manner.
In the event of a work-related death or in-patient hospitalization, notice must be made to the Washington State DOSH within 8 hours of the incident.
In the event of any work-related non-hospitalized amputation or loss of an eye, notice must be made to the Washington State DOSH within 8 hours of the incident
If any of the above occurs, the following information must be reported:
- Primary contact for employer
- Employer phone number
- Name of business
- Address and location where the work-related incident occurred
- Date and time of the incident
- Names and the total number of employees involved in the incident
- A brief description of the incident
Employers may report any incident to any nearby Washinting L&I office or call 1-800-423-7233 (phone service available 24/7)
Smoking and Tobacco Laws
Washington smoking and tobacco laws require employers to:
- Prohibit smoking in places of employment, including restrooms, hallways, stairways, cafeterias, and meeting rooms
- Prohibit smoking at least 25 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area
- Prohibit smoking in buildings and vehicles used by and that are open to the public
- Display "no-smoking" signs at each building entrance.
- Retail stores must have signs posted conspicuously at each entrance and in prominent locations throughout the place
Get Help with Safety Requirements
Workplace safety is one of the most expansive, detailed, and complex areas of law when it comes to employer compliance.
Keeping it all straight and ensuring you adhere to all applicable regulations for your business is hard, but can be made easier by seeking help from a Washington State HR service.
Find a provider today, or contact us to get started with your search.
Guest Author: Lori Brown
Lori Brown, CEO of PayNW a leading Washington payroll and HR services company, took the reins in September 2021 from founder Mike Anderson. Growing PayNW from $500K to $8M in annual revenue, Lori has maintained a 96% client retention rate, year over year. She is a talented leader, with extensive experience in payroll, Human Capital Management, Employee Retention Credit (ERC) efforts, and more. Lori was elected to the board of the Independent Payroll Processors Association in 2021 and is a Puget Sound Business Journal 40 Under 40 honoree. She is a mom of three and has been happily married for the past 20 years.