Not waiting for guidance from federal authorities, Washington’s Department of Labor & Industries (L&I) has issued emergency rules to implement two new state pandemic-readiness laws: Health Emergency Labor Standards Act (HELSA) (formerly, ESSB 5115; now, RCW 49.17.062-.064) and Voluntary Personal Protective Equipment (PPE) Usage (SSB 5254).

One of the most expansive pandemic worker-protection laws in the country, HELSA establishes a rebuttable presumption of workers’ compensation coverage for workplace transmission of certain diseases for “frontline employees,” creates notice and rapid reporting requirements for some workplace exposures, and increases protections for “high-risk” workers.

The new emergency rules are found at WAC 296-62-600 (HELSA) and WAC 296-62-601 (PPE).

In general, the rules:

• Provide that employers with more than 50 covered employees at a workplace or worksite are required to report to L&I any infectious or contagious disease outbreaks of at least 10 employees;

• Define terms in HELSA and the PPE law;

• Confirm that employees are not required to disclose any medical condition or diagnosis to their employer;

• Except for certain healthcare employers, require employers to notify employees in writing of potential exposures within one business day; and

• Permit employees and contractors to voluntarily use personal protective equipment not otherwise required by an employer, unless doing so:

  • Introduces hazards to the work environment;

  • Involves facial coverings that interfere with an employer’s security requirements; or

  • Conflicts with standards for the specific type of equipment used.

For more details, see our article, Washington Passes Two New Laws to Prepare for the Next Pandemic.