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:
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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;
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Define terms in HELSA and the PPE law;
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Confirm that employees are not required to disclose any medical condition or diagnosis to their employer;
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Except for certain healthcare employers, require employers to notify employees in writing of potential exposures within one business day; and
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Permit employees and contractors to voluntarily use personal protective equipment not otherwise required by an employer, unless doing so:
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Introduces hazards to the work environment;
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Involves facial coverings that interfere with an employer’s security requirements; or
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Conflicts with standards for the specific type of equipment used.
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For more details, see our article, Washington Passes Two New Laws to Prepare for the Next Pandemic.