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Ex. AGY-ST-LABOR-WORKPLACE-061 Order Primary source read

Emergency rules WAC 296-62-600 through 296-62-60005 (public health emergency reporting and notification) and WAC 296-800-16080 (voluntary PPE), CR-103E Rule-making Order AO21-31 (adopted Aug. 10, 2021)

CR-103E: Public health emergency reporting and notification requirements for infectious and contagious disease (HELSA implementation): employers with 50 or more employees at a workplace must report 10 or more test-confirmed cases to L&I within 24 hours; employers must notify employees of potential exposure; voluntary PPE accommodation

Department of Labor and Industries · Washington; Department of Labor and Industries (Sector regulator)

The COVID Project

The record

Jurisdiction
Washington; Department of Labor and Industries · Washington
Level
Sector regulator
Authority
RCW 49.17.010,.040,.050,.060; ESSB 5115; SSB 5254
Issued
2021-08-10 Aug. 10, 2021
Effective
2021-08-10 (immediately upon filing) (read as 2021-08-10)
End
Readopted and made permanent thereafter; applicable for the duration of the COVID-19 public health emergency (read as 2021-09-30)
In force
Aug. 10, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Workplace rulesQuarantine and isolationOther
Addressees
  • every Washington employer (notification duties); employers with 50 or more covered employees at a workplace or worksite (outbreak reporting)
Functions reached
  • EMP
  • HR (24-hour outbreak reporting, exposure notification in employees' languages, PPE accommodation)
  • WF (workers' compensation presumption for frontline employees under RCW 51.32.181)
  • OP administration
Collection
State labor and workplace-safety agencies AGY-ST-LABOR-WORKPLACE

Operative words

Purpose: The Department of Labor & Industries (L&I) is responding to the 2021 passage of Substitute Senate Bill 5254 (SSB 5254) regarding voluntary use of personal protective equipment (PPE) during a state of emergency, and Engrossed Substitute Senate Bill 5115 (ESSB 5115), also known as the Health Emergency Labor Standards Act (HELSA). This rulemaking creates new sections of WAC, regarding public health emergency reporting and notification requirements for infectious and contagious disease. The emergency rule includes requirements for when there is a public health emergency for an infectious or contagious disease and as such, the requirements are applicable to COVID-19. Under the emergency rule: Employers with 50 or more covered employees at a workplace or worksite are required to report infectious or contagious [disease outbreaks to L&I within 24 hours].

Enforcement

RCW 49.17.180 citations and penalties; RCW 49.17.062-.064 anti-discrimination protections

Notes

A Q3 2021 instrument adopted Aug. 10, 2021 and in force on Sept. 30, 2021; reached every Washington employer. Rule text is Ex. 080; the enacting statute's legislative summary is Ex. 008.