The COVID Project
The record
- Jurisdiction
- Washington
- Level
- State
- Authority
- Washington Industrial Safety and Health Act of 1973 (WISHA), chapter 49.17 RCW; State OSHA plan approved under 29 U.S.C. § 667
- Issued
- 2021-05-11 May 11, 2021
- Effective
- standing (HELSA sections from their 2021 effective date) (read as 2021-05-11)
- End
- standing (read as 2021-09-30)
- In force
- Standing since May 11, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesQuarantine and isolationStanding duty
- Addressees
- employers (every employer in Washington)
- Character
- workplace duty
- Collection
- Standing duties: Washington DUT-WA
Operative words
Each employer: (1) Shall furnish to each of his or her employees a place of employment free from recognized hazards that are causing or likely to cause serious injury or death to his or her employees...; and (2) Shall comply with the rules, regulations, and orders promulgated under this chapter.
Penalty
Civil penalties: not to exceed $7,000 per serious violation, $7,000 per day for failure to abate, not to exceed $70,000 per willful or repeated violation with a $5,000 minimum for a willful violation (RCW 49.17.180(1)-(4)); criminal: willful and knowing violation causing death, gross misdemeanor, fine to $100,000 ($200,000 second conviction) and imprisonment (RCW 49.17.190(3))
What it required
Every Washington employer must furnish a workplace free from recognized hazards and comply with every L&I rule and order (including WAC 296-800-14035 and the proclamation conditions it adopted); from 2021, must give written notice of potential COVID-19 exposure within one business day (RCW 49.17.064) and, with more than 50 employees at a worksite, report 10 or more positive tests to L&I within 24 hours (RCW 49.17.062).
Retrieval noteFull chapter as currently codified (includes the 2021 HELSA sections). RCW 49.17.060(1) proviso: no citation solely under the general duty where an applicable rule exists; L&I therefore cited WAC 296-800-14035, 296-800-11005/11045 and 296-800-140. HELSA bill summary already held as Ex. AGY-ST-LABOR-WORKPLACE-008 (its filename says ch. 251; the codified history note reads 2021 c 252); implementing emergency rules WAC 296-62-600 held as Ex. AGY-ST-LABOR-WORKPLACE-061.