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The Department of Labor & Industries (L&I) continues to respond to the 2021 passage of Substitute Senate Bill 5254 (SSB 5254), codified as RCW 49.17.485, 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) and codified as RCWs 49.17.062 and 49.17.064. This rulemaking maintains requirements under new sections of chapter 296-62 WAC regarding public health emergency related reporting and notification requirements for infectious and contagious disease, the requirements are applicable to COVID-19.
This emergency rule supersedes WSR 22-09-033 filed on April 6, 2022.
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 more than 50 covered employees at a workplace or worksite are required to report infectious or contagious disease outbreaks of 10 or more employees to L&I;
- Several definitions were added and/or simplified for implementation;
- Employees are not required to disclose any medical condition or diagnosis to their employer;
- Employers are required to notify employees in writing of potential exposures within one business day; and
- Employees and contractors must be permitted to voluntarily use personal protective equipment.
In order to meet the requirements of ESSB 5115, also known as the Health Emergency Labor Standards Act, L&I must include notification requirements for health care facilities as defined in RCW 9A.50.010.
- Employers must notify any employee, as well as their union representative (if any), with known or suspected high-risk exposure to the infectious or contagious disease within 24 hours;
- Period of transmission/isolation requirements have been simplified; and
- Requirements for how employees are notified of potential high-risk exposure are clarified.
COVID-19 continues to be recognized as a very serious workplace hazard and until permanent rulemaking for infectious and contagious diseases is adopted, this temporary measure will help to reduce the transmission of this disease in the workplace.
L&I filed a Preproposal Statement of Inquiry (CR-101) on May 13, 2021, WSR 21-11-051, regarding permanent amendments to existing permanent rules to address hazards from COVID-19 or other outbreaks of infectious or contagious diseases. Some parts of the emergency rule will be considered for permanent rulemaking.
The links below provide additional information about this rulemaking:
CR-103E Emergency Adoption
WSR 22-17-009
Adoption Language
WAC 296-62-601 through WAC 296-62-609
Please contact Dr. Nicholas Reul with any technical questions regarding this rulemaking project.
Please contact Carmyn Shute with any process questions about this rulemaking project.
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