reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.120 - Violations—Citations.

RCW 49.17.120
Violations—Citations.
(1) If upon inspection or investigation the director or his or her authorized representative believes that an employer has violated a requirement of RCW 49.17.060, or any safety or health standard promulgated by rule adopted by the director, or the conditions of any order granting a variance pursuant to this chapter, the director shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provisions of the statute, standard, rule, regulation, or order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation.
(2) The director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health.
(3) Each citation, or a copy or copies thereof, issued under the authority of this section and RCW 49.17.130 shall be prominently posted, at or near each place a violation referred to in the citation occurred or as may otherwise be prescribed in regulations issued by the director. The director shall provide by rule for procedures to be followed by an employee representative upon written application to receive copies of citations and notices issued to any employer having employees who are represented by such employee representative. Such rule may prescribe the form of such application, the time for renewal of applications, and the eligibility of the applicant to receive copies of citations and notices.
(4) No citation may be issued under this section or RCW 49.17.130 after the expiration of six months following a compliance inspection, investigation, or survey revealing any such violation.
(5)(a) No citation may be issued under this section if there is unpreventable employee misconduct that led to the violation, but the employer must show the existence of:
(i) A thorough safety program, including work rules, training, and equipment designed to prevent the violation;
(ii) Adequate communication of these rules to employees;
(iii) Steps to discover and correct violations of its safety rules; and
(iv) Effective enforcement of its safety program as written in practice and not just in theory.
(b) This subsection (5) does not eliminate or modify any other defenses that may exist to a citation.
[ 1999 c 93 § 1; 1973 c 80 § 12.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.170 - Injunctions—Temporary restraining orders.

RCW 49.17.170
Injunctions—Temporary restraining orders.
(1) In addition to and after having invoked the powers of restraint vested in the director as provided in RCW 49.17.130 the superior courts of the state of Washington shall have jurisdiction upon petition of the director, through the attorney general, to enjoin any condition or practice in any workplace from which there is a substantial probability that death or serious physical harm could result to any employee immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such danger and prohibit the employment or presence of any individual in locations or under conditions where such danger exists, except individuals whose presence is necessary to avoid, correct, or remove such danger or to maintain the capacity of a continuous process operation to resume normal operation without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.
(2) Upon the filing of any such petition the superior courts of the state of Washington shall have jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of enforcement proceedings pursuant to this chapter, except that no temporary restraining order issued without notice shall be effective for a period longer than five working days.
(3) Whenever and as soon as any authorized representative of the director concludes that a condition or practice described in subsection (1) exists in any workplace, he or she shall inform the affected employees and employers of the danger and may recommend to the director that relief be sought under this section.
(4) If the director arbitrarily or capriciously fails to invoke his or her restraining authority under RCW 49.17.130 or fails to seek relief under this section, any employee who may be injured by reason of such failure, or the representative of such employees, may bring an action against the director in the superior court for the county in which the danger is alleged to exist for a writ of mandamus to compel the director to seek such an order and for such further relief as may be appropriate or seek the director to exercise his or her restraining authority under RCW 49.17.130.
[ 2010 c 8 § 12014; 1973 c 80 § 17.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.200 - Confidentiality—Trade secrets.

RCW 49.17.200
Confidentiality—Trade secrets.
All information reported to or otherwise obtained by the director, or his or her authorized representative, in connection with any inspection or proceeding under the authority of this chapter, which contains or which might reveal a trade secret shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out this chapter, or when relevant in any proceeding under this chapter. In any such proceeding the director, the board of industrial insurance appeals, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.
[ 2010 c 8 § 12017; 1973 c 80 § 20.]
NOTES:
Uniform trade secrets act: Chapter 19.108 RCW.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.210 - Research, experiments, and demonstrations for safety purposes—Confidentiality of information—Variances.

RCW 49.17.210
Research, experiments, and demonstrations for safety purposes—Confidentiality of information—Variances.
The director is authorized to conduct, either directly or by grant or contract, research, experiments, and demonstrations as may be of aid and assistance in the furtherance of the objects and purposes of this chapter. Employer identity, employee identity, and personal identifiers of voluntary participants in research, experiments, and demonstrations shall be deemed confidential and shall not be open to public inspection. Information obtained from such voluntary activities shall not be deemed to be medical information for the purpose of RCW 51.36.060 and shall be deemed confidential and shall not be open to public inspection. The director, in his or her discretion, is authorized to grant a variance from any rule or regulation or portion thereof, whenever he or she determines that such variance is necessary to permit an employer to participate in an experiment approved by the director, and the experiment is designed to demonstrate or validate new and improved techniques to safeguard the health or safety of employees. Any such variance shall require that all due regard be given to the health and safety of all employees participating in any experiment.
[ 1991 c 89 § 1; 1973 c 80 § 21.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.220 - Records—Reports—Notice to employee exposed to harmful materials.

RCW 49.17.220
Records—Reports—Notice to employee exposed to harmful materials.
(1) Each employer shall make, keep, and preserve, and make available to the director such records regarding his or her activities relating to this chapter as the director may prescribe by regulation as necessary or appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this section such regulations may include provisions requiring employers to conduct periodic inspections. The director shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable safety and health standards.
(2) The director shall prescribe regulations requiring employers to maintain accurate records, and to make periodic reports of work-related deaths, and of injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.
(3) The director shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provisions for each employee or former employee to have access to such records as will indicate his or her own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by any applicable safety and health standard promulgated under this chapter and shall inform any employee who is being thus exposed of the corrective action being taken.
[ 2010 c 8 § 12018; 1973 c 80 § 22.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.230 - Compliance with federal act—Agreements and acceptance of grants authorized.

RCW 49.17.230
Compliance with federal act—Agreements and acceptance of grants authorized.
The director is authorized to adopt by rule any provision reasonably necessary to enable this state to qualify a state plan under section 18 of the Occupational Safety and Health Act of 1970 (Public Law 91-596, 84 Stat. 1590) to enable this state to assume the responsibility for the development and enforcement of occupational safety and health standards in all workplaces within this state subject to the legislative jurisdiction of the state of Washington. The director is authorized to enter into agreement with the United States and to accept on behalf of the state of Washington grants of funds to implement the development and enforcement of this chapter and the Occupational Safety and Health Act of 1970.
[ 1973 c 80 § 23.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.240 - Safety and health standards.

RCW 49.17.240
Safety and health standards.
(1) The director in the promulgation of rules under the authority of this chapter shall establish safety and health standards for conditions of employment of general and/or specific applicability for all industries, businesses, occupations, crafts, trades, and employments subject to the provisions of this chapter, or those that are a national or accepted federal standard. In adopting safety and health standards for conditions of employment, the director shall solicit and give due regard to all recommendations by any employer, employee, or labor representative of employees.
(2) Any safety and health standard adopted by rule of the director shall, where appropriate, prescribe the use of labels or other forms of warning to insure that employees are apprised of all hazards to which they may be exposed, relevant symptoms, and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. Where appropriate, such rules shall so prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be reasonably necessary for the protection of employees. In addition, where appropriate, any such rule shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his or her cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. In the event that such medical examinations are in the nature of research, as determined by the director, such examinations may be furnished at the expense of the department. The results of such examinations or tests shall be furnished only to the director, other appropriate agencies of government, and at the request of the employee to his or her physician.
(3) Whenever the director adopts by rule any safety and health standard he or she may at the same time provide by rule the effective date of such standard which shall not be less than thirty days, excepting emergency rules, but may be made effective at such time in excess of thirty days from the date of adoption as specified in any rule adopting a safety and health standard. Any rule not made effective thirty days after adoption, having a delayed effectiveness in excess of thirty days, may only be made upon a finding made by the director that such delayed effectiveness of the rule is reasonably necessary to afford the affected employers a reasonable opportunity to make changes in methods, means, or practices to meet the requirements of the adopted rule. Temporary orders granting a variance may be utilized by the director in lieu of the delayed effectiveness in the adoption of any rule.
[ 2010 c 8 § 12019; 1973 c 80 § 24.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.243 - Safety and health investment projects—Grants or contracts—Rules.

RCW 49.17.243
Safety and health investment projects—Grants or contracts—Rules.
(1) The director is authorized to provide funding from the medical aid fund established under RCW 51.44.020, by grant or contract, for safety and health investment projects for workplaces insured for workers' compensation through the department's state fund. This shall include projects to: Prevent workplace injuries, illnesses, and fatalities; create early return-to-work programs; and reduce long-term disability through the cooperation of employers and employees or their representatives.
(2) Awards may be granted to organizations such as, but not limited to, trade associations, business associations, employers, employees, labor unions, employee organizations, joint labor and management groups, and educational institutions in collaboration with state fund employer and employee representatives.
(3) Awards may not be used for lobbying or political activities; supporting, opposing, or developing legislative or regulatory initiatives; any activity not designed to reduce workplace injuries, illnesses, or fatalities; or reimbursing employers for the normal costs of complying with safety and health rules.
(4) Funds for awards shall be distributed as follows: At least twenty-five percent for projects designed to develop and implement innovative and effective return-to-work programs for injured workers; at least twenty-five percent for projects that specifically address the needs of small businesses; and at least fifty percent for projects that foster workplace injury and illness prevention by addressing priorities identified by the department in cooperation with the Washington industrial safety and health act advisory committee and the workers' compensation advisory committee.
(5) The department shall adopt rules as necessary to implement this section.
[ 2011 1st sp.s. c 37 § 501.]
NOTES:
Finding—Effective date—2011 1st sp.s. c 37: See notes following RCW 51.32.090.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.260 - Statistics—Investigations—Reports.

RCW 49.17.260
Statistics—Investigations—Reports.
In furtherance of the objects and purposes of this chapter, the director shall develop and maintain an effective program of collection, compilation, and analysis of industrial safety and health statistics. The director, or his or her authorized representative, shall investigate and analyze industrial catastrophes, serious injuries, and fatalities occurring in any workplace subject to this chapter, in an effort to ascertain whether such injury or fatality occurred as the result of a violation of this chapter, or any safety and health standard, rule, or order promulgated pursuant to this chapter, or if not, whether a safety and health standard or rule should be promulgated for application to such circumstances. The director shall adopt rules relating to the conducting and reporting of such investigations. Such investigative report shall be deemed confidential and only available upon order of the superior court after notice to the director and an opportunity for hearing: PROVIDED, That such investigative reports shall be made available without the necessity of obtaining a court order, to employees of governmental agencies in the performance of their official duties, to the injured worker or his or her legal representative or his or her labor organization representative, or to the legal representative or labor organization representative of a deceased worker who was the subject of an investigation, or to the employer of the injured or deceased worker or any other employer or person whose actions or business operation is the subject of the report of investigation, or any attorney representing a party in any pending legal action in which an investigative report constitutes relevant and material evidence in such legal action.
[ 2010 c 8 § 12020; 1973 c 80 § 26.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.270 - Administration of chapter.

RCW 49.17.270
Administration of chapter.
The department shall be the sole and paramount administrative agency responsible for the administration of the provisions of this chapter, and any other agency of the state or any municipal corporation or political subdivision of the state having administrative authority over the inspection, survey, investigation, or any regulatory or enforcement authority of safety and health standards related to the health and safety of employees in any workplace subject to this chapter, shall be required, notwithstanding any statute to the contrary, to exercise such authority as provided in this chapter and subject to interagency agreement or agreements with the department made under the authority of the interlocal cooperation act (chapter 39.34 RCW) relative to the procedures to be followed in the enforcement of this chapter: PROVIDED, That in relation to employers using or possessing sources of ionizing radiation the department of labor and industries and the department of social and health services shall agree upon mutual policies, rules, and regulations compatible with policies, rules, and regulations adopted pursuant to chapter 70A.388 RCW insofar as such policies, rules, and regulations are not inconsistent with the provisions of this chapter.
[ 2021 c 65 § 56; 1973 c 80 § 27.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.285 - Medical monitoring—Records on covered pesticides—Reports.

RCW 49.17.285
Medical monitoring—Records on covered pesticides—Reports.
Employers whose employees receive medical monitoring under chapter 296-307 WAC, Part J-1, shall submit records to the department of labor and industries each month indicating the name of each worker tested, the number of hours that each worker handled covered pesticides during the thirty days prior to testing, and the number of hours that each worker handled covered pesticides during the current calendar year. The department of labor and industries shall work with the department of health to correlate this data with each employee's test results. No later than January 1, 2005, the department of labor and industries shall require employers to report this data to the physician or other licensed health care professional and department of health public health laboratory or other approved laboratory when each employee's cholinesterase test is taken. The department shall also require employers to provide each employee who receives medical monitoring with: (1) A copy of the data that the employer reports for that employee upon that employee's request; and (2) access to the records on which the employer's report is based.
[ 2004 c 272 § 1.]
NOTES:
Effective date—2004 c 272: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 2004]." [ 2004 c 272 § 4.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.288 - Cholinesterase monitoring—Reports.

RCW 49.17.288
Cholinesterase monitoring—Reports.
By January 1, 2005, January 1, 2006, and January 1, 2007, the department of labor and industries shall report the results of its data collection, correlation, and analysis related to cholinesterase monitoring to the house of representatives committees on agriculture and natural resources and commerce and labor, or their successor committees, and the senate committees on agriculture and commerce and trade, or their successor committees. These reports shall also identify any technical issues regarding the testing of cholinesterase levels or the administration of cholinesterase monitoring.
[ 2004 c 272 § 2.]
NOTES:
Effective date—2004 c 272: See note following RCW 49.17.285.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.300 - Temporary worker housing—Electricity—Storage, handling, preparation of food—Rules.

RCW 49.17.300
Temporary worker housing—Electricity—Storage, handling, preparation of food—Rules.
By December 1, 1998, the department of labor and industries shall adopt rules requiring electricity in all temporary worker housing and establishing minimum requirements to ensure the safe storage, handling, and preparation of food in these camps, regardless of whether individual or common cooking facilities are in use.
[ 1998 c 37 § 3.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.310 - Temporary worker housing—Licensing, operation, and inspection—Rules—Definition.

RCW 49.17.310
Temporary worker housing—Licensing, operation, and inspection—Rules—Definition.
The department and the department of health shall adopt joint rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. For the purposes of this section "temporary worker housing" has the same meaning as given in RCW 70.114A.020.
[ 1999 c 374 § 2.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.320 - Temporary worker housing operation standards—Departments' agreement—Enforcement—Definition.

RCW 49.17.320
Temporary worker housing operation standards—Departments' agreement—Enforcement—Definition.
By December 1, 1999, the department and the department of health shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards.
The agreement shall, to the extent feasible, provide for inspection and enforcement actions by a single agency, and shall include measures to avoid multiple citations for the same violation.
For the purposes of this section, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020.
[ 1999 c 374 § 4.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.410 - Construction crane safety—Application.

RCW 49.17.410
Construction crane safety—Application.
(1) RCW 49.17.400 through 49.17.430 apply to cranes used with or without attachments.
(2) RCW 49.17.400 through 49.17.430 do not apply to:
(a) A crane while it has been converted or adapted for a nonhoisting or nonlifting use including, but not limited to, power shovels, excavators, and concrete pumps;
(b) Power shovels, excavators, wheel loaders, backhoes, loader backhoes, and track loaders when used with or without chains, slings, or other rigging to lift suspended loads;
(c) Automotive wreckers and tow trucks when used to clear wrecks and haul vehicles;
(d) Service trucks with mobile lifting devices designed specifically for use in the power line and electric service industries, such as digger derricks (radial boom derricks), when used in the power line and electric service industries for auguring holes to set power and utility poles, or handling associated materials to be installed or removed from utility poles;
(e) Equipment originally designed as vehicle-mounted aerial devices (for lifting personnel) and self-propelled elevating work platforms;
(f) Hydraulic jacking systems, including telescopic/hydraulic gantries;
(g) Stacker cranes;
(h) Powered industrial trucks (forklifts);
(i) Mechanic's truck with a hoisting device when used in activities related to equipment maintenance and repair;
(j) Equipment that hoists by using a come-along or chainfall;
(k) Dedicated drilling rigs;
(l) Gin poles used for the erection of communication towers;
(m) Tree trimming and tree removal work;
(n) Anchor handling with a vessel or barge using an affixed A-frame;
(o) Roustabouts;
(p) Cranes used on-site in manufacturing facilities or powerhouses for occasional or routine maintenance and repair work; and
(q) Crane operators operating cranes on-site in manufacturing facilities or powerhouses for occasional or routine maintenance and repair work.
[ 2007 c 27 § 3.]
NOTES:
Intent—Effective date—2007 c 27: See notes following RCW 49.17.400.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.440 - Construction crane safety—Rules—Implementation.

RCW 49.17.440
Construction crane safety—Rules—Implementation.
The department of labor and industries shall adopt rules necessary to implement RCW 49.17.400 through 49.17.430.
[ 2007 c 27 § 6.]
NOTES:
Intent—Effective date—2007 c 27: See notes following RCW 49.17.400.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.460 - Definitions.

RCW 49.17.460
Definitions.
The definitions in this section apply throughout RCW 49.17.465, this section, and section 1, chapter 39, Laws of 2011 unless the context clearly requires otherwise.
(1) "Antineoplastic drug" means a chemotherapeutic agent that controls or kills cancer cells.
(2) "Hazardous drugs" means any drug identified by the national institute for occupational safety and health at the centers for disease control or any drug that meets at least one of the following six criteria: Carcinogenicity, teratogenicity or developmental toxicity, reproductive toxicity in humans, organ toxicity at low doses in humans or animals, genotoxicity, or new drugs that mimic existing hazardous drugs in structure or toxicity.
[ 2011 c 39 § 2.]
NOTES:
Declaration—Intent—2011 c 39: "The legislature declares that health care personnel who work with or near hazardous drugs in health care settings may be exposed to these agents in the air, on work surfaces, clothing, and medical equipment or through patient contact. According to the national institute for occupational safety and health (NIOSH), early concerns about occupational exposure to antineoplastic drugs first appeared in the 1970s. Antineoplastic and other hazardous drugs may cause skin rashes, infertility, miscarriage, birth defects, and have been linked to a wide variety of cancers. The national institute for occupational safety and health published an alert on preventing occupational exposures to antineoplastic and other hazardous drugs in health care settings in 2004 with an update in 2010. In this alert, the institute "presents a standard precautions or universal precautions approach to handling hazardous drugs safely: that is, NIOSH recommends that all hazardous drugs be handled as outlined in this Alert." It is the intent of the legislature to require health care facilities to follow rules requiring compliance with all aspects of the institute's alert regardless of the setting in order to protect health care personnel from hazardous exposure to such drugs." [ 2011 c 39 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.465 - Handling hazardous drugs—Health care facilities—Rules.

RCW 49.17.465
Handling hazardous drugs—Health care facilities—Rules.
The director of labor and industries shall adopt by rule requirements for the handling of antineoplastic and other hazardous drugs in health care facilities regardless of the setting. Rule making under this section shall consider input from hospitals, organizations representing health care personnel, other stakeholders and shall consider reasonable time for facilities to implement new requirements. The rules will be consistent with and not exceed provisions adopted by the national institute for occupational safety and health's 2004 alert on preventing occupational exposures to antineoplastic and other hazardous drugs in health care settings as updated in 2010. The department's adoption of the rules may incorporate updates and changes to the institute's guidelines as made by the centers for disease control and prevention. Enforcement of these requirements will be according to all provisions in this chapter.
[ 2011 c 39 § 3.]
NOTES:
Declaration—Intent—2011 c 39: See note following RCW 49.17.460.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.480 - Asbestos plan requirements in RCW 70A.450.070(1)(b)—Penalties.

RCW 49.17.480
Asbestos plan requirements in RCW 70A.450.070(1)(b)—Penalties.
(1) The asbestos plan requirements in RCW 70A.450.070(1)(b) are an industrial health or safety standard adopted under the authority of this chapter.
(2) A violation of the requirements of RCW 70A.450.070(1)(b) is subject to the penalties established under RCW 49.17.180 and 49.17.190 for violations of safety or health standards adopted under the authority of this chapter.
[ 2020 c 100 § 4.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.485 - Personal protective devices and equipment—Public health emergency.

RCW 49.17.485
Personal protective devices and equipment—Public health emergency.
(1) The requirements of this section apply only during a public health emergency. For the purposes of this section, "public health emergency" means a declaration or order relating to controlling and preventing the spread of any infectious or contagious disease that covers the jurisdiction where the individual or business performs work, and is issued as follows:
(a) The president of the United States has declared a national or regional emergency;
(b) The governor has declared a state of emergency under RCW 43.06.010(12); or
(c) An order has been issued by a local health officer under RCW 70.05.070.
(2) Every employer who does not require employees or contractors to wear a specific type of personal protective equipment must accommodate its employee's or contractor's voluntary use of that specific type of protective device or equipment, including gloves, goggles, face shields, and face masks, as the employee or contractor deems necessary.
(3) The provisions of subsection (2) of this section applies only when:
(a) The voluntary use of these protective devices and equipment does not introduce hazards to the work environment and is consistent with the provisions of this chapter and corresponding rules established by the department as of April 26, 2021;
(b) The use of facial coverings does not interfere with an employer's security requirements; and
(c) The voluntary use of these protective devices and equipment does not conflict with standards for that specific type of equipment established by the department of health or the department.
(4) An employer may verify that voluntary use of personal protective equipment meets all regulatory requirements for workplace health and safety.
(5) An employer may not apply to the director of the department, under RCW 49.17.080, for a temporary order granting a variance from this subsection.
[ 2021 c 146 § 1.]
NOTES:
Effective date—2021 c 146: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 2021]." [ 2021 c 146 § 2.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.500 - Adoption of policies requiring the use of a smoke evacuation system during a surgical procedure.

RCW 49.17.500
Adoption of policies requiring the use of a smoke evacuation system during a surgical procedure. (Effective January 1, 2024.)
(1) A health care employer shall adopt policies that require the use of a smoke evacuation system during any planned surgical procedure that is likely to generate surgical smoke which would otherwise make contact with the eyes or respiratory tract of the occupants of the room.
(2) The health care employer may select any smoke evacuation system that accounts for surgical techniques and procedures vital to patient safety and that takes into account employee safety.
(3) The department shall ensure compliance with this section during any on-site inspection.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Energy generating device" means a tool that performs a surgical function using heat, laser, electricity, or other form of energy.
(b) "Health care employer" means a hospital, as defined in RCW 70.41.020, or an ambulatory surgical facility, as defined in RCW 70.230.010.
(c) "Smoke evacuation system" means equipment designed to capture and neutralize surgical smoke at the point of origin, before the smoke makes contact with the eyes or the respiratory tract of occupants in the room. Smoke evacuation systems may be integrated with the energy generating device or separate from the energy generating device.
(d) "Surgical smoke" means the by-product that results from contact with tissue by an energy generating device.
(5) The department may adopt rules as necessary to administer this section.
[ 2022 c 129 § 1.]
NOTES:
Effective dates—2022 c 129: "This act takes effect January 1, 2024, except that for the following hospitals, this act takes effect January 1, 2025:
(1) Hospitals certified as critical access hospitals under 42 U.S.C. Sec. 1395i-4;
(2) Hospitals with fewer than 25 acute care beds in operation;
(3) Hospitals certified by the centers for medicare and medicaid services as sole community hospitals; and
(4) Hospitals that qualify as a medicare dependent hospital." [ 2022 c 129 § 2.]
Reviser's note: Chapter 129, Laws of 2022 contains two effective dates. Section 2, chapter 129, Laws of 2022 identifies an effective date of January 1, 2024, for the act, and an effective date of January 1, 2025, for the act with respect to certain hospitals as enumerated in that section.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.505 - Surgical smoke evacuation account.

RCW 49.17.505
Surgical smoke evacuation account. (Effective January 1, 2024.)
(1) The surgical smoke evacuation account is created in the custody of the state treasurer. Revenues to the account consist of appropriations and transfers by the legislature and all other funding directed for deposit into the account. Only the director of the department of labor and industries or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Expenditures from the account may be used only for purposes provided in subsection (3) of this section.
(2) By July 1, 2025, the director of the department of labor and industries must certify to the state treasurer the amount of any unobligated moneys in the surgical smoke evacuation account that were appropriated by the legislature from the general fund during the 2023-2025 fiscal biennium, and the treasurer must transfer those moneys back to the general fund.
(3)(a) Subject to the funds available in the surgical smoke evacuation account and beginning January 2, 2025, a hospital described in (b) of this subsection may apply to the department of labor and industries for reimbursement for the costs incurred by the hospital on or before January 1, 2025, to purchase and install smoke evacuation systems as defined in RCW 49.17.500. The reimbursement may not exceed $1,000 for each operating room in the hospital. The reimbursements under this subsection are only available until moneys contained in the account are exhausted.
(b) Only the following hospitals may apply for reimbursement:
(i) Hospitals certified as critical access hospitals under 42 U.S.C. Sec. 1395i-4;
(ii) Hospitals with fewer than 25 acute care beds in operation;
(iii) Hospitals certified by the centers for medicare and medicaid services as sole community hospitals; and
(iv) Hospitals that qualify as a medicare dependent hospital.
(c) The department of labor and industries must determine the process for making an application for reimbursement.
[ 2022 c 129 § 3.]
NOTES:
Effective dates—2022 c 129: See note following RCW 49.17.500.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.510 - High voltage lines and equipment—Automated external defibrillators.

RCW 49.17.510
High voltage lines and equipment—Automated external defibrillators. (Effective January 1, 2025.)
(1) Any employer with employees who operate, maintain, or construct high voltage lines and equipment or who conduct line-clearance tree trimming in close proximity to high voltage lines and equipment shall:
(a) Make an automated external defibrillator available and accessible to employees when work is being performed on, or in close proximity to, high voltage lines and equipment by two or more employees;
(b) Conduct regular maintenance and annual inspections of the automated external defibrillator to ensure operability and availability; and
(c) Provide training or facilitate the provision of training to ensure there are at least two employees proficient on the proper and safe use of the automated external defibrillator at any site involving work on, or in close proximity to, high voltage lines and equipment. To be considered proficient, an employee must have completed initial or updated training within the previous two years.
(2) For the purposes of this section, "high voltage lines and equipment" refers to any energized communication line, electric supply line, or equipment with a voltage of 601 or greater.
[ 2023 c 253 § 1.]
NOTES:
Effective date—2023 c 253: "This act takes effect January 1, 2025." [ 2023 c 253 § 2.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.17 - Washington Industrial Safety and Health Act. › 49.17.525 - Funding for equipment.

RCW 49.17.525
Funding for equipment.
(1) The director is authorized, in the director's discretion, to provide funding to employers to purchase additional equipment that may be needed to comply with a rule adopted under RCW 49.17.520. The maximum amount of funding each year is two percent of the premiums paid into the accident fund in the prior year from employers subject to a rule adopted under RCW 49.17.520.
(2) Only employers who pay premiums to the state fund as defined in RCW 51.08.175 and are subject to a rule adopted under RCW 49.17.520 are eligible for funding under this section.
(3) An appropriation is not required for these expenditures.
(4) The department may adopt rules to implement this section.
[ 2023 c 112 § 5.]
NOTES:
Findings—Intent—2023 c 112: See note following RCW 49.17.520.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.19 - Safety—Health Care Settings. › 49.19.005 - Findings—1999 c 377.

RCW 49.19.005
Findings—1999 c 377.
The legislature finds that:
(1) Violence is an escalating problem in many health care settings in this state and across the nation;
(2) Based on an analysis of workers' compensation claims, the department of labor and industries reports that health care employees face the highest rate of workplace violence in Washington state;
(3) The actual incidence of workplace violence in health care settings is likely to be greater than documented because of failure to report or failure to maintain records of incidents that are reported;
(4) Patients, visitors, and health care employees should be assured a reasonably safe and secure environment in health care settings; and
(5) Many health care settings have undertaken efforts to assure that patients, visitors, and employees are safe from violence, but additional personnel training and appropriate safeguards may be needed to prevent workplace violence and minimize the risk and dangers affecting people in health care settings.
[ 1999 c 377 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.19 - Safety—Health Care Settings. › 49.19.010 - Definitions.

RCW 49.19.010
Definitions.
For purposes of this chapter:
(1) "Health care setting" means:
(a) Hospitals as defined in RCW 70.41.020;
(b) Home health, hospice, and home care agencies under chapter 70.127 RCW, subject to RCW 49.19.070;
(c) Evaluation and treatment facilities as defined in RCW 71.05.020;
(d) Behavioral health programs as defined in RCW 71.24.025; and
(e) Ambulatory surgical facilities as defined in RCW 70.230.010.
(2) "Department" means the department of labor and industries.
(3) "Employee" means an employee as defined in RCW 49.17.020.
(4) "Workplace violence," "violence," or "violent act" means any physical assault or verbal threat of physical assault against an employee of a health care setting on the property of the health care setting. "Workplace violence," "violence," or "violent act" includes any physical assault or verbal threat of physical assault involving the use of a weapon, including a firearm as defined in RCW 9.41.010, or a common object used as a weapon, regardless of whether the use of a weapon resulted in an injury.
[ 2019 c 430 § 1. Prior: 2007 c 414 § 3; 2007 c 375 § 10; 2000 c 94 § 18; 1999 c 377 § 2.]
NOTES:
Effective date—2019 c 430: "This act takes effect January 1, 2020." [ 2019 c 430 § 5.]
Findings—Purpose—Construction—Severability—2007 c 375: See notes following RCW 10.31.110.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.19 - Safety—Health Care Settings. › 49.19.020 - Workplace violence plan—Security and safety assessment.

RCW 49.19.020
Workplace violence plan—Security and safety assessment.
(1) Every three years, each health care setting shall develop and implement a plan to prevent and protect employees from violence at the setting. In a health care setting with a safety committee established pursuant to RCW 49.17.050 and related rules, or workplace violence committee that is comprised of employee-elected and employer-selected members where the number of employee-elected members equal or exceed the number of employer-selected members, that committee shall develop, implement, and monitor progress on the plan.
(2) The plan developed under subsection (1) of this section shall outline strategies aimed at addressing security considerations and factors that may contribute to or prevent the risk of violence, including but not limited to the following:
(a) The physical attributes of the health care setting, including security systems, alarms, emergency response, and security personnel available;
(b) Staffing, including staffing patterns, patient classifications, and procedures to mitigate employees time spent alone working in areas at high risk for workplace violence;
(c) Job design, equipment, and facilities;
(d) First aid and emergency procedures;
(e) The reporting of violent acts;
(f) Employee education and training requirements and implementation strategy;
(g) Security risks associated with specific units, areas of the facility with uncontrolled access, late night or early morning shifts, and employee security in areas surrounding the facility such as employee parking areas; and
(h) Processes and expected interventions to provide assistance to an employee directly affected by a violent act.
(2) [(3)] Each health care setting shall annually review the frequency of incidents of workplace violence including identification of the causes for and consequences of, violent acts at the setting and any emerging issues that contribute to workplace violence. The health care setting shall adjust the plan developed under subsection (1) of this section as necessary based on this annual review.
(3) [(4)] In developing the plan required by subsection (1) of this section, the health care setting shall consider any guidelines on violence in the workplace or in health care settings issued by the department of health, the department of social and health services, the department of labor and industries, the federal occupational safety and health administration, medicare, and health care setting accrediting organizations.
[ 2019 c 430 § 2; 1999 c 377 § 3.]
NOTES:
Effective date—2019 c 430: See note following RCW 49.19.010.