title: RCW 49.12.390

text:
(1)(a) If the director, or the director's designee, finds that an employer has violated any of the requirements of RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, a citation and notice of assessment stating the violations shall be issued to the employer. The citation and notice of assessment shall be in writing, describing the nature of the violation including reference to the standards, rules, or orders alleged to have been violated. The citation and penalty assessment must be given to the highest management official available at the workplace or sent using an electronic or nonelectronic method to the employer at the workplace. In addition, the department shall send, using an electronic or nonelectronic method, a copy of the citation and penalty assessment to the central personnel office of the employer. Before using an electronic method for the first time under this subsection, the department must provide the employer the option to receive communication through a nonelectronic method. Citations issued under this section must be posted at or near the place where the violation occurred.
(b) A first-time citation for failure to obtain a minor work permit or parental or school authorization, for failure to maintain records, or for a violation deemed nonserious by the department must state a specific and reasonable time for abatement of the violation to allow the employer to correct the violation. The department may waive or reduce a civil penalty assessed for a first-time violation under this subsection if the director determines that the employer has taken corrective action to resolve the violation.
(c) The employer must be assessed a civil penalty as follows:
(i) No less than $100 and no more than $1,000 for each violation involving failure to obtain a minor work permit or parental or school authorization, for failure to maintain records, or for each other nonserious violation;
(ii) No less than $150 and no more than $1,000 for each violation involving failure to comply with hours of work requirements;
(iii) No less than $300 and no more than $1,000 for each violation involving failure to comply with meal break or rest break requirements;
(iv) No less than $1,000 for each violation involving failure to comply with prohibited duty requirements, variance conditions, or minimum wage requirements for minors, or for each other serious violation, except the civil penalty may be no less than $2,000 for each violation in a second or subsequent citation for any of these violations identified in this subsection (1)(c)(iv);
(v) No less than $15,000 for any violation resulting in the serious physical harm of a minor, which may be doubled where the violation is a willful violation or a repeated violation; and
(vi) No less than $71,000 for any violation resulting in the death of a minor, which may be doubled where the violation is a willful violation or a repeated violation.
(d) If the director, or the director's designee, finds that an employer has committed a serious or repeated violation of the requirements of RCW 49.12.121 or 49.12.123, or any rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, the employer is subject to an additional civil penalty assessment of a maximum of $5,000 for each subsequent day the violation continues. For the purposes of this subsection (1)(d), a serious violation shall be deemed to exist if death or serious physical harm has resulted or is imminent from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
(e) The department shall consider the following factors when determining the amount of any penalty assessment under this section: (i) Whether the violation was committed willfully or the violation is a repeat violation; (ii) the size of the employer; (iii) the age of the minor; (iv) the gravity of the violation; (v) the hazards created by the violation; (vi) the penalties for comparable violations under federal law; (vii) the penalty amount necessary to deter future noncompliance; (viii) ensuring the penalty amount is consistent with the purposes of this chapter; and (ix) any other factor warranting an adjustment in the penalty as deemed appropriate by the department.
(f) Beginning July 1, 2027, and every two years thereafter, the department shall adjust by rule the amounts in (c) and (d) of this subsection for inflation by calculating to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index.
(2) The employer shall pay the amount assessed under this section within 30 days of receipt of the penalty assessment or notify the director of the employer's intent to appeal the citation or the penalty assessment as provided in RCW 49.12.400. If an employer fails to pay an assessment under this section after it has become a final and unappealable order, or after the court has entered final judgment in favor of the department, the director may initiate collection procedures in accordance with RCW 49.48.086.
(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or director's designee, believes that an employer has violated RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace. An order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove the danger and may prohibit the presence of a minor in locations or under conditions where the danger exists.
(4)(a) The director or the director's designee shall revoke an employer's minor work permit and prohibit the employer from obtaining a minor work permit for no less than 12 months if:
(i) The employer has been issued a safety and health citation under RCW 49.17.120 containing one or more violations under RCW 49.17.180 (1), (2), (4), or (5) or any citation and notice of assessment containing one or more violations of RCW 49.12.121 or 49.12.123 or any applicable rule or order, where one or more of the violations caused serious physical harm or death to a minor; or
(ii) An order has been issued immediately restraining an employer's condition, practice, method, process, or means in the workplace pursuant to subsection (3) of this section or RCW 49.17.130 or 49.17.170.
(b) Following a revocation under this subsection, a minor work permit may not be reissued to an employer unless the employer has not been issued a citation for any violations of the provisions identified in (a)(i) of this subsection for at least 12 months.
(c) This subsection does not prohibit the department from revoking, suspending, or modifying a minor work permit for any reason or cause provided for under state law or department rule or policy.
(5) A person who gives advance notice, without the authority of the director, of an inspection to be conducted under this chapter shall be assessed a civil penalty of not more than $1,000.
(6) Penalties assessed under this section shall be paid to the director and deposited into the general fund.
(7) The department shall include in its annual report submitted under RCW 49.12.180 the following information:
(a) The number and type of citations and penalties issued and imposed under this section;
(b) The number of and reasons for revocations of minor work permits; and
(c) The number and nature of workplace injuries involving minors reviewed by the department, including whether those injuries resulted in citations or permit revocations under this section.
[ 2026 c 77 s 14; 2025 c 173 s 2; 1991 c 303 s 3.]
Notes:
Effective date—2025 c 173: See note following RCW 49.30.060.

catchline: Child labor laws—Violations—Civil penalties—Restraining orders—Annual report.


doc_type: statute

jurisdiction: wa

title: RCW 49.12.400

text:
A person, firm, or corporation aggrieved by an action taken or decision made by the department under RCW 49.12.390 may appeal the action or decision to the director by filing notice of the appeal with the director within thirty days of the department's action or decision. A notice of appeal filed under this section shall stay the effectiveness of a citation or notice of the assessment of a penalty pending review of the appeal by the director, but such appeal shall not stay the effectiveness of an order of immediate restraint issued under RCW 49.12.390. Upon receipt of an appeal, a hearing shall be held in accordance with chapter 34.05 RCW. The director shall issue all final orders after the hearing. The final orders are subject to appeal in accordance with chapter 34.05 RCW. Orders not appealed within the time period specified in chapter 34.05 RCW are final and binding.
[ 1991 c 303 s 4.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Child labor laws—Appeal.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 49.12.410

text:
(1) An employer who knowingly or recklessly violates the requirements of RCW 49.12.121, 49.12.123, or 49.30.060, or a rule or order adopted under RCW 49.12.121, 49.12.123, or 49.30.060, is guilty of a gross misdemeanor.
(2) An employer whose practices in violation of the requirements of RCW 49.12.121, 49.12.123, or 49.30.060, or a rule or order adopted under RCW 49.12.121, 49.12.123, or 49.30.060, result in the death or permanent disability of a minor employee is guilty of a class C felony punishable according to chapter 9A.20 RCW.
[ 2025 c 173 s 3; 2003 c 53 s 273; 1991 c 303 s 5.]
Notes:
Effective date—2025 c 173: See note following RCW 49.30.060.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Child labor laws—Violations—Criminal penalties.


title: RCW 49.12.420

text:
The penalties established in RCW 49.12.390 and 49.12.410 for violations of RCW 49.12.121 and 49.12.123 are exclusive remedies.
[ 1991 c 303 s 7.]

catchline: Child labor laws—Exclusive remedies.


title: RCW 49.12.430

text:
The department may not prohibit a minor from participating in an occupation based on the risk of exposure to bodily fluids or transmission of infectious agents if the minor has a valid professional license or certification issued by the department of health under Title 18 RCW and said license or certification requires competency in relevant procedures for preventing transmission of blood-borne pathogens and infectious diseases.
[ 2025 c 98 s 4.]
Notes:
Finding—Intent—2025 c 98: See note following RCW 18.73.165.

catchline: Working conditions of minors—Occupational risk.


title: RCW 49.12.450

text:
(1) Notwithstanding the provisions of chapter 49.46 RCW or other provisions of this chapter, the obligation of an employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section.
(2) Employers are not required to furnish or compensate employees for apparel that an employer requires an employee to wear during working hours unless the required apparel is a uniform.
(3) As used in this section, "uniform" means:
(a) Apparel of a distinctive style and quality that, when worn outside of the workplace, clearly identifies the person as an employee of a specific employer;
(b) Apparel that is specially marked with an employer's logo;
(c) Unique apparel representing an historical time period or an ethnic tradition; or
(d) Formal apparel.
(4) Except as provided in subsection (5) of this section, if an employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the employer is not required to furnish or compensate an employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or light or dark variations of such colors: White, tan, or blue, for tops; and tan, black, blue, or gray, for bottoms. An employer is permitted to require an employee to obtain two sets of wearing apparel to accommodate for the seasonal changes in weather which necessitate a change in wearing apparel.
(5) If an employer changes the color or colors of apparel required to be worn by any of his or her employees during a two-year period of time, the employer shall furnish or compensate the employees for the apparel. The employer shall be required to furnish or compensate only those employees who are affected by the change. The two-year time period begins on the date the change in wearing apparel goes into effect and ends two years from this date. The beginning and end of the two-year time period applies to all employees regardless of when the employee is hired.
(6) For the purposes of this section, personal protective equipment required for employee protection under chapter 49.17 RCW is not deemed to be employee wearing apparel.
[ 2016 c 202 s 55; 1998 c 334 s 2.]
Notes:
Construction—1998 c 334: "Nothing in this act shall be construed to alter the terms, conditions, or practices contained in any collective bargaining agreement in effect at the time of June 11, 1998, until the expiration date of such agreement." [ 1998 c 334 s 3.]

catchline: Compensation for required employee work apparel—Exceptions—Changes.


title: RCW 49.12.460

text:
(1) An employer may not discharge from employment or discipline:
(a) A volunteer firefighter or reserve officer because of leave taken related to an alarm of fire or an emergency call; or
(b) A civil air patrol member because of leave taken related to an emergency service operation.
(2)(a) A volunteer firefighter or reserve officer or civil air patrol member who believes he or she was discharged or disciplined in violation of this section may file a complaint alleging the violation with the director. The volunteer firefighter or reserve officer or civil air patrol member may allege a violation only by filing such a complaint within ninety days of the alleged violation.
(b) Upon receipt of the complaint, the director must cause an investigation to be made as the director deems appropriate and must determine whether this section has been violated. Notice of the director's determination must be sent to the complainant and the employer within ninety days of receipt of the complaint.
(c) If the director determines that this section was violated and the employer fails to reinstate the employee or withdraw the disciplinary action taken against the employee, whichever is applicable, within thirty days of receipt of notice of the director's determination, the volunteer firefighter or reserve officer or civil air patrol member may bring an action against the employer alleging a violation of this section and seeking reinstatement or withdrawal of the disciplinary action.
(d) In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations under this section and to order reinstatement of the employee or withdrawal of the disciplinary action.
(3) For the purposes of this section:
(a) "Alarm of fire or emergency call" means responding to, working at, or returning from a fire alarm or an emergency call, but not participating in training or other nonemergency activities.
(b) "Civil air patrol member" means a person who is a member of the Washington wing of the civil air patrol.
(c) "Emergency service operation" means the following operations of the civil air patrol:
(i) Search and rescue missions designated by the air force rescue coordination center;
(ii) Disaster relief, when requested by the federal emergency management agency or the department of homeland security;
(iii) Humanitarian services, when requested by the federal emergency management agency or the department of homeland security;
(iv) United States air force support designated by the first air force; and
(v) Counterdrug missions.
(d) "Employer" means an employer who had twenty or more full-time equivalent employees in the previous year.
(e) "Reinstatement" means reinstatement with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
(f) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
(g) "Volunteer firefighter" means a firefighter covered under chapter 41.24 RCW who:
(i) Voluntarily performs, regardless of reimbursement, any assigned or authorized duties on behalf of or at the direction of a firefighting or emergency response unit of a city, county, fire district, regional fire protection district, port district, or the state, including but not limited to service pursuant to RCW 43.43.960 through 43.43.975; and
(ii)(A) Has notified their employer of their firefighter status and intent to serve as a volunteer if already at the place of employment when called to serve as a volunteer; or
(B) If not already at the place of employment when called to serve as a volunteer, has been ordered to remain at their position by the commanding authority at the scene of the fire.
(h) "Reserve officer" has the meaning provided in RCW 41.24.010.
(4) The legislature declares that the public policies articulated in this section depend on the procedures established in this section and no civil or criminal action may be maintained relying on the public policies articulated in this section without complying with the procedures set forth in this section, and to that end all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such causes are hereby abolished, except as provided in this section.
[ 2021 c 105 s 2; 2010 c 170 s 1; 2004 c 44 s 1; 2003 c 401 s 5; 2001 c 173 s 1.]
Notes:
Finding—2021 c 105: "In 2020, wildfire swept across central Washington. In the aftermath, it was found that volunteer firefighters were not allowed to leave work to fight for their family homes simply because they would have been paid as wildland firefighters. The legislature finds that volunteer firefighters, even those compensated for wildland firefighting, should be allowed to leave work to protect their communities." [ 2021 c 105 s 1.]
Effective date—2021 c 105: "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 16, 2021]." [ 2021 c 105 s 3.]
Findings—Purpose—Intent—Effective date—2003 c 401: See notes following RCW 49.12.187.

catchline: Volunteer firefighters, reserve officers, civil air patrol members—Employer duties—Violations—Definitions.


title: RCW 49.12.471

text:
(1) The director shall establish a farm internship project for the employment of farm interns on small farms under special certificates at wages, if any, as authorized by the department and subject to such limitations as to time, number, proportion, and length of service as provided in this section and as prescribed by the department.
(2)(a) A small farm may employ no more than three interns at one time under this section.
(b) For any small farm located in a county that became eligible to participate in the farm intern [internship] project on May 4, 2023, at least one of the interns employed by the farm must be an individual who, in addition to meeting the farm's qualifications applicable to all intern applicants, also has direct experience working as a migrant farmworker or whose parent or grandparent has direct experience working as a migrant farmworker. If a farm is employing only one intern and the farm does not receive any applications from individuals who meet the criteria set forth in this subsection, the requirement of this subsection does not apply. If a farm is employing more than one intern, the farm must employ at least one intern who meets the criteria set forth in this subsection.
(3) A small farm must apply for a special certificate on a form made available by the director. The application must set forth: The name of the farm and a description of the farm seeking the certificate; the type of work to be performed by a farm intern; a description of the internship program; the period of time for which the certificate is sought and the duration of an internship; the number of farm interns for which a special certificate is sought; the wages, if any, that will be paid to the farm intern; any room and board, stipends, and other remuneration the farm will provide to a farm intern; and the total number of workers employed by the farm.
(4) Upon receipt of an application, the department shall review the application and issue a special certificate to the requesting farm within fifteen days if the department finds that:
(a) The farm qualifies as a small farm;
(b) There have been no serious violations of chapter 49.46 RCW or Title 51 RCW that provide reasonable grounds to believe that the terms of an internship agreement may not be complied with;
(c) The issuance of a certificate will not create unfair competitive labor cost advantages nor have the effect of impairing or depressing wage or working standards established for experienced workers for work of a like or comparable character in the industry or occupation at which the intern is to be employed;
(d) A farm intern will not displace an experienced worker;
(e) If subsection (2)(b) of this section applies, the farm has included in the application either: (i) An attestation from at least one farm intern stating that the farm intern is an individual who has direct experience working as a migrant farmworker or whose parent or grandparent has direct experience working as a migrant farmworker; or (ii) an attestation that the farm is employing only one intern and the farm did not receive any applications from individuals who meet the criteria set forth in subsection (2)(b) of this section; and
(f) The farm demonstrates that the interns will perform work for the farm under an internship program that: (i) Provides a curriculum of learning modules and supervised participation in farm work activities designed to teach farm interns about farming practices and farm enterprises; (ii) is based on the bona fide curriculum of an educational or vocational institution; (iii) encourages the interns to participate in career and technical education or other educational content with courses in agriculture or related programs of study at a community or technical college; and (iv) is reasonably designed to provide the intern with vocational knowledge and skills about farming practices and enterprises. In assessing an internship program, the department may consult with relevant college and university departments and extension programs and state and local government agencies involved in the regulation or development of agriculture.
(5) A special certificate issued under this section must specify the terms and conditions under which it is issued, including: The name of the farm; the duration of the special certificate allowing the employment of farm interns and the duration of an internship; the total number of interns authorized under the special certificate; the authorized wage rate, if any; and any room and board, stipends, and other remuneration the farm will provide to the farm intern. A farm intern may be paid at wages specified in the certificate only during the effective period of the certificate and for the duration of the internship.
(6) If the department denies an application for a special certificate, notice of denial must be mailed to the farm. The farm listed on the application may, within fifteen days after notice of such action has been mailed, file with the director a petition for review of the denial, setting forth grounds for seeking such a review. If reasonable grounds exist, the director or the director's authorized representative may grant such a review and, to the extent deemed appropriate, afford all interested persons an opportunity to be heard on such review.
(7) Before employing a farm intern, a farm must submit a statement on a form made available by the director stating that the farm understands: The requirements of the industrial welfare act, this chapter, that apply to farm interns; that the farm must pay workers' compensation premiums in the assigned intern risk class and must pay workers' compensation premiums for nonintern work hours in the applicable risk class; and that if the farm does not comply with subsection (8) of this section, the director may revoke the special certificate.
(8) The director may revoke a special certificate issued under this section if a farm fails to: Comply with the requirements of the industrial welfare act, this chapter, that apply to farm interns; pay workers' compensation premiums in the assigned intern risk class; or pay workers' compensation premiums in the applicable risk class for nonintern work hours.
(9) Before the start of a farm internship, the farm and the intern must sign a written agreement and send a copy of the agreement to the department. The written agreement must, at a minimum:
(a) Describe the internship program offered by the farm, including the skills and objectives the program is designed to teach and the manner in which those skills and objectives will be taught;
(b) Explicitly state that the intern is not entitled to unemployment benefits or minimum wages for work and activities conducted pursuant to the internship program for the duration of the internship;
(c) Describe the responsibilities, expectations, and obligations of the intern and the farm, including the anticipated number of hours of farm activities to be performed by and the anticipated number of hours of curriculum instruction provided to the intern per week;
(d) Describe the activities of the farm and the type of work to be performed by the farm intern; and
(e) Describe any wages, room and board, stipends, and other remuneration the farm will provide to the farm intern.
(10) The department must limit the administrative costs of implementing the internship program by relying on farm organizations and other stakeholders to perform outreach and inform the farm community of the program and by limiting employee travel to the investigation of allegations of noncompliance with program requirements.
(11) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Farm intern" means an individual who provides services to a small farm under a written agreement and primarily as a means of learning about farming practices and farm enterprises.
(b) "Farm internship program" means an internship program described under subsection (4)(e) of this section.
(c) "Small farm" means a farm:
(i) Organized as a sole proprietorship, partnership, or corporation;
(ii) That reports on the applicant's schedule F of form 1040 or other applicable form filed with the United States internal revenue service annual sales less than $265,000; and
(iii) Where all the owners or partners of the farm provide regular labor to and participate in the management of the farm, and own or lease the productive assets of the farm.
(12) The department shall monitor and evaluate the farm internships authorized by this section and report to the appropriate committees of the legislature by December 31, 2024. The report must include, but not be limited to: The number of small farms that applied for and received special certificates; the number of interns employed as farm interns; the nature of the educational activities provided to the farm interns; the wages and other remuneration paid to farm interns; the number of and type of workers' compensation claims for farm interns; the employment of farm interns following farm internships; and other matters relevant to assessing farm internships authorized in this section.
[ 2023 c 269 s 2; 2020 c 212 s 1.]
Notes:
Findings—2023 c 269: "The legislature finds that encouraging participation in agriculture is valuable. The farm internship program allows students to experience farming practices and get hands-on experience with farming activities. The internship program has existed since 2014 and was piloted in a few select counties. The legislature finds that this program is valuable, should be extended to all counties, and should continue without an expiration date." [ 2023 c 269 s 1.]
Effective date—2023 c 269: "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 [May 4, 2023]." [ 2023 c 269 s 6.]
Effective date—2020 c 212: "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 [March 27, 2020]." [ 2020 c 212 s 5.]

catchline: Farm internship project.


title: RCW 49.12.480

text:
(1) An employer shall provide employees with meal and rest periods as required by law, subject to the following:
(a) Rest periods must be scheduled at any point during each work period during which the employee is required to receive a rest period;
(b) Employers must provide employees with uninterrupted meal and rest breaks. This subsection (1)(b) does not apply in the case of:
(i) An unforeseeable emergent circumstance, as defined in RCW 49.28.130; or
(ii) An unforeseeable clinical circumstance, as determined by the employee that may lead to a significant adverse effect on the patient's condition, unless the employer or employer's designee determines that the patient may suffer life-threatening adverse effects;
(c) For any work period for which an employee is entitled to one or more meal periods and more than one rest period, the employee and the employer may agree that one or more meal or rest periods may be combined with one or more rest periods. This agreement may be revoked at any time by the employee. If the employee is required to remain on duty during the combined meal and rest period, the time shall be paid. If the employee is released from duty for an uninterrupted combined meal and rest period, the time corresponding to the meal period shall be unpaid, but the time corresponding to the rest period shall be paid.
(d)(i) An employer and employee may agree to waive:
(A) The meal period, if any, in a work shift of less than eight hours; or
(B) The second and/or third meal period in a work shift of eight hours or longer, so long as at least one meal period is provided and taken during the shift.
(ii) An employer and employee may also agree to waive otherwise applicable timing requirements for meal and rest periods, so long as the meal period starts no earlier than the third hour worked and no later than the second to last hour scheduled.
(iii) Any waiver must be in writing or electronic recordkeeping format. The employer must record the signed waiver in the applicable electronic information management system, and ensure the record is retrievable upon request. The waiver must include a summary of the applicable department rule governing meal and rest periods and advise the employee that the employee may have other rights under the applicable provisions of a collective bargaining agreement if one exists. Any waiver under this subsection (1)(d) must be voluntary, and the employer must expressly advise the employee that it is voluntary. The waiver must be agreed to by the employer and employee in advance of the first shift in which it is relied upon. Any waiver may be revoked at any time by the employer or employee. Where applicable, the written waiver must be submitted on a form agreed to between the employer and the collective bargaining organization for employees it represents.
(iv) Employers may inform employees of the meal and rest period waivers typically relied upon by employees on the shifts they are working and may make waivers available to employees, so long as those waivers comply with this subsection (1)(d).
(v) A waived meal or rest period does not constitute a missed meal or rest period for purposes of RCW 49.12.483, so long as those waivers comply with this subsection (1)(d).
(2)(a) The employer shall provide a mechanism to record when an employee misses a meal or rest period and maintain these records.
(b)(i) The employer must provide a quarterly report to the department, including the following for the quarter covered by the report:
(A) The total meals and rest periods missed in violation of this section;
(B) The total number of meal and rest periods waived by an agreement under subsection (1)(d) of this section; and
(C) The total number of meals and rest periods required during the quarter.
(ii) Each quarterly report is due to the department 30 calendar days after the conclusion of the calendar quarter.
(c) The provisions of (b) in this subsection (2) do not apply to hospitals defined in RCW 70.41.420(7)(b)(iv) until July 1, 2026.
(3) For purposes of this section, the following terms have the following meanings:
(a) "Employee" means a person who:
(i) Is employed by an employer;
(ii) Is involved in direct patient care activities or clinical services; and
(iii) Receives an hourly wage or is covered by a collective bargaining agreement.
(b) "Employer" means hospitals licensed under chapter 70.41 RCW.
[ 2025 c 101 s 2; 2023 c 114 s 8; 2019 c 296 s 1.]
Notes:
Finding—Intent—2025 c 101: "(1) The legislature finds that rest breaks and meal breaks are important for health care workers to provide a safe workplace and safe patient care. The department of labor and industries' rules governing rest breaks and meal breaks were promulgated at a time when work shifts of 10 hours or more were unusual, but these work shifts are now routine in Washington's hospitals and commonly requested by health care workers.
(2) The legislature therefore intends to clarify certain aspects of scheduling and taking rest breaks and meal breaks for covered health care workers while fully protecting health care employees' rights to receive all rest breaks and meal breaks to which they are entitled." [ 2025 c 101 s 1.]
Effective date—2025 c 101: "This act takes effect January 1, 2026." [ 2025 c 101 s 3.]
Effective date—2023 c 114: See note following RCW 70.41.410.
Effective date—2019 c 296: "This act takes effect January 1, 2020." [ 2019 c 296 s 4.]

catchline: Meal and rest breaks for health care facility employees—Waiver.


title: RCW 49.12.483

text:
(1) The department must enforce the provisions of RCW 49.12.480, including reviewing reports submitted under RCW 49.12.480(2) to ensure they are timely, complete, and on the department-issued form.
(2)(a) Upon the department's review of the employer's report due under RCW 49.12.480(2), if the department determines that an employer is not 80 percent compliant with the meal and rest break requirements under RCW 49.12.480, and more than 20 percent of the required meals and rest periods were missed, or if an employer fails to properly submit a report, the department may offer to provide technical assistance to the employer, although until June 30, 2026, the department must offer technical assistance to the employer.
(b) Beginning July 1, 2026, if the department finds that an employer has exceeded the quarterly threshold in (a) of this subsection for missed meals and rest periods, the department must impose a penalty. The provisions of this subsection do not apply to employers who are hospitals defined in RCW 70.41.420(7)(b)(iv) until July 1, 2028.
(c)(i) The penalties assessed by the department each time the department imposes a penalty under (b) of this subsection are as follows:
(A) For hospitals certified as critical access hospitals under 42 U.S.C. Sec. 1395i-4, or with up to 25 licensed beds: $5,000;
(B) For hospitals with 26 to 99 licensed beds: $10,000;
(C) For hospitals with 100 to 299 beds: $15,000; and
(D) For hospitals with 300 or more beds: $20,000.
(ii) If the department imposes a penalty in a third consecutive quarter, the department must double the penalty amounts in (c)(i) of this subsection for subsequent consecutive quarters. An employer in compliance for a single quarter is no longer subject to the penalties for subsequent violations under this subsection (c)(ii).
(3)(a) An employer may not take any adverse action against employees for exercising any right under RCW 49.12.480. An adverse action means any action taken or threatened by an employer against an employee for exercising the employee's rights under RCW 49.12.480 or this section, but does not include noncoercive counseling, coaching, training, or other resources offered to an employee.
(b) The department must investigate complaints related to compliance with (a) of this subsection. The director may require the testimony of witnesses and the production of documents as part of the director's investigation.
(c) If the director determines that an employer has violated (a) of this subsection, the director may:
(i) Order payment to the department of a civil penalty of not more than $1,000 for an employer's first violation and not more than $5,000 for any subsequent related violation;
(ii) Order appropriate relief under this subsection (3) that includes any earnings the employee did not receive due to the employer's adverse action, including interest of one percent per month on all earnings owed. The earnings and interest owed will be calculated from the first date earnings were owed to the employee; or
(iii) Order the employer to restore the employee to the position of employment held by the employee when the retaliation occurred, or restore the employee to an equivalent position with equivalent employment hours, work schedule, benefits, pay, and other terms and conditions of employment.
(4)(a)(i) An employer must provide valid data in reports required under RCW 49.12.480(2). Valid data means that the data included in the reports is attested to by an employer's designee and has not been inappropriately manipulated or modified; and
(ii) Employees must be free from coercion into inaccurate recording of their meal and rest periods under RCW 49.12.480.
(b) The department must investigate complaints related to compliance with (a) of this subsection that are facially based on the actual knowledge of the complaining party. The director may require the testimony of witnesses and the production of documents as part of the director's investigation.
(c) If the director determines that an employer has violated (a) of this subsection, the director may:
(i) Order the employer to pay the department a civil penalty of not more than $1,000 for an employer's first violation and not more than $5,000 for any subsequent related violation; and
(ii) Order appropriate relief that includes any earnings the employee did not receive due to the employer's adverse action, including interest of one percent per month on all earnings owed. The earnings and interest owed will be calculated from the first date earnings were owed to the employee.
(5) The department may investigate and take appropriate enforcement action under this section without any complaint if the department discovers data in the course of an investigation or inspection.
(6) Any appeals of the department's decisions, including assessed penalties, and collection or deposit of civil penalties under this section must be pursuant to RCW 49.12.145 through 49.12.149.
(7) For the purposes of this section, "coercion" means compelling or inducing an employee to engage in conduct which the employee has a legal right to abstain from or to abstain from the conduct which the employee has a legal right to engage in.
[ 2023 c 114 s 9.]
Notes:
Effective date—2023 c 114: See note following RCW 70.41.410.

catchline: Meal and rest breaks for health care facility employees—Enforcement—Penalties—Retaliatory actions—Appeals.


title: RCW 49.12.485

text:
By July 1, 2024, the department and the department of health must jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the oversight and enforcement of RCW 70.41.420(7) and 70.41.425 (1) and (5)(b), as follows:
(1) To the extent feasible, provide for oversight and enforcement actions by a single agency, and must include measures to avoid multiple citations for the same violation; and
(2) Include provisions that allow for data sharing, including hospital staffing plans, reports submitted under RCW 70.41.420(7), and hospital staffing committee complaints submitted to the department of health.
[ 2023 c 114 s 6.]
Notes:
Effective date—2023 c 114: See note following RCW 70.41.410.

catchline: Hospital staffing committee—Oversight.


title: RCW 49.12.490

text:
(1) The rules adopted under this chapter must allow a sixteen- or seventeen-year old minor to work the same number of hours and days during the school year as would be permitted during school vacations or holidays if:
(a) The minor is enrolled in a bona fide college program; or
(b) The minor is enrolled in a career and technical education program and the work is performed for an employer approved by the program.
(2) For purposes of this section, "career and technical education program" refers to a work-based learning program approved by the office of the superintendent of public instruction or the minor's school district, including but not limited to core plus programs.
[ 2025 c 79 s 2.]
Notes:
Finding—Intent—2025 c 79: "(1) The legislature finds that the department of labor and industries has adopted rules outlining the number of hours sixteen- and seventeen-year olds may work during school and nonschool weeks. These rules currently allow students participating in a bona fide college program, such as running start, to work the same number of hours for any employer(s) during the school weeks as allowed during nonschool weeks; however, a student participating in a career and technical education program is not provided the same opportunity to work more hours, including for employers who are approved by the career and technical education program. Many students enrolled in career and technical education programs are focused on gaining more on-the-job experience to help propel them in their future careers, and want to spend more hours working for an employer tied with their career and technical education program. For example, a student may attend traditional high school classes in the morning until lunch and then participate in work-based learning at an approved employer jobsite for the remainder of the school day with opportunity to work more than four hours per day.
(2) Therefore, the legislature intends to direct the department of labor and industries to revise the current rules outlining the hours sixteen- and seventeen-year olds may work during school weeks, so that students enrolled in a bona fide college program and a career and technical education program are treated equitably and both are allowed to work the same number of hours during school weeks as permitted during nonschool weeks." [ 2025 c 79 s 1.]
Effective date—2025 c 79: "This act takes effect July 1, 2026." [ 2025 c 79 s 3.]

catchline: Minor work hour rules—College and career and technical education program enrollees.


title: RCW 49.12.500

text:
Before granting a variance from RCW 49.12.121 or an applicable rule in order to allow a minor participating in a bona fide cooperative vocational education program, diversified career experience program, work experience program certified and monitored by the office of the superintendent of public instruction or the minor employee's school district, or a registered apprenticeship program to perform a work duty typically prohibited based on the minor's age, the department shall:
(1) Conduct a safety and health consultation at the worksite; and
(2) Consult with the employer on the types of tools, equipment, and practices permitted under the variance.
[ 2025 c 173 s 4.]
Notes:
Effective date—2025 c 173: See note following RCW 49.30.060.

catchline: Working minors—Department consultation.


title: RCW 49.12.902

text:
Sections 3 through 7 of this act shall take effect April 1, 1992.
[ 1991 c 303 s 12.]

catchline: Effective date—1991 c 303 ss 3-7.


title: RCW 49.12.903

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 130.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 49.17.010

text:
The legislature finds that personal injuries and illnesses arising out of conditions of employment impose a substantial burden upon employers and employees in terms of lost production, wage loss, medical expenses, and payment of benefits under the industrial insurance act. Therefore, in the public interest for the welfare of the people of the state of Washington and in order to assure, insofar as may reasonably be possible, safe and healthful working conditions for every man and woman working in the state of Washington, the legislature in the exercise of its police power, and in keeping with the mandates of Article II, section 35 of the state Constitution, declares its purpose by the provisions of this chapter to create, maintain, continue, and enhance the industrial safety and health program of the state, which program shall equal or exceed the standards prescribed by the Occupational Safety and Health Act of 1970 (Public Law 91-596, 84 Stat. 1590).
[ 1973 c 80 s 1.]
Notes:
Industrial insurance: Title 51 RCW.

catchline: Purpose.


title: RCW 49.17.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)(a) "Agriculture" means farming and includes, but is not limited to:
(i) The cultivation and tillage of the soil;
(ii) Dairying;
(iii) The production, cultivation, growing, and harvesting of any agricultural or horticultural commodity;
(iv) The raising of livestock, bees, fur-bearing animals, or poultry; and
(v) Any practices performed by a farmer or on a farm, incident to or in connection with such farming operations, including but not limited to preparation for market and delivery to:
(A) Storage;
(B) Market; or
(C) Carriers for transportation to market.
(b) "Agriculture" does not mean a farmer's processing for sale or handling for sale a commodity or product grown or produced by a person other than the farmer or the farmer's employees.
(2) "Director" means the director of the department of labor and industries, or his or her designated representative.
(3) "Department" means the department of labor and industries.
(4) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: PROVIDED, That any person, partnership, or business entity not having employees, and who is covered by the industrial insurance act must be considered both an employer and an employee.
(5) "Employee" means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is his or her personal labor for an employer under this chapter whether by way of manual labor or otherwise.
(6) "Person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.
(7) "Risk classification" means any classification defined in chapter 296-17A WAC classifications for Washington workers' compensation insurance.
(8) "Safety and health standard" means a standard which requires the adoption or use of one or more practices, means, methods, operations, or processes reasonably necessary or appropriate to provide safe or healthful employment and places of employment.
(9) "Workplace" means any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control, and includes, but is not limited to, all workplaces covered by industrial insurance under Title 51 RCW, as now or hereafter amended.
(10) "Working day" means a calendar day, except Saturdays, Sundays, and all legal holidays as set forth in RCW 1.16.050, as now or hereafter amended, and for the purposes of the computation of time within which an act is to be done under the provisions of this chapter, must be computed by excluding the first working day and including the last working day.
(11) "Work-related musculoskeletal injuries and disorders" means injuries or disorders of the muscles, nerves, tendons, joints, cartilage, and spinal discs associated with exposure to risk factors in the workplace. Musculoskeletal injuries and disorders include sprains, strains, tears, back pain, soreness, pain, carpal tunnel syndrome, musculoskeletal system or connective tissue diseases and disorders when the event or exposure leading to the injury or illness is bodily reaction from bending, climbing, crawling, reaching, twisting, sitting, or standing; being rubbed or abraded by kneeling on a surface; being rubbed, abraded, or jarred by vibration; overexertion; or repetition. The department may update this definition in accordance with changes to the United States department of labor's definition or updates to the United States bureau of labor statistics' occupational injury and illness classification system.
[ 2023 c 112 s 3; 2010 c 8 s 12005; 1997 c 362 s 2; 1973 c 80 s 2.]
Notes:
Findings—Intent—2023 c 112: See note following RCW 49.17.520.
Department of labor and industries: Chapter 43.22 RCW.

catchline: Definitions.


title: RCW 49.17.022

text:
The legislature finds that the state's farms are diverse in their nature and the owners, managers, and their employees continually find new ways to plant, raise, harvest, process, store, market, and distribute their products. The legislature further finds that the department of labor and industries needs guidance in determining when activities related to agricultural products are to be regulated as agricultural activities and when they should be regulated as other activities. It is the intent of the legislature that activities performed by a farmer as incident to or in conjunction with his or her farming activities be regulated as agricultural activities. For this purpose, an agricultural activity is to be interpreted broadly, based on the definition of "agriculture" in RCW 49.17.020.
[ 1997 c 362 s 1.]

catchline: Legislative findings and intent—Definition of agriculture.


title: RCW 49.17.030

text:
This chapter shall apply with respect to employment performed in any workplace within the state. The department of labor and industries shall provide by rule for a schedule of fees and charges to be paid by each employer subject to this chapter who is not subject to or obtaining coverage under the industrial insurance laws and who is not a self-insurer. The fees and charges collected shall be for the purpose of defraying such employer's pro rata share of the expenses of enforcing and administering this chapter.
[ 1973 c 80 s 3.]

catchline: Application of chapter—Fees and charges.


title: RCW 49.17.040

text:
The director shall make, adopt, modify, and repeal rules and regulations governing safety and health standards for conditions of employment as authorized by this chapter after a public hearing in conformance with the administrative procedure act and the provisions of this chapter. At least 20 days prior to such public hearing, the director shall provide information of the public hearing and written comment period to newspapers of general circulation in this state. Any preexisting rules adopted by the department of labor and industries relating to health and safety standards in workplaces subject to the jurisdiction of the department shall remain effective insofar as such rules are not inconsistent with the provisions of this chapter.
[ 2026 c 77 s 15; 1973 c 80 s 4.]


title: RCW 49.17.041

text:
(1)(a) Except as provided in (b) of this subsection, no rules adopted under this chapter amending or establishing agricultural safety standards shall take effect during the period beginning January 1, 1995, and ending January 15, 1996. This subsection applies, but is not limited to applying, to a rule adopted before January 1, 1995, but with an effective date which is during the period beginning January 1, 1995, and ending January 15, 1996, and to provisions of rules adopted prior to January 1, 1995, which provisions are to become effective during the period beginning January 1, 1995, and ending January 15, 1996.
(b) Subsection (1)(a) of this section does not apply to: Provisions of rules that were in effect before January 1, 1995; emergency rules adopted under RCW 34.05.350; or revisions to chapter 296-306 WAC regarding rollover protective structures that were adopted in 1994 and effective March 1, 1995, and that are additionally revised to refer to the variance process available under this chapter.
(2) The rules for agricultural safety adopted under this chapter must:
(a) Establish, for agricultural employers, an agriculture safety standard that includes agriculture-specific rules and specific references to the general industry safety standard adopted under chapter 49.17 RCW; and
(b) Exempt agricultural employers from the general industry safety standard adopted under chapter 49.17 RCW for all rules not specifically referenced in the agriculture safety standard.
(3) The department shall publish in one volume all of the occupational safety rules that apply to agricultural employers and shall make this volume available to all agricultural employers before January 15, 1996. This volume must be available in both English and Spanish.
(4) The department shall provide training, education, and enhanced consultation services concerning its agricultural safety rules to agricultural employers before the rules' effective dates. The training, education, and consultation must continue throughout the winter of 1995-1996. Training and education programs must be provided throughout the state and must be coordinated with agricultural associations in order to meet their members' needs.
(5) The department shall provide, for informational purposes, a list of commercially available rollover protective structures for tractors used in agricultural operations manufactured before October 25, 1976. The list must include the name and address of the manufacturer and the approximate price of the structure. Included with the list shall be a statement indicating that an employer may apply for a variance from the rules requiring rollover protective structures under this chapter and that variances may be granted in appropriate circumstances on a case-by-case basis. The statement shall also provide examples of circumstances under which a variance may be granted. The list and statement shall be generally available to the agricultural community before the department may take any action to enforce rules requiring rollover protective structures for tractors used in agricultural operations manufactured before October 25, 1976.
[ 1995 c 371 s 2.]
Notes:
Finding—1995 c 371: "The legislature finds that:
(1) The state's highly productive and efficient agricultural sector is composed predominately of family-owned and managed farms and an industrious and efficient workforce;
(2) A reasonable level of safety regulations is needed to protect workers;
(3) The smaller but highly efficient farming operations would benefit from safety rules that are easily referenced and agriculture-specific to the extent possible; and
(4) There should be lead time between the adoption of agriculture safety rules and their effective date in order to allow the department of labor and industries to provide training, education, and enhanced consultation services to family-owned and managed farms." [ 1995 c 371 s 1.]
Application—1995 c 371 s 2: "Section 2(1) of this act is remedial in nature and applies to rules and provisions of rules regarding agricultural safety that would take effect after December 31, 1994." [ 1995 c 371 s 4.]

catchline: Agricultural safety standards—Limitation on adopting or establishing between January 1, 1995, through January 15, 1996—Requirements.


title: RCW 49.17.050

text:
In the adoption of rules and regulations under the authority of this chapter, the director shall:
(1) Provide for the preparation, adoption, amendment, or repeal of rules and regulations of safety and health standards governing the conditions of employment of general and special application in all workplaces;
(2) Provide for the adoption of occupational health and safety standards which are at least as effective as those adopted or recognized by the United States secretary of labor under the authority of the Occupational Safety and Health Act of 1970 (Public Law 91-596; 84 Stat. 1590);
(3) Provide a method of encouraging employers and employees in their efforts to reduce the number of safety and health hazards at their workplaces and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;
(4) Provide for the promulgation of health and safety standards and the control of conditions in all workplaces concerning gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents which shall set a standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his or her working life; any such standards shall require where appropriate the use of protective devices or equipment and for monitoring or measuring any such gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents;
(5) Provide for appropriate reporting procedures by employers with respect to such information relating to conditions of employment which will assist in achieving the objectives of this chapter;
(6) Provide for the frequency, method, and manner of the making of inspections of workplaces without advance notice;
(7) Provide for the publication and dissemination to employers, employees, and labor organizations and the posting where appropriate by employers of informational, education, or training materials calculated to aid and assist in achieving the objectives of this chapter;
(8) Provide for the establishment of new and the perfection and expansion of existing programs for occupational safety and health education for employers and employees, and, in addition institute methods and procedures for the establishment of a program for voluntary compliance solely through the use of advice and consultation with employers and employees with recommendations including recommendations of methods to abate violations relating to the requirements of this chapter and all applicable safety and health standards and rules and regulations promulgated pursuant to the authority of this chapter;
(9) Provide for the adoption of safety and health standards requiring the use of safeguards in trenches and excavations and around openings of hoistways, hatchways, elevators, stairways, and similar openings;
(10) Provide for the promulgation of health and safety standards requiring the use of safeguards for all vats, pans, trimmers, cut off, gang edger, and other saws, planers, presses, formers, cogs, gearing, belting, shafting, coupling, set screws, live rollers, conveyors, mangles in laundries, and machinery of similar description, which can be effectively guarded with due regard to the ordinary use of such machinery and appliances and the danger to employees therefrom, and with which the employees of any such workplace may come in contact while in the performance of their duties and prescribe methods, practices, or processes to be followed by employers which will enhance the health and safety of employees in the performance of their duties when in proximity to machinery or appliances mentioned in this subsection;
(11) Certify that no later than twenty business days prior to the effective date of any significant legislative rule, as defined by RCW 34.05.328, a meeting of impacted parties is convened to: (a) Identify ambiguities and problem areas in the rule; (b) coordinate education and public relations efforts by all parties; (c) provide comments regarding internal department training and enforcement plans; and (d) provide comments regarding appropriate evaluation mechanisms to determine the effectiveness of the new rule. The meeting shall include a balanced representation of both business and labor from impacted industries, department personnel responsible for the above subject areas, and other agencies or key stakeholder groups as determined by the department. An existing advisory committee may be utilized if appropriate.
[ 2010 c 8 s 12006; 1998 c 224 s 1; 1973 c 80 s 5.]


title: RCW 49.17.055

text:
The director shall appoint a WISHA advisory committee composed of ten members: Four members representing subject workers, each of whom shall be appointed from a list of at least three names submitted by a recognized statewide organization of employees, representing a majority of employees; four members representing subject employers, each of whom shall be appointed from a list of at least three names submitted by a recognized statewide organization of employers, representing a majority of employers; and two ex officio members, without a vote, one of whom shall be the chairperson of the board of industrial insurance appeals, and the other representing the department. The member representing the department shall be chairperson. The committee shall provide comment on department rule making, policies, and other initiatives. The committee shall also conduct a continuing study of any aspect of safety and health the committee determines to require their consideration. The committee shall report its findings to the department or the board of industrial insurance appeals for action as deemed appropriate. The members of the committee shall be appointed for a term of three years commencing on July 1, 1997, and the terms of the members representing the workers and employers shall be staggered so that the director shall designate one member from each group initially appointed whose term shall expire on June 30, 1998, and one member from each group whose term shall expire on June 30, 1999. The members shall serve without compensation, but are entitled to travel expenses as provided in RCW 43.03.050 and 43.03.060. The committee may hire such experts, if any, as it requires to discharge its duties and may utilize such personnel and facilities of the department and board of industrial insurance appeals as it needs, without charge. All expenses of the committee must be paid by the department.
[ 1997 c 107 s 1.]

catchline: WISHA advisory committee—Appointment of members—Duties—Terms, compensation, and expenses.


title: RCW 49.17.060

text:
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: PROVIDED, That no citation or order assessing a penalty shall be issued to any employer solely under the authority of this subsection except where no applicable rule or regulation has been adopted by the department covering the unsafe or unhealthful condition of employment at the workplace; and
(2) Shall comply with the rules, regulations, and orders promulgated under this chapter.
[ 2010 c 8 s 12007; 1973 c 80 s 6.]


title: RCW 49.17.062

text:
(1) During a public health emergency:
(a) An employer with more than 50 employees at a workplace or worksite, within 24 hours of confirming that 10 or more of their employees at the workplace or worksite in this state have tested positive for the infectious or contagious disease that is the subject of the public health emergency, must report the positive tests to the department in a form prescribed by the department.
(b) The department must consult with the department of health on the infectious or contagious disease that is the subject of the public health emergency:
(i) Before issuing regulatory guidance, rules, directives, or orders for health care facilities under this section; and
(ii) When investigating health care entities and issuing citations under this section.
(c) The report required in (a) of this subsection may not include any employee names or personal identifying information.
(2) The department may use the reports in subsection (1) of this section to identify potential clusters of infections at specific workplaces or industries and investigate workplaces for violations of this chapter.
(3) During a public health emergency, the name, email and residential addresses, license plate number, and other personally identifiable information regarding employees of the department are exempt from disclosure under chapter 42.56 RCW to the extent that the disclosure would violate their right to privacy or pose a risk to their personal safety or security.
(4) This section does not require an employee to disclose any medical condition or diagnosis to their employer.
(5) This section does not alter or eliminate any other reporting obligations an employer has under state or federal law.
(6)(a) During a public health emergency, no employer may discharge, permanently replace, or in any manner discriminate against an employee who is high risk as a result of the employee:
(i) Seeking accommodation that protects them from the risk of exposure to the infectious or contagious disease; or
(ii) If no accommodation is reasonable, utilizing all available leave options, including but not limited to leave without pay and unemployment insurance, until completion of the public health emergency or accommodation is made available.
(b) This subsection (6) does not alter or diminish any existing remedy available to the worker under current state or federal law.
(c) For the purposes of this subsection (6), "an employee who is high risk" means an employee who:
(i) Due to age or an underlying health condition, is at a high risk of severe illness from the disease that is the subject of the public health emergency, as defined by the centers for disease control and prevention; and
(ii) A medical provider has recommended the employee's removal from the workforce because of their high risk of severe illness.
(7) For the purposes of this section, "public health emergency" means a declaration or order concerning any infectious or contagious diseases, including a pandemic and is issued as follows:
(a) The president of the United States has declared a national or regional emergency that covers every county in the state of Washington; or
(b) The governor of Washington has declared a state of emergency under RCW 43.06.010(12) in every county in the state.
[ 2021 c 252 s 2.]
Notes:
Short title—Effective date—2021 c 252: See notes following RCW 51.32.181.

catchline: Employer—Public health emergency—Infectious or contagious diseases—Positive tests—Reporting, duty, and procedure.


title: RCW 49.17.064

text:
(1) During a public health emergency, if an employer receives a notice of potential exposure to the infectious or contagious disease that is the subject of the public health emergency, the employer must, within one business day of potential exposure:
(a) Provide written notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as the qualifying individual that they may have been exposed to the infectious or contagious disease. The written notice must be made in a manner the employer normally uses to communicate employment-related information. Written notice may include, but is not limited to, personal service, email, or text message if it can reasonably be anticipated to be received by the employee within one business day of sending and must be in both English and the language understood by the majority of the employees; and
(b) Provide a written notice to the exclusive representative, if any, of employees under this subsection (1).
(2) The written notice under subsection (1) of this section may not include any employee names or personal identifying information.
(3) This section does not alter or eliminate any other reporting obligations an employer has under state or federal law.
(4) This section does not require an employee to disclose any medical condition or diagnosis to their employer.
(5) This section does not apply to employers who are health care facilities as defined in RCW 9A.50.010. For employees of health care facilities with known or suspected high-risk exposure, notification to the employee, and with the employee's authorization, to their union representative, if any, by the facility must occur within 24 hours of confirmed exposure.
(6) For the purposes of this section:
(a) "Notice of potential exposure" means any of the following:
(i) Notification to the employer from a public health official or licensed medical provider that an employee was exposed to a qualifying individual at the worksite;
(ii) Notification to the employer from an employee, or their emergency contact, that the employee is a qualifying individual;
(iii) Notification through a testing protocol of the employer that the employee is a qualifying individual.
(b) "Public health emergency" means a declaration or order concerning any infectious or contagious diseases, including a pandemic and is issued as follows:
(i) The president of the United States has declared a national or regional emergency that covers every county in the state of Washington; or
(ii) The governor of Washington has declared a state of emergency under RCW 43.06.010(12) in every county in the state.
(c) "Qualifying individual" means any person who has:
(i) A positive laboratory test for the infectious or contagious disease that is the subject of the public health emergency;
(ii) A positive diagnosis of the infectious or contagious disease that is the subject of the public health emergency by a licensed health care provider;
(iii) An order to isolate by a public health official related to the infectious or contagious disease that is the subject of the public health emergency; or
(iv) Died due to the infectious or contagious disease that is the subject of the public health emergency, in the determination of a local health department.
(d) "Worksite" means the building, store, facility, agricultural field, or other location where the qualifying individual worked. "Worksite" does not include any buildings, floors, or other locations of the employer that the qualifying individual did not enter.
[ 2021 c 252 s 3.]
Notes:
Short title—Effective date—2021 c 252: See notes following RCW 51.32.181.

catchline: Employer—Public health emergency—Infectious or contagious diseases—Notice of potential exposure.


title: RCW 49.17.070

text:
(1) Subject to subsections (2) through (5) of this section, the director, or his or her authorized representative, in carrying out his or her duties under this chapter, upon the presentation of appropriate credentials to the owner, manager, operator, or on-site person in charge of the worksite, is authorized:
(a) To enter without delay and at all reasonable times the factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed by an employee of an employer; and
(b) To inspect, survey, and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such workplace and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or employee.
(2) In making inspections and making investigations under this chapter the director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the superior courts. In the case of contumacy, failure, or refusal of any person to obey such an order, any superior court within the jurisdiction of which such person is found, or resides, or transacts business, upon the application of the director, shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof.
(3) Except as provided in subsection (4) of this section or RCW 49.17.075, the director or his or her authorized representative shall obtain consent from the owner, manager, operator, or his or her on-site person in charge of the worksite when entering any worksite located on private property to carry out his or her duties under this chapter. Solely for the purpose of requesting the consent required by this section, the director or his or her authorized representative shall, in a safe manner, enter a worksite at an entry point designated by the employer or, in the event no entry point has been designated, at a reasonably recognizable entry point.
(4) This section does not prohibit the director or his or her authorized representative from taking action consistent with a recognized exception to the warrant requirements of the federal and state Constitutions.
(5) This section does not require advance notice of an inspection.
[ 2006 c 31 s 2; 1973 c 80 s 7.]
Notes:
Intent—2006 c 31: "The legislature intends that inspections performed under the Washington industrial safety and health act ensure safe and healthful working conditions for every person working in the state of Washington. Inspections must follow the mandates of Article II, section 35 of the state Constitution, and equal or exceed the requirements prescribed by the occupational safety and health act of 1970 (Public Law 91-596, 84 Stat. 1590). The legislature also intends that the inspections comply with the fourth and fourteenth amendments to the United States Constitution and Article I, section 7 of the state Constitution." [ 2006 c 31 s 1.]

catchline: Right of entry—Inspections and investigations—Subpoenas—Contempt.


title: RCW 49.17.075

text:
The director may apply to a court of competent jurisdiction for a search warrant authorizing access to any factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed by an employee of an employer. The court may upon such application issue a search warrant for the purpose requested.
[ 2006 c 31 s 3.]
Notes:
Intent—2006 c 31: See note following RCW 49.17.070.

catchline: Search warrants.


title: RCW 49.17.080

text:
(1) Any employer may apply to the director for a temporary order granting a variance from any safety and health standard promulgated by rule or regulation under the authority of this chapter. Such temporary order shall be granted only if the employer files an application which meets the requirements of subsection (2) of this section and establishes that the employer is unable to comply with a safety or health standard because of the unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the safety and health standard or because necessary construction or alteration of facilities cannot be completed by the effective date of such safety and health standard, that he or she is taking all available steps to safeguard his or her employees against the hazards covered by the safety and health standard, and he or she has an effective program for coming into compliance with such safety and health standard as quickly as practicable. Any temporary order issued under the authority of this subsection shall prescribe the practices, means, methods, operations, and processes which the employer must adopt and use while the order is in effect and state in detail his or her program for coming into compliance with the safety and health standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing upon request of the employer or any affected employee. The name of any affected employee requesting a hearing under the provisions of this subsection shall be confidential and shall not be disclosed without the consent of such employee. The director may issue one interim order to be effective until a determination is made or a decision rendered if a hearing is demanded. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard, or one year, whichever is shorter, except that such an order may be renewed not more than twice, so long as the requirements of this subsection are met and if an application for renewal is filed at least ninety days prior to the expiration date of the order. No renewal of a temporary order may remain in effect for longer than one hundred eighty days.
(2) An application for a temporary order under this section shall contain:
(a) A specification of the safety and health standard or portion thereof from which the employer seeks a variance;
(b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he or she is unable to comply with the safety and health standard or portion thereof and a detailed statement of the reasons therefor;
(c) A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard;
(d) A statement as to when the employer expects to be able to comply with the standard or portion thereof and what steps he or she has taken and will take, with dates specified, to come into compliance with the standard; and
(e) A certification that the employer, by the date of mailing or delivery of the application to the director, has informed his or her employees of the application by providing a copy thereof to his or her employees or their authorized representative by posting a copy of such application in a place or places reasonably accessible to all employees or by other appropriate means of notification and by mailing a copy to the authorized representative of such employees; the application shall set forth the manner in which the employees have been so informed. The application shall also advise employees and their employee representatives of their right to apply to the director to conduct a hearing upon the application for a variance.
[ 2010 c 8 s 12008; 1973 c 80 s 8.]

catchline: Variance from safety and health standards—Application—Contents—Procedure.


title: RCW 49.17.090

text:
Any employer may apply to the director for an order for a variance from any rule or regulation establishing a safety and health standard promulgated under this chapter. Affected employees shall be given notice of each such application and in the manner prescribed by RCW 49.17.080 shall be informed of their right to request a hearing on any such application. The director shall issue such order granting a variance, after opportunity for an inspection, if he or she determines or decides after a hearing has been held, if request for hearing has been made, that the applicant for the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by such applicant employer will provide employment and places of employment to his or her employees which are as safe and healthful as those which would prevail if he or she complied with the safety and health standard or standards from which the variance is sought. The order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he or she must adopt and utilize to the extent they differ from the standard in question. At any time after six months has elapsed from the date of the issuance of the order granting a variance upon application of an employer, employee, or the director on his or her own motion, after notice has been given in the manner prescribed for the issuance of such order may modify or revoke the order granting the variance from any standard promulgated under the authority of this chapter.
[ 2010 c 8 s 12009; 1973 c 80 s 9.]

catchline: Variance from safety and health standards—Notice—Hearing—Order—Modification or revocation.


title: RCW 49.17.100

text:
A representative of the employer and an employee representative authorized by the employees of such employer shall be given an opportunity to accompany the director, or his or her authorized representative, during the physical inspection of any workplace for the purpose of aiding such inspection. Where there is no authorized employee representative, the director or his or her authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace. The director may adopt procedural rules and regulations to implement the provisions of this section: PROVIDED, That neither this section, nor any other provision of this chapter, shall be construed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing concerning wages or standards or conditions of employment which equal or exceed those established under the authority of this chapter.
[ 2010 c 8 s 12010; 1986 c 192 s 1; 1973 c 80 s 10.]

catchline: Inspection—Employer and employee representatives.


title: RCW 49.17.110

text:
Each employee shall comply with the provisions of this chapter and all rules, regulations, and orders issued pursuant to the authority of this chapter which are applicable to his or her own actions and conduct in the course of his or her employment. Any employee or representative of employees who in good faith believes that a violation of a safety or health standard, promulgated by rule under the authority of this chapter exists that threatens physical harm to employees, or that an imminent danger to such employees exists, may request an inspection of the workplace by giving notice to the director or his or her authorized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees. A copy of the notice shall be provided the employer or his or her agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his or her name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available pursuant to any provision of this chapter. If upon receipt of such notification the director determines that there are reasonable grounds to believe that such violation or danger exists, he or she shall make a special inspection as soon as practicable, to determine if such violation or danger exists. If the director determines there are no reasonable grounds to believe that a violation or danger exists, he or she shall notify the employer and the employee or representative of the employees in writing of such determination.
Prior to or during any inspection of a workplace, any employee or representative of employees employed in such workplace may notify the director or any representative of the director responsible for conducting the inspection, in writing, of any violation of this chapter which he or she has reason to believe exists in such workplace. The director shall, by rule, establish procedures for informal review of any refusal by a representative of the director to issue a citation with respect to any such alleged violation, and shall furnish the employee or representative of employees requesting such review a written statement of the reasons for the director's final disposition of the case.
[ 2010 c 8 s 12011; 1973 c 80 s 11.]


title: RCW 49.17.120

text:
(1) If upon inspection or investigation the director or the director's 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.
(6) When conducting inspections of employer worksites as defined by North American industry classification system 236, construction of buildings, the department shall make a good faith effort to notify the employer or owner within 10 working days where a hazard that could cause injury to a worker was immediately identified during an on-site inspection. Such notice does not eliminate or modify any other right, responsibility, or authority provided in this chapter.
[ 2026 c 19 s 1; 2024 c 40 s 1; 1999 c 93 s 1; 1973 c 80 s 12.]

catchline: Violations—Citations—Notice of identified hazard.


title: RCW 49.17.130

text:
(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 rules of the department, or any conditions of an order granting a variance, which violation is such that a danger exists from which there is a substantial probability that death or serious physical harm could result to any employee, the director or his or her authorized representative shall issue a citation and may issue an order immediately restraining any such condition, practice, method, process, or means in the workplace. 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 in order that the resumption of normal operations may be had 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. In addition, if any machine or equipment, or any part thereof, is in violation of a requirement of RCW 49.17.060 or any safety or health standard promulgated by rules of the department, and the operation of such machine or equipment gives rise to a substantial probability that death or serious physical harm could result to any employee, and an order of immediate restraint of the use of such machine or equipment has been issued under this subsection, the use of such machine or equipment is prohibited, and a notice to that effect shall be attached thereto by the director or his or her authorized representative.
(2) Whenever the director, or his or her authorized representative, concludes that a condition of employment described in subsection (1) of this section exists in any workplace, he or she shall promptly inform the affected employees and employers of the danger.
(3) An employer may contest an order restraining any condition of employment or practice issued under subsection (1) of this section within 10 working days of the effective date of the order by making an application to the superior court of the county wherein such condition of employment or practice exists. Upon the filing of any such petition, the superior courts of the state of Washington shall have jurisdiction to grant appropriate relief.
(4) At any time that a citation or a citation and order restraining any condition of employment or practice described in subsection (1) of this section is issued by the director, or his or her authorized representative, he or she may in addition request the attorney general to make an application to the superior court of the county wherein such condition of employment or practice exists for a temporary restraining order or such other relief as appears to be appropriate under the circumstances.
[ 2021 c 253 s 1; 2010 c 8 s 12012; 1973 c 80 s 13.]
Notes:
Rule-making authority—Worker safety and health—2021 c 253: "The department of labor and industries may adopt rules as necessary to implement this act." [ 2021 c 253 s 6.]

catchline: Violations—Dangerous conditions—Citations and orders of immediate restraint—Restraints—Restraining orders.