title: RCW 49.17.470

text:
(1)(a) The department shall develop or contract for the development of training for entertainers. The training must include, but not be limited to:
(i) Education about the rights and responsibilities of entertainers, including with respect to working as an employee or independent contractor;
(ii) Reporting of workplace injuries, including sexual and physical abuse and sexual harassment;
(iii) The risk of human trafficking;
(iv) Financial aspects of the entertainer profession; and
(v) Resources for assistance.
(b) As a condition of receiving or renewing an adult entertainer license issued by a local government on or after July 1, 2020, an entertainer must provide proof that the entertainer took the training described in (a) of this subsection. The department must make the training reasonably available to allow entertainers sufficient time to take the training in order to receive or renew their licenses on or after July 1, 2020.
(2)(a) An adult entertainment establishment must provide training to its employees other than entertainers to minimize occurrences of unprofessional behavior and enable employees to support entertainers in times of conflict.
(b) An establishment must require all employees other than entertainers to complete the training by the later of: (i) March 1, 2025; or (ii) within 30 days of hiring for recorded content or 120 days of hiring for live courses. Employees must complete the training at least every two years thereafter.
(c) The training content must be developed and provided by a third-party qualified professional with experience and expertise in personnel training. If possible, the training should be designed for use by adult entertainment establishments. When practicable, the training must be translated if necessary for one or more non-English-speaking employees to understand the training.
(d) The training topics must include, but are not limited to:
(i) Preventing sexual harassment, sexual discrimination, and assault in the workplace;
(ii) Information on how to identify and report human trafficking;
(iii) Conflict de-escalation between entertainers, other employees, and patrons; and
(iv) Providing first aid.
(e) An adult entertainment establishment must offer entertainers the ability to opt in to trainings offered under this subsection.
(f) The department may require annual reporting on training required under this subsection in a manner determined by the department.
(3) An adult entertainment establishment must provide an accessible panic button in each room in the establishment in which an entertainer may be alone with a customer, and in bathrooms and dressing rooms. An entertainer may use the panic button if the entertainer has been harmed, reasonably believes there is a risk of harm, or there is another emergency in the entertainer's presence. The entertainer may cease work and leave the immediate area to await the arrival of assistance. The establishment must provide to the department, at least annually, proof of compliance with this subsection and maintenance records showing that panic buttons are maintained and checked to ensure they are in working condition.
(4)(a) An adult entertainment establishment must record the allegations it receives that a customer has committed sex trafficking, prostitution, promotion of prostitution, or an act of violence, including assault, sexual assault, or sexual harassment, towards an entertainer. The establishment must make every effort to obtain the customer's name and if the establishment cannot determine the name, it must record as much identifying information about the customer as is reasonably possible. The establishment must retain a record of the customer's identifying information and written detail about the incident for at least five years after the most recent allegation.
(b) If an allegation involving a customer is supported by a statement made under penalty of perjury or other evidence, the adult entertainment establishment must decline to allow the customer to return to the establishment for at least three years after the date of the incident. The establishment must share the information about the customer with other establishments with common ownership and those establishments with common ownership must also decline to allow the customer to enter those establishments for at least three years after the date of the incident. No entertainer may be required to provide such a statement.
(c) An establishment must have written policies and procedures for implementing the requirements of this subsection, which must include a process for employees and entertainers to record allegations involving a customer under this subsection. Upon the request of the department, an establishment must make written policies and procedures and any records under this subsection available for inspection by the department.
(5) An adult entertainment establishment must provide at least one dedicated security person on the premises during operating hours whose primary duty is security, including monitoring interactions between entertainers and patrons. The department must adopt rules for requiring security persons to not have duties other than security during peak operating hours when necessary, and requiring additional security persons when necessary. The rules must take into account:
(a) The size of the establishment;
(b) The layout and floor plan of the establishment;
(c) The occupancy and patron volume;
(d) Security cameras and panic buttons;
(e) The history of security events at the establishment; and
(f) Other factors identified by the department.
(6) An adult entertainment establishment must:
(a) Provide appropriate cleaning supplies at all stage performance areas;
(b) Equip dressing or locker rooms for entertainers with a keypad requiring a code to enter; and
(c) Display signage at the entrance directing customers to resources on appropriate etiquette.
(7) An adult entertainment establishment must have written processes and procedures accessible to all employees and entertainers for:
(a) Responding to customer violence or criminal activity, including when police are called; and
(b) Ejecting customers who violate club policies, including intoxication or other inappropriate or illegal behavior.
(8)(a) For the purposes of enforcement, except for subsection (1) of this section, this section shall be considered a safety or health standard under this chapter.
(b) If an establishment is eligible for and applies for a license under chapter 66.24 RCW and any applicable rules, the liquor and cannabis board must notify the department. The department must conduct an inspection of the establishment to verify compliance with this section within 90 days of receipt of the notice under this subsection. The department must share information regarding violations of this section with the liquor and cannabis board.
(c) The liquor and cannabis board must notify the department if it observes a violation of subsection (3), (5), or (6) of this section on the premises of any establishment operating with a license under chapter 66.24 RCW.
(9) This section does not affect an employer's responsibility to provide a place of employment free from recognized hazards or to otherwise comply with this chapter and other employment laws.
(10) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Adult entertainment" means any exhibition, performance, or dance of any type conducted within the view of one or more members of the public inside a premises where such exhibition, performance, or dance involves an entertainer, who is unclothed or in such attire, costume, or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, vulva, or genitals, with an intent to sexually arouse or excite another person.
(b) "Adult entertainment establishment" or "establishment" means any business to which the public, patrons, or members are invited or admitted where an entertainer provides adult entertainment to a member of the public, a patron, or a member.
(c) "Entertainer" means any person who provides adult entertainment within an adult entertainment establishment, whether or not a fee is charged or accepted for entertainment and whether or not the person is an employee under RCW 49.17.020.
(d) "Panic button" means an emergency contact device by which the entertainer may summon immediate on-scene assistance from another entertainer, a security guard, or a representative of the adult entertainment establishment.
[ 2024 c 250 s 1; 2019 c 304 s 1.]
Notes:
Effective date—2024 c 250 ss 1 and 2: "Sections 1 and 2 of this act take effect January 1, 2025." [ 2024 c 250 s 7.]
Rule repeal—2024 c 250: See note following RCW 66.24.720.

catchline: Entertainers and adult entertainment establishments—Employee training—Panic buttons—Recording of allegations—Safety and security requirements—Enforcement—Definitions.


doc_type: statute

jurisdiction: wa

title: RCW 49.17.480

text:
(1) The asbestos plan requirements in RCW 70A.450.070(1)(b) are an industrial health or safety standard adopted under the authority of this chapter.
(2) A violation of the requirements of RCW 70A.450.070(1)(b) is subject to the penalties established under RCW 49.17.180 and 49.17.190 for violations of safety or health standards adopted under the authority of this chapter.
[ 2020 c 100 s 4.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Asbestos plan requirements in RCW 70A.450.070(1)(b)—Penalties.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 49.17.485

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

catchline: Personal protective devices and equipment—Public health emergency.


title: RCW 49.17.490

text:
(1) Before the assignment of an employee to a worksite employer, a staffing agency must:
(a) Inquire about the worksite employer's safety and health practices and hazards at the actual workplace where the employee will be working to assess the safety conditions, workers tasks, and the worksite employer's safety program; these activities are required at the start of any contract to place workers and may include visiting the actual worksite. If, during the inquiry or anytime during the period of the contract, the staffing agency becomes aware of existing job hazards that are not mitigated by the worksite employer, the staffing agency must make the host employer aware, urge the host employer to correct it, and document these efforts, otherwise the staffing agency must remove the temporary workers from the worksite;
(b) Provide training to the employee for general awareness safety training for recognized industry hazards the employee may encounter at the worksite. Industry hazard training must be completed, in the preferred language of the employee, and must be provided at no expense to the employee. The training date and training content must be maintained by the staffing agency and provided to the employee upon request;
(c) Transmit a general description of the training program including topics covered to the worksite employer, whether electronically or on paper, at the start of the contract with the worksite employer;
(d) Provide the department's hotline number for the employee to call to report safety hazards and concerns as part of the employment materials provided to the employee; and
(e) Inform the employee who the employee should report safety concerns to at the workplace.
(2) This section does not diminish any existing worksite employer or staffing agency responsibility as an employer to provide a place of employment free from recognized hazards or to otherwise comply with this chapter and other employment laws. Both entities are responsible for compliance with this chapter and the rules enacted pursuant to this chapter.
(3) Before the employee engages in work for the worksite employer, the worksite employer must:
(a) Document and inform the staffing agency about anticipated job hazards likely encountered by the staffing agency employee;
(b) Review the safety and health awareness training provided by the staffing agency to determine if it addresses recognized hazards for the worksite employer's industry;
(c) Provide specific training tailored to the particular hazards at their workplaces; and
(d) Document and maintain records of site-specific training and provide confirmation that the training occurred to the staffing agency within three business days of providing the training.
(4) If the worksite employer changes the job tasks or work location and new hazards may be encountered, the worksite employer must:
(a) Inform both the staffing agency and the employee; and
(b) Inform both the staffing agency and the employee of job hazards not previously covered before the employee undertakes the new tasks and update personal protective equipment and training for the new job tasks, if necessary.
(5) A staffing agency or employee may refuse a new job task at the worksite when the task has not been reviewed or if the employee has not had appropriate training to do the new task.
(6) A worksite employer that supervises an employee of a staffing agency must provide worksite specific training to the employee and must allow a staffing agency to visit any worksite where the staffing agency's employees are or will be working to observe and confirm the worksite employer's training and information related to the worksite's job tasks, safety and health practices, and hazards.
(7) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) A "staffing agency" is an employer as defined in this chapter and North American industry classification system 561320 and means an organization that recruits and hires its own employees and temporarily assigns those employees to perform work or services for another organization, under such other organization's supervision, to: (i) Support or supplement the other organization's workforce; (ii) provide assistance in special work situations including, but not limited to, employee absences, skill shortages, or seasonal workloads; or (iii) perform special assignments or projects.
(b) "Worksite employer" is an employer as defined in this chapter and means an individual, company, corporation, or partnership with which a staffing agency contracts or otherwise agrees to furnish persons for temporary employment in the industries described in sectors 23 and 31 through 33 of the North American industry classification system.
(8) A staffing agency or worksite employer may not retaliate against a staffing agency employee who reports safety concerns.
(9) The department may enact rules to implement this section.
[ 2021 c 37 s 1.]

catchline: Temporary workers—Safety—Staffing agency and worksite employer duties.


title: RCW 49.17.500

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

catchline: Adoption of policies requiring the use of a smoke evacuation system during a surgical procedure.


title: RCW 49.17.505

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

catchline: Surgical smoke evacuation account.


title: RCW 49.17.510

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

catchline: High voltage lines and equipment—Automated external defibrillators.


title: RCW 49.17.520

text:
(1) The department may adopt rules related to preventing musculoskeletal injuries and disorders that provide standards for an industry or risk classification, subject to the limits in this section.
(2)(a) Within a 12-month period, the department may not adopt more than one set of rules related to preventing musculoskeletal injuries and disorders for an industry or risk classification that previously did not have rules related to preventing musculoskeletal injuries and disorders. The rules would apply to an establishment engaged in activities as defined by the industry or risk classification.
(b) Subject to subsection (10) of this section, the department may not adopt emergency rules under chapter 34.05 RCW related to preventing musculoskeletal injuries and disorders for an industry or risk classification that previously did not have rules related to preventing musculoskeletal injuries and disorders.
(3)(a) Rules providing standards may only be adopted for industries or risk classifications where compensable workers' compensation claims involved musculoskeletal injuries and disorders at a rate greater than two times the overall state workers' compensation compensable claim rate for musculoskeletal injuries and disorders over a recent five-year period.
(b) When adopting rules by industry subsector at the three-digit level, the department must exclude from regulation North American industry classification system industry group at the four-digit level and industry classification at the five-digit level within the industry subsector that have a musculoskeletal injuries and disorders rate less than two times the overall state workers' compensation compensable claim rate for musculoskeletal injuries and disorders over a recent five-year period.
(c) When adopting rules by industry group at the four-digit level, the department must exclude from regulation North American industry classification system industry classifications at the five-digit level within the industry group that have a musculoskeletal injuries and disorders rate less than two times the overall state workers' compensation compensable claim rate for musculoskeletal injuries and disorders over a recent five-year period.
(d) When adopting rules by risk classification at the four-digit level, the department must exclude six-digit risk classifications within the four-digit risk classification if they have a musculoskeletal injuries and disorders rate less than two times the overall state workers' compensation compensable claim rate for musculoskeletal injuries and disorders over a recent five-year period.
(e) When selecting an industry or risk classification from the list established for potential rule making in RCW 49.17.520(8)(a) [subsection (8)(a) of this section], the department shall consider if the industry is demonstrating a statistical downward trend in the claims rates that is greater than the statewide average.
(4) Within 90 days of the department filing a preproposal statement of inquiry (CR-101) for industry or risk classifications specific rules related to preventing musculoskeletal injuries and disorders, the department must provide a report to the appropriate committees of the legislature. The report must include the criteria the department used to select the industry or rate risk classification that will be subject to the rules and a description of the rule-making procedures under chapter 34.05 RCW which the department will follow for the specific rules.
(5) During rule making, the department must consider including options for an employer to demonstrate alternative control methods where:
(a) The alternative methods are at least as effective as the rule requirements;
(b) Affected employees are trained and monitored for compliance; and
(c) The employer has documented all efforts.
(6) When filing a preproposal statement of inquiry (CR-101) for industry or risk classification specific rules related to preventing musculoskeletal injuries and disorders, the department must include the convening of an advisory committee comprised of equal representatives of employers and workers from the industry or risk classification that will be subject to the rules.
(7) During rule making under this section, the department must solicit input on the effective date to specify in the order of adoption under RCW 34.05.380. The effective date may not be less than 120 days after adoption and no rule may be effective prior to July 1, 2026.
(8) Annually by November, the department must:
(a) Publish a list of industries and risk classifications eligible for rule making under this section. The list must identify low priority industries and risk classifications for whom the statistical trend suggests the industry or risk classification will have a rate lower than two times the state average in the next three years. The list must include compensable claims over the five calendar year period that ended two calendar years before the report is published; and
(b) Conduct a review of the compensable workers' compensation claims data identified in (a) of this subsection to ensure that the data only reflects injuries or disorders consistent with work-related musculoskeletal injuries or disorders as defined by chapter 112, Laws of 2023, and publish the results of that review.
(c) Each year the department shall identify a list of industries or risk classes most likely to be selected for future rule making and prioritize efforts to provide technical assistance to those employers.
(9) For employee home offices, the director does not have the authority to adopt any new or amended rules dealing with musculoskeletal injuries and disorders, or that deal with the same or similar activities as the rules which were repealed in former RCW 49.17.370 for employee home offices, until and to the extent comparable rules applying to employee home offices are required by congress or the federal occupational safety and health administration.
(10) Limits on rule making in this section do not apply to rules adopted or amended where required by the federal occupational safety and health administration.
(11) For the purposes of this section, "industry" means any classification in the North American industry classification system that defines an industry subsector at the three-digit level, industry group at the four-digit level, and industry at the five-digit level.
(12) The department must provide up to three additional ergonomists to provide consultation to employers in the industries and risk classifications in the list published under subsection (8)(a) of this section. Funding for the additional ergonomists must be paid from the accident and medical aid funds.
[ 2023 c 112 s 4.]
Notes:
Findings—Intent—2023 c 112: "(1) The legislature finds that the absence of the department of labor and industries' authority to regulate working practices to prevent musculoskeletal injuries and disorders has contributed to excess and avoidable claims and costs across the workers' compensation system for all employers in Washington, including those employers who maintain safer workplaces without high incidents of musculoskeletal injuries and disorders.
(2) The legislature finds that work-related musculoskeletal injuries and disorders account for at least one-third of all workers' compensation claims that result in time loss and wage replacement; are more severe than the average nonfatal injury or illness; and are a common cause of long-term disability in Washington state.
(3) The legislature finds that many of Washington state's critical industries, including health care, are described by the federal bureau of labor statistics as high-risk industries for musculoskeletal injuries. These are also industries that are currently experiencing significant staffing shortages. Further, these injuries lead to high employer costs including absenteeism, decreased productivity, and increased costs for health care, disability, and workers' compensation, among other costs.
(4) The legislature therefore intends to repeal the prohibition on regulating working practices related to musculoskeletal injuries and disorders, thereby allowing targeted safety efforts to more effectively and efficiently prevent these workplace injuries. By removing this barrier, the legislature will restore the state's ability to more strategically address important workplace safety issues and reduce costs for all employers and workers." [ 2023 c 112 s 1.]

catchline: Rules related to preventing musculoskeletal injuries.


title: RCW 49.17.525

text:
(1) The director is authorized, in the director's discretion, to provide funding to employers to purchase additional equipment that may be needed to comply with a rule adopted under RCW 49.17.520. The maximum amount of funding each year is two percent of the premiums paid into the accident fund in the prior year from employers subject to a rule adopted under RCW 49.17.520.
(2) Only employers who pay premiums to the state fund as defined in RCW 51.08.175 and are subject to a rule adopted under RCW 49.17.520 are eligible for funding under this section.
(3) An appropriation is not required for these expenditures.
(4) The department may adopt rules to implement this section.
[ 2023 c 112 s 5.]
Notes:
Findings—Intent—2023 c 112: See note following RCW 49.17.520.

catchline: Funding for equipment.


title: RCW 49.17.530

text:
(1) The director shall adopt rules, pursuant to this section, to address safety and health issues specific to workers performing construction activities who menstruate or express milk, or both. The rules must be included in the rules governing construction safety standards and must be applicable only to employers in the construction industry.
(2) The rules adopted pursuant to this section must require employers in the construction industry to provide workers, performing construction activities and who menstruate, with:
(a) A minimum size bathroom, accessible on the worksite, that is equivalent to a standard sized portable chemical toilet, or access to a permanent structure with a bathroom. The bathroom must have an internal latch to be secured from inadvertent entry;
(b) Adequate time to accommodate for multiple layers of clothing while using the bathroom; and
(c) An adequate and convenient supply of menstrual hygiene products available at no cost to the workers. Menstrual hygiene products must either be located in all gender-neutral bathrooms and bathrooms designated for workers who menstruate, or provided in kits for each worker who needs such product.
(3) The rules adopted pursuant to this section must require employers in the construction industry to provide reasonable accommodations for workers performing construction activities to express milk. The department must identify minimum reasonable accommodations that include alternatives for worksites of varying numbers of employees. Reasonable accommodations means providing:
(a) Flexible work scheduling, including scheduling breaks and permitting work patterns that provide time for the expression of milk;
(b) A location, other than a bathroom, that is convenient and sanitary for the worker to express milk. The location must be private and lockable, if possible, and free from intrusion;
(c) Convenient hygienic refrigeration on the worksite for the storage of milk; and
(d) A convenient water source for the worker to clean and wash hands and milk expression equipment. The water source must be in a private location near the location where milk is expressed.
(4) On multiemployer worksites, each employer is responsible for ensuring that facilities for their own workers are provided.
(5)(a) Until thirty days after the date the department's adopted rule is filed with the code reviser, or July 1, 2025, whichever date is later, the department may not impose any monetary penalties for violations of this section. This subsection does not prohibit the department from receiving complaints, conducting inspections, issuing citations with no assessed penalty, and fixing reasonable time for abatement of the violation.
(b) When the department's final rules under this section are published by the code reviser in the [Washington] State Register, the department, in partnership with relevant labor organizations and the office of minority and women's business enterprises, shall conduct educational outreach to construction employers on the rights and responsibilities established in this section.
[ 2024 c 258 s 2.]
Notes:
Intent—2024 c 258: "In addition to the primary safety and health hazards faced by all construction workers, there are safety and health issues specific to construction workers who menstruate and/or express milk. As an ongoing effort to address labor shortages in the construction industry, as well as to continue recruiting and retaining underrepresented workers in the construction trades, the legislature intends to address some of the basic barriers faced by these construction workers." [ 2024 c 258 s 1.]

catchline: Construction workers—Accommodations—Menstruation and expression of milk.


title: RCW 49.17.535

text:
The department shall make a good faith effort to notify an employer within 10 calendar days when the department immediately identifies a hazard that could cause injury to a minor worker during an inspection conducted under this chapter. Such notice does not eliminate or modify any other right, responsibility, or authority provided in this chapter.
[ 2025 c 173 s 5.]
Notes:
Effective date—2025 c 173: See note following RCW 49.30.060.

catchline: Working minors—Notification of hazard.


title: RCW 49.17.900

text:
This act shall be known and cited as the Washington Industrial Safety and Health Act of 1973.
[ 1973 c 80 s 29.]

catchline: Short title.


title: RCW 49.19.005

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

catchline: Findings—1999 c 377.


title: RCW 49.19.010

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

catchline: Definitions.


title: RCW 49.19.020

text:
(1)(a) Each health care setting shall develop and implement a workplace violence prevention plan for the purposes of preventing violence and protecting employees from violence in the setting.
(b) In a health care setting with a safety committee established pursuant to RCW 49.17.050 and related rules, or workplace violence committee that is comprised of employee-elected and employer-selected members where the number of employee-elected members equal or exceed the number of employer-selected members, the committee shall develop, implement, and monitor progress on the workplace violence prevention plan.
(2) The workplace violence prevention plan must outline strategies aimed at addressing security considerations and factors that may contribute to or prevent the risk of violence, including but not limited to the following:
(a) The physical attributes of the health care setting, including security systems, alarms, emergency response, and security personnel available;
(b) Staffing, including staffing patterns, patient classifications, and procedures to mitigate employees time spent alone working in areas at high risk for workplace violence;
(c) Job design, equipment, and facilities;
(d) First aid and emergency procedures;
(e) The reporting of violent acts;
(f) Employee education and training requirements and implementation strategy;
(g) Security risks associated with specific units, areas of the facility with uncontrolled access, late night or early morning shifts, and employee security in areas surrounding the facility such as employee parking areas; and
(h) Processes and expected interventions to provide assistance to an employee directly affected by a violent act.
(3) In developing and updating the workplace violence prevention plan, the health care setting shall consider:
(a) Any guidelines on violence in the workplace or in health care settings issued by the department of health, the department of social and health services, the department of labor and industries, the federal occupational safety and health administration, medicare, and health care setting accrediting organizations; and
(b) The findings and recommendations in the summaries required by RCW 49.19.080.
(4) The health care setting or, if applicable, the committee under subsection (1) of this section must conduct a comprehensive review and update of the workplace violence prevention plan at least once per calendar year.
[ 2025 c 303 s 1; 2019 c 430 s 2; 1999 c 377 s 3.]
Notes:
Effective date—2025 c 303: See note following RCW 49.19.080.
Effective date—2019 c 430: See note following RCW 49.19.010.

catchline: Workplace violence prevention plan—Security and safety assessment.


title: RCW 49.19.030

text:
(1) By July 1, 2020, and on a regular basis thereafter, as set forth in the plan developed under RCW 49.19.020, each health care setting shall provide violence prevention training to all applicable employees, volunteers, and contracted security personnel, as determined by the plan.
(2) The training shall occur within ninety days of the employee's initial hiring date unless he or she is a temporary employee.
(3) The method and frequency of training may vary according to the information and strategies identified in the plan developed under RCW 49.19.020. Trainings may include, but are not limited to, classes that provide an opportunity for interactive questions and answers, hands-on training, video training, brochures, verbal training, or other verbal or written training that is determined to be appropriate under the plan. Trainings must address the following topics, as appropriate to the particular setting and to the duties and responsibilities of the particular employee being trained, based upon the hazards identified in the plan required under RCW 49.19.020:
(a) The health care setting's workplace violence prevention plan;
(b) General safety procedures;
(c) Violence predicting behaviors and factors;
(d) The violence escalation cycle;
(e) De-escalation techniques to minimize violent behavior;
(f) Strategies to prevent physical harm with hands-on practice or role play;
(g) Response team processes;
(h) Proper application and use of restraints, both physical and chemical restraints;
(i) Documentation and reporting incidents;
(j) The debrief process for affected employees following violent acts; and
(k) Resources available to employees for coping with the effects of violence.
[ 2019 c 430 s 3; 1999 c 377 s 4.]
Notes:
Effective date—2019 c 430: See note following RCW 49.19.010.

catchline: Violence prevention training.


title: RCW 49.19.040

text:
Each health care setting shall keep a record of any violent act against an employee, a patient, or a visitor occurring at the setting. Each record shall be kept for at least five years following the act reported, during which time it shall be available for inspection by the department upon request. At a minimum, the record shall include:
(1) The health care setting's name and address;
(2) The date, time, and specific location at the health care setting where the act occurred;
(3) The name, job title, department or ward assignment, and staff identification or social security number of the victim if an employee;
(4) A description of the person against whom the act was committed as:
(a) A patient;
(b) A visitor;
(c) An employee; or
(d) Other;
(5) A description of the person committing the act as:
(a) A patient;
(b) A visitor;
(c) An employee; or
(d) Other;
(6) A description of the type of violent act as a:
(a) Threat of assault with no physical contact;
(b) Physical assault with contact but no physical injury;
(c) Physical assault with mild soreness, surface abrasions, scratches, or small bruises;
(d) Physical assault with major soreness, cuts, or large bruises;
(e) Physical assault with severe lacerations, a bone fracture, or a head injury; or
(f) Physical assault with loss of limb or death;
(7) An identification of any body part injured;
(8) A description of any weapon used;
(9) The number of employees in the vicinity of the act when it occurred; and
(10) A description of actions taken by employees and the health care setting in response to the act.
[ 2019 c 430 s 4; 1999 c 377 s 5.]
Notes:
Effective date—2019 c 430: See note following RCW 49.19.010.

catchline: Violent acts—Records.


title: RCW 49.19.050

text:
Failure of a health care setting to comply with this chapter shall subject the setting to citation under chapter 49.17 RCW.
[ 1999 c 377 s 6.]

catchline: Noncompliance—Penalties.


title: RCW 49.19.060

text:
A health care setting needing assistance to comply with this chapter may contact the federal department of labor or the state department of labor and industries for assistance. The state departments of labor and industries, social and health services, and health shall collaborate with representatives of health care settings to develop technical assistance and training seminars on plan development and implementation, and shall coordinate their assistance to health care settings.
[ 1999 c 377 s 7.]

catchline: Health care setting—Assistance.


title: RCW 49.19.070

text:
It is the intent of the legislature that any violence protection and prevention plan developed under this chapter be appropriate to the setting in which it is to be implemented. To that end, the legislature recognizes that not all professional health care is provided in a facility or other formal setting, such as a hospital. Many services are provided by home health, hospice, and home care agencies. The legislature finds that it is inappropriate and impractical for these agencies to address workplace violence in the same manner as other, facility-based, health care settings. When enforcing this chapter as to home health, hospice, and home care agencies, the department shall allow agencies sufficient flexibility in recognition of the unique circumstances in which these agencies deliver services.
[ 1999 c 377 s 8.]

catchline: Intent—Finding—Enforcement.


title: RCW 49.19.080

text:
(1) Every health care setting must conduct a timely investigation of every workplace violence incident.
(2) In each investigation required by this section, the health care setting must review the incident for purposes of identifying factors contributing to or causing workplace violence, including but not limited to an assessment of:
(a) The details of the incident, such as the date, time, location, and nature of the conduct and harm;
(b) The details of any response and related remediation to prevent future incidents; and
(c) If applicable, a comparison of the actual staffing levels to the planned staffing levels at the time of [the] incident.
(3)(a) The health care setting must submit to the committee identified under RCW 49.19.020(1)(b) a summary of the following:
(i) The data required by RCW 49.19.040 and the findings of investigations required by this section during the relevant time period, with any personal information deidentified in compliance with the federal and state law;
(ii) An analysis of any systemic and common causes of the workplace violence incidents; and
(iii) Any relevant recommendations for modifying the plan under RCW 49.19.020 and other practices in order to prevent future incidents of workplace violence.
(b)(i) The summary must be submitted at least twice per year for any of the following health care settings:
(A) A critical access hospital under 42 U.S.C. Sec. 1395i-4;
(B) A hospital with fewer than 25 acute care beds in operation;
(C) A hospital certified by the centers for medicare and medicaid services as a sole community hospital that is not owned or operated by a health system that owns or operates more than one acute hospital licensed under chapter 70.41 RCW; or
(D) A hospital located on an island operating within a public hospital district in Skagit county.
(ii) The summary must be submitted at least quarterly for all other health care settings.
(4) This section does not affect or supersede any other state or federal law that prohibits or limits the disclosure of personally identifiable information.
[ 2025 c 303 s 2.]
Notes:
Effective date—2025 c 303: "This act takes effect January 1, 2026." [ 2025 c 303 s 3.]

catchline: Investigation—Data summary.


title: RCW 49.22.010

text:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Department" means the department of labor and industries.
(2) "Late night retail establishment" means any business or commercial establishment making sales to the public between the hours of eleven o'clock p.m. and six o'clock a.m., except restaurants, hotels, taverns, or any lodging facility.
(3) "Employer" means the operator, lessee, or franchisee of a late night retail establishment.
[ 1989 c 357 s 1.]


title: RCW 49.22.020

text:
In addition to providing crime prevention training as provided in *section 2 of this act, all employers operating late night retail establishments shall:
(1) Post a conspicuous sign in the window or door which states that there is a safe on the premises and it is not accessible to the employees on the premises and that the cash register contains only the minimal amount of cash needed to conduct business: PROVIDED, That an employer shall not be subject to penalties under RCW 49.22.030 for having moneys in the cash register in excess of the minimal amount needed to conduct business;
(2) So arrange all material posted in the window or door so as to provide a clear and unobstructed view of the cash register, provided the cash register is otherwise in a position visible from the street;
(3) Have a drop-safe, limited access safe, or comparable device on the premises; and
(4) Operate the outside lights for that portion of the parking area that is necessary to accommodate customers during all night hours the late night retail establishment is open, if the late night retail establishment has a parking area for its customers.
[ 1989 c 357 s 3.]
Notes:
*Reviser's note: "Section 2 of this act" was vetoed by the governor.

catchline: Late night retail establishments—Duties.


title: RCW 49.22.030

text:
The requirements of this chapter shall be implemented and enforced, including rules, citations, violations, penalties, appeals, and other administrative procedures by the director of the department of labor and industries pursuant to the Washington industrial safety and health act of 1973, chapter 49.17 RCW.
[ 1989 c 357 s 4.]

catchline: Enforcement.


title: RCW 49.22.900

text:
This act shall take effect January 1, 1990. The director of the department of labor and industries may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.
[ 1989 c 357 s 7.]

catchline: Effective date—Implementation—1989 c 357.


title: RCW 49.24.010

text:
The term "pressure" means gauge air pressure in pounds per square inch.
[ 1937 c 131 s 1; RRS s 7666-1.]

catchline: Pressure defined.


title: RCW 49.24.020

text:
Every employer of persons for work in compressed air shall:
(1) Connect at least two air pipes with the working chamber and keep such pipes in perfect working condition;
(2) Attach to the working chamber in accessible positions all instruments necessary to show its pressure and keep such instruments in charge of competent persons, with a period of duty for each such person not exceeding six hours in any twenty-four;
(3) Place in each shaft a safe ladder extending its entire length;
(4) Light properly and keep clear such passageway;
(5) Provide independent lighting systems for the working chamber and shaft leading to it, when electricity is used for lighting;
(6) Guard lights other than electric lights;
(7) Protect workers by a shield erected in the working chamber when such chamber is less than ten feet long and is suspended with more than nine feet space between its deck and the bottom of the excavation;
(8) Provide for and keep accessible to employees working in compressed air a dressing room heated, lighted and ventilated properly and supplied with benches, lockers, sanitary waterclosets, bathing facilities, and hot and cold water;
(9) Establish and maintain a medical lock properly heated, lighted, ventilated, and supplied with medicines and surgical implements, when the maximum air pressure exceeds seventeen pounds.
[ 2010 c 8 s 12021; 1937 c 131 s 2; RRS s 7666-2.]

catchline: Compressed air safety requirements.


title: RCW 49.24.030

text:
Every employer of persons for work in compressed air shall:
(1) Keep at the place of work at all necessary times a duly qualified medical officer to care for cases of illness and to administer strictly and enforce RCW 49.24.020 and 49.24.040;
(2) Keep at a medical lock required by RCW 49.24.020(9) a certified nurse selected by the medical officer required by subdivision (1) of this section and qualified to give temporary relief in cases of illness.
[ 1937 c 131 s 3; RRS s 7666-3.]

catchline: Medical and nursing attendants.


title: RCW 49.24.040

text:
If an employee is a new employee, an absentee for ten or more successive days, an employee who has worked in compressed air continuously for three months or a beginner in compressed air who has worked but a single shift as required by *RCW 49.24.050, the officer required by RCW 49.24.030(1) shall examine him or her and declare him or her physically fit to work in compressed air before permitting him or her to enter or reenter the working chamber. Excessive users of intoxicants shall not be permitted to work in compressed air.
[ 2010 c 8 s 12022; 1937 c 131 s 4; RRS s 7666-4.]
Notes:
*Reviser's note: RCW 49.24.050 was repealed by 1963 c 105 s 1.

catchline: Examination as to physical fitness.


title: RCW 49.24.060

text:
Violation of or noncompliance with any provision of *this article by any employer, manager, superintendent, foreman or other person having direction or control of such work shall be a gross misdemeanor punishable by a fine of not less than two hundred and fifty dollars or by imprisonment for up to three hundred sixty-four days or by both such fine and imprisonment.
[ 2011 c 96 s 41; 1937 c 131 s 7; RRS s 7666-7.]
Notes:
*Reviser's note: "this article" appears in 1937 c 131, an eight section act that was not subdivided by "article" organization. The act is codified as RCW 49.24.010 through 49.24.070.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

catchline: Penalty.


title: RCW 49.24.070

text:
The director of labor and industries shall have the power and it shall be the director's duty to enforce the provisions of RCW 49.24.010 through 49.24.070. Any authorized inspector or agent of the department may issue and serve upon the employer or person in charge of such work, an order requiring compliance with a special provision or specific provisions of RCW 49.24.010 through 49.24.070 and directing the discontinuance of any employment of persons in compressed air in connection with such work until such specific provision or provisions have been complied with by such employer to the satisfaction of the department.
[ 1994 c 164 s 23; 1973 1st ex.s. c 52 s 7; 1937 c 131 s 8; RRS s 7666-8.]
Notes:
Effective date—1973 1st ex.s. c 52: See note following RCW 43.22.010.


title: RCW 49.24.080

text:
Every person, firm or corporation constructing, building or operating a tunnel, quarry, caisson or subway, excepting in connection with mines, with or without compressed air, shall in the employment of any labor comply with the following safety provisions:
(1) A safety miner shall be selected by the crew on each shift who shall check the conditions necessary to make the working place safe; such as loose rock, faulty timbers, poor rails, lights, ladders, scaffolds, fan pipes and firing lines.
(2) Ventilating fans shall be installed from twenty-five to one hundred feet outside the portal.
(3) No employee shall be allowed to "bar down" without the assistance of another employee.
(4) No employee shall be permitted to return to the heading until at least thirty minutes after blasting.
(5) Whenever persons are employed in wet places, the employer shall furnish such persons with rubbers, boots, coats and hats. All boots if worn previously by an employee shall be sterilized before being furnished to another: PROVIDED, That RCW 49.24.080 through 49.24.380 shall not apply to the operation of a railroad except that new construction of tunnels, caissons or subways in connection therewith shall be subject to the provisions of RCW 49.24.080 through 49.24.380: PROVIDED, FURTHER, That in the event of repair work being done in a railroad tunnel, no person shall be compelled to perform labor until the air has been cleared of smoke, gas and fumes.
[ 1973 1st ex.s. c 154 s 89; 1965 c 144 s 1; 1941 c 194 s 1; Rem. Supp. 1941 s 7666-9.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Requirements for underground labor.


title: RCW 49.24.100

text:
(1) All lighting in compressed air chambers shall be by electricity only. Wherever practicable there shall be two independent lighting systems with independent sources of supply.
(2) The exterior of all lamp sockets shall be entirely nonmetallic.
(3) All portable incandescent lamps used shall be guarded by a wire cage large enough to enclose both lamp and socket.
(4) All incandescent lamps shall be so placed that they cannot come in contact with any combustible material.
(5) Only heavy insulated or armored wire shall be used for light or power.
[ 1941 c 194 s 3; Rem. Supp. 1941 s 7666-11.]

catchline: Lighting appliances.


title: RCW 49.24.110

text:
Exhaust valves shall be provided, having risers extending to the upper part of chamber, if necessary, and shall be operated at such times as may be required and especially after a blast, and persons shall not be required to resume work after a blast until the gas and smoke have cleared, for at least thirty minutes.
[ 1973 1st ex.s. c 154 s 90; 1941 c 194 s 4; Rem. Supp. 1941 s 7666-12.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Exhaust valves.


title: RCW 49.24.120

text:
All reasonable precaution shall be taken against fire, and provisions shall be made so that water lines shall be available for use at all times. Fire hose connections with hose connected shall be installed in all power plants and work houses. There shall be fire hose connections within reasonable distance of all caissons. Fire hose shall be connected at either side of a tunnel bulkhead, with at least fifty feet of hose with nozzle connection. Water lines shall extend into each tunnel with hose connections every two hundred feet and shall be kept ready for use at all times.
[ 1941 c 194 s 5; Rem. Supp. 1941 s 7666-13.]

catchline: Fire prevention.


title: RCW 49.24.130

text:
(1) Whenever the air pressure in a tunnel heading exceeds twenty-one pounds per square inch above atmospheric pressure, two air chambers shall always be in use, except for such time as may be necessary when headings are being started from shafts; and whenever practicable the pressure in the outer chamber shall not exceed one-half the pressure in the heading;
(2) In all tunnels sixteen feet in diameter or over, hanging walks shall be provided from working face to nearest lock. An overhead clearance of six feet shall be maintained and suitable ramps provided under all safety screens.
[ 1941 c 194 s 6; Rem. Supp. 1941 s 7666-14.]

catchline: Air chambers—Hanging walks.


title: RCW 49.24.140

text:
(1) Each bulkhead in tunnels of twelve feet or more in diameter or equivalent area, shall have at least two locks in perfect working condition, one of which shall be used as an air lock. An additional lock for use in case of emergency shall be held in reserve.
(2) The air lock shall be large enough so that those using it are not compelled to be in a cramped position, and shall not be less than five feet in height. Emergency locks shall be large enough to hold an entire heading shift.
(3) All locks used for decompression shall be lighted by electricity and shall contain a pressure gauge, a time piece, a glass "bull's eye" in each door or in each end, and shall also have facilities for heating.
(4) Valves shall be so arranged that the locks can be operated both from within and from without.
[ 2009 c 549 s 1013; 1941 c 194 s 7; Rem. Supp. 1941 s 7666-15.]

catchline: Locks.


title: RCW 49.24.150

text:
When locking explosives and detonators into the air chamber, they shall be kept at opposite ends of the lock. While explosives and detonators are being taken through, no persons other than the lock tender and the carriers shall be permitted in the lock.
[ 2009 c 549 s 1014; 1941 c 194 s 8; Rem. Supp. 1941 s 7666-16.]

catchline: Explosives and detonators.


title: RCW 49.24.160

text:
(1) A good and sufficient air plant for the compression of air shall be provided to meet not only ordinary conditions, but emergencies, and to provide margin for repairs at all times. Provision must be made for storing in tanks at each boiler house enough feed water for twelve hours' supply unless connection can be made with two independent and separately sufficient sources of supply.
(2) The plant shall be capable of furnishing to each working chamber a sufficient air supply for all pressure to enable work to be done.
[ 1941 c 194 s 9; Rem. Supp. 1941 s 7666-17.]

catchline: Air plant—Feed water.


title: RCW 49.24.170

text:
When electric power is used for running compressors supplying air for compressed air tunnel work and such power is purchased from a local central station or power company—
(1) There shall be two or more sources of power from the power company's stations to the compressor plant. Such power feeders shall each have a capacity large enough to carry the entire compressor plant load and normal overload. The feeders shall preferably run from separate generating plants or substations and be carried to the compressor plant over separate routes and not through the same duct lines and manholes so that the breakdown of one feeder shall not cause an interruption on the other feeder.
(2) There shall be duplicate feeder bus-bars, and feeder connections to the bus-bars shall be such that either feeder can feed to each separate bus-bar set, individually, or simultaneously to both sets.
(3) There shall be at least two compressors so connected to the bus-bars that they can be operated from either set of buses. The compressors shall be fed from different bus-bar sets, in such a way that a breakdown of a feeder or bus-bar would interrupt the operation of only part of the compressor plant.
(4) Duplicate air feed pipes shall be provided from the compressor plant to a point beyond the lock.
[ 1941 c 194 s 10; Rem. Supp. 1941 s 7666-18.]

catchline: Electric power requirements.


title: RCW 49.24.180

text:
While work is in progress, the employer shall employ a competent person who shall make a regular inspection at least once every working day of all engines, boilers, steam pipes, drills, air pipes, air gauges, air locks, dynamos, electric wiring, signaling apparatus, brakes, cages, buckets, hoists, cables, ropes, timbers, supports, and all other apparatus and appliances; and he or she shall immediately upon discovery of any defect, report same in writing to the employer, or his or her agent in charge.
[ 2010 c 8 s 12023; 1941 c 194 s 11; Rem. Supp. 1941 s 7666-19.]

catchline: Inspection.


title: RCW 49.24.190

text:
No employee shall ride on any loaded car, cage, or bucket, nor walk up or down any incline or shaft while any car, cage, or bucket is above him or her.
[ 2010 c 8 s 12024; 1941 c 194 s 12; Rem. Supp. 1941 s 7666-20.]

catchline: Cars, cages, buckets—Employees riding or walking.


title: RCW 49.24.200

text:
No vehicle shall be operated underground at a speed greater than five miles an hour, while construction work is going on.
[ 1941 c 194 s 13; Rem. Supp. 1941 s 7666-21.]

catchline: Speed of vehicles.


title: RCW 49.24.210

text:
Oil for illumination or power shall not be taken into the underground workings of any tunnel or kept therein in greater quantities than one day's supply.
[ 1941 c 194 s 14; Rem. Supp. 1941 s 7666-22.]

catchline: Oil supply restricted.


title: RCW 49.24.220

text:
(1) No greater quantity of explosives than that which is required for immediate use shall be taken into the working chamber.
(2) Explosives shall be conveyed in a suitable covered wooden box.
(3) Detonators shall be conveyed in a separate covered wooden box.
(4) Explosives and detonators shall be taken separately into the caissons.
(5) After blasting is completed, all explosives and detonators shall be returned at once to the magazine.
(6) No naked light shall be used in the vicinity of open chests or magazines containing explosives, nor near where a charge is being primed.
(7) No tools or other articles shall be carried with the explosives or with the detonators.
(8) All power lines and electric light wires shall be disconnected at a point outside the blasting switch before the loading of holes. No current by grounding of power or bonded rails shall be allowed beyond blasting switch after explosives are taken in preparatory to blasting, and under no circumstances shall grounded current be used for exploding blasts.
(9) Before drilling is commenced on any shift, all remaining holes shall be examined with a wooden stick for unexploded charges or cartridges, and if any are found, same shall be refired before work proceeds.
(10) No person shall be allowed to deepen holes that have previously contained explosives.
(11) All wires in broken rock shall be carefully traced and search made for unexploded cartridges.
(12) Whenever blasting is being done in a tunnel, at points liable to break through to where other persons are at work, the person in charge shall, before any holes are loaded, give warning of danger to all persons that may be working where the blasts may break through, and he or she shall not allow any holes to be charged until warning is acknowledged and persons are removed.
(13) Blasters when testing circuit through charged holes shall use sufficient leading wires to be at a safe distance and shall use only approved types of galvanometers. No tests of circuits in charged holes shall be made until persons are removed to safe distance.
(14) No blasts shall be fired with fuse, except electrically ignited fuse, in vertical or steep shafts.
(15) In shaft sinking where the electric current is used for firing, a separate switch not controlling any electric lights must be used for blasting and proper safeguard similar to those in tunnels must be followed in order to insure against premature firing.
[ 2009 c 549 s 1015; 1941 c 194 s 15; Rem. Supp. 1941 s 7666-23.]
Notes:
Explosives: Chapter 70.74 RCW.

catchline: Explosives, use of—Blasting.


title: RCW 49.24.230

text:
When firing by electricity from power or lighting wires, a proper switch shall be furnished with lever down when "off".
The switch shall be fixed in a locked box to which no person shall have access except the blaster. There shall be provided flexible leads or connecting wires not less than five feet in length with one end attached to the incoming lines and the other end provided with plugs that can be connected to an effective ground. After blasting, the switch lever shall be pulled out, the wires disconnected and the box locked before any person shall be allowed to return, and shall remain so locked until again ready to blast.
In the working chamber all electric light wires shall be provided with a disconnecting switch, which must be thrown to disconnect all current from the wires in the working chamber before electric light wires are removed or the charge exploded.
Before blasting, the blaster shall cause a sufficient warning to be sounded and shall compel all persons to retreat to a safe shelter, before he or she sets off the blast, and shall permit no one to return until conditions are safe.
[ 2010 c 8 s 12025; 1941 c 194 s 16; Rem. Supp. 1941 s 7666-24.]

catchline: Firing switch—Warning by blaster.


title: RCW 49.24.240

text:
(1) After a blast is fired, loosened pieces of rock shall be scaled from the sides of the excavation and after the blasting is completed, the entire working chamber shall be thoroughly scaled.
(2) The person in charge shall inspect the working chamber and have all loose rock or ground removed and the chamber made safe before proceeding with the work.
(3) Drilling must not be started until all remaining butts of old holes are examined for unexploded charges.
[ 1941 c 194 s 17; Rem. Supp. 1941 s 7666-25.]

catchline: Inspection after blast.


title: RCW 49.24.250

text:
Any code of signals used shall be printed and copies thereof, in such languages as may be necessary to be understood by all persons affected thereby, shall be kept posted in a conspicuous place near entrances to workplaces and in such other places as may be necessary to bring them to the attention of all persons affected thereby.
Effective and reliable signaling devices shall be maintained at all times to give instant communication between the bottom and top of the shaft.
[ 1941 c 194 s 18; Rem. Supp. 1941 s 7666-26.]

catchline: Code of signals.


title: RCW 49.24.260

text:
All shafting used in pneumatic caissons shall be provided with ladders, which are to be kept clear and in good condition at all times. The distance between the centers of the rungs of a ladder shall not exceed fourteen inches and shall not vary more than one inch in any one piece of shafting. The length of the ladder rungs shall not be less than nine inches. The rungs of the ladder shall in no case be less than three inches from the wall or other obstruction in the shafting or opening in which the ladder shall be used. Under no circumstances shall a ladder inclining backward from the vertical be installed. A suitable ladder shall be provided from the top of all locks to the surface.
All man shafts shall be lighted at a distance of every ten feet with a guarded incandescent lamp.
All outside caisson air locks shall be provided with a platform not less than forty-two inches wide, and provided with a guardrail forty-two inches high.
All caissons in which fifteen or more men are employed shall have two locks, one of which shall be used as a man lock. Man locks and man shafts shall be in charge of a man whose duty it shall be to operate said lock and shaft. All caissons more than ten feet in diameter shall be provided with a separate man shaft, which shall be kept clear and in operating order at all times.
Locks shall be so located that the distance between the bottom door and water level shall be not less than three feet.
[ 1941 c 194 s 19; Rem. Supp. 1941 s 7666-27.]

catchline: Requirements as to caissons.


title: RCW 49.24.270

text:
Wherever, in the prosecution of caisson work in which compressed air is employed, the working chamber is less than twelve feet in length, and when such caissons are at any time suspended or hung while work is in progress, so that the bottom of the excavation is more than nine feet below the deck of the working chamber, a shield shall be erected therein for the protection of the workers.
[ 1989 c 12 s 15; 1941 c 194 s 20; Rem. Supp. 1941 s 7666-28.]

catchline: Shields to be provided.


title: RCW 49.24.280

text:
All caissons shall be properly and adequately braced before loading with concrete or other weight.
[ 1941 c 194 s 21; Rem. Supp. 1941 s 7666-29.]

catchline: Caissons to be braced.


title: RCW 49.24.290

text:
In all shafts where men are hoisted or lowered, an iron-bonneted cage shall be used for the conveyance of men, but this provision shall not apply to shafts in the process of sinking or during the dismantling of the shaft after work in the tunnel is substantially completed.
Cages shall be provided with bonnets consisting of two steel plates not less than three-sixteenths of an inch in thickness, sloping toward each side and so arranged that they may be readily pushed upward to afford egress to persons therein, and such bonnet shall cover the top of the cage in such manner as to protect persons in the cage from falling objects.
Cages shall be entirely enclosed on two sides with solid partition or wire mesh not less than No. 8 U.S. Standard gauge, no opening in which shall exceed two inches.
Cages shall be provided with hanging chains or other similar devices for hand holds.
Every cage shall be provided with an approved safety catch of sufficient strength to hold the cage with its maximum load at any point in the shaft.
All parts of the hoisting apparatus, cables, brakes, guides and fastenings shall be of the most substantial design and shall be arranged for convenient inspection. The efficiency of all safety devices shall be established by satisfactory tests before the cages are put into service and at least once every three months thereafter and a record thereof kept.
The test of the safety catch shall consist of releasing the cage suddenly in such manner that the safety catches shall have opportunity to grip the guides.
[ 1941 c 194 s 22; Rem. Supp. 1941 s 7666-30.]

catchline: Cages—Hoisting apparatus.


title: RCW 49.24.300

text:
In all vertical shafts in which hoisting is done by means of a bucket, suitable guides shall be provided when the depth exceeds ten times the diameter or width of the shaft, but in no case shall the maximum depth without guides exceed one hundred and fifty feet. In connection with the bucket, there shall be a crosshead traveling between these guides. The height of the crosshead shall be at least two-thirds of its width, but the height in no case shall be less than thirty inches.
[ 1941 c 194 s 23; Rem. Supp. 1941 s 7666-31.]

catchline: Buckets in vertical shafts.


title: RCW 49.24.310

text:
Where tunnels are driven from shafts more than two hundred and fifty feet deep, a telephone system shall be established and maintained, communicating with the surface at each such shaft, and with a station or stations readily and quickly accessible to the men at the working level.
[ 1941 c 194 s 24; Rem. Supp. 1941 s 7666-32.]

catchline: Telephone system for tunnels.


title: RCW 49.24.320

text:
(1) While work is in progress, tunnels, stairways, ladderways and all places on the surface where work is being conducted, shall be properly lighted. In shafts more than one hundred feet deep, the shaft below that point shall be lighted.
(2) All places where hoisting, pumping or other machinery is erected and in the proximity of which persons are working or moving about, shall be so lighted when the machine is in operation that the moving parts of such machine can be clearly distinguished.
[ 1941 c 194 s 25; Rem. Supp. 1941 s 7666-33.]

catchline: Location of lights.


title: RCW 49.24.330

text:
The frames and bed plates of generators, transformers, compensators, rheostats and motors installed underground shall be effectively grounded. All metallic coverings, armoring of cables, other than trailing cables, and the neutral wire of three-wire systems shall also be so grounded.
[ 1941 c 194 s 26; Rem. Supp. 1941 s 7666-34.]

catchline: Generators, transformers, etc., to be grounded.


title: RCW 49.24.340

text:
In electrical systems installed, no higher voltage than low voltage shall be used underground, except for transmission or other application to transformers, motors, generators or other apparatus in which the whole of the medium or high voltage apparatus is stationary.
[ 1941 c 194 s 27; Rem. Supp. 1941 s 7666-35.]

catchline: Electrical voltage.


title: RCW 49.24.350

text:
Lamps or other proper lights shall be kept ready for use in all underground stations where a failure of electric light is likely to cause danger.
[ 1941 c 194 s 28; Rem. Supp. 1941 s 7666-36.]

catchline: Lamps to be held in reserve.


title: RCW 49.24.360

text:
(1) All underground cables and wires, unless provided with grounded metallic covering, shall be supported by efficient insulators. The conductors connecting lamps to the power supply shall in all cases be insulated.
(2) Cables and wires unprovided with metallic coverings shall not be fixed to walls or timbers by means of uninsulated fastenings.
[ 1941 c 194 s 29; Rem. Supp. 1941 s 7666-37.]

catchline: Insulators required.


title: RCW 49.24.370

text:
The director of labor and industries shall establish such rules and regulations as he or she deems primarily necessary for the safety of the employees employed in tunnels, quarries, caissons, and subways and shall be guided by the most modern published studies and researches made by persons or institutions into the correction of the evils chargeable to improper safeguards and inspection of the tools, machinery, equipment, and places of work obtaining in the industries covered by RCW 49.24.080 through 49.24.380.
[ 2010 c 8 s 12026; 1941 c 194 s 32; Rem. Supp. 1941 s 7666-39.]

catchline: Director to make rules and regulations.


title: RCW 49.24.380

text:
Every person violating any of the provisions of RCW 49.24.080 through 49.24.380 shall be guilty of a misdemeanor.
[ 1941 c 194 s 31; Rem. Supp. 1941 s 7666-38.]

catchline: Penalty.


title: RCW 49.26.010

text:
Airborne asbestos dust and particles, such as those from sprayed asbestos slurry, asbestos-coated ventilating ducts, and certain other applications of asbestos are known to produce irreversible lung damage and bronchogenic carcinoma. One American of every four dying in urban areas of the United States has asbestos particles or dust in his or her lungs. The nature of this problem is such as to constitute a hazard to the public health and safety, and should be brought under appropriate regulation.
[ 2010 c 8 s 12027; 1973 c 30 s 1.]

catchline: Legislative declaration.


title: RCW 49.26.013

text:
(1) Except as provided in subsection (2)(a)(ii) of this section, an owner or owner's agent who allows or authorizes any construction, renovation, remodeling, maintenance, repair, or demolition project which has a reasonable possibility, as defined by the department, of disturbing or releasing asbestos into the air, shall perform or cause to be performed, using practices approved by the department, a good faith inspection to determine whether the proposed project will disturb or release any material containing asbestos into the air.
Such inspections shall be conducted by persons meeting the accreditation requirements of the federal toxics substances control act, section 206(a) (1) and (3) (15 U.S.C. 2646(a) (1) and (3)).
An inspection under this section is not required if the owner or owner's agent is reasonably certain that asbestos will not be disturbed or assumes that asbestos will be disturbed by a project which involves construction, renovation, remodeling, maintenance, repair, or demolition and takes the maximum precautions as specified by all applicable federal and state requirements.
(2)(a)(i) Except as provided in RCW 49.26.125 and (a)(ii) of this subsection, the owner or owner's agent shall prepare and maintain a written report describing each inspection, or a statement of assumption of the presence or reasonable certainty of the absence of asbestos, and shall provide a copy of the written report or statement to all contractors before they apply or bid on work.
(ii) The department of transportation may include a good faith inspection into the scope of construction contracts for a project in lieu of conducting a good faith inspection prior to contractors bidding on the work if, prior to the start of demolition and construction, a contractor:
(A) Completes the good faith inspection;
(B) Prepares and maintains a written report describing each inspection, or a statement of assumption of the presence or reasonable certainty of the absence of asbestos; and
(C) Provides a copy of the report or statement to the department of transportation.
(b) Upon written or oral request, the owner or owner's agent shall make a copy of the written report or statement available to: (i) The department of labor and industries; (ii) contractors; and (iii) the collective bargaining representatives or employee representatives, if any, of employees who may be exposed to any asbestos or material containing asbestos.
(c) A copy of the report or statement shall be posted as prescribed by the department in a place that is easily accessible to such employees.
[ 2025 c 417 s 602; 1995 c 218 s 1; 1989 c 154 s 2. Prior: 1988 c 271 s 7.]
Notes:
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Purpose—1989 c 154: "The purpose of chapter 154, Laws of 1989 is to make corrections to chapter 271, Laws of 1988, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution." [ 1989 c 154 s 1.]
Severability—1989 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 154 s 14.]

catchline: Inspection of construction projects required.


title: RCW 49.26.016

text:
(1) Any owner or owner's agent who allows the start of any construction, renovation, remodeling, maintenance, repair, or demolition without first (a) conducting the inspection and preparing and maintaining the report of the inspection, or preparing and maintaining a statement of assumption of the presence or reasonable certainty of the absence of asbestos, as required under RCW 49.26.013; and (b) preparing and maintaining the additional written description of the project as required under RCW 49.26.120 shall be subject to a mandatory fine of not less than two hundred fifty dollars for each violation. Each day the violation continues shall be considered a separate violation. In addition, any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of RCW 49.26.013 and 49.26.120 shall be halted immediately and cannot be resumed before meeting such requirements.
(2) No contractor may commence any construction, renovation, remodeling, maintenance, repair or demolition project without receiving the copy of the written report or statement from the owner or the owner's agent. Any contractor who begins any project without the copy of the written report or statement shall be subject to a mandatory fine of not less than two hundred and fifty dollars per day. Each day the violation continues shall be considered a separate violation.
(3) The certificate of any asbestos contractor who knowingly violates any provision of this chapter or any rule adopted under this chapter shall be revoked for a period of not less than six months.
(4) The penalties imposed in this section are in addition to any penalties under RCW 49.26.140.
[ 1995 c 218 s 2; 1989 c 154 s 3. Prior: 1988 c 271 s 8.]
Notes:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.

catchline: Inspection of construction projects—Penalties.


title: RCW 49.26.020

text:
Standards regulating the use of asbestos in construction or manufacturing shall be established by the director of the department of labor and industries, with the advice of the state health officer and the department of ecology. Standards to be adopted shall describe the types of asbestos that may be used in construction and manufacturing, the methods and procedures for their use, and such other requirements as may be needed to protect the public health and safety with respect to air-borne asbestos particles and asbestos dust.
[ 1973 c 30 s 2.]

catchline: Asbestos use standards.


title: RCW 49.26.030

text:
Products containing asbestos shall be stored in containers of types approved by the director of the department of labor and industries, with the advice of the state health officer and the department of ecology. Containers of asbestos shall be plainly marked "Asbestos—do not inhale" or other words to the same effect.
[ 1973 c 30 s 3.]

catchline: Containers for asbestos products.


title: RCW 49.26.040

text:
The asbestos use standards required under RCW 49.26.020 and the list of approved container types required under RCW 49.26.030 shall be adopted as regulations of the department of labor and industries. The department shall have the power to implement and enforce such regulations.
[ 1973 c 30 s 4.]

catchline: Regulations—Enforcement.


title: RCW 49.26.100

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Asbestos abatement project" means an asbestos project involving three square feet or three linear feet, or more, of asbestos-containing material.
(2) "Asbestos project" means the construction, demolition, repair, maintenance, remodeling, or renovation of any public or private building or mechanical piping equipment or systems involving the demolition, removal, encapsulation, salvage, or disposal of material, or outdoor activity, releasing or likely to release asbestos fibers into the air.
(3) "Department" means the department of labor and industries.
(4) "Director" means the director of the department of labor and industries or the director's designee.
(5) "Person" means any individual, partnership, firm, association, corporation, sole proprietorship, or the state of Washington or its political subdivisions.
(6) "Certified asbestos supervisor" means an individual who is certified by the department to supervise an asbestos project. A certified asbestos supervisor is not required for projects involving less than three square feet or three linear feet of asbestos-containing material.
(7) "Certified asbestos worker" means an individual who is certified by the department to work on an asbestos project.
(8) "Certified asbestos contractor" means any partnership, firm, association, corporation or sole proprietorship registered under chapter 18.27 RCW that submits a bid or contracts to remove or encapsulate asbestos for another and is certified by the department to remove or encapsulate asbestos.
(9) "Owner" means the owner of any public or private building, structure, facility or mechanical system, or the agent of such owner, but does not include individuals who work on asbestos projects on their own single-family residences no part of which is used for any commercial purpose.
[ 1995 c 218 s 3; 1989 c 154 s 4. Prior: 1988 c 271 s 6; 1985 c 387 s 1.]
Notes:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.

catchline: Asbestos projects—Definitions.


title: RCW 49.26.110

text:
(1) No employee or other individual is eligible to do work governed by this chapter unless issued a certificate by the department.
(2) To qualify for a certificate:
(a) Certified asbestos workers must have successfully completed a four-day training course. Certified asbestos supervisors must have completed a five-day training course. Training courses shall be provided or approved by the department; shall cover such topics as the health and safety aspects of the removal and encapsulation of asbestos, including but not limited to the federal and state standards regarding protective clothing, respirator use, disposal, air monitoring, cleaning, and decontamination; and shall meet such additional qualifications as may be established by the department by rule for the type of certification sought. The department may require the successful completion of annual refresher courses provided or approved by the department for continued certification as an asbestos worker or supervisor. Rules adopted by the department must be: (i) Based on the best available evidence, established best practices, and nationally recognized industry standards; and (ii) the least burdensome to applicants necessary to address safety and health hazards; and
(b) All applicants for certification as asbestos workers or supervisors must pass an examination in the type of certification sought which shall be provided or approved by the department.
These requirements are intended to represent the minimum requirements for certification and shall not preclude contractors or employers from providing additional education or training.
(3) The department shall provide for the reciprocal certification of any individual trained to engage in asbestos projects in another state when the prior training is shown to be substantially similar to the training required by the department. Nothing shall prevent the department from requiring such individuals to take an examination or refresher course before certification.
(4) The department may deny, suspend, or revoke a certificate, as provided under RCW 49.26.140, for failure of the holder to comply with any requirement of this chapter or chapter 49.17 RCW, or any rule adopted under those chapters, or applicable health and safety standards and regulations. In addition to any penalty imposed under RCW 49.26.016, the department may suspend or revoke any certificate issued under this chapter for a period of not less than six months upon the following grounds:
(a) The certificate was obtained through error or fraud; or
(b) The holder thereof is judged to be incompetent to carry out the work for which the certificate was issued.
Before any certificate may be denied, suspended, or revoked, the holder thereof shall be given notice of the department's intention to do so, using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed to the holder's last known address. Before using an electronic method for the first time under this section, the department must provide the holder the option to receive communication through a nonelectronic method. The notice shall enumerate the allegations against such holder, and shall give him or her the opportunity to request a hearing before the department. At such hearing, the department and the holder shall have opportunity to produce witnesses and give testimony.
(5) A denial, suspension, or revocation order may be appealed to the board of industrial insurance appeals within 15 working days after the denial, suspension, or revocation order is entered. The notice of appeal may be filed with the department or the board of industrial insurance appeals. The board of industrial insurance appeals shall hold the hearing in accordance with procedures established in RCW 49.17.140. Any party aggrieved by an order of the board of industrial insurance appeals may obtain superior court review in the manner provided in RCW 49.17.150.
(6) Each person certified under this chapter shall display, upon the request of an authorized representative of the department, valid identification issued by the department.
[ 2026 c 179 s 1; 2026 c 77 s 18; 2011 c 301 s 14; 1995 c 218 s 4; 1989 c 154 s 5. Prior: 1988 c 271 s 10; 1985 c 387 s 2.]
Notes:
Reviser's note: This section was amended by 2026 c 77 s 18 and by 2026 c 179 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.

catchline: Asbestos projects—Worker's and supervisor's certificates.


title: RCW 49.26.115

text:
Before working on an asbestos abatement project, a contractor shall obtain an asbestos contractor's certificate from the department and shall have in its employ at least one certified asbestos supervisor who is responsible for supervising all asbestos abatement projects undertaken by the contractor and for assuring compliance with all state laws and regulations regarding asbestos. The contractor shall apply for certification renewal every year. The department shall ensure that the expiration of the contractor's registration and the expiration of his or her asbestos contractor's certificate coincide.
[ 1995 c 218 s 5; 1989 c 154 s 6. Prior: 1988 c 271 s 11.]
Notes:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.

catchline: Asbestos abatement projects—Contractor's certificate required.


title: RCW 49.26.120

text:
(1) No person may assign any employee, contract with, or permit any individual or person to remove or encapsulate asbestos in any facility unless performed by a certified asbestos worker and under the direct, on-site supervision of a certified asbestos supervisor. In cases in which an employer conducts an asbestos abatement project in its own facility and by its own employees, supervision can be performed in the regular course of a certified asbestos supervisor's duties. Asbestos workers must have access to certified asbestos supervisors throughout the duration of the project.
(2) The department shall require persons undertaking asbestos projects to provide written notice to the department before the commencement of the project except as provided in RCW 49.26.125. The notice shall include a written description containing such information as the department requires by rule. The department may by rule allow a person to report multiple projects at one site in one report. The department shall by rule establish the procedure and criteria by which a person will be considered to have attempted to meet the prenotification requirement.
(3) The department shall consult with the Washington state association of fire chiefs and may establish any additional policies and procedures for municipal fire department and fire district personnel who clean up sites after fires which have rendered it likely that asbestos has been or will be disturbed or released into the air.
[ 2010 1st sp.s. c 7 s 52; 1995 c 218 s 6; 1989 c 154 s 7. Prior: 1988 c 271 s 12; 1985 c 387 s 4.]
Notes:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.

catchline: Asbestos projects—Qualified asbestos workers and supervisor—Prenotification to department—Fire personnel.


title: RCW 49.26.125

text:
Prenotification to the department under RCW 49.26.120 shall not be required for:
(1)(a) Any asbestos project involving less than forty-eight square feet of surface area, or less than ten linear feet of pipe unless the surface area of the pipe is greater than forty-eight square feet. The person undertaking such a project shall keep the reports, or statements, and written descriptions required under RCW 49.26.013 and 49.26.120 which shall be available upon request of the department. Employees and employee representatives may request such reports under RCW 49.26.013(2).
(b) The director may waive the prenotification requirement upon written request of an owner for large-scale, ongoing projects. In granting such a waiver, the director shall require the owner to provide prenotification if significant changes in personnel, methodologies, equipment, worksite, or work procedures occur or are likely to occur. The director shall further require annual resubmittal of such notification.
(c) The director, upon review of an owner's reports, work practices, or other data available as a result of inspections, audits, or other authorized activities, may reduce the size threshold for prenotification required by this section. Such a change shall be based on the director's determination that significant problems in personnel, methodologies, equipment, worksite, or work procedures are creating the potential for violations of this chapter or asbestos requirements under chapter 49.17 RCW. The new prenotification requirements shall be given in writing to the owner and shall remain in effect until modified or withdrawn in writing by the director.
(2) Emergency projects.
(a) As used in this section, "emergency project" means a project that was not planned and results from a sudden, unexpected event, and does not include operations that are necessitated by nonroutine failure of equipment or systems.
(b) Emergency projects which disturb or release any material containing asbestos into the air shall be reported to the department within three working days after the commencement of the project in the manner otherwise required under this chapter. A notice shall be clearly posted adjacent to the worksite describing the nature of the emergency project. The employees' collective bargaining representatives, or employee representatives, or designated representatives, if any, shall be notified of the emergency as soon as possible by the person undertaking the emergency project.
Incremental phasing in the conduct or design of asbestos projects or otherwise designing or conducting asbestos projects of a size less than forty-eight square feet, or other threshold for exemption as provided under this section, with the intent of avoiding prenotification requirements is a violation of this chapter.
[ 1989 c 154 s 8. Prior: 1988 c 271 s 13.]
Notes:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.


title: RCW 49.26.130

text:
(1) The department shall administer this chapter.
(2) The director of the department shall adopt, in accordance with chapters 34.05 and 49.17 RCW, rules necessary to carry out this chapter.
(3) The department shall prescribe fees for the issuance and renewal of certificates, including recertification, and the administration of examinations, and for the review of training courses.
(4) The asbestos account is hereby established in the state treasury. All fees collected under this chapter shall be deposited in the account. Moneys in the account shall be spent after appropriation only for costs incurred by the department in the administration and enforcement of this chapter. Disbursements from the account shall be on authorization of the director of the department or the director's designee.
(5) During the 2003-2005 fiscal biennium, the legislature may transfer from the asbestos account to the state general fund such amounts as reflect the excess fund balance in the account.
[ 2003 1st sp.s. c 25 s 924; 1989 c 154 s 9. Prior: 1988 c 271 s 15; 1987 c 219 s 1; 1985 c 387 s 3.]
Notes:
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.