Washington Administrative Code

(1) An employer must establish, maintain, and preserve contemporaneous, true, and accurate records of the following:(a) Each employee's own personal work speed data;(b) The aggregated work speed data for similar employees at the same warehouse distribution center; and(c) The writ…

(1) An employee has the right to request, at any time, a written description of each quota to which the employee is subject, a copy of the employee's own personal work speed data for the prior six months, and a copy of the prior six months of aggregated work speed data for simila…

(1) An employer may not take adverse action against an employee in whole or in part for failing to meet a quota that violates RCW 49.84.030 or this chapter. A quota that violates the law may not be any factor leading to an adverse action by the employer.(2) A person who has adver…

(1) A person including, but not limited to, an employer, his or her agent, or person acting as or on behalf of a hiring entity, or the officer or agent of any entity, business, corporation, partnership, or limited liability company, may not discharge or in any way retaliate, disc…

(1)(a) An employee may file a complaint with the department alleging a violation under this chapter or applicable rules under this section, except for violations and enforcement of RCW 49.84.032 and 49.84.040 and associated rules. The department must investigate the complaint.(b)…

(1) If the department determines that the employer has violated a requirement of WAC 296-136-100, the department may order the employer to pay the department a civil penalty of not less than $1,000 for a first violation. Repeat violations may escalate as follows: The second viola…

(1) If an employee files a complaint with the department alleging that employer has violated a requirement of this chapter or any rule adopted under this chapter resulting in a rest or meal period violation, the department will investigate the complaint pursuant to the procedures…

(1) For enforcement actions under RCW 49.84.045, WAC 296-136-100, and 296-136-120, a person, firm, or corporation aggrieved by a citation and notice of assessment or determination of compliance by the department or any rules adopted under this chapter may appeal the citation and …

(1) An employee or former employee who believes that they were subject to retaliation by their employer, as defined in chapter 49.84 RCW and associated rules, for the exercise of any employee right under chapter 49.84 RCW, may file a complaint with the department within 180 days …

(1) If the department's investigation finds that an employer retaliated against an employee, pursuant to the procedures outlined in WAC 296-136-140, the department may order the employer to pay the department a civil penalty. A civil penalty for an employer's retaliatory action w…

(1) For enforcement actions under RCW 49.84.040 and associated rules, a person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance may, within 30 days after the date of such decision, submit a request for reconsideration to the …

(1) The department may enforce this section by engaging in coordinated and strategic enforcement efforts with the divisions within the department including, but not limited to, the division of fraud prevention and labor standards, the division of occupational safety and health, a…

If any provision of the rules in this chapter, or their application to any person or circumstance is held invalid, the remainder of these rules or their application of the provision to other persons or circumstances is not affected.[Statutory Authority: Chapter 49.84 RCW. WSR 24-…

For the purposes of RCW 49.60.515 and this chapter:(1) "Department" means the department of labor and industries.(2) "Employer" means any person, association, partnership, property services contractor, or public or private corporation, whether for-profit or not, who employs one o…

Every hotel, motel, retail, security guard entity, or property services contractor, who employs an isolated employee, must adopt a sexual harassment policy. Such an employer may comply with this requirement by adopting model sexual harassment policies issued by the Washington sta…

Every hotel, motel, retail, security guard entity, or property services contractor, who employs an isolated employee, must:(1) Provide training before an isolated employee works in isolation and at least annually to the employer's managers, supervisors, and isolated employees wit…

(1) Every hotel, motel, retail, security guard entity, or property services contractor, who employs an isolated employee, must provide a list of resources for the employer's isolated employees to utilize, at least annually and upon request. At a minimum, the resources must includ…

(1) Every hotel, motel, retail, security guard entity, or property services contractor, who employs an isolated employee, must provide a panic button to each isolated employee.(2) Panic buttons must accurately identify the isolated employee's specific location. The location must …

(1) A property services contractor shall submit at least annually, no later than January 31, 2027, and each January 31st thereafter, on a department issued physical or electronic form, the following:(a) The date of adoption of the sexual harassment policy required in RCW 49.60.51…

(1) The department must investigate if a complaint is filed with the department alleging a violation of RCW 49.60.515 or associated rules, or if the department has reason to believe that an employer has committed a violation of RCW 49.60.515 or associated rules.(a) Except when a …

(1) If the department finds a violation of RCW 49.60.515 or this chapter, the department may order the employer to pay the department a civil penalty of $1,000 for each willful violation.(2) For a repeat willful violator, the citation assessing a civil penalty must be at least $2…

(1) It is unlawful for an employer to interfere with, restrain, deny, or take any adverse action against an isolated employee for the exercise of their rights under RCW 49.60.515 or this chapter.(2) The department may enforce allegations of retaliation by an isolated employee, wh…

(1) A person, firm, or corporation aggrieved by a citation assessing a civil penalty issued by the department under this chapter may appeal the citation assessing a civil penalty to the director by filing a notice of appeal with the director within 30 days of the department's iss…

Collections of unpaid citations will be handled pursuant to the procedures outlined in RCW 49.48.086.[Statutory Authority: Chapter 49.60 RCW. WSR 26-01-099, s 296-137-110, filed 12/16/25, effective 1/16/26.]

If any provision of the rules in this chapter, or their application to any person or circumstance is held invalid, the remainder of these rules or their application of the provision to other persons or circumstances is not affected.[Statutory Authority: Chapter 49.60 RCW. WSR 26-…

If any applicable federal, state, or local law or ordinance provides requirements that are more favorable to an isolated employee than the requirements provided under this chapter, that law shall apply.[Statutory Authority: Chapter 49.60 RCW. WSR 26-01-099, s 296-137-130, filed 1…

(1) What is voluntarily retired? The worker is considered voluntarily retired if both of the following conditions are met:(a) The worker is not receiving income, salary or wages from any gainful employment; and(b) The worker has provided no evidence to show a bona fide attempt to…

Gainful employment for wages for the purposes of RCW 51.32.160 shall mean performing work at any regular gainful occupation for income, salary or wages.[Statutory Authority: RCW 51.32.060, 51.32.090, 51.32.160, 51.21.220(6) [51.32.220(6)] and 51.32.240 (1), (2) or (3). WSR 86-18-…

Whenever the director determines whether to exercise the discretion granted by RCW 51.32.240 (1), (2) or (3) or 51.32.220(6) the following shall apply:(1) The decision of the director shall apply to the state fund or to the self-insurer, as the case may be.(2) In the case of reco…

(1) Claims based on mental conditions or mental disabilities caused by stress do not fall within the definition of an occupational disease.Examples of mental conditions or mental disabilities caused by stress that do not fall within occupational disease shall include, but are not…

RCW 51.32.185 specifies a presumption that certain medical conditions are occupational diseases. A presumption of occupational disease applies to firefighters and emergency medical technicians (EMTs) as defined in RCW 41.26.030 (17)(a), (b), (c), and (h) and fire investigators. T…

(1) Tobacco products: For purposes of this rule, tobacco products are limited to those that are smoked, including cigarettes, pipes and cigars.(2) User of tobacco products: For the purposes of this rule, a user of tobacco products is a "smoker."(3) Current smoker: A current smoke…

No. The presumption never applies to current smokers with heart or lung conditions.[Statutory Authority: RCW 51.04.020, 51.32.185. WSR 03-12-046, § 296-14-320, filed 5/30/03, effective 7/1/03.]

(1) Heart problems: The presumption for heart problems applies if a firefighter or EMT as defined in RCW 41.26.030 (17)(a), (b), (c), and (h) or fire investigator is a former smoker and last smoked two years or more prior to the cardiac event. The presumption for heart problems a…

The following table summarizes the situations listed in WAC 296-14-310 through 296-14-325 under which a presumption of coverage may not apply for firefighters and EMTs as defined in RCW 41.26.030 (17)(a), (b), (c), and (h) and fire investigators; and law enforcement officers as d…

(1) Verification that an infectious or contagious disease has been contracted requires written documentation of:(a) A diagnosis from a medical provider made by examination; or(b) A positive test administered or verified by a medical facility, testing facility, pharmacy, or the em…

(1) Verification that an infectious or contagious disease has been contracted requires written documentation of:(a) A diagnosis from a medical provider made by examination; or(b) A positive test administered or verified by a medical facility, testing facility, pharmacy, or the em…

(1) The liable insurer in occupational disease cases is the insurer on risk at the time of the last injurious exposure to the injurious substance or hazard of disease during employment within the coverage of Title 51 RCW which gave rise to the claim for compensation. Such Title 5…

The director at any time may, upon the workers' application to reopen for aggravation or worsening of condition, provide proper and necessary medical and surgical services as authorized under RCW 51.36.010. This provision will not apply to total permanent disability cases, as pro…

(1) Can the department or self-insurer reduce, suspend or deny industrial insurance benefits from a worker? The department or the self-insurer, after receiving the department's order, has the authority to reduce, suspend or deny benefits when a worker (or worker's representative)…

This term is found in RCW 51.32.240(5) which provides a 50 percent penalty, in addition to any overpayment, whenever any payment of benefits has been induced by "willful misrepresentation." The law goes on to state that it is willful misrepresentation for a person to obtain payme…

"Specific intent" means the commission of an act or the omission of information with the knowledge that such an act or omission will lead to wrongfully obtaining benefits. For example, a worker who completes a document knowingly misrepresenting that he/she is unable to perform wo…

(1) Work-type activity means any activity for which a reasonable person would expect to be compensated or for which a reasonable employer would expect to pay compensation.(2) Work-type activity does not mean exploration of a job for a short period of time to determine whether the…

Wage replacement benefits include temporary total disability (time-loss compensation benefits), temporary partial disability (loss-of-earning power benefits), and total permanent disability or survivor benefits (pension).[Statutory Authority: RCW 51.04.010, 51.04.020, and 2004 c …

Overpayments are assessed in cases where there has been willful misrepresentation.When it is determined that a claim was initially accepted as an industrial injury or occupational disease based on willful misrepresentation, the overpayment calculation includes all wage replacemen…

(1) Overpayments are assessed in cases where there has been willful misrepresentation. The overpayment calculation in these claims includes all or part of wage replacement benefits and may include permanent partial disability benefits, vocational, medical benefits, and/or other m…

As provided in RCW 51.32.240, the penalties equal fifty percent of the total overpayment amount.[Statutory Authority: RCW 51.04.010, 51.04.020, and 2004 c 243. WSR 04-20-024, § 296-14-4127, filed 9/28/04, effective 11/1/04.]

The department may impute wages when:• The worker is self-employed; or• Appropriate payroll records are not available; or• The employer is paying the worker in cash or material without maintaining appropriate payroll records; or• There is no employer but the worker has engaged in…

(1) When the worker has performed work or work-type activities within the state of Washington, the department imputes wages based on information collected and reported by the department of employment security. This information may include wages for the same or similar jobs within…

(1) Whenever an application for benefits is filed where there is a substantial question whether benefits shall be paid pursuant to the reopening of an accepted claim or allowed as a claim for a new injury or occupational disease, the department shall make a determination in a sin…