Title 49, Title 49 LABOR REGULATIONS
44 chapters · 702 sections in this title.
RCW 49.17.010 Purpose.
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The legislature finds that personal injuries and illnesses arising out of conditions of employment impose a substantial burden upon employers and employees in terms of lost production, wage loss, medical expenses, and payment of benefits under the industrial insurance act. Theref…
RCW 49.17.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1)(a) "Agriculture" means farming and includes, but is not limited to:(i) The cultivation and tillage of the soil;(ii) Dairying;(iii) The production, cultivation, growing,…
RCW 49.17.022 Legislative findings and intent—Definition of agriculture.
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The legislature finds that the state's farms are diverse in their nature and the owners, managers, and their employees continually find new ways to plant, raise, harvest, process, store, market, and distribute their products. The legislature further finds that the department of l…
RCW 49.17.030 Application of chapter—Fees and charges.
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This chapter shall apply with respect to employment performed in any workplace within the state. The department of labor and industries shall provide by rule for a schedule of fees and charges to be paid by each employer subject to this chapter who is not subject to or obtaining …
RCW 49.17.040 Rules and regulations—Authority—Procedure.
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The director shall make, adopt, modify, and repeal rules and regulations governing safety and health standards for conditions of employment as authorized by this chapter after a public hearing in conformance with the administrative procedure act and the provisions of this chapter…
RCW 49.17.041 Agricultural safety standards—Limitation on adopting or establishing between January 1, 1995, through January 15, 1996—Requirements.
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(1)(a) Except as provided in (b) of this subsection, no rules adopted under this chapter amending or establishing agricultural safety standards shall take effect during the period beginning January 1, 1995, and ending January 15, 1996. This subsection applies, but is not limited …
RCW 49.17.050 Rules and regulations—Guidelines—Standards.
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In the adoption of rules and regulations under the authority of this chapter, the director shall:(1) Provide for the preparation, adoption, amendment, or repeal of rules and regulations of safety and health standards governing the conditions of employment of general and special a…
RCW 49.17.055 WISHA advisory committee—Appointment of members—Duties—Terms, compensation, and expenses.
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The director shall appoint a WISHA advisory committee composed of ten members: Four members representing subject workers, each of whom shall be appointed from a list of at least three names submitted by a recognized statewide organization of employees, representing a majority of …
RCW 49.17.060 Employer—General safety standard—Compliance.
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Each employer:(1) Shall furnish to each of his or her employees a place of employment free from recognized hazards that are causing or likely to cause serious injury or death to his or her employees: PROVIDED, That no citation or order assessing a penalty shall be issued to any e…
RCW 49.17.062 Employer—Public health emergency—Infectious or contagious diseases—Positive tests—Reporting, duty, and procedure.
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(1) During a public health emergency:(a) An employer with more than 50 employees at a workplace or worksite, within 24 hours of confirming that 10 or more of their employees at the workplace or worksite in this state have tested positive for the infectious or contagious disease t…
RCW 49.17.064 Employer—Public health emergency—Infectious or contagious diseases—Notice of potential exposure.
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(1) During a public health emergency, if an employer receives a notice of potential exposure to the infectious or contagious disease that is the subject of the public health emergency, the employer must, within one business day of potential exposure:(a) Provide written notice to …
RCW 49.17.070 Right of entry—Inspections and investigations—Subpoenas—Contempt.
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(1) Subject to subsections (2) through (5) of this section, the director, or his or her authorized representative, in carrying out his or her duties under this chapter, upon the presentation of appropriate credentials to the owner, manager, operator, or on-site person in charge o…
RCW 49.17.075 Search warrants.
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The director may apply to a court of competent jurisdiction for a search warrant authorizing access to any factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed by an employee of an employer. The court may upon such app…
RCW 49.17.080 Variance from safety and health standards—Application—Contents—Procedure.
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(1) Any employer may apply to the director for a temporary order granting a variance from any safety and health standard promulgated by rule or regulation under the authority of this chapter. Such temporary order shall be granted only if the employer files an application which me…
RCW 49.17.090 Variance from safety and health standards—Notice—Hearing—Order—Modification or revocation.
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Any employer may apply to the director for an order for a variance from any rule or regulation establishing a safety and health standard promulgated under this chapter. Affected employees shall be given notice of each such application and in the manner prescribed by RCW 49.17.080…
RCW 49.17.100 Inspection—Employer and employee representatives.
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A representative of the employer and an employee representative authorized by the employees of such employer shall be given an opportunity to accompany the director, or his or her authorized representative, during the physical inspection of any workplace for the purpose of aiding…
RCW 49.17.110 Compliance by employee—Violations—Notice—Review.
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Each employee shall comply with the provisions of this chapter and all rules, regulations, and orders issued pursuant to the authority of this chapter which are applicable to his or her own actions and conduct in the course of his or her employment. Any employee or representative…
RCW 49.17.120 Violations—Citations—Notice of identified hazard.
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(1) If upon inspection or investigation the director or the director's authorized representative believes that an employer has violated a requirement of RCW 49.17.060, or any safety or health standard promulgated by rule adopted by the director, or the conditions of any order gra…
RCW 49.17.130 Violations—Dangerous conditions—Citations and orders of immediate restraint—Restraints—Restraining orders.
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(1) If upon inspection or investigation, the director, or his or her authorized representative, believes that an employer has violated a requirement of RCW 49.17.060, or any safety or health standard promulgated by rules of the department, or any conditions of an order granting a…
RCW 49.17.140 Appeal to board—Notification of assessment of penalty—Final order—Procedure—Redetermination—Hearing—Rules.
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(1) If after an inspection or investigation the director or the director's authorized representative issues a citation under the authority of RCW 49.17.120 or 49.17.130, the department, within a reasonable time after the termination of such inspection or investigation, shall noti…
RCW 49.17.150 Appeal to superior court—Review or enforcement of orders.
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(1) Any person aggrieved by an order of the board of industrial insurance appeals issued under *RCW 49.17.140(3) may obtain a review of such order in the superior court for the county in which the violation is alleged to have occurred, by filing in such court within thirty days f…
RCW 49.17.160 Discrimination against employee filing complaint, instituting proceedings, or testifying prohibited—Procedure—Remedy.
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(1) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding …
RCW 49.17.170 Injunctions—Temporary restraining orders.
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(1) In addition to and after having invoked the powers of restraint vested in the director as provided in RCW 49.17.130 the superior courts of the state of Washington shall have jurisdiction upon petition of the director, through the attorney general, to enjoin any condition or p…
RCW 49.17.180 Violations—Civil penalties.
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(1) Except as provided in RCW 43.05.090, any employer who willfully or repeatedly violates the requirements of RCW 49.17.060, of any safety or health standard adopted under the authority of this chapter, of any existing rule or regulation governing the conditions of employment ad…
RCW 49.17.190 Violations—Criminal penalties.
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(1) Any person who gives advance notice of any inspection to be conducted under the authority of this chapter, without the consent of the director or his or her authorized representative, shall, upon conviction be guilty of a gross misdemeanor and be punished by a fine of not mor…
RCW 49.17.200 Confidentiality—Trade secrets.
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All information reported to or otherwise obtained by the director, or his or her authorized representative, in connection with any inspection or proceeding under the authority of this chapter, which contains or which might reveal a trade secret shall be considered confidential, e…
RCW 49.17.210 Research, experiments, and demonstrations for safety purposes—Confidentiality of information—Variances.
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The director is authorized to conduct, either directly or by grant or contract, research, experiments, and demonstrations as may be of aid and assistance in the furtherance of the objects and purposes of this chapter. Employer identity, employee identity, and personal identifiers…
RCW 49.17.220 Records—Reports—Notice to employee exposed to harmful materials.
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(1) Each employer shall make, keep, and preserve, and make available to the director such records regarding his or her activities relating to this chapter as the director may prescribe by regulation as necessary or appropriate for the enforcement of this chapter or for developing…
RCW 49.17.230 Compliance with federal act—Agreements and acceptance of grants authorized.
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The director is authorized to adopt by rule any provision reasonably necessary to enable this state to qualify a state plan under section 18 of the Occupational Safety and Health Act of 1970 (Public Law 91-596, 84 Stat. 1590) to enable this state to assume the responsibility for …
RCW 49.17.240 Safety and health standards.
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(1) The director in the promulgation of rules under the authority of this chapter shall establish safety and health standards for conditions of employment of general and/or specific applicability for all industries, businesses, occupations, crafts, trades, and employments subject…
RCW 49.17.243 Safety and health investment projects—Grants or contracts—Rules.
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(1) The director is authorized to provide funding from the medical aid fund established under RCW 51.44.020, by grant or contract, for safety and health investment projects for workplaces insured for workers' compensation through the department's state fund. This shall include pr…
RCW 49.17.250 Voluntary compliance program—Consultation and advisory services.
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(1) In carrying out the responsibilities for the development of a voluntary compliance program under the authority of RCW 49.17.050(8) and the rendering of advisory and consultative services to employers, the director may grant an employer's application for advice and consultatio…
RCW 49.17.260 Statistics—Investigations—Reports.
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In furtherance of the objects and purposes of this chapter, the director shall develop and maintain an effective program of collection, compilation, and analysis of industrial safety and health statistics. The director, or his or her authorized representative, shall investigate a…
RCW 49.17.270 Administration of chapter.
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The department shall be the sole and paramount administrative agency responsible for the administration of the provisions of this chapter, and any other agency of the state or any municipal corporation or political subdivision of the state having administrative authority over the…
RCW 49.17.280 Agricultural workers and handlers of agricultural pesticides—Coordination of regulation and enforcement with department of agriculture.
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(1) As used in this section, "federal worker protection standard" or "federal standard" means the worker protection standard for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection agency in 40 C.F.R., part 170 as it …
RCW 49.17.285 Medical monitoring—Records on covered pesticides—Reports.
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Employers whose employees receive medical monitoring under chapter 296-307 WAC, Part J-1, shall submit records to the department of labor and industries each month indicating the name of each worker tested, the number of hours that each worker handled covered pesticides during th…
RCW 49.17.288 Cholinesterase monitoring—Reports.
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By January 1, 2005, January 1, 2006, and January 1, 2007, the department of labor and industries shall report the results of its data collection, correlation, and analysis related to cholinesterase monitoring to the house of representatives committees on agriculture and natural r…
RCW 49.17.300 Temporary worker housing—Electricity—Storage, handling, preparation of food—Rules.
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By December 1, 1998, the department of labor and industries shall adopt rules requiring electricity in all temporary worker housing and establishing minimum requirements to ensure the safe storage, handling, and preparation of food in these camps, regardless of whether individual…
RCW 49.17.310 Temporary worker housing—Licensing, operation, and inspection—Rules—Definition.
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The department and the department of health shall adopt joint rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. For the purposes of this section "temporary worker housing" has the same meaning as given in RCW 70.114A.020.…
RCW 49.17.320 Temporary worker housing operation standards—Departments' agreement—Enforcement—Definition.
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By December 1, 1999, the department and the department of health shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards.The agreement shall, to the extent fea…
RCW 49.17.350 Flaggers.
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(1) The director of the department of labor and industries shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards governing flaggers.(2) The transportation commission shall adopt permanent rules that take effect no later than March…
RCW 49.17.400 Construction crane safety—Definitions.
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The definitions in this section apply throughout this section and RCW 49.17.420 through 49.17.445 unless the context clearly requires otherwise.(1) "Apprentice operator or trainee" means a crane operator who has not met requirements established by the department under RCW 49.17.4…
RCW 49.17.410 Construction crane safety—Application.
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(1) RCW 49.17.400 through 49.17.430 apply to cranes used with or without attachments.(2) RCW 49.17.400 through 49.17.430 do not apply to:(a) A crane while it has been converted or adapted for a nonhoisting or nonlifting use including, but not limited to, power shovels, excavators…
RCW 49.17.420 Construction crane certification program—Rules—Certificate of operation.
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(1) The department shall establish, by rule, a crane certification program for cranes used in construction. In establishing rules, the department shall consult nationally recognized crane standards.(2) The crane certification program must include, at a minimum, the following:(a) …
RCW 49.17.430 Qualified construction crane operators—Rules—Apprentice operators or trainees—Reciprocity.
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(1) Except for training purposes as provided in subsection (3) of this section, an employer or contractor shall not permit a crane operator to operate a crane unless the crane operator is a qualified crane operator.(2) The department shall establish, by rule, requirements that mu…
RCW 49.17.435 Construction crane safety—Permits—Application—Timelines—Appeals.
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(1) The department shall establish, by rule, a permit for the performance of any work involving the operation, assembly, disassembly, or reconfiguration of a tower crane, subject to the requirements of subsection (2) of this section.(2) The tower crane permit established by rule …
RCW 49.17.440 Construction crane safety—Rules—Implementation.
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(1) The department of labor and industries shall adopt rules necessary to implement RCW 49.17.400 through 49.17.445.(2) The department shall adopt rules for tower crane assembly, disassembly, and reconfiguration including, but not limited to:(a) A process for determining when the…
RCW 49.17.445 Construction crane safety—Manufacturer instructions and guidelines.
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A tower crane manufacturer and distributor shall, without exception, provide all relevant manufacturer operation instructions and guidelines, including assembly, disassembly, and reconfiguration instructions, for the safe use and maintenance of all of the manufacturer's or distri…
RCW 49.17.460 Definitions.
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The definitions in this section apply throughout RCW 49.17.465, this section, and section 1, chapter 39, Laws of 2011 unless the context clearly requires otherwise.(1) "Antineoplastic drug" means a chemotherapeutic agent that controls or kills cancer cells.(2) "Hazardous drugs" m…
RCW 49.17.465 Handling hazardous drugs—Health care facilities—Rules.
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The director of labor and industries shall adopt by rule requirements for the handling of antineoplastic and other hazardous drugs in health care facilities regardless of the setting. Rule making under this section shall consider input from hospitals, organizations representing h…