Workplace Safety
In addition to the duty to provide a safe workplace under the Industrial Insurance system, employers also have a statutory duty under both the federal OSHA as well as the state equivalent WISHA. The federal statute can be found at 29 USC § 651 et seq. and the regulations appear in Title 29 of the Code of Federal Regulations. The state law can be found at RCW 49.17 and the regulations published in the Washington Administrative Code (“WAC”) at Title 296. WISHA is administered by the Washington Department of Labor & Industries. The state administrative enforcement agency involved in WISHA enforcement is the Division of Occupational Safety and Health, known as DOSH. The statutory requirements are numerous and a brief synopsis of the employer requirements are as follows.
2.1 General Safety and Health Standards
The most pervasive employer requirements are contained in Ch. 296-24 WAC, the General Safety and Health Standards. These include a general duty to establish and supervise a “safe and healthful working environment.” WAC 296-24-020. Employers must also have a written accident prevention program pursuant to WAC 296-24-040, safety committees pursuant to WAC 296-24-045 as well as training programs in the field of occupational safety and health. WAC 296-24-020.
2.2 Recordkeeping and Reporting
Under both OSHA and WISHA, regulations require employers to keep accurate records of work-related deaths, injuries, and illnesses, maintain records that deal with workers’ exposure to toxic substances and harmful physical agents, and preserve employee medical records, including employee exposures to potentially harmful conditions or substances, occupational noises, ionizing radiation, asbestos, lead, cotton dust and blood-borne pathogens.
2.3 General Occupational Health Standards
Chapter 296-62 WAC sets forth the occupational health standards applying to all employers which deal with such subjects as access to employee exposure and medical records, hazard communication, respiratory protection, exposure to asbestos, biological agents, lighting and other workplace hazards.
2. 4 Hazard Communication Standard
WISHA requires all employers to identify hazardous chemicals in the workplace and obtain a Material Safety Data Sheet on each for the identified chemicals. In addition, all employees exposed or potentially exposed to a hazardous chemical must be trained concerning the physical and health hazards of the chemicals.
2.5 Compliance and Enforcement
DOSH inspectors have the power to issue citations and determine whether safety violations are serious enough to warrant civil penalties. The Department has the right to carry out compliance inspections to determine whether or not WISHA is being complied with. The right to inspect workplaces is extremely broad and is set forth in RCW 49.17.070. This inspection process involves the right for DOSH representatives to come onto a premise and engage in a walk around inspection to identify work hazards. The inspections will be followed by a closing conference which involves a debriefing of the employer by the DOSH representative regarding the hazards and corrective action. The Department may or may not then issue a citation regarding the workplace hazards. Regardless of whether a citation is issued, employers should take the corrective action recommended at the closing conference. As with the Industrial Insurance Act, employers have the right to appeal citations and the appellate process is extremely similar to the Industrial Insurance process with an internal determination and then the opportunity to appeal to the Board of Industrial Insurance and ultimately to Superior Court.
2.1 General Safety and Health Standards
The most pervasive employer requirements are contained in Ch. 296-24 WAC, the General Safety and Health Standards. These include a general duty to establish and supervise a “safe and healthful working environment.” WAC 296-24-020. Employers must also have a written accident prevention program pursuant to WAC 296-24-040, safety committees pursuant to WAC 296-24-045 as well as training programs in the field of occupational safety and health. WAC 296-24-020.
2.2 Recordkeeping and Reporting
Under both OSHA and WISHA, regulations require employers to keep accurate records of work-related deaths, injuries, and illnesses, maintain records that deal with workers’ exposure to toxic substances and harmful physical agents, and preserve employee medical records, including employee exposures to potentially harmful conditions or substances, occupational noises, ionizing radiation, asbestos, lead, cotton dust and blood-borne pathogens.
2.3 General Occupational Health Standards
Chapter 296-62 WAC sets forth the occupational health standards applying to all employers which deal with such subjects as access to employee exposure and medical records, hazard communication, respiratory protection, exposure to asbestos, biological agents, lighting and other workplace hazards.
2. 4 Hazard Communication Standard
WISHA requires all employers to identify hazardous chemicals in the workplace and obtain a Material Safety Data Sheet on each for the identified chemicals. In addition, all employees exposed or potentially exposed to a hazardous chemical must be trained concerning the physical and health hazards of the chemicals.
2.5 Compliance and Enforcement
DOSH inspectors have the power to issue citations and determine whether safety violations are serious enough to warrant civil penalties. The Department has the right to carry out compliance inspections to determine whether or not WISHA is being complied with. The right to inspect workplaces is extremely broad and is set forth in RCW 49.17.070. This inspection process involves the right for DOSH representatives to come onto a premise and engage in a walk around inspection to identify work hazards. The inspections will be followed by a closing conference which involves a debriefing of the employer by the DOSH representative regarding the hazards and corrective action. The Department may or may not then issue a citation regarding the workplace hazards. Regardless of whether a citation is issued, employers should take the corrective action recommended at the closing conference. As with the Industrial Insurance Act, employers have the right to appeal citations and the appellate process is extremely similar to the Industrial Insurance process with an internal determination and then the opportunity to appeal to the Board of Industrial Insurance and ultimately to Superior Court.