Summary

All workers have the right to a safe workplace, free from avoidable dangers that can cause injury or disease. Government agencies and labor unions work to enforce state and federal laws that help make your workplace safe.

Your employer must:  

• Provide a safe and healthy workplace and follow all safety and health rules.
• Begin and maintain an accident-prevention program. Both employers and workers must be involved in designing the program. The program should meet the particular needs of your workplace.
• Ban alcohol and narcotics from the workplace.
• Prevent workers from using tools and equipment that are not safe.
• Control chemicals.
• Protect workers from the dangers of "biological agents" such as animals or animal waste, body fluids, biological agents in medical research labs (like bacteria), and mold or mildew.
• Post the Job Safety and Health Law employer responsibility and worker rights notice (the WISHA poster), and safety violation citations and notices.
  
• Provide training about job health and safety.
• Keep records of all job-related accidents
• .Hold either regular safety meetings or create an ongoing safety committee (see details below) 

You must: 

• Read the WISHA poster.
• Follow your employer's safety and health rules and wear or use all required gear and equipment.
• Coordinate and cooperate with other workers in order to avoid accidents.
• Report dangerous conditions to a supervisor or safety committee.
• Report any dangerous condition that isn't being fixed, in writing, to the Department of Occupational Safety and Health (DOSH)(see below). 
• Report any job-related injuries or illnesses to your employer and promptly seek treatment.
• Cooperate with government inspectors.

Safety Committees and Safety Meetings:

Under state law, most workplaces must have either regular monthly safety meetings of all employees, or if your employer has eleven or more people working at the same time and the same location, it must set up a workplace safety committee that includes employee representatives and holds regular monthly meetings. See L&I’s page on safety committees: https://lni.wa.gov/safety-health/preventing-injuries-illnesses/create-a-safety-program/safety-meetings-and-committees. Agriculture and construction have different rules—see information on those rules in Section 4.4.

A range of state and federal laws are aimed at protecting worker health and safety. The following agencies can help if there is a health or safety problem at your workplace:

Labor & Industries Division of Occupational Safety and Health (DOSH)

DOSH interprets and enforces state laws on workplace health and safety, and provides education and training. DOSH offers information on core health and safety rules in the workplace, as well as job-specific health and safety rules. DOSH representatives may visit a workplace to inspect unsafe working conditions in response to complaints. DOSH inspectors will look for unsafe machinery, electrical equipment, chemicals, gases or other hazards. The toll-free number for health and safety assistance at L&I/DOSH is 1 (800) 4BE-SAFE. L&I complaint procedures are listed at the end of this chapter.

Occupational Safety & Health Administration (OSHA)

OSHA is the federal government agency that creates workplace health and safety rules. It is a good place to turn if Washington State laws do not cover your particular issue. OSHA contact information is listed in the Resources chapter at the end of this manual.

• First Aid Kits

All Washington businesses are required to have a first aid kit that is easily accessible to all employees at every worksite.

• Ergonomics

Ergonomics is the science studying how people sit, stand or interact with desks or machines. Sitting, standing or stooping for long periods of time can cause serious injury sometimes called “repetitive stress injuries.” For more information on preventing repetitive stress and ergonomics health problems, visit: https://lni.wa.gov/safety-health/preventing-injuries-illnesses/sprains-strains/ergonomics-process

• Hazardous Substances

The Worker Right-to-Know law states that your employer must tell you about dangerous chemicals used in your work area and train you in their proper use. When you start your job and when new hazards come into your workplace, your employer must offer detailed information about the chemicals. For information on Worker Right-to-Know laws, contact DOSH or OSHA. 

• Heat and Water – Outdoor Heat Exposure Rules

Whenever workers are exposed to outdoor heat (52°F when wearing non-breathable clothing and 80°F when wearing all other clothing), the employer must:

• Provide both a sufficient amount of cool drinking water to employees along with opportunities to drink the water.
• Provide adequate shade (or alternative cooling methods) at all times, to allow for access to prevent or respond to heat illness.
• Encourage and allow workers to take paid, preventative cool down rest periods so they don’t overheat. When temperatures are 90°F or hotter, require workers to take additional paid, cool down rest periods of at least 10 minutes every 2 hours. Longer and more frequent breaks are indicated when temperatures continue to rise to 100°F.
• Closely observe employees not acclimatized to the heat, including new employees, those returning from absences, and all workers during a heat wave.
• Have emergency procedures to respond appropriately to any employee with symptoms of heat-related illness.
• Make sure supervisors and employees always have a way to communicate with each other so they can promptly report heat illness and get medical assistance.

See the Department of Labor and Industries Permanent Changes to Outdoor Heat Exposure fact sheet for more information along with the complete rule text.

• Heat and Air Quality – Working Inside

Your employer must provide reasonable air quality that doesn’t make you sick. Restaurants and warehouses, for example, must be air-conditioned or ventilated to be safe (usually 90° F or cooler). Your employer must also ensure that chemicals released from new carpeting or other materials in the workplace won’t make you sick. If you notice something that could be toxic, report it to your employer and DOSH. For more information, visit: https://lni.wa.gov/safety-health/safety-topics/industry/offices

• Transportation

If your employer provides transportation to the job site, the vehicle must be safe, insured, and meet government standards. The number of people in a vehicle, often determined by how many seat belts are available, must be reasonable and safe. 

• Excessive Overtime

Your employer may have to pay you extra for overtime hours depending on your industry (see: Chapter 1: Your Right to be Paid). There is no legal limit to how much overtime your employer can make you work. But, if mandatory overtime is seriously harming your health or safety, you can ask for an L&I investigation.

• Fall Hazards

Washington State requires employers to protect all workers from falls. Your employer must provide training, prevention and equipment based on the work you do. For more information, download this L&I brochure: English  https://lni.wa.gov/forms-publications/f414-154-000.pdf Spanish https://lni.wa.gov/forms-publications/f414-154-999.pdf

• Lock Out/Tag Out Rule

"Lockout" devices, such as combination locks, must be placed on equipment or machinery that could be dangerous if accidentally started up. Your employer should only give the combination to workers that are trained to start and stop the machine. A tag or other eye-catching warning devices should also be put on the machine to show that it may not be operated until the "tag out" device is removed. 

• Breaks and Meals 

You are entitled to regular breaks and meal periods at your workplace. Your employer cannot set unreasonable restrictions on bathroom use.

Adult Entertainment 

All adult entertainment businesses must have an accident prevention program in place that is discussed at workplace meetings which entertainers can attend. In larger workplaces with 11 or more people working at the same time entertainers have the right to pick their own representatives at these meetings separately from supervisors or owners.

The businesses’ accident prevention program must include:  

• Panic buttons: locations and how to use. The panic buttons must be in any room entertainers go alone with a customer, bathrooms, and dressing rooms. The alarm should be silent (see rule for exceptions) and alert a designated responder your location when you activate the alarm. The alarm system must be tested at least annually or more if recommended by the manufacturer, and the business must keep records of all testing, maintenance, problems, and repairs. 
• Dangerous customers: how to report them to the complaint log/blocklist. All businesses must keep records of all accusations that a customer has acted violently including assault, sexual assault, and sexual harassment. If an entertainer provides a statement against the customer supporting their claim, the customer must be banned for at least 3 years. Entertainers cannot be required to give statements – they are voluntary. Information about dangerous customers including names and descriptions must be kept in records and shared with any other adult entertainment businesses under common ownership. 
• Information on how entertainers can report other unsafe work situations 
• How to use and care for personal protective equipment (PPE) 
• What to do in an emergency including how to leave the workplace 

Other workplace safety requirements also apply in adult entertainment workplaces including late night retail worker crime prevention protections as well as general workplace safety protections described in Chapter 4.3.

Agricultural Work

Agricultural work includes farming and ranching. Your employer must ensure that climbing or lifting to plant, maintain or harvest crops, or working with animals is done safely. In addition, there are rules regarding sanitation, safe drinking water, pesticides and insecticides, wildfire smoke, and the availability of medical care.

If you have housing at the farm where you work, your employer also has to make sure that living conditions are safe. There are different sets of rules for working and living conditions. If you have internet access you can also see all safety rules here:https://lni.wa.gov/safety-health/safety-topics/industry/agriculture

For help with agriculture workplace pesticide issues, contact the WA Dept. of Agriculture Pesticide Management Division at (877) 301-4555 or visit their website:

Construction Work

Construction sites are dangerous workplaces, so there are lots of rules and regulation to follow. Employees must be properly trained to operate equipment and machinery; equipment must comply with safety standards, often requiring safety guards and warning labels; and proper clothing and protective equipment must be worn and in some cases, provided by the employer.

Washington courts have ruled that general contractors have a duty to ensure safety for “every employee on the jobsite,” not just its own employees. This includes subcontractors and independent contractors.

Information on health and safety topics for construction sites can be found online at: https://lni.wa.gov/safety-health/safety-rules/rules-by-chapter/?chapter=155

Raising the Bar! - Isolated Worker Protections for Janitors, Guards and Hotel Workers

Washington now provides protections for isolated workers. An isolated worker can be a janitor, security guard, hotel or motel housekeeper or room service attendant who spends a majority of their working hours alone without another coworker present. Employers in these industries must take required precautions to prevent sexual harassment and assault. Under RCW 49.60.515, hotels, motels, retail employers, security guard entities, and property services contractors must:

• Adopt a sexual harassment policy.
• Provide training to managers, supervisors, and employees to prevent sexual harassment, assault, and discrimination, and protections for employees who report law violations.
• Provide a list of resources for employees to report harassment and assault.
• Provide a panic button to certain workers.

See more about statewide isolated worker protections at https://lni.wa.gov/workers-rights/workplace-policies/isolated-worker-protections

Additional Seattle Protections for Hotel Workers

Seattle's new hotel worker protection rules cover harassment by guests, limits on workloads, health insurance and job retention.

The Hotel Employees Safety Protections Ordinance This law requires covered employers to take measures to prevent, address, and respond to guest conduct that is "violent or harassing," which is defined as assault, harassment, non-consensual sexual contact, and indecent exposure. The law covers all hotels with at least 60 rooms. For more info: https://www.seattle.gov/laborstandards/ordinances/hotel-employee-protections/protecting-hotel-employees-from-injury-ordinance
The Protecting Hotel Employees from Injury Ordinance – This law limits the workload of hourly employees who clean the guest rooms of a covered hotel or motel to prevent injuries for hotels with at least 100 rooms. For more info: https://www.seattle.gov/laborstandards/ordinances/hotel-employee-protections/protecting-hotel-employees-from-injury-ordinance
The Improving Access to Medical Care for Hotel Employees Ordinance - The law requires covered employers to make monthly healthcare expenditures to, or on behalf of, covered employees to increase their access to medical care for hotels with at least 100 rooms. For more info: https://www.seattle.gov/laborstandards/ordinances/hotel-employee-protections/improving-access-to-medical-care-for-hotel-employees-ordinance
The Hotel Employees Job Retention Ordinance - This law requires covered employers to provide advanced notice to covered employees of changes in ownership and requires the incoming employer to retain covered employees for a certain time after the change in ownership. For more info: https://www.seattle.gov/laborstandards/ordinances/hotel-employee-protections/hotel-employees-job-retention-ordinance

Restaurant Work

Restaurants contain potential hazards such as hot surfaces, sharp objects, dangerous kitchen equipment, flammable oils and slippery floors. Your employer must set up an accident prevention program (APP) with employee representatives and follow it to make sure that your working conditions are as safe as possible. Your employer is required to tell you about all potentially dangerous equipment and ensure you are trained to competently use the equipment. In some cases, your employer must provide Personal Protective Equipment, such as gloves or masks. Your employer must also do a daily safety check of work areas to make sure there are no new hazards, and make sure employees are following safety rules. For more information on the safety and health rules for restaurants, see: https://lni.wa.gov/safety-health/safety-topics/industry/restaurantss

Temporary Work

In 2021, the Washington Legislature passed a new law on safety for temp workers. Both temp agencies and worksite employers have a joint responsibility to provide a safe workplace free of recognized hazards. Temp agencies are required to:

• inquire about safety conditions, workers tasks, and the worksite employer's safety program before assigning workers;
• provide safety training for hazards the worker is likely to face at the worksite in the preferred language of the employee, and at no expense to the employee.

Employers using temp employees must:

• document and inform temp agencies of hazards;
• provide any specialized safety training necessary;
• maintain records of training;
  
• Inform workers and temp agencies of any safety changes related to new tasks and provide appropriate training;
• An employee may refuse a new job task if they have not been given appropriate training to do the new task.

Other Kinds of Work

Retail workers face the special safety concern of potential robbery. Office workers encounter ergonomics health issues. Health care workers face blood-borne dangers and exposure to dangerous chemicals. In addition, health care, transportation other specialized workers sometimes have limitations on work hours to ensure sufficient rest between shifts. Many workplaces also have rules concerning safe ventilation, lighting, safe entries and exits, fire hazards, crime and workplace violence. For more information on these issues visit the L&I/DOSH website: https://lni.wa.gov/safety-health/safety-rules/rules-by-chapter/

A. Taking Steps to Prevent Infection

COVID Free Workplace – Employers must keep workers who have COVID or are symptomatic out of the workplace for at least five days. As an alternative employers can keep infected employees at work but must take safety precautions like requiring the infected worker be masked, keeping them out of common workspaces for the first five days of infection, physical distancing and increased ventilation.

Education – Employers must educate workers about COVID and how to prevent transmission in the language workers understand best.

Prevention – All employers are required to assess COVID dangers in the workplace and address this in the company’s safety program. Part of this program must include providing hand washing facilities, supplies and to regularly clean and sanitize surfaces.

Masks – Workers are allowed to provide and use their own respirators if it doesn’t create a safety or security issue. Appropriate, fit-tested and NIOSH-approved respirators are still required for healthcare workers working near someone known or suspected to have COVID-19 or anytime the employer requires use of a respirator.

B. When Infection/Outbreaks Strike

Right to Vaccinate and Seek Treatment – Businesses can’t punish workers who take time off to get vaccinated or seek treatment for COVID-19. For more about your right to take care of yourself and your family, see Chapter 2.

Compensation - Frontline workers who contract COVID or whose workplaces are shut down because of a COVID outbreak may be able to use a combination of sick leave, unemployment insurance and paid family and medical leave depending on the specifics.

Record Keeping – Employers must keep a log of all work-related COVID-19 cases and other outcomes and notify the Department of Safety and Health (DOSH) of any hospitalizations or fatalities.

C. Get Support

30 to 90 Days to File a Complaint – Workers must file a safety and health discrimination complaint with L&I DOSH (state safety agency) within 90 days and 30 days for the federal agency (OSHA). See resources below for how to contact L&I DOSH or OSHA.

Protection from Retaliation for Filing Complaints - An employer cannot fire or discriminate against an employee for filing a Coronavirus (or any other) safety-related complaint or testifying against the employer in a safety case. Prohibited discrimination includes an action that would deter a reasonable employee from exercising their legal rights to a safe workplace. This protection includes the right to have their job or an equivalent job restored, back wages, and fines against the employer.

Check your union contract and/or return to work agreement – If you have a union in your workplace, check your union contract and any return-to-work agreement for additional health and safety rights. State and Federal Law are a “floor” below which employers can’t go, and many of our unions have won significant health and safety rights beyond what is provided by the law.

D. More Information

L&I Basic COVID-19 Requirements for All Workplaces (April 12, 2023) English // Spanish

Coronavirus (COVID-19) Information in 36 Languages (WA State Department of Labor & Industries)

Paid Sick Leave and Coronavirus (COVID-19) Common Questions https://lni.wa.gov/agency/outreach/paid-sick-leave-and-coronavirus-covid-19-common-questions

COVID-19 information for workers (WA State Employment Security Department) https://esd.wa.gov/newsroom/covid-19-worker-information (available in Spanish by clicking through on the link and selecting the language)

Advocating for COVID safety at your workplace? Check out the MAD+ policy guide (Masks, Air, Distance and more): English // Spanish

Special rules for healthcare workers: The federal government (OSHA) issued a Healthcare Emergency Temporary Standard (ETS) that provides additional protections to healthcare workers: English // Spanish

E. Resources

WA Labor Center Resources:

Voices of the Pandemic – In partnership with Remove the Gap Productions, we’ve produced a series of short (3-6 min) videos lifting the voices of Washington workers and advocates through the pandemic. See the series on the WA Labor Center website.

COVID-19 Workers’ Rights Webinars – This webinar series produced in the Spring of 2020 is meant to inform and educate our communities amidst the pandemic. See the series on the WA Labor Center website.

Other COVID-19 Resources

Washington State Labor Council COVID-19 Resources for Workers website: English // Spanish

Help for Working Families: Hardship and Disaster relief. Assistance is not restricted to union members and their families through they are given priority: English // Spanish

Washington Department of Health COVID-19 Information: English // Spanish

Washington Department of Health COVID-19 Resources and Recommendations: Includes general and industry-specific guidance, resources and recommendations. Some materials are in multiple languages.

National Health and Safety Resources

Natl. Council for Occupational Safety and Health (NCOSH) Coronavirus Resources

Am I Safe at Work (AFL-CIO)

Summary

Whether you're being pressured to have sex with your boss or forced to listen to foul language or slurs, harassment and bullying of all types can create an unsafe, hostile work environment. While federal and state laws are limited in defining illegal behavior, that does not mean what you’re experiencing is acceptable. This section will guide you in understanding your rights and how to navigate hostile workplace environments.

Harassment: Under federal and WA state law it is illegal to harass a person in any aspect of employment because of that person’s race, color, ethnicity, gender, religion, sexual orientation, or other legally protected status. Harassment can include slurs, offensive or derogatory remarks about a person’s identity, or the display of offensive symbols. Harassment against someone because of their protected status can be illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim of the harassment being fired or demoted).See the Discrinination section to get a comprehensive list of protected statuses and guidance on how to defend your rights. 

Workplace bullying typically involves malicious behavior such as deliberate insults, threats, demeaning comments, constant criticism, overbearing supervision, profane outburst, blatant ostracism, being overworked, or simply not communicating with colleagues. More subtle forms of bullying can include withholding or supplying incorrect work-related information, sabotaging projects, passive-aggressive behavior, blocking promotions, providing unclear or contradictory instructions, or requesting unnecessary or menial work.

Generally, it is not illegal for your boss to harass you unless it is done for an illegal reason. The law does not require that your boss be nice, kind or fair, only that your boss does not treat you differently because of your age, sex, race, religion, national origin, disability, or other protected status. However, if bullying starts as retaliation against an employee who has reported ethical concerns about the company, the employee may be protected under whistleblower statutes. Workers represented by a union can report the bullying to their Union Representative and seek support in addressing the behavior with workplace management. Learn more about bullying at: https://www.workplacefairness.org/workplace-bullying

Assault/Workplace Violence: If you have experienced sexual assault or physical violence at work, report it immediately to your supervisor and/or the police, and detail the incident in writing. If you have been threatened at your workplace and your supervisor or employer does not act, or the threat of further violence is serious, report it to the local police.

If you feel that you were the victim of violence because your employer violated the general duty to provide a safe workplace, you can file a complaint with OSHA and the WA Department of Labor & Industries. Employers are not automatically liable for violent acts committed by their employees. However, if your employer could have or should have known that one of their employees had violent tendencies, they may be liable for injuries caused by that employee.

Documenting and reporting threatening behavior when it happens will help you in holding your employer accountable if they fail to respond adequately to your concerns. Workers' compensation laws require employers to pay for injuries suffered by an employee on the job. Furthermore, employers are required by OSHA to provide a safe work environment for their employees.

Washington’s Crime Victims Compensation Program (CVCP) assists crime victims who suffer bodily injury or severe emotional stress from a crime classified as a gross misdemeanor or felony, and who are providing reasonable cooperation with law enforcement in the investigation and prosecution of the offender. CVCP covers: medical/dental benefits; lost wages; medication coverage; mental health treatment; grief counseling; and funeral expenses. CVCP is a last payer of benefits, you must use your primary insurance first. To learn more about the compensation program, go to https://lni.wa.gov/claims/crime-victim-claims/who-can-file-and-what-is-covered/

New for 2020! Workplace Violence Prevention in Health Care Settings

Beginning in 2020, Washington health care facilities, including mental health and home health services, must update their violence prevention plans regularly and provide updated training to employees (RCW Chapter 49.19). See the legislative summary here: https://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bill%20Reports/House/1931-S%20HBR%20FBR%2019.pdf

The Washington State Department of Labor & Industries (L&I), Division of Occupational Safety and Health (DOSH) is responsible for administering the requirements for worker health and safety in Washington.

Generally speaking, you have the right to refuse to do unsafe work, but you should stay at the jobsite and try to find safe work to do until your shift ends or you are asked to leave.

If you have a safety committee in your workplace, you can also tell the committee. Your employer might simply correct the issue and solve the problem. But if your employer doesn’t fix it and you are still concerned about the issue, you can file a complaint with DOSH. 

Information for Federal Employees

If you are a federal employee, a non-federal employee working on federal reservations or military bases, employed on a floating worksite (dry docks, fishing boats or construction barges), or employed by a tribal employer on tribal lands in Washington State, then you should visit the  federal agency OSHA’s website or call (800) 321-OSHA [6742]

Filing a Complaint

Complaints must be made in writing. You can use an online form available in English or Spanish, or you can just write DOSH a letter explaining who you are and describing the problem. 

You can call DOSH for more information about how to make your complaint and about the complaint process at 1 (800) 4BE-SAFE (interpreter services are available). You can also find information online and file complaints at the DOSH Complaints website.

If you are injured at work or develop an occupational (work-related) disease, you can apply for workers’ compensation. If you need medical treatment for your injury or illness you may be entitled to help in paying for treatment. You may also be entitled to receive partial lost wages if illness or injury stopped you from being able to work. All employees have the right to receive workers’ compensation, including undocumented workers.

Learn more in the On the Job Injury or Diagnosis of an Occupational Disease section under Chapter 2: Your Right to Care for Yourself and Family.

Summary

Immigration officers are not allowed to enter private (employee-only) areas of your workplace — whether it is a factory, store, farm, or orchard — without either the owner’s permission or a judicial warrant signed by a judge. If an officer does get permission, the officer can ask you questions about your immigration status.

• You have the right to keep silent. You don’t even have to tell the agent your name.
• You have the right to talk to a lawyer before answering any questions. You can tell the officer, "I wish to talk to a lawyer," in answer to any question.
• If you hire an attorney, speak only through your attorney.
• Do not tell the immigration officer where you were born or your immigration status.
• Do not show the officer your papers or any immigration documents. If the officer asks you for your papers, tell the officer, "Please speak to my lawyer."

The Washington Immigrant Solidarity Network (WAISN) has a Hotline (Call 844-724-3737) to find out more about what’s going on in your community and to report ICE issues, or see the handout at their website: https://www.waisn.org/keep-washington-working

If you are approached by Police on the Street While Waiting for Work

The police often approach day laborers while they are gathering for work on street corners. In some places, day laborers and organizers have formed a respectful relationship with the police. If you can, work with a trusted community group or worker center to learn about your rights and to make a plan of action for dealing with the police. 

Raising the Bar! 

City of Seattle Police Officers are not supposed to ask you about your immigration status. If they do, you do not have to answer. 

If You Are Approached By The Police:

• The most important thing to remember is to stay calm and do not run because you may not be in any trouble. Running may give the police a reason to hold you. 
• Never give a police officer false identification or immigration-related documents.
• Regardless of your immigration status, you have the right to not answer the police officer’s questions. However, refusing to speak with the police can make them suspicious.
• You should ask if you are free to leave. If the officer answers, "yes," then you should walk away from the street corner. 

FAQs:

Can the Police Ticket or Arrest Me for Looking for Work on a Street Corner or Other Public Space?

Most likely, yes. Many cities have laws that forbid loitering and blocking traffic. Some of these laws make it illegal to look for work in particular places. Day labor organizers in some areas have worked with police to identify places workers can wait for work or address traffic and neighborhood concerns without ticketing workers.

What Should I do if Police Ticket or Arrest Me?

You should remain silent and say, "I am asserting my right to remain silent. I want to speak to an attorney. I do not consent to a search." Once a ticket is issued or you have been arrested, do not argue with the officer. The police can and will use anything you say against you. Carry a card that states you wish to exercise your right to remain silent. If the police start asking questions, present the card to the police and remain silent. 

If possible, carry the name and contact information for an attorney or community organization who can give you advice in case you are arrested.