Workplace Safety and Health Matters
Newspaper accounts of workplace deaths often
quote a company representative or family member
who said, “it was a tragic and unfortunate
accident” or “it was a freak accident.”
In reality, most workplace deaths, injuries and
occupational diseases can be prevented. Too often,
workplace safety and health rules intended to
prevent “accidents” have not been followed, and a
worker suffers a painful and sometimes disabling
injury. Although Washington State has one of the
lowest fatality rates in the United States, one or two
workers dies here each week from a work-related
injury or illness.
Prevention takes dedication and work. It is
not something that can be accomplished as an
afterthought
—
when there is a lull in production
or during a staff meeting. It takes an ongoing
commitment by employers, workers and the
Washington State Department of Labor &
Industries (L&I).
A Guide to Workplace Safety and Health in Washington
State provides an overview of worker safety
and health in Washington State. It outlines
employers’ and workers’ responsibilities and L&I’s
requirements and services, all intended to prevent
injuries and illnesses and save lives.
Contents
Understanding the Washington Industrial Safety
and Health Act.......................................1
Help from L&I: Creating and Maintaining a
Safe Workplace......................................2
What an Employer Can Expect from a Workplace
Safety and Health Inspection..........................4
Rule Making .........................................6
Info for Employers....................................7
Info for Workers .....................................8
Where to Go for Help ........................back cover
1
Understanding the Washington Industrial Safety and Health Act
What is WISHA?
WISHA is the Washington Industrial Safety and
Health Act, Chapter 49.17 RCW, enacted in 1973 by
the Washington State Legislature. The purpose of this
law is to ensure that Washington’s employers provide
their workers with safe and healthy workplaces.
The Department of Labor & Industries (L&I)
administers WISHA through its Division
of Occupational Safety and Health (DOSH).
Washington is one of 27 states that administers its
own workplace safety and health program.
The federal Occupational Safety and Health
Administration (OSHA) enforces safety and health
requirements in the remaining states. OSHA monitors
and partially funds DOSH.
Where does WISHA apply?
WISHA covers nearly all employers and employees
in Washington State, including state, county and
city employees. Exceptions are federal agencies and
workplaces on federal installations.
What are employers’ responsibilities
under WISHA?
Employers must provide a safe and healthy workplace
and comply with applicable workplace safety and
health rules. Employers may want to read more on
this subject on Page 7.
WISHA requires employers to keep job sites safe for
all employees, whether they work for the employer,
a contractor, a subcontractor or someone else. For
more information, read A Guide to Hiring Independent
Contractors in Washington State (F101-063-000). It is
available online at www.Lni.wa.gov/go/F101-063-000.
What are workers’ responsibilities
under WISHA?
Workers must comply with workplace safety and
health rules that apply to their actions on the job.
Workers may want to read more on this subject on
Pages 8–9.
What are L&I’s responsibilities?
The Washington Industrial Safety and Health
Act (WISHA) gives L&I primary responsibility
for overseeing workplace safety and health in
Washington State. L&I’s Division of Occupational
Safety and Health carries out this responsibility by:
Implementing rules to reduce or eliminate
workplace hazards.
Conducting no fee on-site consultations to help
employers identify and x workplace hazards.
Providing education, training tools and resources.
Inspecting workplaces.
Investigating WISHA discrimination complaints.
2
Help from L&I: Creating and Maintaining a Safe Workplace
Creating and maintaining a safe workplace
begins with Washington State’s “safety and health
core rules.” These rules explain the minimum
requirements for safe workplaces that employers must
follow. They specically address:
Employer responsibilities for safe workplaces.
Accident prevention program/safety committees.
Personal protective equipment.
Chemical hazard communication.
In addition to the core rules, other rules apply to specic
industries
—
for example, noise control, conned space,
forklift safety and respiratory protection.
L&I offers a variety of services to help employers
understand and comply with workplace safety and
health rules, protect their employees, and lower
workers’ compensation costs.
Consultations
DOSH offers three types of consultations to help
employers provide safe and healthy workplaces.
Safety and/or health. These consultations help
employers c omply with WISHA rules, recognize
hazards, and x hazards before injuries occur.
-
A safety consultation focuses on physical
hazards and procedures, such as machine
guarding, fall protection or energy control
(lockout/tagout). An industrial hygienist
conducts health consultations for issues such as
hazardous chemicals, noise control or conned
space. An employer can request either or both.
Sprains and strains prevention (also known
as ergonomics). These consultations show
employers how the design of workstations, work
practices and work ow can create the best t
between people and their work.
-
By learning how to reduce potential hazards
for sprains, strains and other similar injuries,
employers can minimize risks to their workers,
and maximize productivity and prots.
Risk management. These consultations help
employers see the connection between safe
workplaces and prots
—
the impact injuries have
on workers’ compensation premiums, “claim-
free” discount, and other business costs.
For more information, visit www.Lni.wa.gov/
DOSHConsultation or call 1-800-423-7233, or read
Safety and Health Consultation Brochure (F417-209-000),
available online at www.Lni.wa.gov/go/F417-209-000.
Training Tools and Information
The Safety and Health section of L&I’s website
contains numerous tools and educational
materials for employers and their workers. Go to
www.Lni.wa.gov/safety-health and nd the resources
you need. They include:
List of top 10 cited violations
Safety and health topic search
Online videos and training courses,
including webcasts
Employee training kits, required training and
plans for instructors
Hazard alerts and fatality bulletins
Educational pamphlets, posters and stickers
3
Safety and Health Video Library
The library contains a large video and DVD
collection, with more than 1,000 titles covering a
wide variety of workplace safety and health topics.
There are over 100 online videos to view on YouTube
and some that require a current Borrower Account
ID number. Complete descriptions are available on
the web at www.Lni.wa.gov/Videos. Videos can be a
useful training tool or help build awareness in safety
committee meetings. They are available for loan to
any Washington State resident. The only cost is return
shipping using a traceable method.
To learn more:
Visit www.Lni.wa.gov/Videos
Call 1-800-574-9881 or 360-902-5444
Send an email to SHVideo@Lni.wa.gov
Governor’s Industrial Safety and
Health Conference
The Governor’s Industrial Safety and Health Advisory
Board and L&I co-sponsor this annual two-day
conference. Its purpose is to provide the latest tools,
technologies and strategies for workplace safety and
health. More than 15 different industries hold sessions
on topics specic to their industry.
In addition to the annual conference, the Board and
L&I present several industry-specic events, including
Agriculture Safety Day and Construction Safety Day.
To learn more:
Visit www.gishab.org
Call 1–888-451-2004
4
What an Employer Can Expect from a Workplace Safety and Health Inspection
By law, DOSH conducts compliance inspections in
addition to providing consultations, education and
training. Inspections help ensure that employers comply
with workplace safety and health rules. The terms
“compliance,” “enforcement,” and “inspections” all
describe the inspection process, found in WAC 296-900.
What is the purpose of a workplace inspection?
A workplace inspection helps an employer discover any
potential hazards within the workplace and determines
if applicable minimum workplace safety and health
rules have been followed. Compliance Safety and Health
Ofcers (CSHOs) conduct inspections.
A safety inspector is a CSHO who specializes in
physical hazards or procedural problems, such
as inadequate machine guards, stair railings or
equipment lockout procedures.
An industrial hygienist is a CSHO who specializes
in occupational health hazards, such as chemical
vapors, asbestos, respirator issues and noise.
Safety inspectors and industrial hygienists may work
together. For example, a safety inspector identifying
potential hazards in a factory may have concerns
about the level of noise and ask for an industrial
hygienist to check noise levels.
When does DOSH inspect workplaces?
As required by law, DOSH conducts inspections without
advance notice and in the following order of priority:
1. “Imminent danger” situations, where death
or serious physical injury could happen
immediately.
2. Workplace fatalities and hospitalizations.
3. Amputations or loss of an eye.
4. Complaints and referrals concerning potentially
hazardous conditions.
5. Follow-up or monitoring inspections.
6. Scheduled inspections. DOSH uses objective
factors such as claim history, injury/illness rates,
and the safety performance of industries to plan
scheduled or “routine” inspections. A special
emphasis program focusing on a high-hazard
industry may also be established within the
state or required nationwide by the federal
Occupational Safety and Health Administration.
I’m an employer. What should I know
about inspections?
There are three parts to an inspection: the opening
conference, the walk-around inspection and the
closing conference.
Opening Conference
An “opening conference” is the rst part of the
inspection. The inspector will present credentials,
request permission to enter the work site, and outline
the reason for and scope of the inspection. The
inspector will verify the legal name of your business,
your UBI number, industrial insurance account
number, how many employees you have and other
general information.
Other documents the inspector will ask to see include
your written accident prevention program, any other
required safety programs and your injury and illness logs.
Employee representatives must be included in the
opening conference, unless you or your employees’
representatives request a separate opening
conference. In such a case, both have the right to a
written summary of the other’s opening conference.
The opening conference allows the inspector to
explain what to expect during the inspection itself and
discuss your rights and responsibilities. These include:
Condentiality. The inspector is required to
keep certain information condential to protect
your business. Trade secrets such as formulas,
processes, patterns and blueprints will not be
revealed, to the extent protected by law. The
inspector may also need to have condential
discussions with employees.
Representation. You or your representative and
a representative authorized by your employees
may accompany the inspector. The inspector will
talk with some of your employees about safety
and health conditions on the job site, especially if
they do not have an authorized representative.
5
Participation. By law, your employees must be
allowed to participate in the inspection and must
be paid for this time. They may not be red,
demoted or otherwise discriminated against
if they talk with the inspector, le a complaint
about potentially hazardous conditions,
or exercise any other legal right under the
Washington Industrial Safety and Health Act.
Walk-around Inspection
During the “walk-around” inspection, the inspector
will look for any potential hazards that might
endanger your employees, take notes and possibly
photographs. For example, the inspector may look
closely at the guards on machinery or take small
samples of material for laboratory analysis. You have
a right to accompany the inspector and ask questions
about how to correct any problems discovered
The inspector will also determine whether you have
complied with state and federal record-keeping
requirements and whether you have posted the
necessary documents, including the Job Safety
and Health Law poster (F416-081-909), that inform
your employees of their rights under the law. See
www.Lni.wa.gov/RequiredPosters.
Closing Conference
The inspector will discuss any hazards discovered,
ways to correct the hazards and deadlines for
correcting them. You also will be told of any potential
monetary penalties related to any violations and
how you can appeal the ndings of the inspection.
By law, any hazard identied as “serious” carries a
mandatory penalty. The monetary penalties you pay
will be deposited into the supplemental pension fund,
which provides disability pensions and survivor
benets to injured workers and their families.
During the closing conference, it is important that you
provide any additional information that you want the
inspector to consider.
Employee representatives must be included in a joint
closing conference. However, either the employer
or employee representatives may request a separate
closing conference.
What happens after the inspection?
You must correct hazards. You will receive a “Citation
and Notice of Assessment” (Citation and Notice) in
the mail. It will include any violations the inspector
found, the monetary penalty(ies) associated with the
violations, what you must do to correct the hazards
and how long you have to correct them. You need to:
Immediately notify employees of the citation
and notice by posting it and any related
correspondence from an employee complaint
on the “safety bulletin board” for three working
days or until all violations are corrected,
whichever time period is longer.
Correct all hazards within the time specied on
the Citation and Notice.
Complete and return the Employer Certication of
Abatement form that came with the Citation and
Notice, once you have corrected the hazards. In
some cases, you may be asked to provide pictures
or other documentation of the corrected hazards.
You may request an extension to correct hazards. If
you have made a sincere effort to correct problems
in your workplace, but are unable to do so in time
because of factors beyond your control, you may apply
for an extension. You must make your request before
the correction date deadline in the Citation and Notice.
If no violations were identied, you will receive a letter
from L&I stating that no hazards were found at this time.
To request an extension, write a letter to the address
listed at the top of the Employer Certication of
Abatement form. In your letter, state why the violations
cannot be corrected by the specied date, how your
employees will be protected in the meantime and
when you will be able to correct the problem. Your
employees have the right to appeal the length of time
allowed to correct hazards.
You may appeal the ndings in the Citation and
Notice. You must state your appeal in writing and
send it to the address listed on the Citation within
15 working days from the date you received the Citation
and Notice. You must correct or abate the cited serious
violations by the designated correction due date even
if you appeal unless you request and are granted a stay
of the abatement date. A stay of the abatement date
means the requirement to abate or correct the hazard is
put on hold or suspended until the appeal is resolved.
6
The request for a stay of the abatement date must be
included in the written notice of appeal.
For more information on requesting a
stay of abatement, search “296-900-170” at
www.Lni.wa.gov/WISHA.
How does the appeal process work?
L&I has the option to reassume jurisdiction and try
to resolve the appeal informally, or to forward your
appeal to the Board of Industrial Insurance Appeals,
which is an independent agency.
If L&I reassumes jurisdiction, you will meet with an
L&I hearings ofcer. This will be your opportunity
to present relevant facts, opinions, information and
questions. You are not required to have an attorney
there. After the meeting, you will receive a document
that explains L&I’s nal decision. This document
is called a Corrective Notice of Redetermination or
CNR. If you still disagree with the ndings, you may
further appeal to the Board of Industrial Insurance
Appeals within 15 working days of receiving the CNR.
Decisions of the Board of Industrial Insurance Appeals
can be further appealed through the court system.
Rule Making
Workplace safety and health rules outline employers’
minimum requirements to provide a safe and healthy
workplace. From time to time, it may be necessary to
change rules, or implement new rules that address
new hazards, respond to legislative action, or meet
the requirements of other government agencies. For
example, Washington State’s rules must be “at least as
effective” as federal OSHA rules. If OSHA changes a
rule, Washington State must change its corresponding
rule within six months.
How does L&I create rules?
L&I adopts, amends or repeals all permanent workplace
safety and health rules through a formal process
that gives the public advance notice and opportunity
to comment. The Administrative Procedures Act
(RCW 34.05) outlines the rule-making process.
How does L&I involve the public?
Interested parties, such as labor and management
organizations in an affected industry, may assist
L&I’s Division of Occupational Safety and Health
in developing the wording of the rule. Before
adoption, the public has the opportunity to review
the proposed rule and comment at a public hearing.
L&I publishes an ofcial announcement of public
hearings in the Washington State Register and posts
information about proposed rules on its website at
www.Lni.wa.gov/SafetyRules. L&I reviews the written
and oral testimony from the public hearing and revises
the proposed rule as needed. The rule is ofcially
adopted when L&I’s director signs it and les it with
the Code Reviser’s Ofce.
How can you stay informed if rules change?
Extensive information, including proposed changes
to workplace safety and health rules and upcoming
public hearings, can be found on L&I’s website at
www.Lni.wa.gov/rulemaking-activity.
What is a variance?
If a workplace safety and health rule requires you to use
a method of protection that makes it impossible for you
to operate your business, you may apply for a variance
from that rule. You will need to ll out an application
and describe how you will protect employees to
the same degree the rule requires. Information and
application forms are available at your local L&I ofce
or online at www.Lni.wa.gov/safety-health/safety-rules/
enforcement-policies/rule-variances-variance-notices.
7
Info for Employers
What are your
responsibilities?
The following list identies some of the basic
responsibilities employers have under the
Washington Industrial Safety and Health Act.
Additional requirements that address specic hazards
and specic industries may also apply. The basic
responsibilities are:
Provide a safe and healthy workplace
and comply with applicable rules. Visit
www.Lni.wa.gov/SafetyRules where you can review
and/or print the rules. If you do not have access to
the web, call 1-800-423-7233 to request assistance.
Develop, maintain and implement a written
safety and health program that addresses the
hazards specic to your business.
Post the Job Safety and Health Law poster (F416-081-909),
which explains the rights and responsibilities of
employers and workers. You can order a free poster
online at www.Lni.wa.gov/RequiredPosters. Or, call
your local L&I ofce or 1-800-423-7233.
Provide training to your employees about job
safety and health.
Involve employees in your safety program by
either having a safety committee or holding
monthly safety meetings, depending on the size
of your business.
Keep records of all work-related injuries and
illnesses that meet the criteria specied by law.
Report an employee fatality or in-patient
hospitalizations including amputations or losses
of eye within eight (8) hours of the incident.
Report a non-hospitalized employee amputation
or loss of eye of any employee within
twenty-four (24) hours of the incident.
-
Where to report: Contact the L&I ofce nearest
you by phone or in person, or call 1-800-423-7233.
What are your rights?
You have the right to require that your employees
follow Washington State workplace safety and health
rules and your company’s policies. You have a right to
require your employees to:
Follow safety practices.
Use safe work practices in their daily work.
Use and maintain any personal protective
equipment you provide for them.
Never remove, displace or damage any
safeguards, notices or warnings intended to
provide a safe workplace.
Not wear torn or loose clothing while working
around machinery.
Report any near misses or accidents promptly.
You have the right to have a safety program and
safety practices with requirements greater than those
of the Washington Industrial Safety and Health Act
and hold your employees accountable for complying
with your program.
Employers have specic rights identied throughout
the inspection process. See Pages 4–6, “What an
Employer Can Expect from a Workplace Safety and
Health Inspection.”
8
Info for Workers
What are your responsibilities?
By law, you must comply with the safety and health
rules that apply to your workplace. They include:
Read the Job Safety and Health Law poster
(F416-081-909). Your employer is required to
display this poster.
Follow your employer’s safety and health rules.
Wear any personal protective equipment your
employer requires.
Report any potentially hazardous conditions to
your safety committee, safety ofcer or supervisor.
Report any on-the-job injury or illness
immediately and get medical attention, if needed.
Cooperate with inspectors from L&I’s Division of
Occupational Safety and Health (DOSH).
What are your rights under WISHA?
Every worker has the right to a safe and healthy
workplace. If you know of potentially hazardous
conditions and have reported them to your
employer, and they remain uncorrected, you may
le a condential complaint with DOSH. DOSH
will evaluate your complaint and may schedule an
inspection of your workplace.
You have the right to:
Bring job safety and health concerns to your
employer’s attention.
Discuss safety and health matters with other workers.
Participate in union activities concerning safety
and health matters.
Refuse a dangerous task when certain conditions
are met. See “Do you have the right to walk off the job
to protest unsafe conditions?” on the following page.
File safety and health grievances.
Participate in safety and health inspections with
a DOSH inspector.
In addition, you have the right to:
File a complaint about workplace safety or health
hazards with DOSH, OSHA, your local health
or re department, or any other appropriate
government agency. You may ask that your name
not be revealed if you le such a complaint.
Testify before any panel, agency or court about
job hazards.
File a safety and health discrimination
complaint and give evidence in connection with
such complaints.
For additional information, you can read the
Pocket Guide to Worker Rights (F101-165-909) at
www.Lni.wa.gov/go/F101-165-909.
What constitutes discrimination?
By law, no one including your employer may take
action against you for exercising your rights under the
Washington Industrial Safety and Health Act. If that
happens, you may have been discriminated against.
Discriminatory actions include but are not limited to:
Dismissal.
Demotion.
Assignment to an undesirable job or shift.
Loss of seniority.
Reduction in pay or hours.
Denial of a promotion you would otherwise
have received.
9
Denial of benets earned, such as sick leave or
vacation time.
Harassment.
Blacklisting with other employers.
Taking away company housing.
Damaging your credit at banks or credit unions.
What should you do if you believe your rights
under WISHA have been violated?
Make a list of the facts. Do this while they are fresh
in your mind. Record the names and addresses of the
people involved and what happened. Also, note the
names of any witnesses, when and where the incident
happened, and anything else that may be signicant.
Keep any documents, letters or notes that relate to
the incident.
Contact the Department of Labor & Industries,
DOSH, in person, by letter, or by telephone: You must
le your complaint within 90 days from the time a
discriminatory action occurred. You may le your
complaint with the Assistant Director for DOSH at
this address:
Assistant Director
Division of Occupational Safety and Health
Department of Labor & Industries
PO Box 44600
Olympia WA 98504-4600
You may le the complaint yourself, or you may authorize
a representative, such as your union, to do it for you.
Discrimination complaint forms are available online
and from local L&I ofces (see back cover).
Do you have the right to walk off the job to
protest unsafe conditions?
No! However, you can refuse to do a specic task
if you reasonably believe that doing so would be
dangerous to your life and/or health. But you need to
stay on the job until the issue is resolved. If you walk
off the job, DOSH may not be able to protect you.
Your right to refuse to do a task is protected if all of
the following conditions are met:
1. The refusal to work must be genuine. It cannot
be a disguised attempt to harass your employer
or disrupt business.
2. A reasonable person (or most people) would
agree that there is a real danger of death or
serious injury if you were to perform the job.
3. There isn’t enough time, due to the urgency of
the hazard, to get it corrected through regular
enforcement channels, such as DOSH.
When all three of these conditions are met, you should:
1. Ask your employer to correct the hazard;
2. Ask your employer for other work;
3. Tell your employer that you won’t perform the
work unless the hazard is corrected; and
4. Remain on the work site until ordered to leave
by your employer.
Where to Go for Help
For more information, visit the L&I website: www.Lni.wa.gov. For person-to-person assistance, contact the L&I
ofce nearest you.
Contacting local L&I offices
For phone numbers, maps and directions, visit www.Lni.wa.gov/Ofces.
Find it fast
Safety and health information online: www.Lni.wa.gov/safety-health
Safety and health information in Spanish (Información sobre seguridad en español): www.Lni.wa.gov/Seguridad
Information by phone, toll-free: 1-800-423-7233
L&I forms and publications online: www.Lni.wa.gov/forms-publications/search
Safety and health, ergonomics, and risk management consultation: www.Lni.wa.gov/DOSHConsultation
Other important information for employers
Your employees’ workplace rights: www.Lni.wa.gov/workers-rights
Workers’ compensation insurance: www.Lni.wa.gov/Insurance
Contractor registration: www.Lni.wa.gov/RegisterAsAContractor
Upon request, foreign language support and formats for
persons with disabilities are available. Call 1-800-547-8367.
TDD users, call 711. L&I is an equal opportunity employer.
PUBLICATION F416-132-000 [10-2022]
