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Washington JOB SAFETY AND HEALTH PROTECTION Labor Law Poster

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  • Washington JOB SAFETY AND HEALTH PROTECTION Labor Law Poster

    The Washington Industrial Safety and Health Act (WISHA) Chapter 49.17 Revised Code of Washington provides job safety and health protection for Washington employees. The Department of Labor and Industries administers the law and adopts job safety and health regulations. All employers and employees are required to comply with these regulations. Department representatives conduct workplace inspections and investigations to ensure compliance with safety and health regulations.
    This poster describes some important parts of the law.
    Employers are required to:
    Provide job sites that are free from recognized hazards that may cause or serious harm to employees.

    Comply with occupational safety and health regulations
    administered under WISHA.

    Post this and other notices to keep employees informed of their
    protection and obligations under WISHA.

    Notify the Department of Labor and Industries within eight (8) hours of any ity or probable ity or catastrophe an injury or illness that results in two or more workers being
    hospitalized. The employer must report the following information in person or by telephone to the nearest department office or use the Occupational Safety and Health

    Name of employer.
    Location and time of the incident.
    Number of ities or hospitalized employees.
    Contact person and his/her phone number.
    A brief description of the incident.

    Allow an employee representative to attend all meetings between the Department of Labor and Industries and the employer
    concerning an appeal of a citation by the employer.

    Allow an employee representative to accompany the department
    representative and the employer during an inspection or
    investigation of the workplace. Employers cannot withhold wages or benefits or discriminate against the employee for time spent participating in the inspection, investigation, or opening and closing conferences.

    Provide personal protective equipment when required by a WISHA regulation.

    Promptly notify an employee who was or is being exposed to toxic materials or harmful physical agents at levels that exceed those allowed by WISHA regulations.

    Employees are required to:
    Comply with occupational safety and health regulations that apply to their own actions and conduct on the job.

    Inspections and investigations:
    Employer and employee representatives may accompany a department inspector to assist with an inspection or investigation. If an employee representative does not participate, the inspector will consult with a number of employees about safety and health conditions in the workplace.

    Complaints:
    Employer and employee representatives who believe that an unsafe or unhealthy condition exists in their workplace have the right to request an inspection by the Department of Labor and Industries. The names of those filing complaints will be kept confidential upon the request of the employee.

    Employees also have the right to bring unsafe or unhealthy
    conditions to the attention of the inspector during an investigation or inspection.

    Employees may not be fired or discriminated against for filing safety and health complaints or for exercising any of their rights under WISHA.

    Employees who believe they have been discriminated against may file a complaint with the department or with the U.S. Department of Labor, Occupational Safety and Health Administration, within 30 days of the alleged discrimination. Public employees may file discrimination complaints with the Department of Labor and Industries only.
    The U.S. Department of Labor monitors the operation of the WISHA program to assure effective administration. Any person may make a written complaint regarding the administration of state regulations directly to the Occupational Safety and Health Administration, Region
    Citations:
    If, upon inspection the department believes a WISHA regulation has been violated, a citation alleging such violation will be issued to the employer. Citations will specify a time period allowed for correcting the violation.

    The WISHA citation must be prominently displayed at or near the place of the alleged violation for a minimum of three days. It
    cannot be taken down until the violation is corrected.

    Penalties:
    Penalties of up to $70,000 may be assessed for each willful or repeated violation of a WISHA regulation, and a minimum
    penalty of $5,000 shall be assessed for each willful violation. Employers may be fined up to $7,000 for each serious or
    non-serious violation. Penalties up to $7,000 will be assessed for failure to post this or any other required notices.

    Penalties of up to $7,000 per day may be assessed for failure to correct a violation by the allowed time specified in the citation.

    Criminal penalties are also provided for under WISHA. Any
    person who is convicted of giving advance notice of an inspection without the authority of the department may be fined up to $1,000 and imprisoned for up to six months. A person convicted of knowingly making a false statement or report in regard to WISHA may be fined up to $10,000 and imprisoned for up to six months.

    An employer convicted of a willful or repeated violation that results in the of an employee may be fined up to $10,000 and imprisoned for up to six months. A second conviction doubles these penalties.

    Appeals:
    Employers may appeal the alleged citation, the proposed penalties or the time allowed to correct a violation to the department and to the Board of Industrial Insurance Appeals.

    Employees may appeal the time allowed to correct a violation if they believe that time to be unreasonable.

    Consultation services:
    The department offers free consultations to help employers
    comply with safety and health regulations. Specialists can help correct hazardous conditions and develop safety and health
    programs. These specialists do not issue citations or assign
    penalties.

    Department employees are also available to conduct seminars and
    training on occupational safety and health for both employer and employee groups.
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