WA employers handed new pandemic reporting, notice, accommodation rules

The Washington State Department of Labor and Industries (L&I) recently filed emergency rules containing new reporting, notification, and accommodation requirements for Washington employers to follow during the COVID-19 pandemic.

How we got here

Washington Governor Jay Inslee signed the Health Emergency Labor Standards Act (HELSA) on May 11, 2021. The Act went into effect immediately and applies to workplaces only during a declared public health emergency involving an infectious or contagious disease.

In response to the law, L&I filed the emergency rules, also effective immediately, on August 10. The rules, which incorporate the legislation signed into law by Governor Inslee, address:

Employer reporting and notification requirements during COVID-19 outbreaks or exposures; and

Mandates for employers to accommodate the voluntary use of face masks and other personal protective equipment (PPE).

The emergency rules apply to not only the COVID-19 outbreak but also any future pandemic or other public health emergency involving an infectious or contagious disease as declared or ordered by the U.S. president or the Washington state governor.

Reporting COVID-19 outbreaks to L&I