Washington — Workplace Safety

Washington's workplace safety regime operates under the Washington Industrial Safety and Health Act (WISHA), enacted in 1973 and codified at RCW Chapter 49.17. The Department of Labor & Industries administers WISHA through its Division of Occupational Safety and Health (DOSH). WISHA covers nearly all employers and employees in Washington, including state, county, and city employees. Federal OSHA retains jurisdiction over federal agencies, workplaces on federal installations, offshore maritime employment, and certain tribal employers on tribal lands. Under RCW 49.17.050(2), Washington must adopt safety and health standards at least as effective as those adopted by the U.S. Secretary of Labor under the federal Occupational Safety and Health Act of 1970.

Source: RCW Ch. 49.17; RCW 49.17.050

Washington employers must report certain severe work-related incidents to DOSH (Division of Occupational Safety and Health) within strict timeframes under WAC 296-27-031. These reporting obligations are distinct from routine injury and illness recordkeeping and carry immediate compliance deadlines.

Eight-hour reporting requirement

Employers must report to DOSH within eight hours of a work-related incident that results in:

• A fatality, or
• An inpatient hospitalization of any employee.

This eight-hour rule differs from the federal OSHA standard, which requires reporting only when three or more employees are hospitalized; Washington mandates reporting when a single employee is hospitalized as an inpatient. "Inpatient hospitalization" means formal admission to the inpatient service of a hospital or an equivalent medical facility on an emergent basis for a work-related injury or illness, as defined in WAC 296-900-099(23). Employers must report inpatient hospitalizations that involve medical care or treatment; hospitalizations involving only observation or diagnostic testing need not be reported (WAC 296-27-031(11)).

Twenty-four-hour reporting requirement

Employers must report to DOSH within 24 hours of a work-related incident that results in either:

• An amputation, or
• The loss of an eye

when the incident does not require inpatient hospitalization. WAC 296-27-031(2). An "amputation" means the traumatic loss of an appendage (upper or lower limb or part thereof) or other external body part that has been severed or cut off either completely or partially at the time of injury, or is surgically removed due to irreparable damage (WAC 296-27-001).

Delayed-discovery rules

If the employer does not learn about a reportable event at the time it occurs, the reporting clock starts when the incident is reported to the employer or any of the employer's agents. The same timeframes apply: eight hours for fatality or inpatient hospitalization; 24 hours for amputation or loss of an eye (WAC 296-27-031(3)).

Similarly, if the employer does not learn immediately that a fatality, hospitalization, amputation, or eye loss was work-related, the reporting clock begins when the employer or any agent learns the event resulted from a work-related incident, with the same eight-hour and 24-hour deadlines (WAC 296-27-031(4)).

Reporting methods

Employers must report by:

• Telephone to the department's toll-free number, 1-800-4BE-SAFE (1-800-423-7233), or in person at the nearest DOSH office, or
• Telephone to the OSHA toll-free number, 1-800-321-OSHA (1-800-321-6742).

If the local office is closed, employers must use one of these toll-free numbers (WAC 296-27-031(5)–(6)).

Heart attack incidents

Employers must report when a heart attack occurs in the work environment that results in a fatality or inpatient hospitalization. DOSH will determine whether to investigate depending on the circumstances (WAC 296-27-031(10)).

Source: WAC 296-27-031; WAC 296-900-099; WAC 296-27-001