
•	Added and revised definitions to aid in rule clarity.


•	Clarified that the TWH complaint line was multilingual and not bilingual.
•	Added requirement that updates to the TWH management plan must be submitted to DOH within 10 calendar days.
•	Clarified current rule language to provide the updated plan to occupants in a language or languages understood by the occupants.


•	Added specific ventilation requirements for all TWH buildings and cherry harvest tents to maximize outdoor air intake, including maintaining maintenance logs and other documentation.


•	Made nonsubstantive clarifying edits such as grammar and punctuation, reflecting updates made to definitions.
•	Added requirement to close outside openings when external conditions pose a health or safety risk.


•	Revised the disease prevention and control requirements to:


o	Require cooperation with the local health jurisdiction and DOH in the investigation and control of confirmed cases, suspected cases, outbreaks, and suspected outbreaks of communicable diseases or notifiable conditions;
o	Update reporting requirements for communicable diseases;
o	Require an implementation of an infection control program;
o	Require the posting of education about health and safety practices in a language commonly understood by TWH occupants;
o	Allow community-based outreach workers and community health workers to reach out to TWH occupants;
o	Establish a communicable disease and prevention response plan which includes identifying and isolating occupants with suspected and confirmed cases and providing medical assistance; and
o	Provide specific training for those responsible for executing the communicable disease and prevention response plan.


•	Added the definition of "Local Health Jurisdiction or LHJ" for rule clarity.
•	The defined term "Mechanical ventilation system" was amended to clearly exclude kitchen and bathroom exhaust fans.
•	Added the definition of "Suspected case" for rule clarity.


•	The DOH TWH complaint phone line is available in multiple languages and therefore the reference to the "bilingual TWH complaint line" was changed to "multilingual TWH complaint line."


•	The proposed rule was amended to clarify that a filter with an equivalent rating of MERV 13 could be used to comply with the rule.


•	Removed "unexpected weight loss" as a symptom that needed to be reported to the LHJ.
•	Clarified the word "required" to say "directed" when used to describe actions that are given by the LHJ.
•	Entry of community health workers and community-based outreach workers. The proposed rule was amended to clarify the reasons these workers should be entrusted to enter the property of the TWH to educate occupants about public health, safety, and workers' rights provided that they notify the operator to set up a designated time and place for the visit.
•	Food preparation, specifically if an occupant is sick, was clarified that a sick occupant cannot prepare food for occupants that are not sick but may prepare food for others that are sick and/or in isolation/quarantine with the sick occupant.
•	"Oral thermometers" was removed from the requirements, as "no touch" or "no contact" thermometers can effectively meet the requirements for fulfilling the communicable disease prevention and response plan requirements.
•	Medical transportation, specifically around transportation provided by a service provider, was clarified to remove "aid service" and instead state "ambulance service or other transportation service."
•	Communication requirement, specifically access to phone services, was clarified to require operators to provide phone services only if the occupant does not have access to a personal phone.

The following definitions apply throughout this chapter unless the context clearly indicates otherwise:

(1)Agricultural employee. Any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity.

(2)Agricultural employer. Any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes, but is not limited to, the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities.

(3)Bathing facility. An enclosed area provided by the operator for workers to bathe or shower, and may be located within a family shelter or a common facility.

(4)Building. Any structure used or intended by the operator to be used by workers for cooking, eating, sleeping, sanitation, or other facilities.

(5)Cherry harvest camp. A place where housing and related facilities are provided to agricultural employees by agricultural employers or TWH operators for their use while employed for the harvest of cherries in the state of Washington. Cherry harvest camps are the only TWH site allowing tents.

(6)Common. A shared facility provided by the operator for all workers of the TWH.

(7)Common areas. Housing areas shared or used by one or more families or unrelated individuals.

(8) Communicable disease. An illness caused by an infectious agent that can be transmitted from a person, animal, or object to a person by direct or indirect means including, but not limited to, transmission via an intermediate host or vector, food, water, or air.

(9) Community-based outreach worker. A legal aid representative, a union representative, or a representative from other community-based advocacy organizations.

(10) Community health worker. A frontline public health worker who is a trusted member of or has a close understanding of the community served.

(11)Current certificate (first aid). A first-aid training certificate that has not expired.

(12)Dining hall. A cafeteria-type eating place with food furnished by and prepared under the direction of the operator for consumption, with or without charge, by workers.

(13)Drinking fountain. A fixture equal to a nationally recognized standard or a designed-to-drain faucet, which provides potable drinking water under pressure. A "drinking fountain" does not mean a bubble-type water dispenser.

(14)Dwelling unit. A shelter, tent, building, or portion of a building, which may include cooking and eating facilities, that are:

(a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and

(b) Physically separated from other sleeping and common areas. As used in this subsection, "physically separated" means a physical wall separating rooms.

(15)Family shelter. A dwelling unit with sleeping facilities for up to ((fifteen))15 workers that may include toilet or cooking facilities. If services such as bathing, food-handling, or toilet facilities are provided in the family shelter, they are for the sole use of the occupants of the family shelter.

(16)First-aid trained. The person holds a current certificate of first-aid training.

(17)Floor space. The area within a dwelling unit with a minimum ceiling height of seven feet.

(18)Food-handling facility. An enclosed area provided by the operator for workers to prepare their own food, and may be within a family shelter or common facility.

(19)Group A public water system. A public water system as defined and referenced under WAC 246-290-020.

(20)Group B public water system. A public water system that is not a Group A public water system, and is defined and referenced under WAC ((246-291-050))246-291-005.

(21)Habitable room. A room or space in a structure used for living, sleeping, eating, or cooking. Bathing facilities, toilet facilities, closets, halls, storage or utility space, and similar areas are not considered habitable rooms.

(22)Health officer. The individual appointed as such for a local health department under chapter 70.05 RCW or appointed as the director of public health of a combined city-county health department under chapter 70.08 RCW.

(23)Livestock. Horses, cows, pigs, sheep, goats, poultry, etc.

(24)Livestock operation. Any place, establishment, or facility consisting of pens or other enclosures in which livestock is kept for purposes including, but not limited to, feeding, milking, slaughter, watering, weighing, sorting, receiving, and shipping. Livestock operations include, among other things, dairy farms, corrals, slaughterhouses, feedlots, and stockyards. Operations where livestock can roam on a pasture over a distance may be treated as outside the definition.

(25) Local health jurisdiction or LHJ. A county health department under chapter 70.05 RCW, city-county health department under chapter 70.08 RCW, or health district under chapter 70.46 RCW.

(26) Mechanical ventilation system. A mechanism that actively processes supplying air to or removing air from an indoor space by powered equipment such as motor-driven fans and blowers but not by devices such as kitchen or bathroom exhaust fans, wind-driven turbine ventilators, and mechanically operated windows.

(27)MSPA. The Migrant and Seasonal Agricultural Worker Protection Act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.).

(28)Occupant. A temporary employee or a person who resides with a temporary worker at the TWH or camp.

(29)Operating license or license. A document issued annually by the department of health.

(30)Operator. A person holding legal title to the land on which the TWH or camp is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the TWH.

(31) Outbreak. The occurrence of a condition in an area over a given period of time in excess of the expected number of occurrences including, but not limited to, foodborne disease, waterborne disease, and health care-associated infection.

(32)Recreational park trailers. A trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use, that meets the following criteria:

(a) Built on a single chassis, mounted on wheels;

(b) Having a gross trailer area not exceeding 400 square feet (37.15 square meters) in the set-up mode;

(d) Chapter 296-150P WAC.

(33)Recreational vehicle. A vehicular-type unit that is compliant with chapter 296-150R WAC and primarily designed as temporary living quarters for recreational camping, travel, or seasonal use that either has its own motive of power or is mounted on, or towed by, another vehicle. Recreational vehicles include: Camping trailers, fifth-wheel trailers, motor homes, travel trailers, and truck campers, but does not include pickup trucks with camper shells, canopies, or other similar coverings.

(34)Refuse. Solid wastes, rubbish, or garbage.

(35) Suspected case. A person that is suspected by a medical provider or public health provider of having a notifiable condition, but the diagnosis has not yet been confirmed by the medical provider.

(36)Temporary worker or worker. An agricultural employee employed intermittently and not residing year-round at the same TWH site.

(37)((TWH,))Temporary worker housing (TWH) or housing. A place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees for temporary, seasonal occupancy. TWH includes cherry harvest camps.

(38)Tent. An enclosure or shelter constructed of fabric or pliable material composed of rigid framework to support tensioned membrane that provides ((the))a weather barrier.

(39)WISHA. The Washington Industrial Safety and Health Act, chapter 49.17 RCW, administered by the Washington state department of labor and industries.

(40)Worker-supplied housing. Housing owned by the worker and made available to the same worker on the operator's TWH site. Worker-supplied housing includes recreational park trailers, recreational vehicles, tents, or other structures that meet the requirements of this chapter.

(1) ((The))An operator ((licensed under this chapter must))shall develop and implement a written TWH management plan that must include:

(a) A safety plan that includes ((the following)):

(i) Emergency information, including site name and address, emergency contact phone numbers, location of local emergency services, and the department of health ((bilingual))multilingual TWH complaint line;

(ii) A plan for contacting a first-aid trained person or emergency services within a reasonable amount of time; and

(iii) Those designated actions operators and occupants ((must))shall take to ensure occupant safety from fire and other emergencies, including the following:

(A) Emergency escape procedures and emergency escape route assignments;

(B) Procedures to account for all occupants after emergency evacuation has been completed;

(D) Names or regular job titles of those who can be contacted for further information or explanation of duties under the plan.

(iv) ((Training.))A requirement to designate and train a sufficient number of ((occupants))people to assist in the safe and orderly emergency evacuation of occupants; and

(v) ((Maintenance.))A requirement to regularly and properly maintain, according to established procedures, equipment and systems installed on heat producing equipment to prevent accidental ignition of combustible materials.

(b) ((Camp))Residency rules that describe to the occupants expectations for maintaining a safe and orderly TWH.

(2) The operator shall make available:

(a) A written copy of the TWH management plan, in English and the ((native)) language ((of))commonly understood by the occupants, to the department of health or the department of labor and industries upon request; and

(b) A written copy of the residency rules ((for review)) to occupants, ((in the occupant's native language,))in English and the language commonly understood by the occupants by:

(i) Posting it in a central location ((accessible))visible to the occupants; ((or))and

(ii) Providing individual copies to each occupant if requested.

(3) When changes are made to the TWH management plan, the operator shall submit the revised TWH management plan to the department of health within 10 calendar days of the effective date and comply with the requirements in subsection (2)(b) of this section.

(1) If the TWH facility or building has a mechanical ventilation system, the operator shall maintain it according to the manufacturer's specifications and operate the system to provide fresh and filtered air. The operator shall have building maintenance staff or mechanical ventilation system contractors set the system to increase ventilation or the percentage of outside air that circulates in the facility or building and verify the following:

(a) The mechanical ventilation system is fully functional;

(b) The mechanical ventilation system filters have a minimum efficiency reporting value (MERV) rating of at least 13 or equivalent. If the mechanical ventilation system does not support MERV 13 filters, use the highest MERV rating filter supported by the mechanical ventilation system;

(c) The mechanical ventilation system's outdoor air intake is maximized. Reductions in outside air intake may be made when external conditions pose health and safety risks to the occupants;

(d) Maintenance checks occur at the beginning of each growing season when preparing buildings to be reopened. Additional maintenance checks must occur based on manufacturer recommendations, usually quarterly or annually;

(e) Ensure written maintenance records are maintained. The written record must include documentation of filter selection, including a selection reason if less than MERV 13 filtration is used, and filter conditions. Written records must be available for review upon request by the state agency representatives;

(f) Filters in any mechanical ventilation system used in a TWH facility or building must be in good repair and replaced in accordance with manufacturer's instructions.

(2) The operator shall instruct occupants in housing with mechanical ventilation systems to:

(a) Turn on mechanical ventilation systems whenever the TWH facility or building is occupied; and

(b) Temporarily shut down the mechanical ventilation system when external conditions pose health and safety risks to occupants.

(3) In buildings without mechanical ventilation systems, the operator shall instruct occupants to close windows and other outside openings when external conditions pose health and safety risks to occupants.

(1) Each tent must be constructed to sleep no more than ((fifteen))15 workers.

(2) Tents must provide protection from the elements, insects, and animals.

(3) Structural stability and floors.

(a) Tents and their supporting framework must be adequately braced and anchored to prevent weather related collapse. The operator shall provide documentation of the structural stability ((must be furnished)) to the department of health, if requested.

(b) Floors must be smooth, sloped from a raised center towards the lower outer edges. Floors must be without breaks or holes to provide a hard, stable walking surface. Nonridged flooring supported by grass, dirt, soil, gravel, or other uneven surfaces is not acceptable. Floors that are constructed of wood or concrete must comply with the building code, chapter 19.27 RCW and this chapter.

(4) Flame-retardant treatments.

(a) The sidewalls, drops, and tops of tents must be composed of flame-resistant material or treated with a flame-retardant in an approved manner.

(b) Floor coverings, which are integral to the tent, and the bunting, must be composed of flame-resistant material or treated with a flame retardant in an approved manner and in accordance with Uniform Building Code, Standard 31.1.

(i) Identification of tent size and fabric or material type;

(ii) For flame-resistant materials, the necessary information to determine compliance with this section and National Fire Protection Association Standard 701, Standard Methods of Fire Tests for Flame-resistant Textiles and Films;

(iii) For flame-retardant materials, the date that the tent was last treated with an approved flame-retardant;

(iv) The trade name and type of flame-retardant used in the flame-retardant treatment; and

(v) The name of the person and firm that applied the flame-retardant.

(5) Means of egress.

(a) Tents must have a primary entrance door. At least one door must lead to the outside of the tent. The door must not be obstructed in any manner and must remain free of any material or matter where its presence would obstruct or render the exit hazardous.

(b) The area designated for refuge must be accessible and remain clear of storage materials or hazards.

(c) If food-handling facilities are provided in tents, or the tent occupancy capacity is for ((ten))10 or more workers, a window allowing access must be located opposite the door and must have a means to open the window or provide an easily opened space, for example, a zipper which opens downward to the floor, must be provided.

(6) Floor area. The operator must:

(a) If food-handling facilities are provided in the tent, ((the operator must)) provide an additional ((twenty))20 square feet of floor space;

(b) ((The operator must))Provide at least ((fifty))50 square feet of floor space for each worker in rooms used for sleeping purposes.

(7) Ceiling height.

(a) A ceiling height of at least seven feet is required in ((fifty))50 percent of the total floor area.

(b) No portion of the tent measuring less than six feet from the flooring to the ceiling will be included in any computation of the floor area.

(8) Windows and ventilation.

(a) The operator shall provide a window area equal to one-tenth of the total floor area in each habitable room which opens at least halfway or more directly to the outside for cross-ventilation and has a minimum of ((sixteen-mesh))16-mesh screens on all exterior openings.

(b) The windows must have weather-resistant flaps, which will cover the window area and a means of fastening the flaps to provide protection from the elements and allow privacy for the ((workers))occupants.

(c) The operator shall instruct occupants to close windows and other outside openings when external conditions pose a health and safety risk to occupants.

(9) Electrical and lighting. The operator shall ensure that:

(a) ((The operator must ensure that))Electricity is supplied to all tents used as habitable room.

(b) ((The operator must ensure that))All electrical wiring, fixtures and electrical equipment must comply with the electrical standards of the department of labor and industries regulations, chapter 19.28 RCW, and local ordinances, and be maintained in a safe condition.

(c) ((The operator must ensure that))Each tent used as a habitable room has at least one ceiling-type light fixture and at least one separate floor-type or wall-type convenience outlet.

(d) If cooking is provided in the tent, ((the operator must ensure that)) appropriate wiring and electrical equipment is provided.

(((1) The operator must report immediately to the local health officer the name and address of any individual in the camp known to have or suspected of having a communicable disease;

(2) The operator must report immediately to the local health officer:

(a) Suspected food poisoning;

(b) An unusual prevalence of fever, diarrhea, sore throat, vomiting, or jaundice;

(d) When weight loss is a prominent symptom among workers.

(3))) The operator ((must))shall:

(1) Cooperate with the local health jurisdiction and department of health in the investigation and control of cases, suspected cases, outbreaks, and suspected outbreaks of communicable diseases or notifiable conditions;

(2) Report immediately to the local health jurisdiction the name and address of any occupant or occupants known to have or suspected of having:

(a) Any communicable diseases made notifiable by emergency rule or emergency declaration;

(b) An outbreak of foodborne or waterborne illness; or

(i) Fever, diarrhea, sore throat, vomiting, or jaundice; or

(ii) Coughing up blood or a cough lasting three weeks or longer;

(3) Implement infection control measures as directed by the local health jurisdiction for care of occupants who have been exposed to other occupants with a suspected or positive case of a communicable disease;

(4) Conspicuously post information regarding the operator's health and safety policies, how to identify symptoms of communicable diseases, to whom to report to if not feeling well, and where and how to secure medical treatment. All information shall be posted in a language commonly understood by the occupants;

(5) Allow entry of community health workers and community-based outreach workers to provide additional education to occupants about public health, safety, and worker's rights provided that the community health worker or community outreach worker:

(a) Contacts the operator before visiting the TWH site to arrange a designated time and place;

(b) Checks in with designated TWH staff at the agreed upon time and location; and

(c) Wears appropriate personal protective equipment and completes a health screening as directed by the local health jurisdiction;

(6) Prohibit any individual with a communicable disease from preparing, cooking, serving, or handling food, foodstuffs, or materials in dining halls or cooking facilities for individuals who do not have a communicable disease;

(7) Develop and follow a communicable disease prevention and response plan that includes:

(a) A process to screen occupants for symptoms of communicable diseases when needed, using symptom lists specified by the local health jurisdiction or department of health;

(b) Providing "no touch" or "no contact" thermometers for occupants to use as specified by the local health jurisdiction or department of health. Any worker with a temperature of 100.4°F or higher is considered to have a fever;

(c) Contacting the local health jurisdiction immediately as required under subsection (2) of this section and facilitating transportation for any medical evaluation or treatment at no cost to the occupant. If the transportation is not provided by an ambulance service or other transportation service, the operator shall provide personal protective equipment to individuals providing transportation;

(d) When directed by the local health jurisdiction or department of health to quarantine or isolate an occupant to prevent the spread of a communicable disease, the plan must include attestation of the following:

(i) Provide access for occupants to telephone service to summon emergency care if the occupant does not already possess a personal phone service;

(ii) Provide occupants with information about paid leave and workers compensation;

(iii) Permit access to medical professionals who offer health care services as directed by the local health jurisdiction; and

(iv) Provide, at no cost to the occupant, food and water for occupants in isolation or quarantine; and

(8) Provide:

(a) Training for persons responsible to execute the communicable disease prevention and response plan when the plan is updated, or at least annually, if the plan is not updated every year. Information and training must be provided in a manner and language readily understood by the person responsible to execute the plan; and

(b) Documentation of training records must include the name of the person trained and the date that the training occurred. Documentation must be available for review upon request by the state agency representatives.