(1) All employees are afforded the full protection of RCW
49.17.160. WISHA defines an employee as "an employee of an employer who is employed in a business of his/her employer which affects commerce." RCW
49.17.020(4). WISHA does not define "employ"; however, the broad remedial nature of WISHA demonstrates a clear intent that the existence of an employment relationship, for purposes of RCW
49.17.160, is to be based upon economic realities rather than upon common law doctrines and concepts. See U.S. v. Silk, 331 U.S. 704 (1947); Rutherford Food Corporation v. McComb, 331 U.S. 722 (1947).
(2) For purposes of RCW
49.17.160, an applicant for employment could be considered an employee. See NLRB v. Lamar Creamery, 246 F.2d 8 (5th Cir., 1957).