LABOR AND INDUSTRIES
[Filed June 21, 2022, 8:51 a.m.]
Title of Rule and Other Identifying Information: New chapter 296-801 WAC, Protecting temporary workers.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to create a new chapter to protect temporary workers by implementing requirements from SHB 1206, and passed by the Washington state legislature in 2021, codified as RCW 49.17.490
. RCW 49.17.490
requires staffing agencies to assess the employer's safety and health practices at the workplace that the employee will be working. They must assess the safety conditions, the tasks the employee will be completing, as well as the safety program that the employer has in place. These inquiries are required to take place at the start of the contract, and it may involve the staffing agency visiting the actual work site. The proposed rule making incorporates the statutory language passed by the legislature and includes requirements for staffing agencies and worksite employers. Please see below for an overview of the proposed language.
WAC 296-801-098 Purpose and scope.
|Indicates this new chapter applies to the safety and health requirements for staffing agencies and worksite employers consistent with RCW 49.17.490 Temporary workers—Safety—Staffing agency and worksite employer duties.
WAC 296-801-099 Definitions.
|Add definitions for "staffing agency" and "worksite (also referred to as host) employer."
WAC 296-801-100 Staffing agency requirements.
|Indicates the requirements a staffing agency must follow before there is an employee assigned to a worksite.
WAC 296-801-110 Worksite employer requirements.
|Indicates the requirements a worksite employer must follow before all temporary employees perform worksite duties for the employer.
Reasons Supporting Proposal: The passage of SHB 1206 highlighted the hazards temporary workers can face that may be outside the scope of their employer, a staffing agency, when working on an assigned worksite or when a worksite location is changed without their employer's knowledge. Creating a new chapter implementing requirements from RCW 49.17.490
protecting temporary workers, ensures workers of staffing agencies are protected from workplace hazards at an assigned worksite.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Labor and Industries, governmental.
Name of Agency Personnel Responsible for Drafting: Chris Miller, Tumwater, Washington, 360-902-5516; Implementation and Enforcement: Craig Blackwood, Tumwater, Washington, 360-902-5828.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Not applicable.
This notice meets the following criteria to use the expedited adoption process for these rules:
Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
Content is explicitly and specifically dictated by statute.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The expedited rule-making process is appropriate due to no material change occurring from the Washington state statute, which fits within the parameters of RCW 34.05.353
Expedited rule making.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Tari Enos, Department of Labor and Industries, Division of Occupational Safety and Health, P.O. Box 44620, Olympia, WA 98504-4620, phone 360-902-5516, fax 360-902-5619, email Tari.Enos@Lni.wa.gov, AND RECEIVED BY August 22, 2022.
June 21, 2022
Chapter 296-801 WAC
PROTECTING TEMPORARY WORKERS
WAC 296-801-098Purpose and scope.
Chapter 296-801 WAC provides health and safety requirements for staffing agencies and worksite (or host) employers consistent with RCW 49.17.490
Staffing agency and worksite employer duties. The requirements in this chapter are limited to employers classified under the North American Industry Classification System (NAICS) in Sectors 31 through 33 (manufacturing), and code 561320 (temporary help services).
1. The NAICS is maintained by the U.S. Census Bureau (https://www.census.gov/naics/).
2. Washington state employers can typically find their NAICS code, by using the business lookup tool on the Washington state department of revenue's website (https://dor.wa.gov/).
Staffing agency. An employer whose business is classified under the North American Industry Classification System (NAICS) 561320 industry sector. In general, these organizations recruit and hire employees and temporarily assigns those employees to perform work or services for another organization, under such other organization's supervision, to:
(a) Support or supplement the other organization's workforce;
(b) Provide assistance in special work situations including, but not limited to, employee absences, skill shortages, or seasonal workloads; or
(c) Perform special assignments or projects.
Worksite (also referred to as host) employer. An employer with which a staffing agency contracts or otherwise agrees to furnish persons for temporary employment in the industries described in NAICS sectors 23 (construction industry sector), and 31 through 33 (manufacturing industry sector).
WAC 296-801-100Staffing agency requirements.
Before the assignment of an employee to a worksite employer, a staffing agency must:
(1) Inquire about the worksite employer's safety and health practices and hazards at the actual workplace where the employee will be working to assess the safety conditions, workers tasks, and the worksite employer's safety program; these activities are required at the start of any contract to place workers and may include visiting the actual worksite. If, during the inquiry or anytime during the period of the contract, the staffing agency becomes aware of existing job hazards that are not mitigated by the worksite employer, the staffing agency must make the host employer aware, urge the host employer to correct it, and document these efforts, otherwise the staffing agency must remove the temporary workers from the worksite;
(2) Provide training to the employee for general awareness safety training for recognized industry hazards the employee may encounter at the worksite. Industry hazard training must be completed, in the preferred language of the employee, and must be provided at no expense to the employee. The training date and training content must be maintained by the staffing agency and provided to the employee upon request;
(3) Transmit a general description of the training program including topics covered to the worksite employer, whether electronically or on paper, at the start of the contract with the worksite employer;
(4) Provide the department's hotline number (1-800-4BS-SAFE, or 1-800-423-7233 and using option 2, then option 2 again to report unsafe working conditions) for the employee to call to report safety hazards and concerns as part of the employment materials provided to the employee; and
(5) Inform the employee who the employee should report safety concerns to at the workplace.
A staffing agency or employee may refuse a new job task at the worksite when the task has not been reviewed or if the employee has not had appropriate training to do the new task.
WAC 296-801-110Worksite employer requirements.
(1) Before each temporary employee engages in work for the worksite employer, the worksite employer must:
(a) Document and inform the staffing agency about anticipated job hazards likely encountered by the staffing agency employee/temporary employee;
(b) Review the safety and health awareness training provided by the staffing agency to determine if it addresses recognized hazards for the worksite employer's industry;
(c) Provide specific training tailored to the particular hazards at their workplaces; and
(d) Document and maintain records of site-specific training and provide confirmation that the training occurred to the staffing agency within three business days of providing the training.
(2) If at any time during the period of the contract the staffing agency notifies the worksite employer of job hazards that are not mitigated, the worksite employer must address them and ensure correction.
(3) If the worksite employer changes the job tasks or work location and new hazards may be encountered, the worksite employer must:
(a) Inform both the staffing agency and the employee; and
(b) Inform both the staffing agency and the employee of job hazards not previously covered before the employee undertakes the new tasks and update personal protective equipment and training for the new job tasks, if necessary.