Worker Safety

Chemical Hazard Communication Program

Every employer in Washington State is required to create and follow its own written Chemical Hazard Communication Program (HazCom) when employees work with or  are around hazardous chemicals. The Washington State Department of Labor & Industries offers free Consultation assistance for employers that need more help building a HazCom program.

Globally Harmonized System for Hazard Communication (Chapter 296-901, WAC) was among  top-10 most frequently cited rules for all businesses in 2019. See the others on the “Top-10 Rule Violations” page.

Learn the basics about chemical safety and educate your workers to avoid injuries and illness from chemical hazards. Sample program templates are available in English and Spanish:

OSHA Chemical Safety Standards

In order to ensure chemical safety in the workplace, information about the identities and hazards of the chemicals must be available and understandable to workers. OSHA’s Hazard Communication Standard (HCS) requires the development and dissemination of such information:

Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import, and prepare labels and safety data sheets to convey the hazard information to their downstream customers;

All employers with hazardous chemicals in their workplaces must have labels and safety data sheets for their exposed workers, and train them to handle the chemicals appropriately. The training for employees must also include information on the hazards of the chemicals in their work area and the measures to be used to protect themselves.

For more information see OSHA’s Hazard Communication page.

More Information on Chemicals in the Workplace

The OSHA Occupational Chemical Database compiles information from several government agencies and organizations. Information available on the pages includes chemical identification and physical properties, exposure limits, sampling information, and additional resources.

The NIOSH Pocket Guide to Chemical Hazards contains information on several hundred chemicals commonly found in the workplace; The Environmental Protection Agency’s (EPA’s) Toxic Substance Control Act (TSCA) Chemical Substances Inventory lists information on more than 62,000 chemicals or chemical substances; EPA’s ChemView provides information on test data and assessments; some libraries maintain files of material safety data sheets (MSDS) for more than 100,000 substances.

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Healthcare

WA Extending Special Enrollment Period

Washington State is extending the current special enrollment period for purchasing healthcare insurance from May 15 through August 15, 2021. This aligns with the recent federal announcement extending the special enrollment period for those using the federal marketplace. This special enrollment period allows currently uninsured individuals, and people both on and off the Exchange, the opportunity to benefit from these new savings.

The recently passed American Rescue Plan Act significantly increases the amount of tax credits individuals who enroll through Washington Healthplanfinder will receive, which reduces their monthly premiums. The Act also extends tax credits to middle-income Washingtonians who previously were not eligible for assistance and provides additional tax credits to all customers who receive at least one week of unemployment compensation in 2021.

Beginning May 6, new customers who apply through Washington Healthplanfinder will be able to see the amount of increased tax credits available through the new Act. The exact amount premiums will go down depends on where an individual lives, their age, and their income.

Current customers already receiving tax credits should keep their current contact and income information – including unemployment income – up to date in Washington Healthplanfinder to ensure they receive the maximum available benefit. The majority of these customers will not need to take action to receive additional tax credits and will see changes reflected in their June premiums. Customers will receive notification from Washington Healthplanfinder in April if any additional information is needed.

Customers paying premiums over 8.5 percent of their annual income will be eligible for tax credits for the first time if they report their income information. These new tax credits will be reflected in June premiums.

Customers seeking coverage through Washington Healthplanfinder can contact an Exchange certified Broker, Navigator, enrollment center or the Customer Support Center between 7:30 a.m. to 5:30 p.m. Monday-Friday at 1-855-923-4633; TTY: 855-627-9604 to initiate coverage. Free help from local experts is accessible by visiting: https://www.wahealthplanfinder.org/_content/find-expert-advice.html

Read more Frequently Asked Questions on the American Rescue Plan Act of 2021.

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Uncategorized

Essential Transportation Employee Safety Act

The Essential Transportation Employee Safety Act was introduced by Senators Maria Cantwell (D-Wash.), Edward J. Markey (D-Mass.) and Richard Blumenthal (D-Conn.) on February 8, 2021. The legislation, endorsed by U.S. transportation labor unions, would address workplace safety for essential transportation workers.

The Essential Transportation Employee Safety Act is endorsed by the International Brotherhood of Teamsters and the Transportation Trades Department–AFL-CIO (TTD). The legislation would provide priority access to PPE and coronavirus testing for essential transportation workers, including those working on airplanes, trains, and other forms of state and local public transportation.

Safety for these essential workers would be ensured through requirements that employers implement critical health and safety measures, including disinfection and sanitization of equipment and facilities used by transportation workers. The bill summary can be found here. The full text of the legislation can be found here.

How to File a Claim for COVID-19

Our suggestion to those that are diagnosed with COVID-19, and believe that they were exposed to the Coronavirus on the job, especially as a healthcare worker or first responder, is to file a claim with the Department of Labor and Industries. A claim can be:

  • Filed online
  • By phone: 1-877-561-FILE (3453)
  • At your doctor’s office (if you complete the Report of Accident at your doctor’s office, the doctor files the form for you)

You can watch a DLI video that describes the process for filing a claim if you need more information about the process.

What to Do if Your Claim is Denied

As with any claim decision, the Department of Labor and Industries will issue an Order and Notice stating that your claim was denied. You have sixty (60) days within which to file a written protest or appeal if you disagree with the decision. A protest can be faxed, mailed or submitted to the Department online. If no protest or appeal is filed within 60 days from the date you received the order, the decision becomes final and binding on all parties.

If you have questions or if your claim should be denied, please feel free to contact our firm for assistance. We offer a free case analysis, and would be happy to discuss the circumstances you are facing with you.

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WA Health Benefit Exchange

Healthcare Special Enrollment Period

Washington Health Benefit Exchange (Exchange) will open a special enrollment period starting Feb. 15 for Washingtonians. This aligns with President Biden’s executive order to re-open the federal health insurance marketplace, giving additional time to Americans still seeking health coverage during the pandemic.

The special enrollment will run for 90 days, ending May 15, 2021. During this time those currently uninsured, seeking coverage, or enrolled in off-Exchange health insurance (such as health sharing ministries, short-term limited duration plans or COBRA) can enroll. Current Washington Healthplanfinder enrollees will not be eligible for this special enrollment.

“The Washington Health Benefit Exchange will be following the Federal Exchange special enrollment period,” said Chief Executive Officer Pam MacEwan. “We want to be sure we provide every opportunity for Washingtonians to enroll in health care coverage during the global pandemic.” 

Customers seeking coverage through Washington Healthplanfinder must contact an Exchange certified Broker, Navigator, enrollment center or the Customer Support Center between 7:30 a.m. to 5:30 p.m. Monday-Friday at 1-855-923-4633; TTY: 855-627-9604 to initiate coverage. Free help from local experts is accessible by visiting: https://www.wahealthplanfinder.org/_content/find-expert-advice.html

Individuals who qualify will have 60 days to select a plan. Those who select coverage by the 15th of the month will begin receiving coverage the first of the following month. Coverage available includes Cascade Care plans, which offer deductibles that are on average $1,000 less than other plans, and cover more services prior to meeting a deductible, including primary care visits, mental health services, and generic drugs.

Enrollment is offered year-round for individuals and families who qualify for free or low-cost coverage through Washington Apple Health (Medicaid).

Reminder: Workers’ compensation benefits are NOT taxable income and should not be included in your household income figure when applying for health care coverage through the Exchange.

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Coronavirus

COVID-19 – File a Claim for WORKERS’ COMPENSATION

Workers who contract COVID through exposure to the coronavirus on the job may be able to file a claim for workers’ compensation benefits.

Exposure to the Coronavirus on the job could have a significant impact on a worker and their family. In those rare circumstances where the facts line up to support allowance of a claim, the benefits available under a workers’ compensation claim could help to alleviate this impact.

Coronavirus, COVID-19 and Workers’ Compensation Claims

Workers with significant exposures on-the-job, or with specific conditions of their employment exposing them to the virus, could file a claim and potentially receive benefits. With exposure to the Coronavirus rather commonplace within our communities, the connection between work exposure and development of COVID-19 must be direct and clear in order for a claim to be allowed.

Washington State has issued guidance for the Department of Labor and Industries (DLI) that there should be a presumption that the onset of COVID-19 is related to work exposures for some frontline workers, including healthcare workers and medical professionals. If a period of quarantine is medically necessary, the workers’ compensation claim would pay time loss compensation for these workers, even if they are not ill, for up to 14 days.

Other frontline workers, especially those performing essential services in high-risk environments, could also be entitled to benefits under a workers’ compensation claim. For claimants working in jobs not explicitly covered under the presumption of work relatedness, each claim will be reviewed on an individual, case-by-case basis. Specific criteria must be met for a claim to be allowed. The first step is to file a claim.

“Unfortunately, although DLI’s guidance is great news for frontline healthcare workers, for most other people the guidance incorrectly states the legal standard for allowing an occupational disease claim. For instance, DLI suggests that there must be “an increased risk or greater likelihood of contracting the condition” in the person’s particular employment. The Washington State Supreme Court has rejected the “increased risk” test (elsewhere referred to as the “positional risk” doctrine) in several cases, most recently in Street v. Weyerhaeuser, 189 Wn. 2d 187, 200-01 (2018).” –Brian Wright

If you believe you have been exposed to the Coronavirus and developed COVID-19 due to an on-the-job exposure, you should contact an attorney. If you have questions about COVID-19 and workers’ compensation, our firm is available to assist you.

Benefits Under a Workers’ Compensation Claim

The benefits available would include time loss compensation for the days the worker is unable to work due to quarantine or illness. The claim would cover the cost of allowed medical treatment. In many cases, if there is no onset of symptoms or recovery from illness happens quickly, there may be relatively little compensation paid under a claim.

In some cases, people face hospitalization and extended periods of recovery. In King County, as of the date of this writing, the data shows that 6.4% of positive cases require hospitalization. The King County daily summary dashboard provides statistics about testing numbers and rates for positive results, hospitalizations and deaths.

Medical expenses can quickly add up, and time lost from work may be greater than one would expect.

Permanent Impairment After COVID-19

In most cases, there are no lasting effects that remain after recovery from COVID-19. However, it is now becoming clear that there can be permanent effects from COVID-19 in some cases, even for people who recover without the need for hospitalization.

If there is permanent residual impairment after COVID-19, an allowed workers’ compensation claim would provide a monetary impairment award once the claim closes. The most common reported permanent effects are connected to impaired lung function. There are also reports of stroke, kidney, liver and heart conditions that remain after recovery from COVID-19.

Impairment awards paid at claim closure are based on ratings of permanent impairment made by a physician. For injury to internal organs, the State uses a category system for rating impairment. Each category relates to a set of symptoms present, with higher categories compensating for higher levels of impairment due to greater loss of function.

In the rare case where death results, the worker’s family could receive a burial benefit and compensation for the loss of life due to the work exposure and illness.

Filing a Claim for COVID-19

For those that are diagnosed with COVID-19 that were significantly exposed to the Coronavirus on-the-job, a worker can file a claim with the Department of Labor and Industries. A claim can be filed:

  • Online via DLI’s FileFast tool.
  • By phone: 1-877-561-3453 (FILE).
  • At your doctor’s office (if you complete the Report of Accident at your doctor’s office, the doctor files the form for you).

You can watch a DLI video that generally describes the process for filing a claim if you need more information about the steps to be taken.

More Information and Resources

DLI has a page of information and links to resources dedicated to answering questions about COVID-19 and workers’ compensation. This includes questions raised by employers and businesses, injured workers whose non-COVID claims have been impacted by the social changes brought on by the virus, as well as workers who believe they have developed COVID-19 through work exposure.

The Washington Department of Health has a COVID-19 Information Line: 1-800-525-0127. Phone lines are staffed from 6 am – 10 pm. Interpreter services are available in multiple languages.

If you have questions about COVID-19 and workers’ compensation, or if your claim was denied, please feel free to contact our firm. We offer a free case analysis, and would be happy to discuss your specific circumstances with you.

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Interpreter Services

Launch of Interpreter System Delayed

The launch of the planned interpreter system for scheduling services is being delayed by the Department of Labor and Industries (DLI).

DLI is currently reassessing their implementation timeline for the new interpreter scheduling system, InterpreterWorks.  This reassessment includes the following:

  • Review of current work done to build this system.
  • Incorporating feedback of end-users received during test-sessions.
  • Clarifying registration process for both interpreters and providers.
  • Determine a go-live date.

The go-live date is expected to be announced sometime this spring, with at least 30 days advance notice. To ensure a smooth transition, DLI will allow current schedulers to continue operating for a limited amount of time. In the meantime, users are recommended to continue to use their current interpreter system process.

Get More Info, and Give DLI Your Opinion

DLI offers answers to the most frequently asked questions (FAQs) and invites you to learn more.  DLI also encourage both providers and interpreters to register for the new online appointment scheduling system through interpretingWorks. 

Please contact DLI directly at interpretation@Lni.wa.gov with any questions or concerns. Voicing your opinion now may help everyone involved in the provision of interpreter services to claimants.

De-activating Interpreter Agency Accounts

To comply with the new law, all interpreter agency accounts, and interpreters doing business with DLI under those agency group accounts, will be de-activated in early 2021. Interpreters who want to continue providing services to injured workers and victims of crime may enroll with interpretingWorks or maintain an independent interpreter provider account at DLI. Agencies have one year to bill DLI for services provided prior to this cut-off date. 

What Will Happen to Independent Interpreters?

There will be limited opportunities for independent interpreters to provide services for DLI appointments after the interpretingWorks roll-out. Their services are only approved for use in on-demand appointments that do not have a pre-scheduled time, such as emergency, urgent care, and walk-in appointments.

In very rare cases, DLI may approve a claimant’s request to work with a consistent, independent interpreter. These requests will be addressed on a case-by-case basis.

What About the Claimant’s Needs?

A lack of choice in which interpreter an injured worker chooses to work with while going through the process of medical and vocational services under a claim is significant. It is not like requesting a driver through a ride-share app, but that is how the system seems to treat it, at least at first glance.

There may be more bumps in the road on this journey towards implementation of the new interpreter system. Claimants should make their opinions and needs known to DLI along the way.

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Coronavirus

Healthy Washington–Roadmap to Recovery

“Healthy Washington — Roadmap to Recovery” is the COVID-19 phased recovery plan announced by Governor Inslee on January 5, 2021. The Healthy Washington recovery plan will take effect on Monday, January 11, 2021. All regions start under Phase 1 guidelines.

This new recovery system aims to safely ease some restrictions while also maintaining crucial hospital capacity, protecting access to healthcare and promoting economic recovery across the State.

Eight Regions

There will be eight regions of four or more counties, divided according to available health care services based on metrics such as hospitalizations, case data and disease mobility.

Source: WA’s Governor’s Office on Medium

The Healthy Washington — Roadmap to Recovery regions are as follows:

  • Central: King, Pierce, Snohomish
  • East: Adams, Asotin, Ferry, Garfield, Lincoln, Pend Oreille, Spokane, Stevens, Whitman
  • North: Island, San Juan, Skagit, Whatcom
  • North Central: Chelan, Douglas, Grant, Okanogan
  • Northwest: Clallam, Jefferson, Kitsap, Mason
  • South Central: Benton, Columbia, Franklin, Kittitas, Walla Walla, Yakima
  • Southwest: Clark, Cowlitz, Klickitat, Skamania, Wahkiakum
  • West: Grays Harbor, Lewis, Pacific, Thurston
Restrictions Under Healthy Washington – Roadmap to Recovery

Key restrictions in Phase 1 are:

  • Indoor social gatherings are prohibited, outdoor social gatherings are limited to ten people and no more than two distinct households.
  • Indoor worship services, retail stores, professional services and personal services (hair salons, nail salons, etc…) are limited to 25 percent capacity. Where possible, remote work/attendance and curbside pickup are encouraged.
  • Indoor dining at any eating or drinking establishment is prohibited. Outdoor dining is limited to six people per table and no more than two households at each table. Establishments must close by 11 p.m.
  • Weddings and funeral ceremonies are limited to no more than 30 people. Indoor receptions, wakes or similar related gatherings in conjunction with such services are prohibited.
  • Indoor entertainment establishments may offer private reservations for individual households and no more than 6 people. General admission is prohibited.
  • Outdoor entertainment establishments may offer timed ticketed events to groups of ten (limit two households) at a time.

Depending on the activity, additional restrictions and/or requirements for reopening (required masking, spacing, etc…) may also be in effect. To read the full phase activity chart, and for additional information on Phase 1 permitted activities, see here.

How Regions Will Progress Through the Phases

Progress through the Healthy Washington phases is dictated by four metrics measured by region:

  • Decreasing trend in two week rate of COVID-19 cases per 100,000 population (decrease has to be greater than 10 percent)
  • Decreasing trend in two-week rate in new COVID-19 hospital admission rates per 100,000 population (decrease must be greater than 10 percent)
  • Total (COVID and non-COVID) ICU occupancy has to be less than 90 percent capacity
  • COVID-19 test positivity rate must be less than 10 percent.

Progress will be determined automatically, no application by the regions will be required. The Washington State Department of Health will evaluate metrics each Friday, with any movement – forward or backward – taking effect the following Monday.

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Coronavirus

HVAC Systems Can Help Reduce COVID-19

Optimized HVAC systems can help reduce exposure to COVID-19. The Department of Labor & Industries (L&I) just published “COVID-19 Guidance on Ventilation in the Workplace” – a one-page tip sheet on ventilation improvements that can be made to help provide a workplace free of safety and health hazards.

Coronavirus is a serious workplace health hazard. Adequate ventilation throughout the work environment can help to maintain a safe and healthy workplace.

Items that can be addressed to update HVAC systems include:

  • Building owners and managers can work with an HVAC professional to optimize building ventilation.
  • Document inspections performed, the findings of those inspections and the changes made.
  • Replace air filters regularly, and look into ways to improve air filtration, including use of HEPA filters.
  • Ensure exhaust fans in restrooms are set up properly, are fully functional, and are set to remain in constant operation.
  • Change settings that shut systems down or reduce their use during off hours, so that air is continually circulated within the building.
  • Set up the HVAC systems to bring in as much outside air as possible, avoiding recirculation of indoor air.

The tip sheet provides detailed instructions for these and other steps that can be taken to optimize HVAC systems in workplaces.

Free safety and health assistance for employers is
available from L&I’s Consultation Program:
DOSHConsultation@Lni.wa.gov or
www.Lni.wa.gov/DOSHConsultation.

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Coronavirus

Appeals Hearings All Remote Through June 2021


All Board of Industrial Insurance Appeals hearings will be by remote access through June of 2021. The Board has extended the period of time that Board offices will remain closed to the public due to the Coronavirus.

Board judges will typically handle proceedings by telephone conference calls. In certain circumstances, the judge may opt for video conferencing using a third-party service, CourtCall. This is usually for the purpose of appeals hearings, where evidence and testimony is presented, rather than more informal procedural events.

Conferences and Hearings to Be Adjusted

Board judges will reach out to those parties with events impacted by this extension. The judge will ask if they can convert the proceedings from live to remote-access events. In the event that a party is aggrieved that the appeal proceedings will be remote, a request can be made for the case to be continued to a later date. This would most likely be in the case of a hearing. This decision is at the judge’s discretion. Any rescheduled event date is subject to the availability of the judges and parties and will likely cause a delay in proceedings.

More Information and Assistance

More information about this process can be found on the Board’s website.

We often suggest that claimants have legal representation when their case is on appeal. This may be especially true when appeal hearings will be conducted via remote access. Feel free to contact our firm for assistance with your case. We offer a free analysis of your case and will give you our opinion on whether you need legal assistance, or not, and how we recommend you proceed.

Case number chart Nov 2020 - WA Dept. of Health
Coronavirus

COVID-19 Restrictions Tightened in WA

COVID-19 restrictions tightened for the entire state for 4- week period.

On Saturday, Governor Inslee announced a tightening of the restrictions on activities in place to prevent the spread of the coronavirus. The new restrictions take effect on midnight tonight, November 16, 2020, with the exception of those placed on restaurants and bars, which take effect on Wednesday. The restrictions are currently set to expire on December 14th.

CW Remains Fully Operational

Causey Wright has remained open and fully operational in a manner that almost matches the current increased restrictions exactly. We have maintained a low number of essential employees and clients/visitors inside the office, with most employees working from home, since the beginning of the pandemic. We have precautions and procedures in place to ensure the safety of anyone in the office. We will make minor adjustments to our plan to adapt as the COVID-19 restrictions tightened require.

Litigation Events

All scheduled court proceedings before the Board of Industrial Insurance Appeals and the Superior Courts are held via a remote-access. In many cases, our clients have opted to provide their testimony, whether before the judge or through a deposition, from our office. We have computers, web cameras and a strong wifi signal, and your attorney will be in the office, as well, to help with the process and provide full legal services before, during and after the litigation event.

We will coordinate with each client to meet their needs. For some, the ability to participate in their litigation from home is welcome. Others prefer to be in the office. Either way, we can make it work.

The COVID-19 restrictions tightened, but your case has not stopped. If you have concerns about an upcoming proceeding, or if you need assistance with a workers’ compensation claim, please contact us.

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Published by Causey Wright