Category Archives: Coronavirus

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Coronavirus

School Openings and Workers’ Compensation

We have received questions about teachers, school openings and workers’ compensation in light of the Coronavirus. Many teachers are worried about returning to the classroom. Workers’ compensation benefits may be available if teachers get sick in the classroom.

Reopening of Schools for 2020-2021 School Year

In Washington State, Governor Inslee is leaving the decision of when and how to reopen schools to the districts to decide. “We’ve got to give the districts some time to really to think about what works for them rather than dictating to them a one-size-fits-all solution,” Inslee said.

Governor Inslee’s July 9 Press Conference

Seattle Public Schools Superintendent Juneau is recommending to the School Board that Seattle Public Schools start the 2020-21 school year remotely. They would follow the remote instruction model until the risk of significant transmission of COVID-19 has decreased enough to resume in-person instruction. The School Board will vote on Superintendent Juneau’s recommendation and an associated plan for Fall 2020 on August 12.

Superintendent Juneau recommends remote-learning instruction model.
WEA Demands Safety First

The Washington Education Association (WEA) has written that safety must come first in any plans to return to school in the fall. WEA is calling for the 2020-21 school year to begin with distance learning and virtual instruction.

Teachers, School Openings and Workers’ Compensation

Governor Inslee announced workers’ compensation coverage for quarantined health workers/first responders on March 5, 2020. The expanded coverage takes effect immediately and covers eligible workers already under quarantine. There is a presumption that, if these workers come down with COVID-19, their exposure was related to their work activities and that workers’ compensation benefits are due.

Teachers, as well as other workers that might be considered essential, do not have a presumption of coverage at this time. However, workers’ compensation claims have and should be filed if workers come down with COVID-19. The Department of Labor and Industries has acknowledged processing claims filed for COVID-19.

Workers’ compensation coverage can include medical testing, cover treatment expenses if a worker becomes ill or injured and provide time-loss payments for those who cannot work if they are sick or quarantined. A claim can also include benefits for permanent impairment or should death occur due to the virus.

Our suggestion to those that are diagnosed with COVID-19, and believe that they were exposed to the Coronavirus on the job, including teachers as well as other workers, is to file a claim with the Department of Labor and Industries. Workers can file a workers’ compensation claim up to two years after being exposed to a disease at work.

How to File a Workers’ Compensation Claim

A claim can be:

  • Filed online
  • By phone: 1-877-561-FILE (3453)
  • Through your doctor’s office

As with any claim decision, the Department of Labor and Industries will issue an Order and Notice stating whether your claim is allowed or denied. You will 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 any questions, either before filing a claim or if a 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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Coronavirus

Rollbacks to Some Activities to Slow COVID-19 Exposure

Gov. Jay Inslee announced rollbacks to some activities to slow COVID-19 exposure in Washington State. Changes are being made to Washington’s “Safe Start” phased approach to reopening. The changes target activities that data have shown provide a higher risk of COVID-19 exposure.

It has been four months since the governor announced the state’s “Stay Home, Stay Healthy” order. Since then, cases in Washington have risen from 2,000 to almost 50,000, and deaths have increased from 110 to nearly 1,500.

To combat the rising numbers, the governor and Secretary of Health John Wiesman are changing guidance and regulations around restaurants, bars, and fitness centers as well as weddings and funerals. The changes will also affect family entertainment centers, movie theaters and card rooms.

“We do not take these steps lightly. We know every prohibition is a challenge for individuals and business owners,” Inslee said during a press conference. “But we know that if we fail to act, we expose people and businesses to even greater risk down the line.”

Read the rest of the story on rollbacks to some activities on the governor’s Medium page.

Requirements for All Employers

The full details of the Safe Start Washington – Phased Reopening County-by-County plan is available here. The following is an outline of the requirements for employers under this plan. For all of the fine-point details, refer to the Safe Start document. In all phases – Employers are required to:

  • Provide (at no cost to employees) cloth facial coverings to employees, unless their exposure dictates a higher level of protection under the Department of Labor & Industries’ safety and health rules and guidance. Since June 8, all employees have been required to wear a cloth facial covering, consistent with the Washington State Department of Labor & Industries’ COVID-19 workplace safety and health rules and guidance.
  • Cooperate with public health authorities in the investigation of cases, suspected cases, outbreaks, and suspected outbreaks of COVID-19; cooperate with the implementation of infection control measures, including but not limited to isolation and quarantine and environmental cleaning; and comply with all public health authority orders and directives.
  • Notify the local health jurisdiction within 24 hours if it is suspected that COVID-19 is spreading in the workplace, or if you 2 or more employees develop confirmed or suspected COVID-19 within a 14-day period.
  • Keep a safe and healthy facility in accordance with state and federal law, and comply with COVID-19 worksite-specific safety practices.
  • Educate workers in the language they understand best about coronavirus and how to prevent transmission, and the employer’s COVID-19 policies.
  • Maintain minimum six-foot separation between all employees (and customers) in all interactions at all times. When strict physical distancing is not feasible for a specific task, other prevention measures are required, such as use of barriers, minimizing staff or customers in narrow or enclosed areas, and staggering breaks and work shift starts.
  • Ensure frequent and adequate hand washing with adequate maintenance of supplies. Use disposable gloves where safe and applicable to prevent virus transmission on tools or other items that are shared.
  • Establish a housekeeping schedule that includes frequent cleaning and sanitizing with a particular emphasis on commonly touched surfaces
  • Screen employees for signs/symptoms of COVID-19 at the start of their shift. Make sure sick employees stay home or immediately go home if they feel or appear sick. Cordon off any areas where an employee with probable or confirmed COVID-19 illness worked, touched surfaces, etc. until the area and equipment is cleaned and sanitized. Follow the cleaning guidelines set by the Centers for Disease Control to deep clean and sanitize.
  • Post a sign requiring customers to wear cloth facial coverings, and prominently display it at the entrance to the business so that it is immediately noticeable to all customers entering the store.
  • Follow requirements in Governor Inslee’s Proclamation 20-46 High-Risk Employees – Workers’ Rights.

Businesses are also required to implement any health and safety requirements developed specifically for
their industry.

More Information for Workers

If you have questions or concerns about exposure to the Coronavirus on-the-job and how the workers’ compensation process will work, feel free to contact our firm for assistance.

For more detail about the rollbacks to some activities:

  • Read updated guidance for restaurants/taverns here. 
  • Read updated guidance for card rooms here. 
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Coronavirus

First Safe Start Citation Issued

Fitness gym in Yakima County receives first Safe Start citation, fined nearly $10K for operating in violation of governor’s order.

The Department of Labor and Industries (DLI) has issued the first Safe Start citation against an employer for ignoring the Governor’s Safe Start order. DLI’s press release states that Bradshaw Development, Inc. , owner of Anytime Fitness Selah, was cited after DLI inspectors found the gym open for business on June 15th, when it should’ve been closed under the governor’s order.

The governor’s Safe Start proclamation prohibits most businesses from operating unless their county is in the appropriate phase of the statewide plan to reopen their economy and other aspects of daily living. Anytime Fitness Selah is in Yakima County, one of the state’s most active areas for coronavirus (COVID-19) infections. The county remains in Phase 1, the most restrictive tier of the four-phase state plan.

DLI Inspection

DLI inspected the Selah facility after receiving multiple complaints from the public and a referral from the Yakima Health District that Anytime Fitness was operating in violation of the governor’s proclamation. Before DLI conducted the inspection, state workers contacted the business multiple times; they informed the business about the order and directed it to close.

The state had received 13 complaints since May about Anytime Fitness Selah. People submitting complaints said the gym allowed customers to work out without requiring social distancing, was selling new memberships, and was posting on social media that it was open.

In an email to the governor’s office, a Yakima Health District official said numerous community members were reporting that the fitness center was open and that a staff member drove by and saw the building was packed with customers.

DLI notified Anytime Fitness Selah about the requirement to close to the public in a phone call, email, letter, and inspection. The citation is a “willful general” violation, meaning the employer knew about the safety requirements, but refused to follow them.

When inspectors went to the facility on June 15th, they saw several employees working, as well as customers entering and using the facility.

Exposing workers to COVID-19

Operating and serving customers during Phase 1 exposes Anytime Fitness Selah workers to an unacceptable risk of coronavirus exposure, according to the citation from DLI’s Division of Occupational Safety and Health (DOSH).

Along with being cited for the violation, the business faces a $9,639 fine. The business had until July 5 to close or 15 working days to appeal.

“Our primary focus is making sure employers do everything possible to prevent their workers from being exposed to the coronavirus,” said DLI Director Joel Sacks. “In this case, Anytime Fitness Selah was clearly aware it was operating in defiance of the governor’s order and putting employees at risk. They chose to stay open even after multiple contacts with DLI. And, it’s just not fair to businesses that are following the rules when others don’t.”

Businesses given several chances to comply

By the time DLI receives a Safe Start referral from the state Emergency Operations Center (EOC) team, the business has already been contacted by phone and, when possible, by email to ensure they understand the Safe Start rules. In most cases, businesses comply.

If employers say they won’t follow the rules or DLI receives more complaints, the department sends a letter warning that they could be fined if they remain open. Inspectors may later drive by the businesses to make sure they’re complying. If they’re open, the case is referred to a DOSH investigator, who inspects the work site in person and may issue a citation.

Other Safe Start violations under review

Through June 26th, DLI staff working at the state EOC had contacted more than 400 businesses about complaints filed about their operations. The staff have given businesses guidance and answered questions when possible. The team still has approximately 1,300 businesses to contact about possible Safe Start violations.

People who believe a business is violating Safe Start rules can report it online.

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Coronavirus

How to Wear a Mask Project

The How to Wear a Mask Project

The City of Seattle gave our own Lexi Potter a shout-out for her initiative and action in launching the How to Wear a Mask project. Lexi noticed others not wearing their masks in the most effective manner while commuting to work, and thought simple instructions on the proper use of face coverings could help everyone in the community.

Lexi and a group of friends designed informative posters to help people understand how to effectively wear masks to protect their friends and family. They have printed hundreds of posters, some now translated into Chinese (with other languages on the way), that they are distributing to local businesses and hanging up throughout the city.

Lexi is one of our essential employees that has continued to come into the office throughout the Stay at Home order. As King County has moved through the phases of reopening, Lexi has been the hub that has kept all the wheels turning, enabling the firm to remain fully open and functional while most of the team is working from home.

Free Face Masks!

Washington will supply masks to eligible residents for free, coinciding with the Governor’s order to make mask-wearing mandatory across the state. This order went into effect on June 26th.

Washington state has purchased 3.6 million cloth face masks for every person in Washington below 200% of the federal poverty level (a family of four earning $52,400 or less). Local emergency management programs, are working with various community organizations and service providers to deliver them to people who need them.

Masks will be available through your local public health department and other community organizations. Watch locally for news about how masks are being distributed in your area.

The Department of Health recommends you throw away any masks you might have that don’t stay on your face right or have holes in them.

Mask Challenge

How to wear a face mask, where to get a free face mask, and now a face mask challenge! The Lieutenant Governor, Cyrus Habib, has kicked off the challenge, asking anyone that makes a minimum of 10 masks to register to donate the masks for distribution. Instructions for sewing masks are provided, here. There are links on the challenge page to donate masks or request masks.

Lt. Governor Cyrus Habib announces the Washington Mask Challenge, a statewide initiative to encourage Washingtonians to make, wear, and donate cloth face masks.
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Coronavirus

Closures Due to State Furloughs

The Department of Labor and Industries (DLI) is implementing closures due to State furloughs. Governor Jay Inslee announced the cancellation of some state employee raises and the need for furloughs on June 17, 2020.

A 3% pay raise previously approved by the legislature and set to take effect as of July 1st has been cancelled. The cancellation effects roughly 5,600 State employees. According to a press release, the raises will be canceled “for agency directors, Exempt Management Service and Washington Management Service employees, and all other exempt employees who earn more than $53,000 annually.”

Governor Inslee also directed all cabinet agencies in Washington State to take furlough days as a result of the state budget shortfall related to the COVID-19 pandemic. Approximately 40,000 State employees will be impacted by the furloughs.

There will be scheduled weekly furlough days in July and monthly furlough days through November. In addition, employees are encouraged to take additional voluntary furlough days. Starting this week, DLI will begin this process.

DLI Closures Due to State Furloughs

Many DLI employees will go on furlough one day per week through July 25 and will not answer phone calls or emails. DLI’s Tumwater and field office locations will be closed on the furlough days, as well.

The schedule for closure days during the month of July is as follows:

•Thurs., July 2 (we’ll also be closed Fri., July 3 to observe Independence Day).
•Fri., July 10.
•Fri., July 17.
•Fri., July 24.

There will also be closures due to State furloughs beyond the month of July. Many employees also must take a furlough day once a month from August to November. Specific dates have not been determined.

“We remain committed to keeping Washington safe and working, and our services vital to public health and safety – DOSH, Electrical Inspections, workers’ compensation benefits – remain operational during furlough days.“

Anne F. Soiza
L&I Assistant Director, 
WA State Department of Labor and Industries
More Information

Temporary changes to Department policy are already in place in response to the pandemic. Workers that are unable to work due to an injury should continue to receive benefits without significant delay or interruption from the closures due to State furloughs.

If you have questions about your workers’ compensation claim, feel free to contact our firm. We offer a free case analysis and stand ready to assist you when you need help.

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Coronavirus

Interpreter Services Payment Policies Extended

COVID-19 Temporary Interpreter Services Payment Policies Extended to June 30, 2021 by the Department of Labor and Industries.

The Department of Labor and Industries (DLI) developed the COVID-19 temporary interpreter services payment policy to ensure meaningful access to interpreter services to support the safety and health of their clients during the pandemic. This policy allows in-person interpreters the option of providing video or telephone interpretation. The original COVID-19 Temporary Policy expiration of July 3, 2020, has been extended until June 30, 2021. 

The updated COVID-19 temporary Interpreter Services via Video or Telephone policy is available on the Medical Aid Rules and Fee Schedules Updates and Corrections webpage.

DLI says it is continuously evaluating the effectiveness of these policies to help injured workers heal and return to work. In the event DLI determines it is appropriate to either end or extend these policies, we will send an advanced notice through this messaging service. 

Interpreter services are a covered benefit for all injured workers, including self-insured and crime victims, who have an open and allowed claim. DLI will not reimburse interpreters who are family or friends of the worker, or for any legal purposes, such as attorney appointments, legal conferences, depositions, or testimony at the Board of Industrial Insurance Appeals, or any court.

More Information

To find an interpreter, use L&I’s Interpreter Lookup Service.

Questions on the payment policies? Contact DLI at HPPM@lni.wa.gov. 

Questions about Interpreter Services? Contact DLI at interpretation@lni.wa.gov.

Questions about your workers’ compensation claim? We are happy to discuss your case with you. We can work with a friend or family member to interpret for you. We also work with certified interpreters and can make a referral, if needed.

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Coronavirus

Mask Wearing Is Now Required in WA State

Mask wearing is now required in Washington State. Governor Inslee implemented a new statewide requirement that all residents wear masks in public. On June 23rd, Governor Inslee announced a new statewide requirement that all Washingtonians and visitors to the State wear facemasks or coverings in indoor public places such as stores, offices and restaurants. The order also requires that face coverings be used in outdoor settings where people cannot stay six feet apart from people not of their own household.

Governor Inslee’s order follows significant increases in the COVID-19 transmission rate throughout Washington. Yakima County is currently a hotspot, with a rate of COVID-19 spread in that is 27 times that of King County. The Governor has paused the process for counties to enter Phase 4, due to increases seen in case numbers across the State. This pause effects even the 7 counties where the data would otherwise support entering the final phase of reopening, which has essentially no restrictions on activities or business.

Skagit County has also seen an increase in transmission over the last several weeks. According to a notice from Skagit Public Health, this increase is primarily due to unauthorized social gatherings, travel and transmission between coworkers. Skagit County is currently in Phase 2.

As more and more people return to work, begin eating out in restaurants again, and seeing friends and family, the importance of taking precautions against the spread of the Coronavirus increases. Mask wearing is a simple precaution that almost everyone can implement. There are exceptions for those who are not medically able, are deaf and/or hard of hearing, and children under 5 years of age.  Everyone else should wear a mask.

There is ambiguity when the order states that mask wearing is required outdoors when you cannot be at least six feet apart from other people. This can be hard to maintain in the city, where you likely should wear the mask anytime you’re walking down the street. But, even is out on a hiking trail, you should be prepared to put a mask on when you come into contact with others.

The mask wearing requirement went into effect on Friday, June 26, 2020. Willful noncompliance is a misdemeanor offense. You can find further information on the Washington state Coronavirus website.

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Coronavirus

King County Enters Phase Two

As King County enters Phase Two, many workers will be returning to their jobs. King County entered Phase Two of the Safe Start plan for reopening on June 19th. Under the Safe Start plan, many more types of businesses can reopen in some fashion. Read the full notice, here.

Some of the types of businesses that can reopen as King County enters Phase Two include:

  • Card rooms: All card rooms are subject to Phase 2 guidance which generally restricts the card room designated area to the lesser of 25% capacity or 50 individuals. The restaurants or taverns area of the facility is required to follow the Phase 2 guidance, which restricts capacity to 50% and prohibits bar service. Games are also limited to 25% occupancy per table. Limitations on capacity does not include staff.
  • Restaurants and taverns: All restaurant and tavern operations are subject to Phase 2 guidance which prohibits any bar seating and restricts indoor customer occupancy to 50% of a building’s occupancy or lower as determined by the fire code. Outdoor dining is allowed at 50% of capacity and does not count toward the building occupancy limit; additional outdoor seating will be allowed provided it follows Public Health – Seattle & King County’s best practices and a restaurant secures any municipal permit that may be required.
  • Real estate (residential and commercial): All real estate activities are subject to Phase 2 guidance which generally restricts out of office activities to appointment only and with no more than three people; office activities require reservations for in-person customer services and guest occupancy is limited to 50% of a building’s occupancy.
  • Personal services: Includes Cosmetologists, Hairstylists, Barbers, Estheticians, Master Estheticians, Manicurists, Nail Salon Workers, Electrologists, Permanent Makeup Artists, Tattoo Artists, Cosmetology Schools and Esthetics Schools. Limitations: All personal services are subject to Phase 2 guidance which restricts customer occupancy to 50% with the exception of one to one services in an enclosed room.
  • Domestic services: Includes any worker (hourly, salaried, independent contractor, full-time, part-time, or temporary) who is paid by one or more employer and provides domestic services to an individual or household in/about a private home as a nanny, house cleaner, cook, private chef, or household manager. Limitations: All domestic services are subject to Phase 2 guidance.
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Coronavirus

Which Mask for Which Task – DLI News

New workplace mask guidance helps determine Which Mask for Which Task

Most workers in Washington have to wear a mask or face covering at work under new coronavirus workplace safety and health requirements that took effect June 8th.

With some exceptions, workers must wear some type of face covering or mask to help limit the spread of the coronavirus to those around them. Other higher-risk jobs may require respirators to protect the worker from infection by patients or clients.

Under the requirements, employers must provide the face coverings and masks to employees at no charge. Workers can bring their own face coverings and masks as well, as long as they meet requirements.

Which mask for which task

The new Department of Labor & Industries (DLI) guidance document describes various types of jobs based on the level of risk to workers, from negligible risk to extremely high. The publication spells out which face-covering, mask, or respirator is required for that task.

Along with details about the appropriate protective face covering, the guidance also includes photos to help workers and employers identify the type of mask required.

“We know that choosing the correct face covering, mask or respirator can be confusing. It’s a new experience for most employers and people on the job,” said DLI Assistant Director Anne Soiza. “This guidance should help employers and workers understand the risk level for various tasks, and make the right choice to protect workers from the coronavirus. Employers needing assistance can call on our statewide consultants for help.”

Exceptions to mask requirements

There are some limited exceptions to the workplace requirements for masks and face coverings. For example, someone working alone in an office, vehicle, or at a jobsite with no in-person interactions is not required to wear a face covering or mask.

Other exceptions include workers who are deaf or hard of hearing, or a person on the job who communicates with someone who relies on language cues such as facial markers and expression and mouth movements as a part of communication. A worker with a medical condition or disability that makes wearing a facial covering inappropriate is also exempt from the requirement.

New training and information

DLI has developed a training template that employers can use to meet requirements to train employees about coronavirus. It covers numerous topics including symptoms, transmission, face coverings and worker rights. The training is available in English and Spanish online.

The nature of the outbreak changes daily, so it’s important for everyone to have the most current information. DLI has a COVID-19 webpage, and there’s important information on the state Coronavirus Response (COVID-19) site. There’s also an online form for people to report suspected violations of the Governor’s orders regarding essential business functions, evictions, and social distancing.

Information is the best resource to protect workers and the public. DLI urges employers to stay as informed as possible, and to take all measures necessary to keep Washington workers safe and healthy.

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Coronavirus

Appeal Proceedings will be by Remote Access Through July.

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

If you have proceedings set through July 3rd, there should be no need to change them. Any court proceedings scheduled as in-person events during the July 3 – July 31 extension period will need to be addressed.

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 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 in July. 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

Appeal proceedings will be by remote access through July 31st. More information about this process can be found on the Board’s website. If you have an appeal pending, you may also contact the judge assigned to your case, or their assistant.

We often suggest that claimants have legal representation when their case is on appeal. This may be especially true when appeal proceedings will be 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.

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