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Coronavirus

Hazard Alert on Hospital Worker Safety

A COVID-19 Hazard Alert on hospital worker safety has been issued by the Washington State Departments of Labor & Industries (DLI) and Health (DOH).

Concern over COVID-19 cases in hospital workers has prompted DLI and DOH to clarify and update hospital guidance to prevent the spread of the virus to staff and patients.

The Hazard Alert on hospital worker safety was issued on September 17, 2020. It highlights key worker safety and health requirements and guidance on employee training, proper use of respirators and Personal Protective Equipment (PPE), social distancing, disinfecting procedures, and the importance of a comprehensive infection control program. The alert aligns hospital requirements with the most current information about transmitting the virus.

“Health care workers are on the front lines of the pandemic caring for others. This Hazard Alert spells out what hospitals must do to take care of all of their workers to prevent them from getting infected on the job,” said Anne Soiza, DLI assistant director for the Division of Occupational Safety and Health (DOSH).

“Employee safety and patient safety are equally important,” Soiza added.

Details of the Hazard Alert on Hospital Worker Safety

The alert covers several key areas including training on COVID-19 procedures and infection control. Among the requirements, hospitals must:

  • Replace disposable respirators and procedural masks daily at the beginning of each shift and immediately upon employee request when soiled or damaged during the shift. Multiple shift use of disposable respirators/masks is not allowed.
  • Train and ensure sick employees do not report to work and immediately leave work when they become symptomatic.
  • Ensure facilities are adequately staffed with qualified infection prevention staff and resources.
  • Provide adequate space and procedures for employees to physically distance at a minimum of six feet in break rooms, nurse stations, cafeteria and other spaces where they congregate.
  • Maintain hospital-wide policies and procedures consistent with state and national guidelines as they evolve for COVID-19.

DLI is working closely with the DOH on this issue. DOH supports local health agencies as they respond to COVID-19 cases and outbreaks, including those at hospitals, and conducts oversight of hospitals under state licensing laws.

DOH is coordinating with local health agencies and the Washington State Hospital Association on opportunities to provide hospitals with the education and support necessary to keep health care employees and patients safe from COVID-19 and other infections.

Guidance for Specific Industries

Along with the guidance for health care and long-term care workers, guidance for other industries is available on the DLI DOSH coronavirus webpage.

The state coronavirus webpage has links to important information and guidance related to the pandemic from numerous state agencies.

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Safety Violation

Chilos Builders Fined Over $230,000

Chilos Builders, an Everett company, was fined over $230,000 for safety violations. The Washington State Department of Labor & Industries (DLI) cited the company for eight safety violations, including exposing employees to fall hazards while working two and three stories above ground. The company has a history of safety violations.

“We’ve cited this company for numerous safety violations the past few years, and we’ve told them many times how to protect their workers from falling from elevations,” said Anne Soiza, DLI assistant director for the Division of Occupational Safety and Health (DOSH). “These safety rules are in place to protect workers, and this employer is blatantly ignoring them while other employers protect their workers from harm.”

As a result of these recent violations, DLI has designated the framing contractor a severe violator. That means inspectors will continue to inspect the company’s work sites until the unsafe conditions no longer exist.

It appears from Washington State data that the corporation has been dissolved and the business closed.

Apart from these current citations, DLI has inspected Chilos Builders under its current name and a previous name, Solorio’s Framing, five times since 2016. Each of those prior inspections resulted in DLI citing the company for safety issues including fall violations. Chilos Builders has appealed the citations from one of the inspections in 2018.

In a separate action, DLI suspended the company’s contractor registration in April for failing to have liability insurance. The registration remains suspended.

The United States Department of Labor Occupational Safety and Health Administration (OSHA) has an open inspection report with over $137,000 in safety violation fines pending, as well.

History of Workers Injured in Falls

Chilos Builders, owned by Ana Iglesias and managed by Cecilio Solorio, has reported 30 worker injuries under the two companies since 2016. The injuries include three caused by workers falling from heights of 8 to 15 feet.

Details of the Current Citations

DLI issued the recent citations for violations at job sites in the Georgetown and Ballard neighborhoods in Seattle. The fines were imposed after inspections at two Seattle construction job sites found numerous problems that placed workers at significant risk.

Georgetown: Refused to Follow Safety Rules

The most recent safety violations occurred in April when the company was helping build new apartments in Georgetown. Inspectors found inadequate safety rails on the roof, where six of the company’s framers were working just over 28 feet above ground.

In addition, there were four unguarded wall openings 9.5 feet above ground and no handrails on stairways leading to the second floor.

The Georgetown violations resulted in three citations totaling $126,000 in fines. The citations were designated “willful,” meaning the employer knew or should have known the rules, but refused to follow them.

The company corrected the safety hazards the day after inspectors first arrived.

Ballard: Fall Protection Lacking on Second and Third Floors

Two months earlier, in February, inspectors found five safety violations when the company was working in Ballard on another multi-unit residential project.

Two of the citations were considered willful, including one for failing to install fall protection on window and door openings on the three-story building. Inspectors saw at least two workers on the second floor and one worker on the third floor exposed to the potential fall hazards.

The company, which said it had 66 workers, was also cited for failing to train at least three employees on how to prevent fall hazards, failing to document weekly safety inspections and weekly safety meetings, and failing to ensure crew leaders and supervisors held valid first-aid certificates.

The Ballard site citations resulted in a total of $108,360 in fines.

Employers have 15 business days from the time they receive a citation to appeal. Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping injured workers and families of those who have died on the job.

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Independent Medical Exam

Observer is Allowed at IMEs

The Department of Labor and Industries (DLI) recently issued a Statement of Policy advising that an observer is allowed at IMEs. Any injured worker is allowed to bring a friend of family member to an independent medical examination (IME), except in the case of a mental health examination.

IME Firms Were Limiting Observers

We have seen several IME firms include notice of “new rules” that “observers are not allowed due to COVID-19” in their pre-exam paperwork mailed to injured workers. In response to complaints about this practice, primarily from attorneys representing injured workers, DLI has now taken action by issuing the Statement of Policy confirming that an observer is allowed at IMEs. It is unknown how many workers have had exams without observers present in the last few months before this statement was issued.

Statement of Policy – the Full Text

Pursuant to WAC 296-23-362, workers have the right to bring a friend or family member to Independent Medical Exams (IMEs), except for mental health examinations, to serve in the role of observer providing comfort and reassurance. IME firms are expected to support any worker requests for an observer during a non-mental health IME. They must also refrain from any reference, in written or spoken communication with workers, to limitations on observers during IMEs. This worker right remains in effect, and it is up to the IME firm to ensure the ability to comply with the COVID-19 safety requirements for six feet of social distancing.

Firms should obtain information in advance of the IME on whether the worker plans to bring an observer and take steps to ensure the appropriate exam room size. In the event that the firm is unable to accommodate the worker’s IME with an observer, the IME will need to be rescheduled.

What This Means for Workers

The news is simple and straightforward: an observer is allowed at IMEs to support the worker. The implementation of this policy may be more complicated.

Many of the IME firm’s exam rooms are very small. It may be difficult for them to accommodate observers and follow social distancing rules. Some IME firms may try to pivot and, instead of allowing observers, insist on video exams (this is already happening with mental health evaluations). 

We recommend the following tips:

  • all workers have an observer with them during any non-mental health IME
  • make sure social distancing rules are followed
  • do not agree to video exams under nearly any circumstances
  • file a complaint if the doctor or IME firm is not following the policy
  • promptly contact a workers’ compensation attorney with any concerns about your claim or your IME
How Can an Observer Help?

An observer cannot be a legal representative or their staff nor a doctor or their staff. The primary purpose of an observer is to provide comfort and reassurance to the worker. However, an observer can corroborate the workers’ version of events that occurred during the examination process if there is later any discrepancy arising from the physician’s written report.

We suggest that an observer:

  • listen and observe the examination without distractions
  • refrain from asking questions of the physician
  • refrain from providing answers to physician questions of the worker
  • take notes with pen and paper (use of recording devices, including phones, are not usually allowed)
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Coronavirus

Gig Drivers Get Hazard and Sick Pay

Gig drivers are essential workers, bringing us the food and goods we’ve needed for the last six months and providing rideshare services during the pandemic. Gig drivers in Seattle recently won first-in-the-nation hazard pay and sick leave ordinances. 

The Fair Work Center announced the victory for Seattle gig delivery workers. The full announcement notice, excerpted below, can be read here.

Hazard Pay

Food delivery gig drivers are entitled to $2.50 in hazard pay for each restaurant or grocery delivery made inside the Seattle city limits. Hazard pay must be listed separately on the driver’s pay report, and paid out on top of what they would otherwise be paid. The hazard pay requirement took effect on Friday July 26th at 8:30pm, and continues for as long as the city’s official coronavirus state of emergency is in effect.

The City of Seattle (City) intends to make it clear that gig workers working for food delivery network companies have a right to receive premium pay for work performed during the COVID-19 emergency.

– Council Bill 119799

Read the full text of the Premium Pay for Gig Workers Ordinance for all of the details.

Paid Sick Days

Gig delivery drivers and Uber/Lyft drivers now have the right to take paid sick days. Drivers start off with a certain number of paid sick days based on how much they’ve worked back to October of 2019, and they will continue to accrue paid sick days going forward at a rate of 1 day for every 30 days you work. When a driver takes a paid sick day, they’ll get paid based on their average daily compensation, including tips. No doctor’s note or other documentation is required to take a sick day during the coronavirus pandemic.

The sick days law took effect on Monday, July 13th, 2020. They will continue while the state of emergency remains in place.

The definitions of “employee” and “employer” in local, state and federal law are broad, but food delivery network companies and transportation network companies rely on business models that treat gig workers as “independent contractors,” thereby creating barriers for gig workers to access paid sick and paid safe time and other employee protections.

– Council Bill 119793 

Read the full text of the Paid Sick and Safe Time for Gig Workers Ordinance for all of the details.

Who is Covered

The ordinance extends labor protections to gig drivers who typically don’t qualify for traditional benefits because they are currently classified as independent contractors.

The hazard pay ordinance applies to covered grocery and food delivery platforms operating in Seattle, including Instacart, Shipt, TaskRabbit, and Amazon Fresh. Covered restaurant delivery platforms include DoorDash, Uber Eats, Postmates, Caviar, and GrubHub. Sick pay applies to both grocery/food delivery drivers and rideshare drivers, such as Uber and Lyft.

Hazard pay and sick pay are temporary benefits that will continue as long as Seattle remains under a coronavirus state of emergency.

More Information

The City of Seattle Office of Labor Standards page on COVID-19 Gig Worker Protections has detailed information on both the Paid Sick and Safe Time for Gig Workers Ordinance and the Gig Worker Premium Pay Ordinance.

Help Fair Work Center Enforce the Laws

Like all Seattle labor standards, these laws apply to work done within Seattle city limits. Help Fair Work Center enforce the law — use their hazard pay tracker to let them know what you’re seeing, app by app and job by job.

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WA Health Benefit Exchange

Deadline Extension for 2020 Health Coverage Ends September 30

As a result of the Coronavirus (COVID-19) pandemic, the Washington Health Benefit Exchange (the Exchange) provided a deadline extension to individuals who had lost their health coverage. This extension ends on September 30, 2020.

Replacing Lost Insurance Coverage

Individuals who have lost health insurance coverage after March 1, 2020 during the public health emergency will have until September 30, 2020 to sign up for coverage through Washington Healthplanfinder. Find more information, here.

Many Washingtonians lost their health coverage due to the pandemic. The typical 60-day sign up window for individuals losing coverage was extended earlier this year as part of the Exchange’s ongoing COVID-19 response efforts. They were given more time to enroll for insurance on the Exchange, until September 30, 2020.

Loss of coverage includes loss of minimum essential coverage (including employer-sponsored health coverage or COBRA) and loss of coverage from short-term limited duration plans or health sharing ministries.

Customers who sign up by September 15 can get coverage starting October 1. After September 15, coverage starts November 1.

Applications After September 30

Even after the deadline extension ends September 30, individuals losing employer coverage, or other minimum essential coverage, can still get covered. Individuals have up to 60 days before or after their coverage end date to report that change and sign up through the Exchange.

Standard qualifying events that allow individuals to sign up outside the annual open-enrollment period include:

  • Loss of coverage (including employer coverage, COBRA, or other types of minimum essential coverage)
  • A change in income that makes someone newly eligible for the federal subsidies (including people currently receiving coverage off-Exchange)
  • Marriage, birth of a child, or move within the state

Reminder: Enrollment is offered year-round to individuals and families through Washington Apple Health (Medicaid).

About Washington Healthplanfinder

Washington Healthplanfinder is an online marketplace for individuals and families in Washington to compare and enroll in health insurance coverage and gain access to tax credits, reduced cost sharing and public programs such as Medicaid. The next standard open enrollment period begins on Nov. 1, 2020.

Tips for Using the Washington Healthplanfinder

Note: Workers’ compensation benefits are NOT taxable income, and should NOT be included in the household income figure when applying for health benefits through the Exchange. This distinction is very important for all injured workers needing health insurance for themselves and their families.

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permanent injury

Kids’ Chance of Washington is Fundraising

This year, Kids’ Chance of Washington is fundraising without their annual gala event. Instead, they are holding a fundraising campaign and virtual run/walk to raise scholarship funds for children of workers fatally and/or seriously injured at work.

The deadline to become an event sponsor is September 15th. Fundraising is ongoing, but this year’s virtual run/walk campaign will continue through October.

The Scholarship Program

Kids’ Chance of Washington is registered in Washington as a 501(c)(3) charitable organization to provide needs-based scholarships to the children and spouses affected by these serious work-related injuries or conditions. To qualify, the worker must be totally permanently disabled under the criteria of the Washington Department of Labor and Industries, or deceased.

Scholarships are funded through donations from business and labor organizations throughout the state, as well as individuals, employers, attorneys, and other groups affiliated with the workers’ compensation system in Washington.

Since 2001, Kids’ Chance of Washington has awarded over $450,000 in scholarship and school-related money, giving assistance to over 50 recipients. Kids’ Chance can provide financial assistance for apprenticeship programs, vocational-technical schools and undergraduate college education.

Scholarships are also available for kids participating in the Running Start program. Running Start is a program that allows 11th and 12th grade students to take college courses at Washington’s 34 community and technical colleges. Students receive both high school and college credit for these classes, which accelerates their progress through the education system. Some students graduate high school and college the same summer, having earned a two-year degree simultaneously.

Running Start students and their families do not pay tuition. They are, however, responsible for mandatory fees, books and transportation. A Kids’ Chance scholarship could assist with these expenses.

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Worker Safety

Toolbox Talks App – Free Safety Tool

The no-cost Toolbox Talks application works on phones and tablets to document training in real time in the field. Available in English and Spanish, the app was designed for the construction industry, yet many topics can be utilized by other businesses.

There are over 100 Toolbox Talks included with the app covering a variety of topics. It is simple to find safety talks for both construction and marine industries. Review a topic, then document your safety briefing with a signature capture form that generates a PDF of the meeting details that you can email or save to your device.

The free app includes:

  • What to do and learn.
  • Inspection tips.
  • Questions for discussion.
  • Presenter tips.
  • The ability to obtain participant signatures.
  • The ability to add photos of worksites or equipment related to training.
Featured Toolbox Talks:

Read more and ownload the Toolbox App for iOS and Android mobile devices here.

Safety & Health Investment Projects

This app was developed by the Construction Center of Excellence and funded by a Safety & Health Investment Projects (SHIP) grant. SHIP grants have resulted in a wide variety of projects and topics, including:

Applications for SHIP grants are currently being accepted until September 8, 2020. To apply for a SHIP grant for your project, or to see the list of approved grant products, read more here.

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Worker Benefits

Postal Delays Impact Our Clients

Postal delays impact our clients in many ways. I work for Causey Wright in the accounting department. I have noticed how the recent U.S. Post Office delays have affected our clients. Where it normally takes a day or two for clients to get their checks through the mail, it’s now taking several days, in some cases up to two weeks. 

It would be easier, for us and our clients, if all of our clients had direct deposit set up. It would be more efficient if all of the insurance companies that manage workers’ compensation cases could deliver payments to us via electronic deposit. But, for various reasons, they do not. 

As a result, we receive most payments from the Department of Labor and Industries electronically, but many payments from insurance companies and self-insured employers are paid by paper check.

Of interest, most self-insured employers will provide direct deposit to their claimants, but refuse to provide payment electronically to a law firm if the worker has representation. Punishment, perhaps? 

Most, but not all, of our clients take advantage of our ability to transfer funds to them electronically. Many still prefer to receive a paper check. We have to respect our clients wishes, understand their different situations and work with them to best serve their needs.

Impact of Postal Delays

I don’t think people understand how serious this is, especially for our clients who are either elderly or have serious health conditions. The recent postal delays affect their source of income, their livelihood, and their ability to pay their bills. The post office delays are affecting their standard of living. 

These people have worked hard and should be treated with respect for their hard work. Having to recover after an injury is hard enough without postal delays causing more problems. This situation saddens me, especially when this is happening to these populations of people. 

My own mother, who is 75 years old, loves to send cards to her family. She likes to send us notes and thank you cards. Now that joy is causing her stress because of the postal delays. I just think that the elderly deserve all our respect and this is causing so much stress on their lives. They deserve to receive their mail on time and to send mail to their family and pay their bills through the mail without being totally stressed about it.

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Coronavirus

Choose the Right Face Mask

New DLI web tool helps you choose the right face mask or covering.

Most Workers Must Wear a Mask

Most workers in Washington have to wear a mask or face covering at work under 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.

Choose the Right Face Mask

Choosing the correct mask for COVID-19 prevention at work just got easier and quicker if you use Washington State’s Department of Labor and Industries’ (DLI’s) new  web-based e-tool  from your mobile device or computer.

Although not intended for hospitals, clinics or other treatment facilities, the e-tool is designed to help most businesses make informed choices based on the level of risk and whether users are working alone, indoors, outdoors, or in a vehicle.

The e-tool also includes links to other helpful information including videos on how to correctly put on and remove masks, answers to common questions about masks and DLI’s “Which Mask for Which Task?” booklet.

We hope you’ll enjoy the convenience this eTool offers and share it with others in your safety network.

Where to find more info

Please visit L&I’s Coronavirus safety and health overview page for prevention materials and links to policies, requirements, and helpful resources about COVID-19 safety for healthcare professionals, agricultural workers, airline employees, construction crews, childcare workers, grocery workers, dental workers and many other occupations.

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Licensed Contractors

Reciprocity Agreement for WA and OR Electricians

Reciprocity agreement created for Oregon and Washington general electricians will provide more flexibility and access across state lines.

The Washington State Department of Labor and Industries (DLI) issued notice of a reciprocity agreement reached between Washington and Oregon allowing qualified electricians to obtain cross-state licensing. Read the full release, here.

News of Reciprocity Agreement

The Oregon Building Codes Division and the Washington State Department of Labor & Industries (DLI) have signed a reciprocal agreement allowing general, journey-level electricians who have obtained a license in one state to apply for a license in the other state without having to take an examination for the reciprocal license under certain conditions.

With this agreement, qualified applicants would fill out a form, provide documentation of required qualifications, and pay a fee in order to be eligible to work in the neighboring state.

The agreement went into effect Aug. 17, and continues until the states terminate it.

Details of the Agreement

Here are some of the specifics:

Oregon reciprocal licenses are generally available to those who obtained Washington (01) general journey level electrician certificates after completing an 8,000-hour apprenticeship and making a passing score on their Washington exams. Anyone having a Washington master (01) general journey level electrician certificate is also eligible. Oregon has amended their rules to allow passing exam scores from other states when stipulated in a reciprocal agreement, which this agreement stipulates. Get more information about reciprocity and apply.

Those who need licensing verification from the state of Washington need to include the verification document with a Request for a Letter of Good Standing (F500-128-000) and fee of $26.40. Mail everything to the address shown in the top left corner of the letter of good standing form.

Washington reciprocal certificates are generally available to those electricians who obtained their Oregon general journeyman electrician (J) licenses after completing an 8,000-hour apprenticeship and passing their Oregon exams. Anyone having an Oregon General Supervising Electrician (S) license obtained by Oregon examination is also eligible. To apply, submit an Application for a Reciprocal 01 General Journey Level Electrician Certificate (F500-148-000).

No other reciprocal agreements exist covering any other electrical specialties. See L&I’s website for more information about reciprocity.

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Published by Causey Wright