L&I Updates Rules – COVID-19 Prohibited Business Activities and Conditions for Operations

WA Department of Labor & Industries (L&I) – Rule filed January 12, 2021 – Division: Division of Occupational Safety and Health (DOSH) – Topic: Emergency (CR-103E) – COVID-19 Prohibited Business Activities and Conditions for Operations

Brief Description: This emergency rulemaking supersedes the emergency rule adopted on December 31, 2020, filed as WSR 21-02-047, as conditions have changed due to a new Governor’s Proclamation being in effect (Proclamation 20-25.12).

The purpose of this emergency rulemaking is to amend WAC 296-800-14035 in chapter 296-800 WAC, Safety and health core rules. L&I is responding to the COVID-19 pandemic by amending the emergency rule related to prohibited business activities and compliance with conditions under the Governor’s Proclamations and amendments issued under RCW 43.06.220:

  • Employers must not allow employees to perform work where a business activity is prohibited by an emergency proclamation.
  • Employers must comply with all conditions for operation required by emergency proclamation, including “Healthy Washington – Roadmap to Recovery” reopening requirements for all business and any industry specific requirements.

This emergency rule addresses circumstances where businesses are prohibited from operating or where there are restrictions operating or conducting business activities. This emergency rule ensures clarity that restrictions and conditions on business activities under the “Healthy Washington – Roadmap to Recovery” order are also health and safety requirements and that employers can be subject to a citation and monetary penalties for violations.

Effective date: January 12, 2021
Expiration date: May 12, 2021

CR-103E Emergency Adoption