Another proposal to govern employer PPE requirements during a public health emergency will be heard this week.
SB 5254, sponsored by Sen. Jesse Salomon (D–Shoreline), amends the state Industrial Safety and Health Act (WISHA) to set personal protective equipment
(PPE) requirements for employers during a state or federally declared public health emergency. During emergencies, Employers that require employees or contractors to wear PPE (like masks, goggles, gloves, etc.) while on the job must provide the PPE
at no cost to the employee. Employers that do not require PPE must accommodate an employee’s or contractor’s voluntary use of PPE if it does not introduce a hazard into the work environment or a facial covering does not interfere with
the employer’s security requirements.
The bill also precludes employers from seeking a variance from the requirement to provide or allow PPE during public health emergencies. The bill is obviously written with the COVID-19 pandemic in mind. However, it would apply to all current and future
public health emergencies so long as the employer sits in a jurisdiction under an emergency declaration.
Use of PPE has become part of daily life during the pandemic and providing or allowing PPE, such as masks, is now standard practice for many employers during the current emergency. Nevertheless, the bill does not account for the event of a PPE shortage,
as there was early in the COVID-19 outbreak. For example, it would likely put an employer out of compliance if the employer were under a mask mandate and continued operations despite being unable to supply employees with masks (regardless of good
faith efforts to procure them) and requiring employees to provide their own.
The need to identify accommodations for employers during PPE shortages may come up for discussion if the bill goes forward. AWC will continue working to ensure that any public health safety requirements for employers are fair and workable for cities,
as well as effective for keeping employees safe.
Dates to remember
SB 5254 is scheduled for public hearing in the Senate Labor, Commerce, & Tribal Affairs Committee on Monday, January 25 at 9:30 am.