A bill that creates a number of new labor standards and protections for frontline workers during health emergencies was signed into law last month.

On May 11, Governor Inslee signed the Health Emergency Standards Act (HELSA). You may have followed the development of this bill in AWC’s Legislative Bulletin over the course of the legislative session. The article describing the final bill is here. HELSA was effective upon the Governor’s signature and accomplishes the following:

• Creates a rebuttable presumption of occupational disease for frontline workers during a public health emergency for the purposes of worker’s compensation. Employers may rebut the presumption with a preponderance of evidence standard.
• Allows costs of workers’ comp payments under the presumption to not affect an employer’s experience rating. Self-insured employers can also deduct the cost of such payments from their reported claim costs when calculating their assessments to L&I.
• Requires large employers (51+ employees) to report infections to L&I if ten or more employees test positive for a disease that is subject of the public health emergency. Such reports can be used by L&I to identify potential clusters of infection or investigate WISHA violations.
• Requires employers to provide written notice of potential exposure to employees (and their union) and subcontractors who may have been exposed to an infection.
• Prohibits workplace discrimination against high-risk employees seeking accommodations or using leave options during health emergencies.

The bill provides an extensive list of “frontline” workers, including many that are common at cities, such as first responders and law enforcement, maintenance and janitorial staff, transit workers, and corrections employees, among others.

Since HELSA’s enactment, the Department of Labor & Industries has announced it will be drafting guidance for implementation of the new labor standards. The agency has already posted some FAQs to help the public better understand the new law. AWC will continue to follow the guidance as it is released and keep cities updated on important developments. If you have questions for L&I about the implementation of the new law, you can email L&I staff for more information at EyeOnSafety@lni.wa.gov.