When an employee suffers serious personal injuries in the workplace in Washington State it is usually taken very seriously and prompts an investigation by Labor and Industries (L&I). L&I is a state run insurance agency that protects workers and assures that they make a reasonable living wage during their recovery after being hurt in the workplace. They send out a representative and look very closely at the policies and procedures the employer has in place to protect the employee.
This investigation may also prompt an investigation by the Occupational Safety & Health Administration (OSHA) who sets the federal standards for safety in the workplace. Their standards get as specific as to how to handle each tool for dozens of industries around the country.
But, there are general standards in Washington that stretch across every industry from fairly safe office environments to hazardous industrial sites. What we are examining is the general standards that an employer must meet to protect the safety of their employees on a day to day basis.
Creating a Safe Workplace in Washington State
- Provide a workplace free from recognized hazards. (WAC 296-800-11005) – The employer must provide employees with a workplace free from recognized hazards that are causing, or are likely to cause, serious injury or death.
- Provide and use means to make your workplace safe. (WAC 296-800-11010) – The employer is expected to provide and use safety devices, safeguards, and use work practices, methods, processes, and means that are reasonably adequate to make the workplace safe. They are also expected not to remove, displace, damage, destroy or carry off any safety device, safeguard, notice or warning, furnished for use in any place of employment.
- Prohibit employees from entering, or being in, any workplace that is not safe. (WAC 296-800-11015) – Though fairly self explanatory, this extends to employees that are not trained or authorized to be in an area from entering that area, thus putting themselves and others at risk.
- Construct your workplace so it is safe. (WAC 296-800-11020) – This rule applies to employers, owners, and renters of property used as a place of employment. This is in regards to construction of a new workplace or build-outs and modifications to current facilities.
- Prohibit alcohol and narcotics from your workplace. (WAC 296-800-11025) – Both L&I and OHSA recommend that all employers prohibit alcohol and narcotics from your workplace, with the exception of industries and businesses that produce, distribute, or sell alcohol and narcotic drugs. And of course they recommend that employers Prohibit employees under the influence of alcohol or narcotics from the worksite in any setting with the exception of employees who are taking prescription drugs if the employees are not a danger to themselves or other employees.
- Prohibit employees from using tools and equipment that are not safe. (WAC 296-800-11030) – This applies to all equipment, materials, tools, and machinery whether owned by the employer or another firm or individual. Employers are advised to take responsibility for the safe condition of tools and equipment used by employees.
- Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice. (WAC 296-800-11035) – OSHA has a workplace safety poster that employers are told to place in plain sight of employees such as in common areas, lunch room, etc.
- Control chemical agents. (WAC 296-800-11040) – Employers are expected to protect workers from the hazard of contact with, or exposure to, chemical agents. Pesticides are considered to be chemical agents and are widely used in industries even outside of agriculture. Pesticide manufacturers always supply precautionary statements in the information delivered with the pesticide. Employers are urged to follow those instructions that tell how to protect workers from the hazards of pesticides.
- Protect employees from biological agents. (WAC 296-800-11045) – Exposure to hazardous concentrations of biological agents resulting from processing, handling or using materials or waste can be extremely harmful to an employee. Employers are advised to refer to the standards set by the Center for Disease Control (CDC) when employees are exposed to biological agents that occur during cleanup, or other tasks, where employees handle:
- Animals or animal waste
- Body fluids
- Biological agents in a medical research lab
- Mold or mildew
Workers Compensation Lawyers
Throughout United States history workers have put their livelihood and personal safety on the line to force employers and the government to recognize safety standards in the workplace. This is still an uphill struggle. There seems to be cases on a weekly basis where employers have decided to forego employee safety in order to increase their profits. This behavior is unethical and illegal.
Sometimes violations and unsafe workplaces can be reported, but little to no action is taken due to lack of government funding for inspectors or other factors. Other times the employee is unaware that they are working on a daily basis in an unsafe workplace and only realize it after they suffer a serious personal injury. In these cases the employee’s only recourse is through legal means to prompt change so that others will not be subject to undue harm.
That is why the injured worker needs an experienced representative to assure that their interests are secured and that they get the compensation they deserve. If you have been hurt while on the job, call the workers compensation lawyers at Phillips Webster for a free consultation.
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