This summer is shaping out to be another scorcher and Washington State employers should know about the Department of Labor & Industries (“LNI”) new emergency requirements for heat and smoke protections for outdoor employees effective June 15 through September 29.
Washington’s emergency requirements are meant to help employees avoid heat exhaustion and heat stroke. Covered employees include any worker who must work outside for more than 15 minutes in any 60-minute period, regardless of industry.
The emergency rules for workplace temperatures update WAC 296-62-095 – 09560 and employers are responsible for monitoring work site temperatures throughout the day. When temperatures reach 89 employers must ensure these protocols are in place for workers regardless of their clothing type:
Provide enough “suitably cool” water, recommended at 50-60 degrees, for each employee to drink at least a quart an hour;
Provide sufficient shade (or temperature controlled environments like air-conditioned trailer or misting station) that is large enough for, and close enough, to workers;
Encourage and allow workers to take paid preventative cool-down breaks as needed, including standard rest breaks and meal periods (which do not need to be paid unless required under the state wage law); and
Require a 10-minute, paid cool-down break every two hours.
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