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Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-056 Order Primary source read

Emergency rule WSR 20-11-024, new WAC 246-358-002 (COVID-19 requirements for licensed temporary worker housing)

Emergency Rules, Department of Health, Chapter 246-358 WAC, Temporary Worker Housing (WSR 20-11-024)

Washington State Department of Health · Washington State Department of Health (State agency), jointly with the Department of Labor and Industries (Sector regulator)

The COVID Project

The record

Jurisdiction
Washington State Department of Health (State agency), jointly with the Department of Labor and Industries · Washington
Level
Sector regulator
Authority
RCW 70.114A.065 (temporary worker housing rules) (recited); RCW 43.70.335 (recited); RCW 34.05.350 (emergency rules) (recited); Proclamation 20-25 (Ex. WA-016) (recited)
Issued
2020-05-13 May 13, 2020
Effective
2020-05-18
End
120 days (RCW 34.05.350(2)), about Sept. 15, 2020; readopted Sept. 10, 2020 (Ex. 058) (read as 2020-09-15)
In force
May 18, 2020 to Sept. 15, 2020
Quarters
2020 Q22020 Q3
Limitation types
Capacity limitFace-covering requirementWorkplace rulesQuarantine and isolation
Addressees
  • operators of licensed temporary worker housing (agricultural employers and housing operators)
  • employers housing H-2A and domestic seasonal farmworkers
Functions reached
  • LB labor housing (occupancy reduced: top bunks barred, distancing in all facilities, isolation space)
  • FP farm production (housing capacity governs the harvest workforce)
  • WF workforce (cohorts of fifteen for housing, work and transport)
  • TR transportation (cohort rule)
  • OP management plan within ten days
Collection
State agriculture, parks and wildlife agencies AGY-ST-AGRICULTURE-PARKS-WILDLIFE

Operative words

The emergency rule requires operators: (1) Educate occupants in a language or languages understood by the occupants on COVID-19; (2) provide occupants cloth face coverings; (3) ensure physical distancing of occupants when at housing sites, which includes all cooking, eating, bathing, washing, recreational, and sleeping facilities; (4) ensure frequent cleaning and disinfecting of surfaces; (5) identify and isolate occupants with suspect and confirmed positive cases; and (6) submit to DOH a revised temporary worker housing management plan that demonstrates how the operator will comply with the emergency rule requirements.... A group shelter is where a cohort of up to fifteen occupants stay together and separated from others for housing, work, and transportation.... The physical distancing requirements of the emergency rule otherwise prohibit the use of the top bunk of bunk beds.

Enforcement

RCW 70.114A (licence conditions; DOH enforcement against licensed operators); RCW 43.06.220(5) as to Proclamation 20-25

Notes

Washington's tree-fruit, berry and hop industries house tens of thousands of seasonal workers in licensed TWH; the rule cut lawful occupancy and fixed work cohorts for the 2020 season.

Retrieval note

The WA State file (WA-109 notes) records these rules as 'not separately retrieved'; they are now Exs. 056-065. Proclamation 20-57 (May 28, 2020; Ex. WA-033) separately made agricultural-worker protections mandatory.