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Ex. AGY-ST-LABOR-WORKPLACE-050 Order Primary source read

Emergency rule WAC 296-800-14035, 2019 novel coronavirus prohibited business activities and compliance with conditions for operations, CR-103E Rule-making Order AO20-10 (adopted May 26, 2020; effective immediately upon filing)

CR-103E: WAC 296-800-14035 (original emergency adoption)

Department of Labor and Industries (Joel Sacks, Director) · Washington; Department of Labor and Industries, Division of Occupational Safety and Health (State-plan OSHA agency, statewide) (Sector regulator)

The COVID Project

The record

Jurisdiction
Washington; Department of Labor and Industries, Division of Occupational Safety and Health (State-plan OSHA agency, statewide) · Washington
Level
Sector regulator
Authority
RCW 49.17.010,.040,.050,.060; RCW 34.05.350
Issued
2020-05-26 May 26, 2020
Effective
2020-05-26 (immediately upon filing; 120-day emergency rule) (read as 2020-05-26)
End
Readopted without gap July 2, 2020 (Ex. 051), Nov. 16, 2020 (Ex. 052), Dec. 16, 2020 (Ex. WA-099), Jan. 12, 2021 (Ex. 053), May 14 and May 24, 2021 (Ex. WA-067), July 6, 2021 (Ex. 054), Aug. 23, 2021 (Ex. 055), Sept. 20, 2021 (Ex. 056) and thereafter until the proclamations ended Oct. 31, 2022 (read as 2020-07-02)
In force
May 26, 2020 to July 2, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureCapacity limitGathering capFace-covering requirementWorkplace rules
Addressees
  • every employer in Washington subject to WISHA
Functions reached
  • EMP (every business condition of every Safe Start / Healthy Washington / Washington Ready proclamation converted into an enforceable workplace standard)
  • SF
  • DR
  • FC
  • PE
  • PF
  • JS
  • OF
  • WF
  • HR
Collection
State labor and workplace-safety agencies AGY-ST-LABOR-WORKPLACE

Operative words

Purpose:... Where a business activity is prohibited by an emergency proclamation an employer may not allow employees to perform work [under RCW 43.06.220]. Employers must comply with all conditions for operation required by emergency proclamation, including Safe Start [phased reopening requirements].... [The rule makes clear that] proclamations are also health and safety requirements under chapter 49.17 RCW and that employers can be subject to a [citation for violating them]. Statutory authority for adoption: RCW 49.17.010, RCW 49.17.040, RCW 49.17.050, and RCW 49.17.060.

Enforcement

L&I DOSH citations and civil penalties under RCW 49.17.180 for violation of a proclamation's business prohibitions or conditions

Notes

The mechanism by which Washington's Governor-ordered closures, capacity limits, masking and distancing conditions were enforced against employers in every industry from May 26, 2020 through the end of the period. Rule text is Ex. 078.