Updated COVID-19 requirements for employers as Washington state reopens

Businesses in Washington state are able to open at full capacity and have fewer requirements to follow to protect employees from COVID-19.

Both OSHA and L&I continue to recognize COVID-19 as a workplace hazard for unvaccinated individuals. Employers have an obligation to provide a safe and healthy workplace and assess the level of hazard to determine if additional steps should be taken to protect workers who are not fully vaccinated. Updated rules and guidance detail the changes employers need to know.

Employers must:

Ensure unvaccinated employees wear a mask while working indoors.

Verify vaccination status before lifting employee mask requirements, and be able to show the process used for verification.

Keep employees with possible or confirmed cases of COVID-19 from working around others.

Provide handwashing facilities and supplies.

Train employees to recognize and respond to workplace hazards, including COVID-19.

Assess recognized hazards, including COVID-19, as part of the ongoing requirement to provide a safe and healthful workplace and, where appropriate, take additional steps to protect unvaccinated employees.

Notify employees in writing within one business day if someone they had close contact with tests positive for COVID-19 (without disclosing the person’s identity).

Report COVID-19 outbreaks of 10 or more employees at workplaces or worksites with more than 50 employees to L&I within 24 hours.

Masks and face coverings

Employers must provide cloth face coverings or a more protective mask to employees, free of charge, when use of a mask is required.

Employers may still require or encourage mask use, regardless of employee vaccination status.

Employees have the right to wear a mask or other protective equipment, regardless of their vaccination status, as long as it doesn’t create safety issues.

Industries where masks are still required for all workers

Health care (long-term care, doctor’s offices, hospitals)

Public transportation (aircraft, trains, buses, road vehicles)

K-12 schools, childcare facilities and day camps in locations where children are or are expected to be present

Correctional facilities

Homeless shelters

Verifying worker vaccination status

Employers must be able to show the process used to verify employee vaccination status. They do not need to keep an actual copy of the employee’s vaccination records.

Acceptable types of verification include:

Vaccine card or photo of vaccine card.

Documentation from a health care provider.

State immunization information system record.

A hard copy or electronically signed self-attestation from the employee.

Resources

L&I’s COVID-19 guidance includes resources from the Centers for Disease Control (CDC), Department of Health (DOH) and U.S. Occupational Safety and Health Administration: www.Lni.wa.gov/CovidSafety.

Our state’s Department of Labor & Industries (L&I) has produced a document with their recommendations for grocery stores to ensure that stores comply with the state’s social distancing requirements. Find a printable PDF of this document on the L&I website here.

If you think your store is not following social distancing protocols, there are lots of ways to report that, including via safety and health complaints or through the state’s COVID-19 social distancing report form, or by emailing UFCW 21 at safetyreport@ufcw21.org.

Coronavirus (COVID-19): Protecting Grocery Store Workers

The Department of Labor & Industries (L&I) requires employers to implement the Governor’s proclamation. Employers must ensure social distancing for employees and customers; frequent and adequate handwashing; and that sick employees stay home. Employers must also provide basic workplace hazard education about coronavirus and how to prevent transmission in languages best understood by employees.

Workplace Discrimination

It is against the law for any employer to take any adverse action such as firing or threats against a worker for exercising safety and health rights such as raising safety and health concerns to their employer, participating in union activities concerning safety and health, filing a safety and health complaint or participating in a Division of Occupational Safety and Health (DOSH) investigation. Workers have 30 days to file their complaint with L&I DOSH and/or with Federal OSHA.

Ideas for an Effective Social Distancing Plan:

Limit the number of customers entering the store to facilitate social distancing at store entrances, throughout store and at check-out lines.
Require all workers to stay at least six feet away from customers and coworkers.
Temporarily mark six-foot increments (using adhesive colored tape, chalk, etc.) on the ground or floor to ensure social distancing.
Post large print attention-grabbing signs readable from a far distance (or use portable, electronic reader boards) that inform customers of social distancing practices.
Designate workers to monitor and facilitate distancing at check-out lines.

Discontinue self-serve foods, free sample stands and product demonstrations.

Ideas for an Effective Handwashing Plan:

Install hand-sanitizing dispensers at store entrances and at key locations inside for customers.
Ensure all workers know why and how to effectively wash hands for at least twenty seconds.
Require workers to wash hands frequently with soap and water for at least twenty seconds, such as when they arrive at work, leave their workstations for breaks, eat, use tobacco, and after handling money.

Ensure gloves are used for cart retrievers, handling money, common use of the same cash register or keypad by different cashiers, food safety and cleaning.
Set up a schedule to keep these supplies well stocked and trash emptied.

Ensure Sick Workers Are Not at Work:

Monitor employees for signs of illness and require sick workers to stay home.
Ensure employees know the signs and symptoms of COVID-19 caused by coronavirus exposure.

Ideas for Providing Basic Workplace Hazard Education About Preventing Coronavirus Transmission:

Instruct all workers on social distancing, handwashing, and other store-wide safety procedures related to coronavirus.
Teach workers the importance of hand washing before eating, drinking, or using tobacco.
Advise on respiratory etiquette, including covering coughs and sneezes and not touching eyes, noses, and mouths with unwashed hands or gloves.
Prohibit sharing utensils, phones, work tools, and other workplace items that are not sanitized.

Communicate important safety messages/ updates daily with methods such as posters, reader boards, etc.

Checkout Stands and Counters Considerations

Consider closing self-check stands if not all surfaces can be sanitized between customers and if it is not possible to ensure at least six feet between users.
Consider installing “sneeze shields” at check stands, and ask customers to stand behind them, or relocate pay station key pads further away from worker.
When supplies are available, provide disposable wipes/hand sanitizer at check-out stands for employees and customers (e.g. at key pads, registers, bagging area).

Prohibit reusable shopping bags and provide single use bags for groceries.

Stocking and Surface Cleaning

Schedule as much stocking and deep cleaning as possible during closing hours. If a 24-hour store, stock during the slowest period of the night.
Appoint a designated sanitation worker(s) at all times to continuously clean and disinfect high-touch surfaces on a significantly increased schedule. Use the environmental cleaning guidelines set by the CDC.
When disinfecting for coronavirus, the EPA recommends using the longest recommended contact time and/or most concentrated solution per the label.

Be sure to follow the label directions for FOOD CONTACT SURFACES when using the chemical near or on utensils and food contact surfaces.
Use protective gloves and eye/face protection (e.g. face shields and/or goggles) when mixing, spraying, and wiping with liquid cleaning products, like diluted bleach.

Other Protective Measures

Provide ways for workers to express any concerns and ideas to improve safety.
Alert store managers or shift supervisors of strategies on handling customers or workers who are not following social distancing practices or demonstrate signs of illness during the visit. For example, it might be helpful to move a coughing customer out of line to a separate checkout station distant from others.

Update store Accident Prevention Program (APP) to include awareness and prevention measures for diseases and viruses.

Resources

L&I’s COVID-19 webpage

County Public Health Grocery store guidance with downloadable posters here

WA Food Industry Association: www.wa-food-ind.org/Covid-19

Get help

For a free safety and health consultation go to http://www.Lni.wa.gov/SafetyConsultants or call 1-800-423-7233 or visit a local L&I office.

News & Updates

L&I's Updated COVID-19 Safety Requirements for Employers as Washington Reopens

Updated COVID-19 requirements for employers as Washington state reopens

Washington State’s Department of Labor and Industries on Protecting Grocery Store Workers

UFCW 3000

Upcoming events