By Aaron R. Gelb & Beeta B. Lashkari
Last Spring, Washington governor Jay Inslee signed into law Substitute House Bill (SHB) 1206, creating new duties for staffing agencies and worksite employers to protect the safety of temporary workers. The law, codified at Revised Code of Washington (“RCW”) 49.17.490, went into effect on July 25, 2021, but received scant attention from the media or safety professionals—no doubt, in large part, due to an ongoing focus on the COVID-19 pandemic. Nonetheless, given the extent to which many employers rely on temporary workers to staff their operations, this new law is one that covered employers should pay attention to and develop a plan to help ensure compliance. Below is a summary of the scope and requirements of the new standard, as well best practice tips for covered employers.
Who Is Covered by the New Standard?
The new standard generally applies to staffing agencies and worksite employers, as defined by the standard:
- A “staffing agency” is an employer as defined in Chapter 49.17 of the RCW and North American industry classification system (NAICS) 561320 and means an organization that recruits and hires its own employees and temporarily assigns those employees to perform work or services for another organization, under such other organization’s supervision, to:
- (i) [s]upport or supplement the other organization’s workforce;
- (ii) provide assistance in special work situations including, but not limited to, employee absences, skill shortages, or seasonal workloads; or
- (iii) perform special assignments or projects.
- “Worksite employer” is an employer as defined in Chapter 49.17 of the RCW and means an individual, company, corporation, or partnership with which a staffing agency contracts or otherwise agrees to furnish persons for temporary employment in the industries described in sectors 23 and 31 through 33 of the North American industry classification system.
Importantly, per the definition of “worksite employer” Continue reading