(1) RCW 49.28.100 Hours of operators of power equipment in waterfront operations—Penalty.
- (a) It shall be unlawful for any employer to permit any of their employees to operate on docks, in warehouses and/or in or on other waterfront properties any power driven mechanical equipment for the purpose of loading cargo on, or unloading cargo from, ships, barges, or other watercraft, or of assisting in such loading or unloading operations, for a period in excess of 12.5 hours at any one time without giving such person an interval of eight hours' rest: Provided, however, The provisions of this section shall not be applicable in cases of emergency, including fire, violent storms, leaking or sinking ships or services required by the armed forces of the United States.
- (b) Any persons violating this section is guilty of a misdemeanor.
(2) RCW 51.28.010 Notice of accident—Notification of worker's rights—Claim suppression.
- (a) Whenever any accident occurs to any worker it shall be the duty of such worker or someone on their behalf to forthwith report such accident to the employer, superintendent, or supervisor in charge of the work, and of the employer to at once report such accident and the injury resulting therefrom to the department pursuant to RCW 51.28.025 where the worker has received treatment from a physician, osteopathic physician, chiropractor, naturopath, podiatric physician, optometrist, dentist, licensed *advanced registered nurse practitioner, physician assistant, or psychologist in claims solely for mental health conditions, has been hospitalized, disabled from work, or has died as the apparent result of such accident and injury.
- (b) Upon receipt of such notice of accident, the department shall immediately forward to the worker, their beneficiaries, or their dependents, notification, in nontechnical language, of their rights under this title. The notice must specify the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010 (2)(a), including chiropractic services under RCW 51.36.015, and must list the types of providers authorized to provide these services.
- (c) Employers shall not engage in claim suppression.
(d) For the purposes of this section, "claim suppression" means intentionally:
- (i) Inducing employees to fail to report injuries;
- (ii) Inducing employees to treat injuries in the course of employment as off-the-job injuries; or
- (iii) Acting otherwise to suppress legitimate industrial insurance claims.
- (e) In determining whether an employer has engaged in claim suppression, the department shall consider the employer's history of compliance with industrial insurance reporting requirements, and whether the employer has discouraged employees from reporting injuries or filing claims. The department has the burden of proving claim suppression by a preponderance of the evidence.
- (f) Claim suppression does not include bona fide workplace safety and accident prevention programs or an employer's provision at the worksite of first aid as defined by the department. The department shall adopt rules defining bona fide workplace safety and accident prevention programs and defining first aid.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 70.54.480, and chapter 49.17 RCW. WSR 26-07-053, s 296-56-60255, filed 3/17/26, effective 4/20/26. Statutory Authority: RCW 49.17.040 and 49.17.050. WSR 85-01-022 (Order 84-24), § 296-56-60255, filed 12/11/84.]