Is Washington’s Department of L&I Ensuring Workplace Safety?

In a recent blog post, I applauded the Department of L&I for being the state’s safety watchdog. They are the body set in place to help Washington workers blow the proverbial whistle if they see poor working conditions that could and should be fixed. Articles I read make me wonder if the applause should have been held back.

Like all states, Washington State has laws and regulations governing workplace safety, primarily enforced by the Washington State Department of Labor & Industries (L&I). Employers must legally adhere to these regulations, and reporting violations helps ensure compliance.

Throughout my career, I’ve taken countless calls from workers who’ve recently been injured, have seen their coworkers injured, or fear future injuries due to negligent adherence to safety rules and generally unsafe working conditions. I have to deliver the good and bad news on these calls. In this article, I’ll cover what that looks like. Here we go. 

The Good News: No-fault workers’ comp system 

Washington has a no-fault workers’ compensation system that aims to provide specific relief to injured workers, regardless of whether the employer’s negligence, a mistake by the worker, or just plain bad luck caused the injury.

The Bad News: No option to sue your employer 

In most circumstances, you don’t have the option to sue your employer, even if their negligence or poor adherence to safety rules is what caused the injury. 

When these workers call Carlisle + Byers with concerns about their workplace safety, whether we represent them or not, I always advise them to call the Department of L&I at 1-877-LISTENS to report the concern. Even though it may not be an immediate resolution, it may lead to an investigation and prevent others from being hurt. I still maintain that this is the best of what’s available, but articles like this one from May of 2024 make me wonder what happens after the report comes in.

Are follow-up inspections happening for workplace safety? 

And is there really anybody listening? 

According to the article I mentioned, the Washington Department of L&I maintains a “severe violator” list of businesses that have shown willful or repeat safety violations. Inclusion on the list means a business is subject to heightened scrutiny and repeat visits from the state to ensure remedial measures are taken and dangerous conditions are resolved. However, “less than 5% of those companies added to the list since 2019 have been subject to a specific “follow-up” inspection to ensure the hazards have been abated, according to L&I documents,” says CascadePBS.

This is not the follow-up we need. This is not what workers and businesses agreed to over 100 years ago when they entered into the Industrial Insurance Act. The Department of L&I has fallen victim to the industry’s collectively unlimited resources and power to persuade claim managers and decision-makers to err on the side of cost-savings at the expense of the health and safety of workers in Washington State. 

Keep reporting workplace safety violations

We will continue to plead with any worker with workplace safety concerns to call 1-877-LISTENS to report the violation. News like this article reminds us that one call may not be all it takes. Keep calling, keep reporting, and stay safe.

Contact us today if you’d like to schedule a free consultation with Carlisle + Byers.