Discrimination because of exercise of right afforded by WISHA—Walkaround pay.
Employee participation in walkaround inspections under RCW
49.17.100 is essential. Employees are a vital source of information to the division about work place hazards. Employees must be able freely to exercise their statutory right to participate in walkarounds without fear of economic loss, such as the denial of pay for the time spent helping WISHA inspectors during the walkaround. To ensure the unimpeded flow of information to the inspectors, and the unfettered statutory right of employees to participate in walkaround inspections, an employer's failure to pay employees for time they spend in walkaround inspections is discrimination under RCW
49.17.160. In addition, an employer's failure to pay employees for time spent in other inspection-related activities, such as answering questions of inspectors or participating in the opening and closing conferences, is discrimination under RCW
49.17.160.
[Statutory Authority: Chapter
49.17 RCW. WSR 94-15-096 (Order 94-07), § 296-360-140, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW
49.17.040,
49.17.050,
49.17.240, chapters
43.22 and
42.30 RCW. WSR 80-17-015 (Order 80-21), § 296-360-140, filed 11/13/80.]