Apr 28, 2020

Farmworker housing cuts pursued through emergency rules in Washington state

Many Washington state farmers rely on foreign workers through the federal H-2A work visa program to harvest their crops.

However, the Washington State Department of Health and the Department of Labor & Industries (L&I) are considering emergency rules to prevent the spread of COVID-19 that farming advocates say could require cutting the number of guests workers this year by half – a “season-ending” result for many farmers.

The proposed rule was released April 23 following a lawsuit filed earlier this month in Skagit County Superior Court by Familias Unidas Por La Justica and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) against DOH and L&I. The lawsuit concerns temporary worker housing rules and physical distancing in those facilities.

The draft rules allow alternative engineering or administrative controls (physical modifications or management policies) to be substituted if reviewed and approved by the agencies to provide comparable protections. However, it is not clear what alternatives might be approved by the agencies.

A final rule is expected to be adopted by May 1.

To read the draft rule language, click here.