For the first time since Washington state enacted a new law in 2024 to improve standards for warehouse workers, the state Department of Labor & Industries (L&I) has cited an employer for quota-related safety and workplace rights violations.
In a press release dated April 30, L&I’s investigation found that the Safeway distribution center in Auburn often tracks its workers’ restroom, meal and rest breaks, their movements, and other activities down to the minute to enforce strict-and-frequently changing production quotas.
After finding several violations, L&I recently cited Safeway a total of more than $26,000. The law, which provides protections for workers so workplace quotas don’t interfere with worker rights or safety, applies to all warehouses with more than 100 employees at a single Washington location, or who have more than 1,000 employees at multiple locations in the state.
“Our investigation uncovered several safety-related violations, and we’re working with Safeway to make sure they make the needed changes to meet the requirements under the law,” said Craig Blackwood, assistant director for the Division of Occupational Safety and Health.
Among key elements of the law are:
• Employers must give their workers a written description of their quota, and update it when they change the quota, throughout the day in this case.
• Employers must ensure the quota allows enough time for workers to take their meal and rest breaks.
• Employers must allow employee to access and use necessary tools or safety equipment.
• Employers cannot discipline or fire workers for failing to meet a quota the employer did not properly disclose.
L&I’s investigation also resulted in citations from the agency’s Division of Occupational Safety and Health (DOSH), and the Employment Standards Program, for:
1. Failing to ensure that the quota includes time for employees to use the restroom. Employees were not given time to use the restroom outside of their scheduled breaks.
2. Failing to provide a workplace free of recognized serious hazards in the produce and perishables department because of the quotas in those areas. These workers were expected to manually load products onto pallets at a pace that involved rapid heavy lifting.
The safety violations cited above resulted in a fine of $11,700. Safeway has appealed the citation.
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