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Obligations  United States  Washington

What a Washington business has to have in writing

Washington has never passed a comprehensive consumer privacy law, but it wrote two of the sharpest niche ones instead: My Health My Data forces a separate consumer health data privacy policy linked from the homepage and a signed authorization before any sale, and the biometric identifiers statute requires notice and consent before enrolling a fingerprint or voiceprint in a commercial database.

On the employment side the state OSHA plan makes every employer keep a written accident prevention program and run safety meetings or a safety committee, paid sick leave carries a written notice and monthly balance statement, job postings must show a wage range, and hotel, retail, security and janitorial employers must adopt a sexual harassment policy and hand out panic buttons.

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What applies

Washington rules for a 15–19 person general business

State law only. The federal layer every employer carries sits on the business-type pages below. Each row names what you must write, post, file or certify, who enforces it, and links to the state authority.

Breach Notification 1Who you must tell after a data breach, and how fast

LawProduceWhat it requiresTriggerEnforced by
Data breach notificationAI-compiledRCW 19.255.010Any person or business that owns, licenses or maintains computerized data including personal information about Washington residentsDistribute
Notice
Write and send notice to every affected Washington resident within 30 calendar days of discovering that unsecured personal information was acquired without authorization, in the plain-language format the statute prescribes, naming the data types involved, the dates, the response steps and the contact points. Send the Attorney General a copy of the notice plus the resident count when more than 500 Washington residents are notified, within the same 30 days.
From the first employee
Washington Attorney General; private civil action

Data Security Program 1A written safeguards program the state requires before anything goes wrong

LawProduceWhat it requiresTriggerEnforced by
Destruction of personal information when disposing of recordsAI-compiledRCW 19.215.020 (2002 c 90 s 3)Any entity holding personal financial or health information, or government-issued personal identification numbers, in records within its custody or control. Washington has no prescriptive written information security program law of the Massachusetts 201 CMR 17.00 kindWrite
Written program
Take all reasonable steps to destroy, or to arrange the destruction of, personal financial and health information and government-issued personal identification numbers in records you are disposing of and will not retain. In practice that means a documented retention and disposal routine you can show, because both individuals and the Attorney General can sue over a failure, with higher penalties where the failure was willful.
From the first employee
Washington Attorney General; private civil action with statutory penalties, trebled for willful failures

Consumer Privacy Law 1Rights, notices and assessments for consumer data

LawProduceWhat it requiresTriggerEnforced by
My Health My Data Act, consumer health data privacy policyAI-compiledRCW 19.373.020 (2023 c 191 s 4)Every regulated entity and small business that conducts business in Washington or targets Washington consumers and determines how consumer health data is collected, processed, shared or sold. No revenue or volume threshold. Washington has never passed a comprehensive consumer privacy act of the CCPA or Virginia CDPA type, so this is the state's standing published-privacy-policy mandate; the same chapter's consent, authorization and geofencing duties are listed under biometricWrite
Written policy
Maintain a consumer health data privacy policy that clearly and conspicuously discloses the categories of consumer health data collected and why, the categories of sources it comes from, the categories shared, a list of the categories of third parties and the specific affiliates it is shared with, and how a consumer exercises their rights. Publish a prominent link to that policy on the homepage. Do not collect, use or share any category or purpose the policy does not name without first disclosing it and getting affirmative consent, and do not contract with a processor to handle the data in a way that contradicts the policy.
From the first employee
Washington Attorney General under the Consumer Protection Act; private right of action

Biometric and Health Data 2Consent and retention rules for fingerprints, faces and health data

LawProduceWhat it requiresTriggerEnforced by
My Health My Data ActAI-compiledChapter 19.373 RCWAny legal entity that conducts business in Washington or targets Washington consumers and decides how consumer health data is collected, processed, shared or sold. There is no revenue or volume threshold; 'small businesses' under the definition simply got a later start date of June 30, 2024Write + ack
Written policy
Publish a standalone consumer health data privacy policy, linked prominently from the homepage, listing the categories of health data collected and why, the sources, what is shared, the categories of third parties and affiliates it goes to, and how consumers exercise their rights. Get separate affirmative consent before collecting or sharing anything outside that policy, obtain a signed valid authorization on the statute's terms before any sale, keep records of consents and authorizations, restrict employee and contractor access, and answer access, withdrawal and deletion requests within 45 days. Geofencing around health care facilities to track or advertise to people is prohibited.
From the first employee
Washington Attorney General under the Consumer Protection Act; private right of action
Biometric identifiersAI-compiledChapter 19.375 RCWAny person or business that enrolls a biometric identifier (fingerprint, voiceprint, eye retina or iris scan, or other unique biological pattern used to identify a person) in a database for a commercial purposeDistribute
Notice
Give clear notice and obtain consent, or provide a mechanism to prevent later commercial use, before enrolling anyone's biometric identifier in a database. Do not sell, lease or disclose the identifier without consent or a statutory exception, protect it with reasonable care measured against the industry standard, and keep it no longer than the purpose it was collected for requires.
From the first employee
Washington Attorney General under the Consumer Protection Act

Harassment Prevention 1A written policy, and in some states annual training, on harassment

LawProduceWhat it requiresTriggerEnforced by
Sexual harassment policy, training and panic buttons for isolated employeesAI-compiledRCW 49.60.515Hotel, motel, retail and restaurant employers, security guard entities and property services contractors that employ people who work alone without another co-worker presentWrite + ack
Written policy
Adopt a written sexual harassment policy, train managers, supervisors and isolated employees on preventing sexual assault, harassment and discrimination, on whistleblower protection and on how panic buttons work, hand out a resource list that includes the EEOC, the Washington Human Rights Commission and local advocacy groups, issue a panic button to every isolated employee, and keep records of the training and of the panic button purchases and use for the department on request.
From the first employee
Washington Department of Labor and Industries

Workplace Safety Programs 2Written programs the state safety agency requires beyond federal OSHA

LawProduceWhat it requiresTriggerEnforced by
Written accident prevention program (WISHA State Plan)AI-compiledWAC 296-800-14005; chapter 49.17 RCW; 29 CFR 1952Every employer in Washington, of any size and in any industryWrite
Written program
Write an accident prevention program tailored to the actual hazards of the workplace. It must cover a safety orientation that describes the whole safety and health programme, on-the-job orientation for each new assignment, how and when to report injuries and where first aid is, how to report unsafe conditions, the use and care of required PPE, emergency and evacuation steps, and the identification and safe handling of hazardous substances. Keep it current, and add the separate written programmes any specific hazard rule triggers, such as hazard communication, respiratory protection or lockout-tagout.
From the first employee
Washington Department of Labor and Industries, Division of Occupational Safety and Health (DOSH)
Safety committee or safety meeting requirementAI-compiledWAC 296-800-130Every Washington employer; workplaces with more than 10 employees on a shift must run a safety committee, smaller ones hold monthly safety meetingsWrite
Written program
Set up either a safety committee with employee-elected and employer-selected members that meets monthly, or, for a workplace of ten or fewer on a shift, hold a monthly safety meeting. Keep written minutes for each meeting for at least one year showing who attended, what was discussed and what corrective action was decided.
From the first employee
Washington Department of Labor and Industries (DOSH)

Workplace Violence Prevention 1A written plan for preventing and responding to workplace violence

LawProduceWhat it requiresTriggerEnforced by
Workplace violence prevention plan for health care settingsAI-compiledChapter 49.19 RCWHospitals, home health, hospice and home care agencies, evaluation and treatment facilities and other health care settings named in the chapterWrite
Written program
Develop and implement a written workplace violence prevention plan, through the safety or workplace violence committee where one exists, covering the building's physical security, staffing patterns, lone-worker risks, job design, first aid and emergency procedures, how violent acts get reported, employee training and its rollout, high-risk units and shifts, parking and surrounding areas, and support for staff who were assaulted. Train every affected employee, keep records of violent acts for at least five years, and file the periodic data summary the chapter requires.
From the first employee
Washington Department of Labor and Industries

Insurance Data Security 1The written security program insurance licensees must certify

LawProduceWhat it requiresTriggerEnforced by
Privacy of consumer financial and health information (Insurance Commissioner rules)AI-compiledChapter 284-04 WAC, in particular WAC 284-04-500 and 284-04-625All licensees of the Washington Office of the Insurance Commissioner - insurers, producers and other licensed entities. Washington has not enacted the NAIC Insurance Data Security Model Law (#668); these rules are the state's equivalent regimeWrite + ack
Written program
Develop and implement written policies, standards and procedures for managing health information, consistent with the federal HIPAA privacy rules. They must limit access to staff who need the data for their jobs, provide employee training, set disciplinary measures for violations, identify the job titles authorized to disclose nonpublic personal health information, set procedures for authorizing and restricting collection, use and disclosure, cover access and amendment rights, cover handling, disclosure, storage and disposal, and provide for periodic monitoring of employee compliance. Send initial and annual privacy notices with opt-out to consumers, and notify the insurance commissioner in writing within two business days of deciding that a breach notice must go to customers.
From the first employee
Washington Office of the Insurance Commissioner; failure to give breach notice is defined as an unfair practice

State Vendor Security Program 1Certification a vendor needs before selling cloud services to the state

LawProduceWhat it requiresTriggerEnforced by
WaTech Security Design Review under the Security Assessment and Authorization PolicyAI-compiledWaTech policy SEC-02, replacing IT Security Standard 141.10 sections 1.2.1 and 1.5Cloud and hosted products bought by Washington state agencies, including SaaS, PaaS and IaaSWrite
Written program
A procurement condition, not a certification a supplier holds in advance, and Washington runs no equivalent of TX-RAMP. A WaTech Security Design Review is required before an agency stands up a new IT implementation that uses agency-managed cloud services, vendor-managed cloud or dedicated hosting, or internet-facing services hosted on premise. The duties in the policy fall on the buying agency, which supplies the review checklists, an architecture diagram showing security controls and information flows, the risk assessment and the planned mitigations, and which must then agree to run the system as the review says. The supplier is pulled in through contract terms rather than the policy: Washington's participating addenda under the statewide cloud contract have the contractor warrant it will materially comply with statewide IT policies 141.10 and 188 and submit its product to a WaTech security design review before any state agency order is finally executed. Washington does not require FedRAMP, StateRAMP or GovRAMP authorization and is not a GovRAMP participating organization.
From the first employee
Washington Technology Solutions (WaTech), Office of the Chief Information Officer; Department of Enterprise Services

Paid Leave Policies 2Sick and family leave laws that come with a written policy or notice

LawProduceWhat it requiresTriggerEnforced by
Paid Sick LeaveAI-compiledRCW 49.46.200 through 49.46.210; WAC 296-128-600 through 296-128-770Every employer of employees covered by the Minimum Wage Act, regardless of sizeWrite + ack
Written policy
Accrue at least one hour of paid sick leave for every 40 hours worked, give each employee a one-time written notice of their sick leave rights (accrual rate, permitted uses, retaliation protection, carryover) no later than the start of employment, and then a written statement at least monthly showing leave accrued, used and available. Employers that set a policy on verification for absences over three days, or on shared leave or leave cash-out, must put that policy in writing and give it to employees.
From the first employee
Washington Department of Labor and Industries
Paid Family and Medical LeaveAI-compiledTitle 50A RCWEvery Washington employer; employers with 50 or more employees also owe the employer share of the premiumDistribute
Notice
Display the Employment Security Department's Paid Family and Medical Leave poster, report employee hours and wages and remit premiums each quarter, and give a written statement of Paid Family and Medical Leave rights to any employee who takes seven or more consecutive days off for a qualifying reason. Employers running a voluntary plan instead must have it approved in writing by the department.
From the first employee
Washington Employment Security Department

Required Postings 1The notices every workplace in the state must display

LawProduceWhat it requiresTriggerEnforced by
Required workplace postersAI-compiledChapter 49.17 RCW; chapter 49.46 RCW; Title 51 RCW; Title 50A RCWEvery Washington employerPost
Posting
Post the Labor and Industries poster set where employees can see and read it: Job Safety and Health Law, Your Rights as a Worker, and Notice to Employees If a Job Injury Occurs, plus the Paid Family and Medical Leave notice and the federal notices. Remote employees must be given physical access to the posters, not just a link.
From the first employee
Washington Department of Labor and Industries

Pay Transparency 1Salary ranges in job posts and pay disclosure on request

LawProduceWhat it requiresTriggerEnforced by
Wage and salary disclosure in job postings (Equal Pay and Opportunities Act)AI-compiledRCW 49.58.110Employers with 15 or more employees, counting employees anywhere as long as one Washington-based employee is engaged and the posting can be filled from WashingtonDistribute
Notice
State the wage scale or salary range, or the fixed wage if only one is on offer, plus a general description of benefits and other compensation, in every job posting, including postings placed through third parties. On request, give an employee offered an internal transfer or promotion the wage scale for that role. Postings made through July 27, 2027 get five business days to fix a defective posting after written notice.
15+ employees
Washington Department of Labor and Industries; private civil action

Licensing and Certifications 3Registrations, licences and certifications a business or its staff must hold

LawProduceWhat it requiresTriggerEnforced by
Business License Application and Unified Business IdentifierAI-compiledChapter 19.02 RCW (Business Licensing Service Act)Any business operating in Washington that hires employees, collects retail sales tax, has gross income above the registration threshold, uses a trade name or needs a state-issued endorsementFile
Filing / record
File the Business License Application with the Department of Revenue's Business Licensing Service to get a Unified Business Identifier number and the state and city endorsements the business needs, register any trade name, renew the licence annually, and file the separate entity formation documents with the Secretary of State for corporations and LLCs.
From the first employee
Washington Department of Revenue, Business Licensing Service; Secretary of State for entity formation
Contractor registrationAI-compiledChapter 18.27 RCWAnyone offering or performing construction, alteration, repair or improvement work in Washington, general or specialtyCertify
Certification
Register with Labor and Industries before advertising or bidding, post a continuous surety bond and general liability insurance in the amounts set for the general or specialty class, renew every two years, and put the registration number on advertising, contracts, bids and vehicles. Residential work over the statutory dollar threshold needs a written contract with the disclosure statement the chapter requires.
From the first employee
Washington Department of Labor and Industries
Food worker card and food establishment permitAI-compiledChapter 246-215 WAC (Food Service); chapter 69.06 RCWEvery person who works with unpackaged food, food equipment or utensils, or food-contact surfaces in a Washington food establishment, and the establishment itselfCertify
Certification
Make sure every food worker holds a valid Washington food worker card obtained from a local health jurisdiction after training and a test, keep the cards on file at the establishment, designate a person in charge who can demonstrate food safety knowledge, and hold the local health department's food establishment permit with a written food safety plan where the operation requires one.
From the first employee
Washington State Department of Health with local health jurisdictions

Other Written Policies 3Any other document the state makes an employer write or hand out

LawProduceWhat it requiresTriggerEnforced by
Noncompetition covenant disclosure and earnings thresholdAI-compiledChapter 49.62 RCWEvery employer that asks an employee or independent contractor to sign a noncompetition covenant; the covenant is void below an annually adjusted earnings thresholdDistribute + ack
Notice
Disclose the terms of a noncompetition covenant in writing to a candidate no later than the moment they accept the job offer, and say in writing if the covenant will only become enforceable later once pay rises. A covenant signed after employment starts needs separate consideration, one enforced after a layoff needs the employee's base pay for the restricted period, and the restraint is presumed unreasonable beyond 18 months.
From the first employee
Washington Attorney General; private civil action with statutory damages
Personnel file access and written statement of discharge reasonsAI-compiledRCW 49.12.240 and RCW 49.12.250Every Washington employer that creates personnel recordsFile + ack
Filing / record
Hand over a complete free copy of an employee's or former employee's personnel file within 21 calendar days of a request, covering job applications, performance evaluations, closed disciplinary records, leave and accommodation records, payroll records and employment agreements. Within 21 days of a written request from a former employee, provide a signed written statement giving the effective discharge date, whether there was a reason and what it was.
From the first employee
Private civil action with statutory damages; Washington Attorney General
Silenced No More Act (limits on nondisclosure and nondisparagement terms)AI-compiledRCW 49.44.211Every Washington employer using employment, severance, settlement or separation agreementsWrite
Written policy
Strip out of offer letters, handbooks, severance and settlement documents any clause that stops a worker from disclosing illegal discrimination, harassment, retaliation, wage-and-hour violations or unsafe conditions, and stop enforcing existing ones. Confidentiality of the settlement sum itself remains permissible.
From the first employee
Private civil action with statutory damages; Washington Attorney General

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Sources

Washington Attorney General - Data Breach NotificationsWashington Legislature - RCW 19.255.010Washington Legislature - Chapter 19.373 RCWWashington Legislature - RCW 19.373.020 (privacy policy)Washington Attorney General - Protecting Washingtonians' personal health data and privacyWashington Legislature - Chapter 19.375 RCWWashington Legislature - RCW 19.375.020 (enrollment, use and retention)Washington Legislature - WAC 296-800-14005Washington L&I - Create a Safety ProgramOSHA - Washington State PlanWashington Legislature - WAC 296-800-130Washington Legislature - Chapter 49.19 RCWWashington Legislature - RCW 49.19.020 (plan contents)Washington L&I - Workplace safety and healthWashington Legislature - RCW 49.60.515Washington L&I - Workplace policiesWashington L&I - Paid Sick LeaveWashington Legislature - RCW 49.46.210Washington Legislature - WAC 296-128-770 (notification of rights)Washington Paid Family and Medical Leave - EmployersWashington Legislature - Title 50A RCWWashington Employment Security DepartmentWashington L&I - Equal Pay and Opportunities ActWashington Legislature - RCW 49.58.110Washington L&I - Required Workplace PostersWashington L&I - Workplace Posters: Required and Recommended (F101-054-000)Washington Department of Revenue - Apply for a business licenseWashington Legislature - Chapter 19.02 RCWWashington L&I - ContractorsWashington Legislature - Chapter 18.27 RCWWashington Department of Health - Food Worker CardWashington Department of Health - Food Safety RulesWashington Legislature - Chapter 246-215 WACWashington Legislature - Chapter 49.62 RCWWashington Legislature - RCW 49.62.020Washington Legislature - RCW 49.12.250Washington Legislature - RCW 49.12.240Washington Legislature - RCW 49.44.211Washington Legislature - RCW 19.215.020, destruction of informationWashington Legislature - Chapter 19.215 RCWWashington Legislature - WAC 284-04-500, health information privacy policies and proceduresWashington Legislature - WAC 284-04-625, security breach notification requirementsWashington Legislature - Chapter 284-04 WACWaTech Security Assessment and Authorization PolicyWaTech Security Assessment and Authorization Policy (SEC-02), full textWaTech Security Design Review serviceDES statewide cloud solutions contract 05116

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