Washington Farmworker Housing May Allow Bunk Beds

Emergency rules on farmworker housing in Washington take effect today as a result of COVID-19 considerations. The new rules have been modified from those proposed three weeks ago by the Washington State Departments of Labor and Industries and Health, implementing a social distancing requirement to severely limit the use of bunk beds, decreasing potential occupancy of temporary worker housing by 30% to 50% in most cases.

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Housing providers have 10 days to update their housing management plans to reflect the new requirements, which are in effect for up to 120 days and require housing providers to:

  • Educate occupants in a language or languages understood by the occupants on COVID-19;
  • Provide occupants cloth face coverings;
  • Ensure physical distancing of occupants when at housing sites, which includes all cooking, eating, bathing, washing, recreational, and sleeping facilities;
  • Ensure frequent cleaning and disinfecting of surfaces;
  • Identify and isolate occupants with suspected and confirmed positive cases; and
  • Submit to the Department of Health a revised temporary worker housing management plan that demonstrates how the operator will comply with the emergency rule requirements by May 28.

On the important question of continued bunk bed use, the Washington State Tree Fruit Association (WSTFA) reports the emergency rule now includes an option for group shelters. A group shelter is where a cohort of up to 15 occupants stay together while separated from others for housing, work, and transportation.

Under the group shelter option, both the top and bottom beds of bunk beds may be used in which the beds are at least 6 feet apart and the bunk bed occupants sleep head to toe. The physical distancing requirements of the emergency rule otherwise prohibit the use of the top bunk of bunk beds.

According to WSTFA, in a phone call on Friday afternoon, DOH and L&I staff provided some important clarifications as to how the group shelter option may be implemented.  First, it was confirmed that housing plans can allow for more than one cohort in a housing structure/unit as long as strong administrative controls are in place to ensure that cohort separation is maintained.

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These administrative controls may include separate designated appliances in shared kitchen facilities, separate bathroom facilities, and separate times to use these shared spaces. It was also confirmed that more than one cohort can report to the same supervisor or work at the same site provided that more than 6 feet of distance is maintained to ensure that these cohorts are not exposed to each other. The agencies also confirmed that they will be providing additional guidance in the next few days to assist housing providers in understanding these rules.

Finally, additional guidance on general workplace safety and on transportation requirements for agriculture will also be issued soon. These documents will specifically address requirements for cohorts in a group shelter housing option in transportation and the workplace.

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