The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed February 18, 2025
For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar.
Division: Division of Occupational Safety & Health (DOSH)
Topic: Proposal (CR-102) – Fire-Resistant Material Applicators (SHB 1323 Implementation)
Brief Description: The purpose of this rulemaking is to implement the requirements of Substitute House Bill 1323 (SHB 1323), codified as Chapter 49.105 RCW, under Chapter 296-156 WAC, Fire-resistant materials applicator certification. SHB 1323 requires a training and certification program be created for individuals who spray-on apply fire-resistant materials to buildings classified as construction types I, II, III, IV, and V, as defined by the International Building Code, and install fire-stop systems in risk category III and IV, as defined by the International Fire Code. Fire protection measures are critical design elements to control the spread of fire and help protect structural steel, contain fire, and limit damage. Fire-resistant materials help protect the lives of employees that work in these buildings by providing more time for them to evacuate in case of a fire. The sufficient training of applicators and proper installation of fire-resistant materials will aid in reducing the number and severity of fires in the workplace. This proposed rulemaking includes requirements for safety training certification for workers, curriculum for in-person classroom and hands on instruction, and approval of training providers.
Public hearing dates: April 1, 2025 (virtual/phone)
April 8, 2025 (Spokane)
April 9, 2025 (Tukwila)
Written comments due by: April 16, 2025, 5:00 p.m.
Intended adoption date: May 20, 2025
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Preliminary Cost Benefit Analysis (CBA)
Division: Division of Occupational Safety & Health (DOSH)
Topic: Proposal (CR-102) – Sanitary Conditions for Construction Workers (EHB 2266 Implementation)
Brief Description: The purpose of this rulemaking is to propose amendments to Chapter 296-155 WAC, Safety Standards for Construction Work, to implement the requirements of Engrossed House Bill 2266 (Chapter 258, Laws of 2024), codified under RCW 49.17.530, which became effective June 6, 2024. The proposed amendments implement the requirements set forth in RCW 49.17.530, which requires employers in the construction industry to provide workers performing construction activities and who menstruate or express milk the following:
- Access to an adequate portable toilet or restrooms, accessible on the worksite, or access to a permanent structure with a restroom/bathroom.
- Adequate and convenient supply of menstrual hygiene products at no cost to employees.
- Reasonable accommodations to express milk after a child’s birth each time such employee has need to express.
Public hearing dates: March 25, 2025 (Tukwila)
March 27, 2025 (virtual/phone)
Written comments due by: April 3, 2025, 5:00 p.m.
Intended adoption date: May 20, 2025
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Division: Field Services and Public Safety (Electrical Program)
Topic: Proposal (CR-102) – Electrical Fees Increase (FY26)
Brief Description: The purpose of this rulemaking is to propose amendments to the electrical rule, Chapter 296-46B WAC, Electrical safety standards, administration, and installation, that would increase fees by the fiscal growth factor of 6.41% for electrical inspections and other Electrical Program services. The fee increase is the maximum allowed by the state Office of Financial Management for fiscal year 2026. The fee increase is necessary to cover increased operating expenses for the Electrical Program. The current fee levels are insufficient to cover current Program expenses. The fee increase would ensure that revenues match expenditures.
Public hearing dates: March 25, 2025 (Tumwater/virtual/phone)
Written comments due by: March 25, 2025, 5:00 p.m.
Intended adoption date: May 6, 2025
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Division: Fraud Prevention and Labor Standards (Prevailing Wage Program)
Topic: Expedited Proposal (CR-105) – Prevailing Wage (SHB 2136 Implementation)
Brief Description: The purpose of this expedited rulemaking is to propose amendments to Chapter 296-127 WAC, Prevailing Wage, concerning prevailing wage sanctions, penalties, and debarment, to implement Substitute House Bill 2136 (SHB 2136), Chapter 7, Laws of 2024. The Attorney General’s Office proposed SHB 2136 to close a loophole within Prevailing Wage law, expand the definition of contractor to include substantially identical entities to debarred and sanctioned contractors, and extend sanctions and penalties to those substantially identical entities.
L&I determined that expedited rulemaking is appropriate because the proposed language includes new statutory language from Chapter 39.12 RCW, and clarifies language without changing its effect.
Written objections due: April 21, 2025, by 5 p.m.
Additional information about this rulemaking:
CR-105 Expedited Proposal
Proposal Language
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