Rules filed January 6, 2026



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The Department of Labor & Industries (L&I) updated its rulemaking website

Rules filed January 6, 2026

For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar [ [link removed] ]. [ [link removed] ]



Division: Division of Occupational Safety & Health (DOSH)

Topic: Adoption (CR-103) – Safety and Health Retaliation

Brief Description: This rulemaking amends Chapter 296-360 WAC and other sections in Title 296 WAC that reference safety and health discrimination protections for workers and replaces the term “discrimination” with “retaliation”. This is part of a plan that L&I developed to use more accurate terminology to describe complaints received from workers who raise workplace safety and health hazards or concerns and are subsequently retaliated against as described in RCW 49.17.160. This update does not change the underlying protections that currently exist today.

*Effective date: February 6, 2026*

Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]



Division: Division of Occupational Safety & Health (DOSH)

Topic: Proposal (CR-102) – Trenching and Excavation Work Plan

Brief Description: The purpose of this proposal is to amend Chapter 296-155 WAC, Safety standards for construction work, Part N Excavation, trenching, and shoring. The Division of Occupational Safety and Health (DOSH) is proposing to amend WAC 296-155-655, General protection requirements, to require employers to complete a written work plan detailing appropriate risk analysis and prior to beginning any work that requires a protective system. In addition, definitions applicable to the chapter were moved from WAC 296-155-650 to a new section, WAC 296-155-652.

Despite the existing requirement for employers to “ensure prompt and safe removal of injured employees from elevated work locations, trenches and excavations prior to commencement of work”, inspection data revealed multiple fatalities and numerous injuries related to excavation and trenching work in Washington. The conclusions of fatality investigations in recent years suggest that a better approach to risk analysis could serve greatly to reduce the likelihood of similar fatalities in the future.

Public hearing dates: February 10, 2026 (Tukwila) [ [link removed] ]
                                   February 11, 2026 (Spokane Valley) [ [link removed] ]
                                   February 12, 2026 (virtual/telephonic) [ [link removed] ]
Written comments due by: February 20, 2026, 5:00 p.m.
Intended adoption date: March 17, 2026

Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]
Preliminary Cost Benefit Analysis (CBA) [ [link removed] ]








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Washington State Department of Labor & Industries · 7273 Linderson Way SW · Tumwater WA 98501
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