The Division of Occupational Safety and Health (DOSH) is initiating rulemaking for chapter 296-155 WAC, Safety standards for construction work. This rulemaking will implement the requirements of Engrossed House Bill 2266, codified under RCW 49.17.530, which became effective June 6, 2024.

The law establishes requirements for employers in the construction industry to provide workers who menstruate or express milk access to restrooms, adequate and convenient supply of menstrual hygiene products at no cost, and reasonable accommodations to express milk after a child’s birth.

L&I will communicate rulemaking updates, including dates of upcoming meetings and draft language, on this web page. L&I will also communicate rulemaking next steps to stakeholders via email.

In addition, L&I will share rulemaking updates during public stakeholder meetings, as well as regularly scheduled WISHA and Construction Advisory Committee Meetings.

Stakeholder meetings are open to the public and will include representatives from business, labor, and government. 

Upcoming Meetings

L&I invites interested parties to attend upcoming stakeholder meetings. During the meetings, L&I will provide an overview of the rulemaking, share preliminary draft rule language, and provide an open forum for questions and comments. L&I welcomes and encourages stakeholder participation.

Interpretation services for these meetings can be provided at no cost. You can send an email to Cathy Coates or call 360-280-2003 to request interpretation services by close of business October 18, 2024.

Date: Tuesday, October 29, 2024
Time: 10:00 a.m.
Location:  Department of Labor & Industries, Moses Lake 
3001 W Broadway Avenue
Moses Lake, WA 98837

Date: Thursday, October 31, 2024
Time: 10:00 a.m.
Location:  Department of Labor & Industries, Tukwila 
12806 Gateway Drive S
Tukwila, WA 98168

Virtual Stakeholder Meeting:
Date: Wednesday, November 13, 2024
Time: 10:00 a.m.

Session will open at 9:45 a.m., to allow participants time to test sound, or, request technical assistance, if needed.

Registration on Zoom is required.

Once registered, you will receive a confirmation email and calendar item with your personal meeting link or phone number and the password. On the day/time of the meeting, you will need to click on that link or call, enter the appropriate password and then you will be in virtual attendance. (Note: please check spam or junk mail for this confirmation email as it will be coming from Zoom.)

Meeting Materials

• Stakeholder Meeting Presentation, October 2024
• WAC 296-155-140 Preliminary language October, 2024
  • WAC 296-155-140 Preliminary language (Spanish translation) 
• Sanitary Conditions for Construction Workers Frequently Asked Question (FAQs)
  
  • Condiciones sanitarias para los trabajadores de la construcción - Preguntas frecuentes (Spanish version)

Preliminary Rule Language

• WAC 296-155-140 Preliminary language October, 2024
  • WAC 296-155-140 Preliminary language (Spanish translation) 
• Sanitary Conditions for Construction Workers Frequently Asked Question (FAQs)
  
  • Condiciones sanitarias para los trabajadores de la construcción - Preguntas frecuentes (Spanish version)

Preproposal rule filing

• Preproposal Statement of Inquiry (CR-101) September 17, 2024

• Sanitary Conditions for Construction Workers Product card (F417-310-000). Available in English, Spanish & Russian.
• Storage and Preparation of Breast Milk (CDC)
  • Almacenamiento y preparación de la leche maternal (Spanish version)
• How to Keep Your Breast Pump Kit Clean (CDC)
  • Cómo mantener limpio el extractor de leche materna (Spanish version) 
• Lactation breaks on outdoor job sites (Office of Women's Health)
• Chapter 296-155 WAC, Safety Standards for Construction Work
• RCW 49.17.530 Construction workers—Accommodations—Menstruation and expression of milk.
• Engrossed House Bill 2266 (Effective June 6, 2024)