Warehouse Distribution Centers Rulemaking
L&I initiated rulemaking on October 11, 2023. Two separate Preproposal Statement of Inquiry CR-101 forms were filed, one for rules to be enforced by the Division of Occupational Safety and Health (DOSH), and one for rules to be enforced by Fraud Prevention and Labor Standards (FPLS) Division. The rulemaking efforts will be jointly coordinated.
The second draft of the preliminary rule language includes updates based on feedback from stakeholders. The new draft language can be found under Tab 3 “Rule Drafts and Documents”. There will be no meetings to receive stakeholder feedback on the second draft. There will be public hearings this spring when L&I considers the final rule. You may contact us by email with questions or to submit comments on the draft rules. The deadline to comment is Jan. 26.
See all the rulemaking activity for quotas at warehouse distribution centers on our L&I Rulemaking page.
L&I is responding to Second Substitute House Bill (2SHB) 1762 (2023), establishing requirements for warehouse distribution centers. 2SHB 1762, codified at chapter 49.84 RCW, goes into effect on July 1, 2024.
2SHB 1762/Chapter 49.84 RCW requires employers at warehouse distribution centers to:
- Provide written notices to employees of their quotas;
- Provide employees their personal work speed data and work speed data for similar employees at the same location when requested;
- Ensure time to perform quotas include consideration of certain factors, such as time for rest and meal breaks, use of the bathroom, and actions needed to work safely;
- Prohibits adverse actions against an employee for failure to meet a quota that violates the new law; and
- Prohibits adverse action against an employee for exercising their rights under the new law, such as requesting data or making a complaint related to an alleged quota violation.
2SHB 1762/Chapter 49.84 RCW authorizes L&I to enforce the new requirements with certain violations enforced under the Washington Industrial Safety and Health Act.
L&I must adopt rules to fully and adequately enforce the law.
|Date (Subject to Change)
|October 11, 2023
|Filed CR-101 Preproposal Statement of Inquiry - DOSH
Filed CR-101 Preproposal Statement of Inquiry - FPLS
No meetings currently scheduled
- NEW! DOSH Preliminary Warehouse Protections Language Chapter 296-35
- NEW! DOSH Preliminary Warehouse Protections Language Chapter 296-360
- NEW! FPLS Preliminary Warehouse Protections Language Chapter 296-132
- 2SHB 1762 (2023 legislation)
- Chapter 49.84 RCW
- FPLS Preliminary Warehouse Protections Language
- DOSH Preliminary Warehouse Protections Language
For rulemaking questions, contact us at WarehouseRules@Lni.wa.gov
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