Warehouse Distribution Centers Rulemaking
Status
L&I initiated rulemaking on October 11, 2023. L&I filed two separate Preproposal Statement of Inquiry CR-101 forms, one for rules enforced by the Division of Occupational Safety and Health (DOSH), and one for rules enforced by Fraud Prevention and Labor Standards (FPLS) Division. The rulemaking efforts will be jointly coordinated.
L&I filed the Proposed Rulemaking (CR-102) on March 5, 2024. Please see “Tab 2/Meetings and Timeline” for information on public hearings. The deadline for written public comment is 5:00 p.m. April 22, 2024.
See all the rulemaking activity for quotas at warehouse distribution centers on our L&I Rulemaking page.
Learn more about our rulemaking process and terminology.
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, which goes into effect on July 1, 2024.
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.
The proposed rule includes:
- Provides definitions for clarity;
- Reiterates quota time period and reasonable travel time requirements from 2SHB 1762;
- Clarifies a method for measuring employer size to help accurately determine whether an employer is covered by the rules;
- Clarifies violations of WISHA related to quotas;
- Provides a table of examples of activities and how a violation of chapter 49.84 RCW could contribute to a violation of the safety standards;
- Clarifies employer recordkeeping requirements;
- Clarifies enforcement procedures;
- Clarifies employee protection from adverse action for failure to meet a quota; and
- Clarifies retaliation protections and enforcement.
L&I must adopt rules to fully and adequately enforce the law.
| Date (Subject to Change) |
Activity |
|---|---|
| October 11, 2023 | Filed CR-101 Preproposal Statement of Inquiry - DOSH Filed CR-101 Preproposal Statement of Inquiry - FPLS |
| March 5, 2024 | Filed CR-102 Preproposal Statement of Inquiry - DOSH Filled CR-102 Preproposal Statement of Inquiry - FPLS |
| April 22, 2024 | Pubic comment due. |
Upcoming meetings
A pre-hearing overview will occur one-half hour prior to the start of each meeting.
Final Public Hearing Overview Presentation
| Date/Time | Location |
|---|---|
| April 9, 2024 Overview: 9 a.m. Hearing: 9:30 a.m. |
Enduris Training Center 1610 Technology Blvd., Suite 100 Spokane WA 99224 |
| April 11, 2024 Overview: 5:30 p.m. Hearing: 6 p.m. |
Virtual via Zoom Webinar Link (no registration required) Passcode (if prompted): Ware@530 To join by phone (audio only): 253-215-8782 Meeting ID: 892 2568 1620 Passcode: 12275394 |
| April 15, 2024 Overview: 1 p.m. Hearing: 1:30 p.m. |
Dept. of Labor & Industries 12806 Gateway Drive S Tukwila WA 98168 |
The deadline for written public comment is 5 p.m. April 22, 2024.
Public comments may be submitted:
Email: WarehouseRules@Lni.wa.gov
Fax: 360-902-5619
US Mail:
Carmyn Shute, Administrative Regulations Analyst
Department of Labor & Industries
Division of Occupational Safety and Health
PO Box 44620
Olympia WA 98504-4620
Reed Simock, Administrative Regulations Analyst
Department of Labor & Industries
Fraud Prevention and Labor Standards
PO Box 44510
Olympia WA 98504-4510
Previous meetings
- November 27, 2023 meeting summary, Virtual
- November 29, 2023 meeting summary, Spokane
- November 30, 2023 meeting summary, Tukwila
- December 1 2023 meeting summary, Virtual
- NEW! Proposed Chapter 296-35 WAC, Safety Standards for Quotas for Warehouse Distribution Centers
- NEW! Proposed Chapter 296-360-200 WAC. Retaliation protections and enforcement – Warehouse distribution centers.
- NEW! Proposed Chapter 296-136 WAC, Labor Standards for Quotas at Warehouse Distribution Centers.
- DOSH Preliminary Warehouse Protections Language Chapter 296-35
- DOSH Preliminary Warehouse Protections Language Chapter 296-360
- 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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