Rules Under Development

Recordkeeping and Reporting

Chapter 296-27, WAC

All updates for this rule:

Recordkeeping and Reporting - Phase 3 (Chapter 296-27 WAC, Recordkeeping and Reporting)

The purpose of this proposal is to update certain sections of Chapter 296-27 WAC, Recordkeeping and Reporting, to make sure we are at least as effective as the Occupational Safety and Health Administration (OSHA). Over the past few years, Federal OSHA has made multiple updates, the latest changes occurring in January 2019. OSHA’s multiple rulemaking projects impacted these specific sections: 29 CFR 1904.35 Employee Involvement (WAC 296-27-02111); 29 CFR 1904.36 Prohibition against discrimination (WAC 296-27-02113); 29 CFR 1904.40 Providing records to government representatives (WAC 296-27-03101); and 29 CFR 1904.41 Annual Electronic Submission of occupational injury and illness records, which now applies to all state plan states (WAC 296-27-03103). One of the most significant changes Federal OSHA made was to now require all establishments/employers operating in state-plan states (and who meet the specified criteria) to comply with the annual electronic records submission requirements. Other changes based on OSHA include: Revising the existing requirement that employers establish procedures for employees to report occupational injuries and illness, to clarify that these procedures must be “reasonable” and not deter or discourage reporting; Requiring employers to inform employees of their right to report work-related injuries and illnesses free from retaliation; Incorporating the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses; and Updating existing language to clarify the rights of employees and their representatives to access the injury and illness records. In addition, housekeeping amendments are also being proposed in this chapter.774.


Comments Due


Public Hearing


PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language


PDF: Preproposal (CR-101)

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