Safety and Health Discrimination Protections (Chapter 296-360 WAC)Stakeholder Meeting on Rulemaking
5 – 7 a.m.
Due to a change in our platform license to virtually accommodate more stakeholders, attendees will need to register for this informational stakeholder meeting at this link:
Phone access: 253-215-8782
Meeting ID: 816 4001 3753
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.)
The Division of Occupational Safety & Health (DOSH) of the Department of Labor and Industries (L&I) is conducting rulemaking in response to Engrossed Substitute House Bill 1097 (ESHB 1097), an act relating to increasing worker protections.
Chapter 296-360 WAC, Discrimination Rulemaking Overview:
The update to chapter 296-360 WAC, Discrimination, will change the allowed time period to file a complaint of a discriminatory act from 30 to 90 days, expand the definition of discrimination, and establish the Division of Occupational Safety and Health’s (DOSH) ability to penalize an employer for discriminating against one of their employees. This rulemaking would also address changes in how complaints will be resolved with final orders. Under ESHB 1097, L&I now has the authority to issue administrative orders related to discrimination differing from the current process, which has proceedings go to superior court if a matter is not settled.
Rule Development Process:
DOSH filed a CR-101 Preproposal on January 4, 2022, initiating the rulemaking process.
Stakeholder Meeting - Agenda:
• Overview of current discrimination law
• What is Engrossed House Bill 1097?
• What are the changes under this bill?
• Proposed language
Please contact Josefina Magana with any rulemaking questions:
Josefina.Magana@Lni.wa.gov or 360-902-4233
For technical questions regarding the following areas, contact the specified individuals:
Discrimination: Anne Springer, DOSH Discrimination Supervisor
Anne.Springer@Lni.wa.gov or 360-902-4514
Appeals: Yvonne Baptiste, Appeals Manager
Yvonne.Baptiste@Lni.wa.gov or 360-902-6642