Safety and Health Discrimination Protections (ESHB 1097) 

L&I is conducting rulemaking in response to Engrossed Substitute House Bill (ESHB) 1097, an act relating to increasing worker protections.

See all the rulemaking activity for Chapter 296-360 WAC, Discrimination on our L&I Rulemaking page.

Learn more about our rulemaking process and terminology.

Overview

L&I's Division of Occupational Safety & Health (DOSH) is conducting rulemaking in response to Engrossed Substitute House Bill (ESHB) 1097, an act relating to increasing worker protections.

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.

Meetings & Timeline

Date (Subject to change) Activity
​January 4, 2022 ​ CR-101 Pre-proposal Statement of Inquiry Filed ​
February 17, 2022, virtual Virtual Informational Stakeholder Meeting 

Rule Drafts & Documents

Staff Contacts

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 (360) 902-4514.

Appeals

Yvonne Baptiste, Appeals Manager
Yvonne.Baptiste@lni.wa.gov (360)902-6642.

Get updates via email

If you would like to receive email updates regarding this proposed rulemaking project and future stakeholder meetings, please sign up for our email updates.