Monetary Penalties and Appeals, Chapter 296-900 WAC, Administrative Rules
Status
The Department of Labor & Industries (L&I) Division of Occupational Safety and Health (DOSH) filed a Permanent Rulemaking (CR-103) on January 16, 2025, to update how base penalties are calculated in order to make penalties more effective in preventing employers from repeatedly exposing workers to life-threatening hazards. This permanent rulemaking addresses concerns raised through the Occupational Safety and Health Administration’s (OSHA) State Activities Mandated Measures (SAMM) report, which indicates that Washington penalties continue to be below the national average.
DOSH is tying base penalty increases to inflation, and it is effective February 17, 2025.
See all the rulemaking activity for Monetary Penalties and Appeals on our L&I Rulemaking page.
Learn more about our rulemaking process and terminology.
OSHA issued new enforcement guidance to make its penalties more effective in preventing employers from repeatedly exposing workers to life-threatening hazards or failing to comply with certain workplace safety and health requirements. OSHA now has the authority to cite certain types of violations as “instance-by-instance citations” for cases where it has been identified “high-gravity” serious violations.
Failure to adopt rules to respond to the change in OSHA policies could result in the suspension of Washington’s State Plan approval and/or federal funding.
Activity | Date |
---|---|
Filed CR-101 Preproposal Statement of Inquiry | April 16, 2024 |
Virtual Stakeholder Meetings | August 7 & 12, 2024 |
Filed CR-102 Proposed Rulemaking | September 3, 2024 |
Public Hearings | October 9, 2024 – 9:30 a.m. October 10, 2024 – 3:00 p.m. |
Public Comment Due | November 1, 2024 5:00 p.m. |
Filed CR-103 Permanent Rulemaking | January 16, 2025 |
Effective Date | February 17, 2025 |
Meeting materials
Rule adoption
Permanent rule filing
- CR-103 Permanent Rulemaking January 16, 2025
Proposed rule filing
- CR-102 Proposed Rulemaking September 3, 2024
- CR-102 Proposed Rule Language September 3, 2024
Preproposal rule filing
- Preproposal Statement of Inquiry (CR-101) April 16, 2024
Staff contacts
For rulemaking questions, please contact:
Carmyn.Shute@Lni.wa.gov
For technical questions, please contact:
Matthew.Ludwick@Lni.wa.gov or Terry.Walley@Lni.wa.gov
Get updates via email
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