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.

Overview

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.

Meetings & Timeline

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: 9:00 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: 6:00 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: 1:00 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 5:00 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

Rule Drafts & Documents

For rulemaking questions, contact us at WarehouseRules@Lni.wa.gov

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.