Sanitation in Construction

In July 2025, L&I implemented new rules that require employers in the construction industry to provide workers who menstruate or express milk and who perform construction activities:

  • access to restrooms,
  • an adequate and convenient supply of menstrual hygiene products at no cost, and
  • reasonable accommodations to express milk after a child’s birth.

Find the requirements and resources here for ensuring workers have access to clean, private, and safe accommodations for menstruation and expression of milk while working in the construction industry.

Overview

In 2024, the Washington State Legislature directed L&I's Division of Occupational Safety & Health (DOSH) to update safety & health rules for the construction industry, WAC 296-155.

L&I updated Chapter 296-155 WAC, Safety standards for construction work, Part B-1, Occupational Health and Environmental Control, with the requirements of Revised Code of Washington (RCW) 49.17.530, – Construction workers – Accommodations – Menstruation and expression of milk. Specifically, these new rules were added into Part B-1, Occupational Health and Environmental Control as WAC-296-155-140 (6) Menstruation and expression of milk, effective July 1, 2025.

For more information, please see the Sanitary Conditions for Construction Workers Frequently Asked Question (FAQs).

Requirements & Policies

Requirements include:

  • Minimum size bathroom-equivalent to a standard sized portable chemical toilet;
  • Internal latch (lock) to prevent inadvertent entry; and
  • Adequate time to accommodate for multiple layers of clothing while using the room.

Adequate and convenient supply of menstrual hygiene products at no cost to employees:

  • Products must be located in all gender-neutral bathrooms and bathrooms designated for workers who menstruate, or
  • Provided in kits for each worker who needs such product.

Reasonable accommodations to express milk after the child’s birth each time such employee has need to express to include:

  • Flexible scheduling, including breaks;
  • Private dedicated space, other than a bathroom, lockable (if possible) and free from intrusion;
  • Convenient hygienic refrigeration on the worksite for the storage of milk;
  • Convenient water source in a private location near the location where milk is expressed for the worker to wash hands and clean milk expression equipment; and
  • RCW 49.17.530 requires L&I’s rules identify minimum reasonable accommodations for expressing milk that include alternatives for worksites of varying numbers of employees.

Laws & Regulations

Training & Resources

For topic-specific information, see also:

More help from L&I: