Construction hazards notice

AN ACT Relating to notice requirements of identified hazards at 1
construction worksites; and amending RCW 49.17.120.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 49.17.120 and 2024 c 40 s 1 are each amended to read 4
as follows: 5
(1) If upon inspection or investigation the director or the 6
director's authorized representative believes that an employer has 7
violated a requirement of RCW 49.17.060, or any safety or health 8
standard promulgated by rule adopted by the director, or the 9
conditions of any order granting a variance pursuant to this chapter, 10
the director shall with reasonable promptness issue a citation to the 11
employer. Each citation shall be in writing and shall describe with 12
particularity the nature of the violation, including a reference to 13
the provisions of the statute, standard, rule, regulation, or order 14
alleged to have been violated. In addition, the citation shall fix a 15
reasonable time for the abatement of the violation.16
(2) The director may prescribe procedures for the issuance of a 17
notice in lieu of a citation with respect to de minimis violations 18
which have no direct or immediate relationship to safety or health.19
(3) Each citation, or a copy or copies thereof, issued under the 20
authority of this section and RCW 49.17.130 shall be prominently 21
H-2431.1
HOUSE BILL 2107
State of Washington 69th Legislature 2026 Regular Session
By Representatives Schmidt, Berry, Ybarra, Fosse, Bronoske, Scott,
McEntire, Connors, Parshley, Ryu, Leavitt, Doglio, Simmons, Low,
Barnard, Obras, Zahn, Duerr, Thomas, Ormsby, Graham, Salahuddin, and
Hill
Prefiled 12/08/25. Read first time 01/12/26. Referred to Committee
on Labor & Workplace Standards.
p. 1 HB 2107
posted, at or near each place a violation referred to in the citation 1
occurred or as may otherwise be prescribed in regulations issued by 2
the director. The director shall provide by rule for procedures to be 3
followed by an employee representative upon written application to 4
receive copies of citations and notices issued to any employer having 5
employees who are represented by such employee representative. Such 6
rule may prescribe the form of such application, the time for renewal 7
of applications, and the eligibility of the applicant to receive 8
copies of citations and notices. 9
(4) No citation may be issued under this section or RCW 49.17.130 10
after the expiration of six months following a compliance inspection, 11
investigation, or survey revealing any such violation.12
(5)(a) No citation may be issued under this section if there is 13
unpreventable employee misconduct that led to the violation, but the 14
employer must show the existence of: 15
(i) A thorough safety program, including work rules, training, 16
and equipment designed to prevent the violation; 17
(ii) Adequate communication of these rules to employees;18
(iii) Steps to discover and correct violations of its safety 19
rules; and 20
(iv) Effective enforcement of its safety program as written in 21
practice and not just in theory. 22
(b) This subsection (5) does not eliminate or modify any other 23
defenses that may exist to a citation. 24
(6)(((a))) When conducting inspections of employer worksites 25
where workers are engaged in activities as defined by North American 26
industry classification system ((2361, residential building )) 23, 27
general construction, the department shall make a good faith effort 28
to notify the employer or owner within 10 working days where a hazard 29
that could cause injury to a worker was immediately identified during 30
an inspection. Such notice does not eliminate or modify any other 31
right, responsibility, or authority provided in this chapter.32
(((b) The notice requirement in (a) of this subsection applies 33
only until June 30, 2026.34
(c) By December 1, 2026, the department shall report to the 35
appropriate committees of the legislature the number and percent of 36
inspections in (a) of this subsection when timely notice was not 37
p. 2 HB 2107
given to the owner or employer and the reasons why the department did 1
not or could not comply.))2
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p. 3 HB 2107