Safety violation law now in effect
July 12, 2024
It’s been just over a month since a new safety violation law went into effect. BIAW wants to know how it’s going out there.
Improving notice of safety violations
Washington’s Industrial Safety and Health Act (WISHA) requires employers to provide safe workplaces. It gives L&I the power to inspect and investigate workplaces to ensure they comply with safety and health standards.
Under the law, if L&I believes they’ve identified a violation, they must “with reasonable promptness,” issue a citation. The law requires L&I to issue the citation within six months, in writing. They must also describe the violation and what the employer should do to remedy the situation.
Builders complained the long timelines hindered their ability to fix problems promptly and made it difficult to dispute because the alleged violations occurred so long ago.
BIAW Lobbyist Tom Kwieciak worked with Sen. Karen Keiser, longtime chair of the Senate Labor & Commerce Committee, on a solution. Keiser joined BIAW at its Fall Board of Directors meeting then sponsored SB 5980.
New safety violation law speeds notice for safer workplaces
Under SB 5890, between now and June 30, 2026, L&I must make a good-faith effort to notify builders within 10 working days when inspectors find a safety hazard during an inspection at a residential construction worksite.
By December 1, 2026, L&I must report to the legislature the number and percent of inspections when timely notice was not given to the owner or employer, and the reasons why L&I did not or could not comply.
The goal is to help builders fix potential problems sooner, creating safer workplaces and helping to eliminate unnecessary fines.
BIAW 2022 President Joseph Irons, lobbyist Tom Kwieciak, and Sr. Leg. Manager Tricia Gullion joined Sen. Keiser at the bill-signing on March 13. The bill became law on June 6, 2024.
Let us know how it’s going
If you are still having trouble with L&I not issuing safety violations in a timely manner, please contact Managing Director of External Affairs Jan Himebaugh at janh@biaw.com.