L&I is seeking input on criteria for selecting sectors subject to ergonomics rulemaking, as mandated by the passage of SB 5217 in 2023. This rulemaking is significant as there are currently no federal ergonomics safety and health rules, and SB 5217 repealed a voter-approved initiative that prohibited the promulgation of ergonomics (or musculoskeletal injuries) rules. The Department is offering a brief window for suggestions on industry selection criteria, aiming to narrow down the selection to five sectors by mid-March. Suggestions can be submitted to [email protected].
Potential industries for selection can be found in the Industries and Risk Classifications Eligible for Ergonomic Rulemaking report published last November, which L&I is required to update annually in November. By the end of April, one industry will be selected for rulemaking, with the regulation set to take effect on July 1, 2026, following a mandatory 120-day period from the adoption date.
Among the retail-related risk classes on the potential selection list are Fulfillment Centers (2103), Supermarkets (6402), and Wholesale Stores (6407), which include wholesale/retail combinations. WR participated in a pre-rulemaking stakeholder meeting held on March 1 alongside other business representatives to understand the process and offer suggestions.
For further information, L&I has established an Ergonomics Rulemaking webpage and provided a Frequently Asked Questions section. The new law mandates L&I to select another industry for ergonomics rulemaking every 12 months. Businesses seeking consultation can request an Onsite Consultation.
WR members are encouraged to provide input and suggestions directly. Please contact Rose Gundersen, VP of Operations and Retail Services, at [email protected].
