Rulemaking is underway by the Washington Department of Labor and Industries (L&I) to implement legislation (2SHB 1762) passed in 2023 aimed at safeguarding warehouse workers from injuries and employer retaliation associated with quota usage. This legislation grants L&I the authority to enforce new reporting, anti-retaliation, and safety measures for certain warehouse operations employing quotas to gauge performance.
WR provided feedback and testified on initial “pre-proposal” rules in December. The feedback commended L&I for aligning with the legislative intent in the pre-proposal and suggested a technical modification to clarify metrics for determining employee numbers.
In March, L&I issued the first draft of rules to:
Clarify definitions;
- Quota time periods and reasonable travel time requirements from 2SHB 1762;
- Clarify the method used for measuring employer size to help accurately determine whether an employer is covered by the rules;
- Clarify violations of WISHA related to quotas;
- Provide a table of examples of activities and how a violation of chapter 49.84 RCW could contribute to a violation of the safety standards;
- Identify enforcement procedures: employee protection from adverse action and retaliation; and
- Clarify employer recordkeeping requirements
WR will review draft rules and submit comments by the April 22nd deadline. Upon initial assessment, the draft rules incorporate changes suggested by WR in December and remain closely aligned with the legislative intent and language of 2SHB 1762.
