Shown verbatim: the complete text as captured from the official page posted by the Washington Legislature, fetched 2026-08-29. This is the chaptered version. The official bill page.
CERTIFICATION OF ENROLLMENT SUBSTITUTE HOUSE BILL 2107 Chapter 19, Laws of 2026 69TH LEGISLATURE 2026 REGULAR SESSION CONSTRUCTION WORKSITE INSPECTIONS—HAZARDS NOTICE EFFECTIVE DATE: June 11, 2026 Passed by the House February 12, 2026 Yeas 94 Nays 0 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate February 28, 2026 Yeas 47 Nays 0 DENNY HECK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2107 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Chief Clerk Approved March 11, 2026 10:13 AM FILED March 12, 2026 BOB FERGUSON Governor of the State of Washington Secretary of State State of Washington SUBSTITUTE HOUSE BILL 2107 Passed Legislature - 2026 Regular Session State of Washington 69th Legislature 2026 Regular Session By House Labor & Workplace Standards (originally sponsored 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) READ FIRST TIME 01/27/26. AN ACT Relating to notice requirements of identified hazards at construction worksites; and amending RCW 49.17.120. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Sec. 1. RCW 49.17.120 and 2024 c 40 s 1 are each amended to read as follows: (1) If upon inspection or investigation the director or the director's authorized representative believes that an employer has violated a requirement of RCW 49.17.060, or any safety or health standard promulgated by rule adopted by the director, or the conditions of any order granting a variance pursuant to this chapter, the director shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provisions of the statute, standard, rule, regulation, or order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation. (2) The director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health. (3) Each citation, or a copy or copies thereof, issued under the authority of this section and RCW 49.17.130 shall be prominently posted, at or near each place a violation referred to in the citation occurred or as may otherwise be prescribed in regulations issued by the director. The director shall provide by rule for procedures to be followed by an employee representative upon written application to receive copies of citations and notices issued to any employer having employees who are represented by such employee representative. Such rule may prescribe the form of such application, the time for renewal of applications, and the eligibility of the applicant to receive copies of citations and notices. (4) No citation may be issued under this section or RCW 49.17.130 after the expiration of six months following a compliance inspection, investigation, or survey revealing any such violation. (5)(a) No citation may be issued under this section if there is unpreventable employee misconduct that led to the violation, but the employer must show the existence of: (i) A thorough safety program, including work rules, training, and equipment designed to prevent the violation; (ii) Adequate communication of these rules to employees; (iii) Steps to discover and correct violations of its safety rules; and (iv) Effective enforcement of its safety program as written in practice and not just in theory. (b) This subsection (5) does not eliminate or modify any other defenses that may exist to a citation. (6)(((a) )) When conducting inspections of employer worksites ((where workers are engaged in activities )) as defined by North American industry classification system ((2361, residential building ))236, construction of buildings , the department shall make a good faith effort to notify the employer or owner within 10 working days where a hazard that could cause injury to a worker was immediately identified during an on-site inspection. Such notice does not eliminate or modify any other right, responsibility, or authority provided in this chapter. (((b) The notice requirement in (a) of this subsection applies only until June 30, 2026. (c) By December 1, 2026, the department shall report to the appropriate committees of the legislature the number and percent of inspections in (a) of this subsection when timely notice was not given to the owner or employer and the reasons why the department did not or could not comply. )) Passed by the House February 12, 2026. Passed by the Senate February 28, 2026. Approved by the Governor March 11, 2026. Filed in Office of Secretary of State March 12, 2026.
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