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SSB 5869

Momentum Bucket Early Stage
Legal Title AN ACT Relating to notice requirements of identified hazards at construction worksites;
Bill Description Concerning notice requirements of identified hazards at construction worksites.
What this bill does
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This bill amends RCW 49.17.120 and changes how the director (or an authorized representative) issues and handles enforcement citations under chapter 49.17. It specifies that written citations may be issued after inspections or investigations when an employer is believed to have violated RCW 49.17.060, a director-adopted safety or health standard, or conditions of a variance. Citations must describe the violation with a reference to the statute or rule, set a reasonable abatement time, and be prominently posted where the violation occurred. The director may adopt procedures for issuing a notice in lieu of a citation for de minimis violations and must adopt rules allowing an employee representative to apply in writing to receive copies of citations and notices issued to employers they represent. The amendment limits the time to issue a citation to within six months of the compliance inspection, investigation, or survey that revealed the violation, and it preserves an employer defense when a violation was caused by unpreventable employee misconduct if the employer can demonstrate four specific elements: a thorough safety program (including work rules, training, and equipment), adequate communication of rules to employees, steps to detect and correct rule violations, and effective enforcement of the safety program in practice. For worksites classified under North American Industry Classification System 236 (construction of buildings), the department must make a good faith effort to notify the employer or owner within 10 working days when an on-site inspection immediately identifies a hazard that could cause worker injury; that notice requirement does not alter other authorities or responsibilities in the chapter. This is a procedural change to existing law governing inspections, citations, posting, notice, and an employer defense; it modifies enforcement procedures and timelines rather than creating a new crime or changing criminal penalties. The text provided does not define terms such as "director" or "department," omits rule details the director may adopt, and includes parenthetical material suggesting possible expiration or reporting provisions that are unclear from the extracted facts.
Why it matters
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If enacted, the rule changes make enforcement more predictable: inspectors can issue written citations that must explain the violation and set a deadline to fix it, but they cannot cite something found more than six months after the inspection. For construction-of-buildings sites, the department must try to notify the employer or owner within 10 working days when an inspection immediately finds a hazard, and minor “de minimis” problems can be handled by a notice instead of a citation. Employers who can show they had a thorough safety program, communicated it, monitored for violations, and enforced it in practice may avoid citations when employee misconduct caused the problem. Employee representatives will be able to apply to receive copies of citations, increasing transparency. These changes mostly affect employers and owners in building construction, who will likely need to document and maintain safety programs and posting procedures and be ready to respond quickly to citations or a safety notice within the timelines given; doing so could raise administrative and compliance costs but also provides a clearer path to avoid penalties if defenses are well-documented. The department and its director must write rules to implement the notice, posting, and application processes, which creates regulatory work and some discretionary rulemaking. The text provided leaves some details unclear, including which specific agency titles are meant, exactly how employee-application rules will be structured, and whether related expiration or reporting clauses elsewhere in the bill remain.
Official Documents View Full Bill Text
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SSB 5869 Details and Bill Topics

Details

Date Introduced 01/23/2026
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $2,498,488.00

Bill Topics

LABOR

SSB 5869 Sponsors and Committee Hearings

Sponsors

Senator Saldaña (Primary)
Senator King
Senator Nobles
Senator Orwall
Senator Valdez

Committee Hearings

Hearing Senate Labor & Commerce (Public)
Hearing Senate Labor & Commerce (Executive)
Go to SSB 5869 at leg.wa.gov

SSB 5869 Bill Timeline

Early Stage
2/25/2026
SRules X
Senate Rules "X" file.
1/25/2026
SRules X
Passed to Rules Committee for second reading.
1/22/2026
SRules X
Minority; without recommendation.
1/22/2026
SRules X
LC - Majority; 1st substitute bill be substituted, do pass.
1/11/2026
SRules X
First reading, referred to Labor & Commerce.
12/10/2025
SRules X
Prefiled for introduction.

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