Wash. Rev. Code » Title 49 · Chapter 49.17

Wash. Rev. Code § 49.17.040

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The director shall make, adopt, modify, and repeal rules and regulations governing safety and health standards for conditions of employment as authorized by this chapter after a public hearing in conformance with the administrative procedure act and the provisions of this chapter. At least thirty days prior to such public hearing, the director shall cause public notice of such hearing to be made in newspapers of general circulation in this state, of the date, time, and place of such public hearing, along with a general description of the subject matter of the proposed rules and information as to where copies of any rules and regulations proposed for adoption may be obtained and with a solicitation for recommendations in writing or suggestions for inclusion or changes in such rules to be submitted not later than five days prior to such public hearing. Any preexisting rules adopted by the department of labor and industries relating to health and safety standards in workplaces subject to the jurisdiction of the department shall remain effective insofar as such rules are not inconsistent with the provisions of this chapter.
[ 1973 c 80 s 4.]
Notes of Decisions
Cited in 21 cases (7 in the last 5 years), 1988–2026 · leading case: Slidewaters LLC v. Washington State Dep't
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Slidewaters LLC v. Washington State Dep't (2021) ca9 · cites it 2× “” Wash. Rev. Code § 49.17.040 (2021); see also Wash.”
J.E. Dunn Northwest, Inc. v. Department of Labor & Industries (2007) washctapp · cites it 2× “RCW 49.17.040. An agency “rule” is defined by the APA, in part, as an *52 agency order, directive, or regulation of general applicability .”
Adkins v. ALUMINUM COMPANY OF AM. (1988) wash · cites it 2× “[36] See RCW 49.17.040; RCW 49.17.050 (setting forth authority).”
National Electrical Contractors Ass'n v. Riveland (1999) wash “RCW 49.17.040 - .100. Nowhere in the language of WISHA, its legislative history, or in the statutory declaration of purpose and policy in the act itself is there the slightest hint the Legislature intended WISHA to create a private right of action for employees against employers…”
State v. Numrich (2021) wash “In addition to providing criminal penalties for safety violations resulting in death, WISHA provides numerous regulations and restrictions, see RCW 49.17.040 (providing authority to promulgate safety and health standards, and many exclusive provisions for their enforcement), .”
Erection Co. v. Department of Labor & Industries (2011) washctapp “17 RCW, “to assure, insofar as may reasonably be possible, safe and healthful working conditions for every man and woman working in the state of Washington.”
Pilchuck Contractors, Inc. v. Department of Labor & Industries (2012) washctapp “RCW 49.17.040. Express Constr. Co. v. Dep’t of Labor & Indus.”
Degroot v. Berkley Construction, Inc. (1996) washctapp “We agree with the trial court that the subcontract’s safety provision was relevant to Berkley/Sabey’s defense, showing one of many steps the general contractors had taken to use reasonable care and to comply with the WISHA safety regulations.”
JE Dunn Northwest, Inc. v. DEPT. OF LABOR & INDUSTRIES (2007) washctapp · cites it 2× “RCW 49.17.040. An agency "rule" is defined by the APA, in part, as an agency order, directive, or regulation of general applicability .”
NATIONAL ELEC. CONTRACTORS v. Riveland (1999) wash “RCW 49.17.040—.100. Nowhere in the language of WISHA, its legislative history, or in the statutory declaration of purpose and policy in the act itself is there the slightest hint the Legislature intended WISHA to create a private right of action for employees against employers…”
Waste Connections of Washington, Inc. v. Washington Dep't of Labor & Indus. (2018) washctapp “See RCW 49.17.040. Pursuant to this authority, the Department enacted WAC 296-900-17005, which explains how an employer or employee wishing to appeal a workplace-safety citation notifies the Department.”
Erection Co. v. DEPT. OF LABOR & INDUSTRIES (2011) washctapp “ANALYSIS ¶ 10 The legislature enacted the Washington Industrial Safety and Health Act of 1973 (WISHA) "to assure, insofar as may *1089 reasonably be possible, safe and healthful working conditions for every man and woman working in the state of Washington.”
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