WSR 10-11-121




[ Filed May 19, 2010, 9:54 a.m. ]

Subject of Possible Rule Making: Chapter 296-126 WAC, Standards of labor for the protection of the safety, health and welfare of employees for all occupations subject to chapter 49.12 RCW.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 49.12 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rule making is to clarify the meal and rest break rules as a result of current law such as Wingert v. Yellow Freight, 146 Wn.2d 841 (2002) and Alvarez v. IBP, 339 F.3d 894 (9th Cir. 2003). The rule making is to potentially address the department's interpretation and enforcement position on various aspects of the regulation, most of which are covered in the current policy, ES.C.6, as well as to address concerns expressed by employers and employees, including concerns regarding intermittent breaks. Rule making is needed so that employees and employers understand their rights and duties, respectively, for meal and rest periods.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Parties interested in these rules may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments and/or testimony during the public hearing and comment process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Sally Elliott, Department of Labor and Industries, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-6411, fax (360) 902-5292, e-mail

May 19, 2010

Judy Schurke


Washington State Code Reviser's Office