WSR 25-18-091
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed September 2, 2025, 8:55 a.m.]
Subject of Possible Rule Making: Youth employment updates: Chapters 296-125 and 296-131 WAC; WAC 296-128-400; and a new chapter in Title 296 WAC.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Industrial Welfare Act, chapter
49.12 RCW; ESHB 1644 (chapter 173, Laws of 2025), SHB 1121 (chapter 79, Laws of 2025), and HB 1722 (chapter 98, Laws of 2025).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of labor and industries (L&I) is considering rule amendments in response to three bills that the Washington state legislature passed during the 2025 legislative session. Those bills are:
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| • | SHB 1121, chapter 79, Laws of 2025, requires L&I to allow minors enrolled in career and technical education programs to work the same number of hours during the school year as during school vacations, so long as the work is performed for an employer approved by the educational program; |
| • | ESHB 1644, chapter 173, Laws of 2025, increases safety and health requirements for minors and consequences for failures to keep minor workers safe in both agricultural and nonagricultural industries; and |
| • | HB 1722, chapter 98, Laws of 2025, requires L&I to allow minors with certain licenses to work around bloodborne pathogens. |
L&I is considering amending chapter 296-125 WAC, Nonagricultural employment of minors; and chapter 296-131 WAC, Agricultural employment standards, to implement the bills.
L&I may also consider rules to clarify existing requirements in chapters 296-125 and 296-131 WAC, which may include reorganizing, combining, renumbering, and moving existing standards as well as repealing any duplicates. L&I may consider removing outdated requirements in chapters 296-125 and 296-131 WAC and WAC 296-128-400.
Other rule-making topics L&I may consider include housekeeping and technical updates to ensure each child labor chapter describes L&I's existing child labor procedures. L&I may consider improving the alignment of child labor standards, including between state and federal nonagricultural prohibited duty standards, between child labor protections and procedures in agricultural and nonagricultural industries, and between private and public employers in nonagricultural industries.
SHB 1121 and ESHB 1644 go into effect July 1, 2026. HB 1722 went into effect July 27, 2025.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Department of Labor.
Process for Developing New Rule: Parties interested in the formulation of these rule amendments may contact the individual listed below. The public may also participate by commenting after the rule amendments are proposed by providing written comments or giving oral 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 Reed Simock, L&I, Fraud Prevention and Labor Standards, Employment Standards, P.O. Box 44510, Olympia, WA 98504-4510, phone 360-902-5310, fax 360-902-5300, email ESRules@Lni.wa.gov.
Additional comments: For more information on L&I rule making, visit the rule-making activity web page at http://www.lni.wa.gov/rulemaking-activity.
September 2, 2025
Joel Sacks
Director