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Get ready for new jobsite rules on sanitary conditions

Get ready for new jobsite rules on sanitary conditions – On June 6, 2024, a new law goes into effect which requires construction employers to provide additional accommodations to their workers performing construction activities who menstruate or are expressing milk. At the AGC Safety Team Forum on June 6 at 10:00, there  will be a discussion on best practices to comply with the law until rulemaking is finalized, so feel free to attend.

Menstruating accommodations

  • a minimum sized bathroom, accessible on the worksite, that is equivalent to a standard sized portable chemical toilet, or access to a permanent structure with a bathroom. The bathroom must be lockable;
  • adequate time to accommodate for multiple layers of clothing while using the bathroom; and
  • an adequate and convenient supply of menstrual hygiene products available at no cost to the worker. Products must be located in all gender-neutral bathrooms or bathrooms designated for workers who menstruate or provided in kits for such workers. Employers can make kits and make them available to employees.

Expressing milk accommodations

  • flexible work scheduling, including scheduling breaks and permitting work patterns that provide time for the expression of milk;
  • a location, other than a bathroom, that is convenient and sanitary and that is private, free from intrusion and, if possible, lockable;
  • convenient hygienic refrigeration on the worksite for milk storage; and a convenient water source in a private location near the location where milk is expressed.

On multi-employer worksites, each employer is responsible for ensuring that facilities for their own workers are provided. An employer only needs to provide accommodations if they have an employee who requires accommodations.

Even though the Department of Labor and Industries has yet to adopt rules to implement this new law, it still goes into effect on June 6. This new law is in addition to current state and federal laws related to accommodations for pregnancy and expressing milk. The new law only applies to the construction industry worksites and will be under the construction safety standards.

The Dept. of Labor and Industries may not impose any monetary penalties for violations of these requirements until 30 days after the date the adopted rules are filed with the Code Reviser’s Office (CRO) or July 1, 2025, whichever date is later. When the Department’s final rules are published by the CRO, the Department, in partnership with labor organizations and the Office of Minority and Women’s Business Enterprises, must conduct educational outreach to construction employers.

For more information, or if you have questions, please reach out to AGCW’s Michele Willms or Mandi Kime.

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