What is House Bill 1837?

House Bill 1837 (HB 1837), introduced this legislative session, would restore the Department Labor and Industries’ (L&I) ability to address work-related musculoskeletal disorders and ergonomics through rulemaking. This legislation takes a one-size-fits-all approach and poses the same issues raised by the business community in 2000 when L&I adopted rules to regulate workplace ergonomics.

At the time, the rules had applied to workplaces of all sizes and industries and focused on caution zone jobs. Caution zone jobs involved activities such as lifting, bending, squatting, kneeling, bending the head or wrist, and high hand or arm movements or vibrations. In order for employers to avoid fines, they were required to reduce or remove the amount of time employees could work in these caution zones. The resulting limitations meant that many full-time employees may have only been allowed to work three to four hours a day. For example, under these rules a dental professional leaning forward to provide dental treatment may only be allowed to do so for a short period of time each workday.

In response to these overreaching rules, in 2003, voters passed Initiative 841, which repealed the ergonomics rules and prohibited L&I from adopting similar regulations unless a federal standard is adopted. To date, the federal government has not adopted any ergonomics rules but instead provides training and assistance.

Today — when employers are grappling with workforce shortages and other effects of the pandemic — House Bill 1837, if passed, would restore L&I’s ability to adopt costly, unnecessary, and burdensome rules. These rules would further exacerbate dental workforce shortages and negatively impact access to care for our state’s patients.

Where is House Bill 1837 in the Legislative Process?

The Washington State House of Representatives recently engaged in an all-night debate that concluded with the bill narrowly passing off the floor (50-48). During the debate, two amendments were adopted. The first amendment exempts home offices from any ergonomics rules, while the second amendment updates the intent section to include that the Legislature intends for L&I to provide support and assistance to small businesses in the adoption of any ergonomics regulations. Next, the bill will head to the Senate where it will need to pass out of its policy committee by Thursday, Feb. 24.

Next Steps for House Bill 1837

WSDA would like to thank all of our members who were able to participate in the recent call-to-action opposing HB 1837. Your outreach made a difference!

We will continue to keep members updated as to whether the bill continues to move through the legislative process.