Quick Hits
- On October 6, 2026, Washington DOSH proposed updates to construction PPE rules to align with federal OSHA requirements, including requiring employers to ensure PPE properly fits each affected employee.
- The proposal also includes minor clarifications and housekeeping revisions, with public hearings in November 2026, comments due November 23, 2026, and intended adoption on March 2, 2027.
DOSH’s primary purpose for this proposed rulemaking is to bring Washington’s construction PPE requirements in line with the federal construction PPE requirements, which were updated by the federal Occupational Safety and Health Administration (OSHA) and took effect January 2025.
The most significant proposed change to Washington’s existing construction PPE rule would require employers to “ensure that [the PPE] properly fits each affected employee.” Washington’s existing construction PPE rule does not include a requirement that the employer ensure that the PPE fits the affected employees. As the proposed rulemaking describes, federal OSHA similarly revised the federal construction PPE requirement in January 2025 to require employers to ensure that PPE properly fits each affected employee.
Notably, the proposed rule does not provide any definition or guidelines for what it means for PPE to “properly” fit an employee. Similarly, the federal OSHA rule upon which the proposed rulemaking is based also does not define the term “properly fits.”
There are also some smaller proposed changes to the rule, including revising the language of the rule so that it states expressly that employers are responsible for providing certain PPE. Other small “housekeeping” changes are also proposed, including formatting changes and the correction of typographical errors.
DOSH will hold two public virtual and telephonic hearings on the proposed rulemaking on November 10, 2026, and November 16, 2026, and the public is invited to submit comments on the proposed rulemaking until November 23, 2026. DOSH’s date of intended adoption for the revised rule is March 2, 2027.
Ogletree Deakins’ Seattle office and Workplace Safety and Health Practice Group will continue to monitor developments and provide updates on the Construction, Washington, and Workplace Safety and Health blogs as additional information becomes available.
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