1. (1) The terminal operator is responsible for meeting the requirements regarding access to restrooms and dedicated space for lactation set forth in RCW 70.54.480.

2. (2) A terminal operator must provide a sufficient number of restrooms for use by drayage truck operators in areas of the terminal that drayage truck operators typically have access to, to include inside the gate and off-site truck queuing lots. Restrooms may include fixed bathrooms with flush toilets or portable chemical toilets.

   1. (a) A terminal operator is deemed in compliance with this section if the terminal operator:

      1. (i) Allows drayage truck operators access to existing restrooms while the drayage truck operators are on port property in areas of the terminal that drayage truck operators typically have access to and when access does not pose an obvious safety risk to the drayage truck operators and other workers in the area and does not violate federal terminal security requirements;
      2. (ii) When necessary, provides additional restrooms at locations where there is the most need. To determine need, the terminal operator must assess the use and accessibility of existing restrooms and conduct a survey of drayage truck operators. Use of scheduled deliveries and/or pick-ups over a period of time may be used to calculate restroom need (prospective or historical data); contacting the chemical toilet vendor; or, surveying drayage truck operators directly. Please reach out to the department of health for guidance regarding completing the survey. If surveyed, the completed survey must be available upon request to the departments of health and labor and industries representative; and
      3. (iii) Has a policy that allows drayage truck operators to leave their vehicles at reasonable times and locations for purposes of accessing restrooms. The policy must be available upon request to the departments of health and labor and industries representative.
   2. (b) Restrooms for drayage truck operators must be located in areas where access would not pose an obvious health or safety risk to the drayage truck operators or other workers in the area.

3. (3) The terminal operator must also provide at least one private space suitable for and dedicated to expressing breast milk. Dedicated space for expressing breast milk for drayage truck operators must be located in areas where access would not pose an obvious health or safety risk to the drayage truck operators or other workers in the area.

   A terminal operator is deemed in compliance with this section if the terminal operator meets the requirements of this subsection.

4. (4) (a) The departments of health and labor and industries have jurisdiction to enforce this section.
5. (b) The department of health may issue a warning letter to the port terminal operator for a first violation of this section, informing the port terminal operator of the requirements of this section. A port terminal operator that violates this section after receiving a warning letter is guilty of a class 2 civil infraction under chapter 7.80 RCW. The department of health may make a referral to the department of labor and industries for enforcement. The department of labor and industries will investigate under chapter 49.17 RCW.
6. (c) Failure of a terminal operator to comply with this section is a violation of chapter 49.17 RCW.
7. (d) The departments may not take duplicate enforcement actions against an individual or business for violations arising from the same conduct.

8. (5) For the purposes of this section, the following definitions apply:

   1. (a) Dedicated space. This may include a portable chemical toilet, restroom, or portion of a restroom that has been redesigned to include an enclosed space and no longer functions as a restroom.
   2. (b) Drayage truck operator. The driver of any in-use on-road vehicle with a gross vehicle weight rating greater than 33,000 pounds operating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloading, or transporting cargo, including containerized, bulk, or break-bulk goods.
   3. (c) Suitable space. A space that is clean, sanitary, and free from view and intrusion.
   4. (d) Terminal operator. The business entity operating a marine terminal for loading and unloading cargo to and from marine vessels. It includes the port if the port is directly operating, managing, or leasing the marine terminal in loading and unloading cargo to and from marine vessels.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 70.54.480, and chapter 49.17 RCW. WSR 26-07-053, s 296-56-60230, filed 3/17/26, effective 4/20/26.]