RCW 49.97.050: Notice of federal inspection. (Effective October 1, 2026.)

(1) Within five business days of receiving notification from a federal agency of any inspection of I-9 forms and any related worker records, an employer shall provide a written notice to each worker and the worker's authorized representative, if any.

(2) The notice under this section must include:

(a) A copy of the notice of inspection from the federal agency; and

(b) The following information in English and the five most commonly used non-English languages in the state:

(i) The name of the federal agency which will be conducting the inspection;

(ii) The date that the employer received notice of the inspection;

(iii) The types of records sought and the other identified purposes of the inspection to the extent known by the employer; and

(iv) Contact information for a statewide organization that provides information and advocacy related to immigrant and refugee rights, which must be identified and approved by the attorney general for purposes of this requirement.

(3) An employer may use the model notice under RCW 49.97.030(1)(b) for purposes of subsection (2) of this section. If an employer uses the model notice in accordance with the instructions provided by the attorney general, then the employer has satisfied the requirements of subsection (2) of this section for purposes of any action under RCW 49.97.090 or 49.97.100.

(4) The employer shall provide the notice required under this section by:

(a) Posting and maintaining the posting through the completion of the inspection in conspicuous places on the premises of the employer where notices to workers are customarily posted; and

(b) Transmitting the notice directly to workers using the primary method of communication typically used by the employer, which must include at least one of the following: Hand delivery to the worker; mail with proof of delivery; email with proof of transmission; or text message sent telephonically, which may include a link to a notice maintained on a web page, with proof of transmission. Acceptable forms of proof of transmission or delivery, which are rebuttable include, but are not limited to: Mail with proof of sending; dated electronic transmission; posting with time-stamped photographs; or other reasonable records maintained in the ordinary course of business to demonstrate notice to workers of employment related matters.