296-30

296-31

296-33

Crime victims compensation (CVC)

Maty Brimmer

Crime Victims

360-902-6707

Linda Messick

Crime Victims

360-902-5374

TBD

TBD

TBD

This rule making pertains to the administration of the CVC program, mental health treatment rules and fees, and attendant services. This rule making will consider adopting some rules from chapters 296-14, 296-20, 296-21, 296-23, 296-23A, and 296-23B WAC.

296-36

296-155

Part Q

Compressed air (tunnels)

Chris Miller

DOSH Standards Program

360-902-5516

9/18/12

TBD

TBD

This rule making is in response to petitions and other requests from labor and business industry stakeholders to update the compressed air work requirements in chapters 296-36 and 296-155 Part Q WAC.

296-62

296-155

Lead

Chris Miller

DOSH Standards Program

360-902-5516

4/19/16

TBD

TBD

This rule making is in response to a petition and a series of stakeholder meetings. This rule making was initiated to update existing lead standards in both general industry and construction in light of increasing evidence of the hazards associated with occupational lead exposure. 

296-307

(removing

296-45)

eRules reformatting,

Phase X

Chris Miller

DOSH Standards Program

360-902-5516

1/3/17

2/18/20

TBD

This rule making is the tenth filing package to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access. Note that amendments to chapter 296-45 WAC were addressed in separate rule making adopted on June 18, 2019, under WSR 19-13-083. The specific parts of chapter 296-307 WAC expected to be included in the rule proposal are: Parts B through H, J through N, and P through Y-10. eRule changes to other parts of chapter 296-307 WAC will be addressed in other rule-making projects.

296-67

Process safety management of highly hazardous chemicals (PSM) for petroleum refineries

Chris Miller

DOSH Standards Program

360-902-5516

8/22/17

5/19/20

TBD

The purpose of this rule making is to amend existing sections and create several new sections in chapter 296-67 WAC, Safety standards for process safety management of highly hazardous chemicals, which will only apply to petrochemical refining facilities. The current rules are outdated, not having been updated in over twenty years and do not reflect current industry practices.

296-65

Safety standards for asbestos removal and encapsulation

Chris Miller

DOSH Standards Program

360-902-5516

1/2/18

9/17/19

1/21/20

This rule making was initiated due to the confusing and unnecessary language of the chapter, to be more consistent with Environmental Pollution Agency model accreditation plan, and to add clarification where necessary. The initiated changes propose to remove confusing and unnecessary language as well as add clarification where necessary throughout the rule and update requirements. These changes include and are not limited to certification and testing requirements, when refresher training is required, when temporary certificates can be issued, and reducing advance notification requirements.

296-52

Safety standards for possession, handling, and use of explosives

Chris Miller

DOSH Standards Program

360-902-5516

1/23/18

TBD

TBD

In order to reflect technological advancements in explosives over the past ten to thirty years, and better align with federal regulations, L&I is updating the safety standards for possession, handling, and use of explosives. Focus areas will likely include definitions, licensing, storage, background check requirements, public disclosure, and transportation, among other sections.

296-155

Crane incident reporting requirement

Chris Miller

DOSH Standards Program

360-902-5516

3/20/18

TBD

TBD

The purpose of this rule making is to provide clarity on L&I's interpretation of requirements relating to crane decertification and reinstatement. This rule making intends to address what activities are covered, and will clearly state that damage to critical parts of the crane would require notification, rather than just implying it. This rule making will include additional housekeeping changes as well.

296-155

Part S

Demolition standards

Chris Miller

DOSH Standards Program

360-902-5516

7/5/18

Spring 2020

TBD

The purpose of this rule making is to update the requirements regarding demolition standards. This rule making will remove confusing and unnecessary language, as well as add clarification where necessary throughout the rule to improve safety. Other updates and housekeeping changes may also be made throughout the chapter.

296-24

296-876

Walking working surfaces

Chris Miller

DOSH Standards Program

360-902-5516

2/19/19

12/17/19

3/31/20

The purpose of this rule making is to amend the standards regarding walking working surfaces to be at least as effective as the Federal Occupational Safety and Health Administration (OSHA), as required by the Washington state plan. In November of 2016, OSHA issued a final rule updating its general industry walking-working surfaces standards. The proposed amendments incorporate federal provisions in 29 C.F.R. 1910.21 through 1910.30. In addition, based on stakeholder input, DOSH proposed several housekeeping changes and clarifications.

296-880 (new)

296-24

296-45

296-56

296-59

296-78

296-79

296-155

296-301

296-304

296-307

(Part O)

296-800

296-863

296-870

296-874

296-878

(removed

296-32,

296-869,

296-876)

Unified fall protection

Chris Miller

DOSH Standards Program

360-902-5516

2/19/19

12/17/19

3/31/20

The purpose of this proposal is to revise the L&I's standards regarding fall protection requirements and references and incorporate them into a new chapter, chapter 296-880 WAC, Unified safety standards for fall protection. In June of 2013 and October of 2015, DOSH received notification from OSHA relating to L&I's fall protection standards. The latest notification advised L&I to amend the fall protection rules in chapter 296-155 WAC in order for them to be at-least-as-effective-as those administered by OSHA, as required by the Washington state plan. In creating the unified fall protection rule, some existing requirements were changed to ensure alignment and consistency, and references to the existing requirements are updated.

296-155

Part O

Safety standards for reinforcing steel and post-tensioning activities

Chris Miller

DOSH Standards Program

360-902-5516

3/5/19

12/3/19

3/17/20

This rule making is in response to a petition received to adopt the 2018 American National Standards Institute (ANSI) A10.9 (2013 and reaffirmed in 2018) standard when addressing hazards related to reinforcing steel and post-tensioning work. L&I is proposing to amend relevant parts of chapter 296-155 WAC, Part O, to reduce employee exposure to falls, struck by things, and impalement hazards associated with collapse of formwork. The proposal includes clarifying language, new definitions, explanatory notes, and other changes needed to bring current safety standards up-to-date and easy to follow for the regulated community. 

296-32

eRules reformatting,

Phase XI

Chris Miller

DOSH Standards Program

360-902-5516

8/6/19

2/18/20

TBD

This rule making is the eleventh filing package to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.

296-304

296-800

296-806

296-811

296-824

296-835

296-863

Change log Phase 5

Chris Miller

DOSH Standards Program

360-902-5516

10/22/19

(CR-105 Expedited)

N/A

1/21/20

The purpose of this rule making is to consider amendments to correct outstanding housekeeping issues, such as correcting typos and updating old references, which are on the DOSH change log.

296-800

Adult entertainer safety

Chris Miller

DOSH Standards Program

360-902-5516

11/5/19

TBD

TBD

The purpose of this rule making is to implement the requirements of EHB 1756 (chapter 304, Laws of 2019) codified under RCW 49.17.470, for adult entertainer safety in the accident prevention plan and other measures.

296-155

Part L

Cranes, rigging, and personnel lifting

Chris Miller

DOSH Standards Program

360-902-5516

11/19/19

TBD

TBD

This rule making in response to OSHA updating their standards for crane operator licensing/certification requirements and establishing minimum requirements for determining operator competency. Additionally, state-initiated amendments will also be proposed to address other areas in rule relating to cranes that either need to be updated based on current industry practice or clarifying some of the language to maintain safety and health protections for employees.

296-67

High hazard facilities (skilled and trained workforce)

Chris Miller

DOSH Standards Program

360-902-5516

2/18/20

TBD

TBD

The purpose of this rule making is to implement 2019's ESHB 1817/chapter 49.80 RCW, high hazard facility workforce. Chapter 49.80 RCW requires owners of petroleum refining or petrochemical manufacturing facilities use a skilled and trained workforce when contracting for construction, alteration, demolition, installation, repair, or maintenance work. This rule will address the advanced safety-training curriculum and training provider approval requirements.

296-307

Parts I and O

Worker protection standard (pesticides) administrative changes (Part I); and eRules for both parts

Chris Miller

DOSH Standards Program

360-902-5516

Spring 2020

TBD

TBD

This rule making is to amend Part I; and, to reformat both parts as part of the eRules initiative resulting in rules' easier use, clearer understanding, and greater stakeholder access.

296-840

296-307

Respirable crystalline silica (agriculture)

Chris Miller

DOSH Standards Program

360-902-5516

TBD

TBD

TBD

The purpose of this rule making is to clarify the application of the respirable crystalline silica rules in agriculture.

269-307

Part Y

Precommercial thinning

Chris Miller

DOSH Standards Program

360-902-5516

TBD

TBD

TBD

The rule making is to consider establishing minimum safety standards for precommercial thinning in agriculture.

296-150F

Factory assembled structures (FAS): Factory-built housing and commercial structures

Alicia Curry

Field Services and

Public Safety

360-902-6244

7/2/19

3/17/20

5/19/20

The purpose of this rule making is to update the rules regarding factory-built housing and commercial structures, to include panelized construction. This rule making will include intent to make the rules related to E2SHB [E3SHB] 1257 - Energy efficiency, HB 1486 - Delegation of authority, and SB [ESSB] 5383 - Tiny homes. 

296-150I

296-150M

FAS: Manufactured homes and manufactured home installer training and certification program

Alicia Curry

Field Services and

Public Safety

360-902-6244

8/20/19

3/31/20

6/30/20

The purpose of this rule making is to update existing rules to comply with United States Department of Housing and Urban Development (HUD) regulations. In 2017, HUD reviewed FAS rules and standards for manufactured housing installations to ensure the program's compliance with HUD regulations. This rule making addresses HUD's findings that require revisions to L&I's rules. Additionally, the program is reviewed all rules in chapter 296-150I WAC for updates, clarity, and housekeeping changes.

296-104

Boiler fee increase

Alicia Curry

Field Services and

Public Safety

360-902-6244

10/1/19

1/2/20

3/3/20

The purpose of this rule making is to update and clarify existing rules and increase fees by 5.08 percent for fiscal year 2020. This is the office of financial management's (OFM) maximum allowable fiscal growth rate for fiscal year 2020. A fee increase is necessary to cover the program's operating expenses for inspections and other program public safety activities.

296-46B

Electrical rules

Alicia Curry

Field Services and

Public Safety

360-902-6244

10/1/19

2/18/20

5/19/20

The purpose of this rule making is to consider changes to the electrical rules that would adopt new safety codes from the 2020 edition of the National Electrical Code (NEC). L&I is also considering updating, clarifying, and making housekeeping changes to the rules. 

296-150C

296-150F

296-150M

296-150P

296-150R

296-150T

296-150V

FAS fee increase

Alicia Curry

Field Services and

Public Safety

360-902-6244

10/22/19

12/17/19

2/4/20

The purpose of this rule making is to implement a fee increase of 5.08 percent to support operating expenses for inspections and other public safety activities for FAS program. This is OFM's maximum allowable fiscal growth rate for fiscal year 2020.

296-96

Elevator rules

Alicia Curry

Field Services and

Public Safety

360-902-6244

10/22/19

TBD

TBD

The purpose of this rule making is to consider changes to the elevator rules. L&I's elevator program is reviewing specific sections of the elevator rules to update and clarify existing rules, make reference corrections, perform general housekeeping, and consider other rule changes.

296-403A

Electrical rules (amusement rides or structures)

Alicia Curry

Field Services and

Public Safety

360-902-6244

TBD

TBD

TBD

The purpose of this rule making is to consider changes to the electrical rules for amusement rides or structures. L&I plans to perform a review of the rules to update and clarify existing rules, and make housekeeping changes.

296-127

Prevailing wage landscape maintenance workers

Beverly Clark

Fraud Prevention and

Labor Standards

360-902-6272

3/8/19

1/2/20

2/28/20

The purpose of this rule making is to amend chapter 296-127 WAC, Prevailing wage, to provide a new scope of work specific to landscape maintenance that is separate and unique from landscape construction. L&I adopted the new scope through emergency rules on March 8, 2019, effective March 11, 2019. Emergency rule making was filed again on July 5, 2019, and again on November 1, 2019.

296-05

Apprenticeship rules

Beverly Clark

Fraud Prevention and

Labor Standards

360-902-6272

7/23/19

12/3/19

3/3/20

The purpose of this rule making is to reduce redundancy, add clarity, and reorganize the apprenticeship rules for ease of use by regulated parties. This rule making will incorporate federally required changes to rules for equal opportunity in apprenticeship, address changes required by HB 1849 concerning use of registered apprentices on qualifying public works construction projects (apprentice utilization requirements), and make technical corrections arising from rule making in 2018.

296-140 (new)

Clean energy labor standards certification

Beverly Clark

Fraud Prevention and

Labor Standards

360-902-6272

11/27/19

TBD

TBD

The Clean Energy Transformation Act (E2SSB 5116) of 2019 requires L&I adopt permanent rules related to labor standard certification for certain tax exemptions for alternative energy projects. The purpose of this rule making is to define and set minimum requirements for all labor standards associated with the certification for tax remittance; set requirements for all good faith efforts; and set other requirements for documentation and the certification process. 

L&I filed emergency rules on November 27, 2019, which became effective on January 1, 2020.

296-128

Executive administrative professional (EAP) exemptions

Ellen Saline

Fraud Prevention and

Labor Standards

360-902-4597

2/4/20

(CR-105 Expedited)

N/A

April 2020

The purpose of this expedited rule making is to update the Washington Minimum Wage Act (MWA) exemptions for executive, administrative, professional, and outside salespersons. This rule making will correct two errors in the language adopted under WSR 20-01-063 on December 10, 2019, and will become effective on the same date, July 1, 2020.

296-17

296-17A

Classification and reporting amendments 2021

Jo Anne Attwood Employer Services

360-902-4777

3/3/20

7/21/20

10/6/20

The purpose of this rule making is to implement clear rule writing to ensure L&I staff and customers can easily understand and apply the workers' compensation insurance classifications and reporting rules. Classification development studied some subclassifications for potential reduction in number, and reviewed reporting rules for improvement.

296-17

296-17B

Industrial insurance premium rates 2021

Jo Anne Attwood

Employer Services

360-902-4777

6/16/20

9/22/20

November 2020

This rule making establishes the premium rates and experience rating parameters for calendar year 2021.

296-20

296-23

Medical aid rules update

Emily Stinson

Health Services Analysis

360-902-5974

12/18/18

2/18/20

5/5/20

The purpose of this rule making is to update payment rates for health care services, which are published annually in the medical aid rules and fee schedules.

296-23A

Medical aid rules/outpatient hospitals

Dee Hahn

Health Services Analysis

360-902-2868

2/18/20

4/21/20

TBD

The purpose of this rule making is to consider amending two rules that L&I determined are in conflict with each other because the underlying federal regulations (per Centers for Medicare and Medicaid Services) changed January 1, 2017 (creating the conflict).

296-14

Presumptive PTSD coverage (SB 6214)

Suzy Campbell

Legal Services

360-902-5003

8/21/18

TBD

TBD

The purpose of this rule making is to update existing rules and create new rules needed to implement SB 6214, allowing industrial insurance coverage for posttraumatic stress disorders of law enforcement, firefighters and emergency medical technicians.

296-14

Pension discount rate 2020

Suzy Campbell

Legal Services

360-902-5003

8/20/19

10/22/19

1/2/20

The purpose of this rule making is to reduce the current pension discount rate for 2020. The pension discount rate is the interest rate used to account for the time value of money when evaluating the present value of future pension payments.

296-14

Occupational disease presumption

Jordan Ely

Legal Services

360-902-4616

11/19/19

3/31/20

6/30/20

The purpose of this rule making is to amend existing rules that conflict with RCW 51.32.185, and clarify presumptive coverage for certain firefighters, law enforcement officers, and emergency medical technicians covered under workers' compensation. Legislation passed during the 2019 and 2018 sessions (chapter 133, Laws of 2019, HB 1913; and chapter 264, Laws of 2018, SSB 6214) resulted in updates to RCW 51.32.185.

296-21

Master's level therapists pilot

Suzy Campbell

Legal Services

360-902-5003

12/3/19

TBD

TBD

The purpose of this pilot rule making is to allow master's level therapists (MLTs) to treat injured workers. L&I decided to initiate a pilot to help determine how MLTs can best be incorporated into the workers' compensation setting. Under this pilot, these current provisions related to treatment by MLTs are waived for pilot participants only. The pilot will begin on January 1, 2020, and the exceptions granted are effective throughout a four-year pilot period or as otherwise specified.

296-17B

Retrospective rating

Julie Osterberg

Retrospective Rating

360-902-5819

11/5/13

TBD

TBD

This rule making will address extending requirements for businesses that enroll in individual retro plans and revise enrollment requirements for businesses under common majority ownership.

296-17B

Retrospective rating for workers' compensation insurance—Common ownership (pilot)

Julie Osterberg

Retrospective Rating

360-902-5819

8/5/15

TBD

TBD

This pilot rule making will consider/allow exceptions to the retroactive rating program's current common ownership rule (WAC 296-17B-770) as written.