WSR 20-23-086
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed November 17, 2020, 1:50 p.m.]
Subject of Possible Rule Making: Self-insurance financial rules, chapter 296-15 WAC, Workers' compensation self-insurance rules and regulations.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.14.010 through 51.14.095.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to update the rules for the financial qualification and maintenance of self-insurance certification, so that these rules are consistent with modern business practices. Existing rules will be amended, and new sections may be added.
Existing rules are dated and out of alignment with industry best practices.
The key objectives of the rule-making effort are to:
Ensure self-insured employers can accurately and timely provide workers' compensation benefits to their workers;
Protect and safeguard the insolvency trust fund;
Promote transparency for the department of labor and industries (L&I) actions when a firm is placed on financial watch;
Make the rules relevant to current financial conditions and business models; and
Create efficient and adaptable standards for employers' overall financial management.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state, local, or federal agency regulates this subject.
Process for Developing New Rule: L&I is working collaboratively with representatives from the self-insured employer and labor communities throughout this rule-making process. A public hearing will be held after the proposal is filed.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Brian Schmidlkofer, 310 Israel Road S.E., Tumwater, WA 98501, phone 360-902-6839, fax 360-902-6900, email Brian.Schmidlkofer@Lni.wa.gov, website www.Lni.wa.gov, https://Lni.wa.gov/insurance/self-insurance/about-self-insurance/.
November 17, 2020
Joel Sacks
Director