296-36

296-155

Part Q

Compressed air (tunnels)

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 WAC, Part Q.

9/18/12

12-19-075

To be determined

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-62

296-155

Lead

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.

4/19/16

16-09-092

To be determined

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-67

Process safety management of highly hazardous chemicals for petroleum refineries

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 The current rules are outdated, not having been updated in over 20 years and do not reflect current industry practices.

8/22/17

17-17-134

To be determined

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-52

Safety standards for possession, handling, and use of explosives

The purpose of this rule making is to update the safety standards concerning explosives in order to reflect technological advancements in explosives over the past 10 to 30 years, and better align with federal regulations. Focus areas will likely include definitions, licensing, storage, background check requirements, public disclosure, and transportation, among others sections.

1/23/18

18-03-162

To be determined

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-71 (new chapter)

High-hazard facilities—Workforce (ESHB 1817)

The purpose of this proposed rule making is to create a new chapter of rules implementing the advanced safety training requirements under chapter 49.80 RCW adopted by the Washington state legislature in 2019. 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 making includes requirements for advanced safety training certification for workers, curriculum for in-person classroom and laboratory instruction, and approval of training providers.

2/18/20

20-05-073

3/22/22

22-07-086

Anticipate filing

9/6/22

Chris Miller

DOSH Standards Program

360-902-5516

296-307

Temporary worker housing (TWH)

The purpose of this rule making, in conjunction with the department of health (DOH), is to consider permanent amendments to further protect occupants in temporary worker housing and cherry harvest camps. In February 2020, Governor Inslee proclaimed a state of emergency in Washington state as a result of the coronavirus disease 2019 (COVID-19) outbreak, followed by proclamations and amendments.

DOH and L&I also responded to the COVID-19 pandemic by adopting emergency rules (CR-103E) to protect occupants from COVID-19 hazards in licensed TWH.

9/10/20

20-19-050

To be determined

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-62

Wildfire smoke

The purpose of this rule making is to develop new workplace safety and health rules regarding wildfire smoke. Some of the issues that may be addressed include: Identification of harmful exposures; communication; training and instruction; and control of harmful exposures.

10/20/20

20-21-093

Anticipate filing

February 2023

Anticipate filing

late spring 2023

Chris Miller

DOSH Standards Program

360-902-5516

To be determined

Occupational exposures to infectious or contagious diseases (ESSB 5092)

The purpose of this rule making is to implement the requirements of 2021's ESSB 5092, section 220(8), to establish occupational health protections related to infectious diseases to ensure the state has general guidelines to follow in the case of an infectious disease outbreak. This would include when there is an outbreak subject to a public health emergency under a national or state-declared state of emergency.

5/13/21

21-11-051

To be determined

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-155

Trenching rescue and excavation plan

The purpose of this rule making is to require employers to develop and implement a written excavation plan detailing appropriate risk analysis and rescue planning prior to beginning any work that requires a protective system (generally defined as any excavation four feet or deeper that is not in stable, solid rock).

6/22/21

21-13-140

To be determined

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-155

Cranes, rigging, and personnel lifting

The purpose of this rule making is to amend the safety standards for cranes and derricks in construction, due in part to the Occupational Safety and Health Administration (OSHA) updating their standards. This rule making is also intended to provide clarity on L&I's interpretation of requirements related to crane decertification and reinstatement. In addition, state-initiated amendments will also be considered to address other areas in chapter 296-155 WAC 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. Due to OSHA updating their standard, prior rule-making preproposals regarding these subjects initiated in 2018 and 2019 were withdrawn under WSR 21-14-078 and 21-14-079.

7/6/21

21-14-080

To be determined

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-62

296-307

Ambient heat exposure

The purpose of this rule making is to consider occupational heat exposure hazards from high ambient temperatures in all industries, including outdoor and indoor exposures. Requirements considered, but not limited to, include: Trigger temperatures or another measure of environmental conditions, stress to the human body such as the heat index or wet bulb globe temperature, time frames for when the rule is in effect, preventative measures (such as water, shade or other cooling means, and rest time/breaks), emergency response measures, training, and planning.

8/17/21

21-17-135

Anticipate filing

February 2023

Anticipate filing

late spring 2023

Chris Miller

DOSH Standards Program

360-902-5516

296-115

Safety requirements for charter boats

The purpose of this rule making is to better align chapter 296-115 WAC, Safety requirements for charter boats, with chapter 88.04 RCW, the Charter Boat Safety Act; chapter 49.17 RCW, the Washington Industrial Safety and Health Act; and United States Coast Guard requirements under 46 C.F.R. In addition, this rule making will address items from an audit of the charter boat program.

12/21/21

22-01-197

Anticipate filing

winter 2022

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-360

Safety and health discrimination protections (ESHB 1097)

The purpose of this rule making is to implement 2021's ESHB 1097 related to safety and health discrimination.

1/4/22

22-02-055

5/4/22

22-10-107

7/1/22

22-14-090

Chris Miller

DOSH Standards Program

360-902-5516

296-155

296-305

Reference corrections regarding fall protection

The purpose of this rule making is to correct references in fall protection rules, in order to create clarity and provide accuracy.

N/A

5/3/22

22-10-065

(CR-105)

Anticipate filing

7/19/22

Chris Miller

DOSH Standards Program

360-902-5516

296-27

296-817

Hearing loss updates

The purpose of this rule making is to align WAC 296-27-01113 with the language in OSHA's rule requiring recording hearing loss discovered under an employer's hearing conservation program, and requiring employers record every standard threshold shift identified with thresholds above the 25 dB average. This rule making will also update the images of equations in WAC 296-817-30015, which are blurry and not useful for readers.

N/A

5/4/22

22-10-106

(CR-105)

Anticipate filing

7/19/22

Chris Miller

DOSH Standards Program

360-902-5516

296-880

Unified safety standards for fall protection

The purpose of this rule making is to amend sections of the fall protection rule that address roofing activities including leading edge work, work performed on a low or flat pitch roof, and ski area facility and operations in order to make them at-least-as-effective-as OSHA, as required by the Washington state plan.

5/17/22

22-11-070

7/5/22

22-14-097

Anticipate filing

9/20/22

Chris Miller

DOSH Standards Program

360-902-5516

296-307

Part I

Worker protection standard (pesticides)

The purpose of this rule making is to clarify language and correct errors to better align the worker protection standard with the Washington state department of agriculture worker protection standard found at chapter 16-233 WAC; and to comply with and be at-least-as-effective-as the United States Environmental Protection Agency.

N/A

5/31/22

22-12-078

(CR-105)

Anticipate filing

8/23/22

Chris Miller

DOSH Standards Program

360-902-5516

296-801 (new chapter)

Protecting temporary workers (SHB 1206)

The purpose of this rule making is to create a new chapter to protect temporary workers by implementing requirements from 2021's SHB 1206 and codified as RCW 49.17.490. This law requires staffing agencies to assess the employer's safety and health practices at the workplace that the employee will be working, and includes requirements for staffing agencies and worksite employers.

N/A

6/21/22

22-13-150

(CR-105)

Anticipate filing

9/6/22

Chris Miller

DOSH Standards Program

360-902-5516

296-304

Safety standards for ship repair, shipbuilding, and ship breaking

The purpose of this rule making is to better align these rules with OSHA's personal protective equipment requirements for eye and face protection for shipyard employment found in 29 C.F.R 1915, Subpart I. This rule making may also incorporate housekeeping and formatting changes.

7/5/22

22-14-098

Anticipate filing

8/23/22

Anticipate filing 11/22/22

Chris Miller

DOSH Standards Program

360-902-5516

296-56

Longshore water operations; restrooms in ports and railyards (HB 1706)

The purpose of this rule making is to align the standard with OSHA, address items in change log, and other eRules and housekeeping items. Changes to align with HB 1706 regarding truck operators access to restrooms when operating in/on a port or railyard property. New requirements to include access to restrooms and space for lactation.

Anticipate filing

9/6/22

Anticipate filing

11/1/22

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-850

Beryllium

The purpose of this rule making is to update the standard regarding occupational exposure to beryllium, beryllium compounds, and dermal exposure issues, due to OSHA updating their standard.

N/A

Anticipate filing

fall 2022

(CR-105)

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-305

Firefighters

The purpose of this rule making is to address a petition received related to personal protective equipment used in hazardous material response. This will also include a review of the wildland firefighting chapter and urban wildland interface firefighting. There are additional change log items that need to be addressed.

Anticipate filing

fall 2022

To be determined

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-55

(new chapter)

Arborists and tree trimming

The purpose of this rule making is to create a new chapter that covers worker protections for arborists in response to numerous injuries within this industry.

Anticipate filing

December 2022

To be determined

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-900

Daily penalties for violating an order of immediate restraint (OIR) (ESHB 1097)

Rule making is anticipated to implement the provisions of 2021's ESHB 1097 related to daily penalties for violating an Order of immediate restraint, including establish[ed] inspection procedures and enforcement policies related to calculating penalties when OIRs and/or red tags are placed; and provide guidance on how to correctly calculate penalties arising from the placement of an OIR or a red tag.

To be determined

To be determined

To be determined

Chris Miller

DOSH Standards Program

360-902-5516

296-150F

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

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 1257 Energy efficiency, HB 1486 Delegation of authority, and SB 5383 Tiny homes.

7/2/19

19-14-106

To be determined

To be determined

Alicia Curry

Field Services and Public Safety

360-902-6244

296-96

Elevator rules (safety codes)

The purpose of this rule making is to consider adopting new safety codes from the 2019 edition of the American Society of Mechanic [Mechanical] Engineers (ASME) A17.1/CSA B44 - 2019, Safety Code for Elevators and Escalators, and other related codes. The 2019 edition of ASME A17.1 would replace the current 2016 code. The elevator program is also considering updates, clarification, housekeeping, and other changes to the rules. This rule making excludes the rules with fees due to a separate rule making in progress.

10/19/21

21-21-088

Anticipate filing 9/20/22

Anticipate filing 11/22/22

Alicia Curry

Field Services and Public Safety

360-902-6244

296-400A

Plumber certification rules—Phase 3

The purpose of this rule making is to consider amendments under chapter 206-400A WAC, Plumber certification rules, in order to implement the legislative changes made within 2020's Plumbing Act (chapter 153, Laws of 2020, SB 6170), updates to continuing education, training programs, and other necessary updates to all plumbing rules.

1/18/22

22-03-073

To be determined

To be determined

Alicia Curry

Field Services and Public Safety

360-902-6244

296-96

Elevator fee increase

The purpose of this rule making is to propose a 17 percent fee increase for funding of a new conveyance management system (CMS). The increase also supports other operating expenses for the elevator program. The CMS is the database used to provide permitting, inspection, and other information. Our current system is aging, failing, and no longer meets the service needs of our customers.

3/22/22

22-07-088

5/17/22

22-11-069

To be determined

Alicia Curry

Field Services and Public Safety

360-902-6244

296-150C

296-150F

296-150I

296-150M

296-150P

296-150T

296-150V

FAS fee increase

The purpose of this rule making is to propose changes to the FAS rules to increase fees by 5.86 percent and housekeeping changes. The fee increase is the maximum allowed by the state office of financial management for fiscal year 2023.

4/20/22

22-09-086

6/21/22

22-13-147

Anticipate filing 9/20/22

Alicia Curry

Field Services and Public Safety

360-902-6244

296-46B-945

Electrical rules (SSB 6126 Good cause allowance)

The purpose of this rule making is to consider changes that provide exceptions to electrician apprenticeship completion for "good cause" as allowed under RCW 19.28.195, until July 1, 2025. This rule making also considers updates and housekeeping changes to the rule. In 2018, SSB 6126 (chapter 249, Laws of 2018) implemented apprenticeship requirements for journey level electrician exam candidates. This rule making implements the new legislation.

Anticipate filing

8/2/22

To be determined

To be determined

Alicia Curry

Field Services and Public Safety

360-902-6244

296-150C 296-150F 296-150P 296-150R 296-150V

FAS: Factory-built housing and commercial structures

The purpose of this rule making is to consider adopting permanent rules for design plan reviews by licensed professional engineers, architects, or firms for commercial coaches, factory-built and commercial structures, recreational park trailers, recreational vehicles, and conversion vendor units.

Anticipate filing

8/16/22

To be determined

To be determined

Alicia Curry

Field Services and Public Safety

360-902-6244

296-200A

Contractor registration—Classification updates

The purpose of this rule making is to consider updates to the definitions for specialty contractor classifications.

To be determined

To be determined

To be determined

Alicia Curry

Field Services and Public Safety

360-902-6244

296-46B

Electrical rules (code adoption)

The purpose of this rule making is to consider changes to adopt new safety codes from the 2023 edition of the National Fire Protection Agency (NFPA) 70, the National Electrical Code (NEC), along with updates, housekeeping, and other rule changes.

To be determined

To be determined

To be determined

Alicia Curry

Field Services and Public Safety

360-902-6244

296-05

Apprenticeship rules (E2SSB 5600)

The purpose of this rule making is to update the apprenticeship rules in accordance with E2SSB 5600, which adds a sustainability assessment requirement to all new apprenticeship program applications and requires the Washington state apprenticeship and training council to establish industry sector-based platforms in eight areas.

5/3/22

22-10-067

Anticipate filing

January 2023

Anticipate filing

May 2023

Ellen Saline

Fraud Prevention and Labor Standards

360-902-4475

296-127

Prevailing wage: Repeal rules for subprevailing wage certificates (SB 5763)

The purpose of this rule making is to repeal WAC 296-127-400 through 296-127-470 to align with the prevailing wage statute. SB 5763 (chapter 55, Laws of 2022) repealed RCW 39.12.022, which allowed individuals with disabilities to be paid a prevailing wage lower than applicable prevailing wage rates set by L&I by issuing subprevailing wage certificates.

N/A

5/3/22

22-10-066

(CR-105)

Anticipate filing

7/19/22

Reasa Pearson

Prevailing Wage

360-902-5331

296-128

Transportation network companies (TNC) and drivers (ESHB 2076)

The purpose of this rule making is to implement SHB 2076 (2022 legislative session). ESHB 2076 requires L&I to conduct rule making regarding deduction and remittance reimbursements from the driver resource center to a transportation network company. Additional rules are needed to clarify the new requirements for transportation network companies and driver protections relating to minimum compensation, paid sick time, retaliation and deactivations, and administrative violations. Rules are also needed to carry out and enforce the new requirements and help L&I coordinate with the driver resource center.

5/17/22

22-11-080

Anticipate filing 9/20/22

Anticipate filing

11/22/22

Bridget Osborne

Employment Standards

360-902-5552

296-140

Clean energy: Labor standards for tax incentives

The purpose of this rule making is to implement labor standard certification requirements for clean and renewable energy tax incentives under 2022's 2SHB 1988 and ESSB 5714.

6/21/22

22-13-148

Anticipate filing 8/23/22

Anticipate filing

11/1/22

Ellen Saline

Fraud Prevention and Labor Standards

360-902-4475

296-127

Prevailing wage: Ordinary maintenance

The purpose of this rule making is to clarify the definition of "ordinary maintenance." HB 1975 amended RCW 35.82.070 relating to property management services provided to housing authority properties, which includes clearer definitions of "ordinary maintenance" specific to housing authorities.

N/A

6/21/22

22-13-152

(CR-105)

Anticipate filing

8/23/22

Reasa Pearson

Prevailing Wage

360-902-5331

296-17

296-17A

Employment covered by RCW 51.32.187 (Department of Energy (DOE) Hanford Site Contractors)

The purpose of this rule making is to allow contractors of DOE working at the Hanford site to have their contractors and subcontractors covered under the state fund.

3/3/20

20-06-060

9/22/20

20-19-132

(withdrawn)

To be determined

Jo Anne Attwood

Employer Services

360-902-4777

296-15

296-17

296-17A

Classification, reporting, and penalties amendments for 2023

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

3/1/22

22-06-078

Anticipate filing

8/2/22

Anticipate filing

10/18/22

Jo Anne Attwood

Employer Services

360-902-4777

296-17

296-17B

Industrial insurance premium rates 2023

The purpose of this rule making is to establish the premium rates and experience rating parameters for calendar year 2023.

6/21/22

22-13-146

Anticipate filing

9/20/22

Anticipate filing

11/30/22

Jo Anne Attwood

Employer Services

360-902-4777

 

Drywall rules rewrite

The purpose of this rule making is to rewrite the drywall rules for clarity and ease of administration for our customers.

To be determined

To be determined

To be determined

Jo Anne Attwood

Employer Services

360-902-4777

296-23

Independent medical examinations (IMEs)

(ESSB 6440)

The purpose of this rule making is to create new rules required by ESSB 6440 to address how to accommodate an injured worker if no approved IME in the specialty needed is available in a reasonably convenient location, as well as how telemedicine IMEs may be used.

10/6/20

20-20-111

To be determined

To be determined

Kristen Baldwin-Boe

Health Services Analysis

360-902-6815

296-20

296-23

Medical aid rules—Conversion factors

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

Anticipate filing

December 2022

Anticipate filing

February 2023

Anticipate filing

May 2023

Megan Lemon

360-902-5161

Bob Mayer

Health Services Analysis

360-902-5021

296-14

Occupational disease presumption (SSB 6214, HB 1913)

The purpose of this rule making is to amend existing rules to align with RCW 51.32.185 and clarify presumptive occupational disease coverage for certain firefighters, law enforcement officers, and emergency medical technicians covered under workers' compensation. The rule making implements legislation passed during the 2018 and 2019 sessions, chapter 264, Laws of 2018, SSB 6214; and chapter 133, Laws of 2019, HB 1913, which updated to RCW 51.32.185 regarding an occupational disease presumption.

11/19/19

19-23-081

Anticipate filing

7/19/22

Anticipate filing 10/4/22

Jordan Ely

Legal Services

360-902-4616

296-21

Master's level therapists (MLTs) pilot

The purpose of this pilot rule making is to allow 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 began on January 1, 2020, and the exceptions granted are effective throughout a four-year pilot period or as otherwise specified.

12/3/19

19-24-087

To be determined

To be determined

Suzy Campbell

Legal Services

360-902-5003

296-14

Verification for presumptive coverage of frontline employees and health care workers (ESSB 5115 and ESSB 5190)

The purpose of this rule making is to implement ESSB 5115 and 5190 (2021 legislative session), which created a new presumption for frontline and health care workers that any infectious or contagious diseases which are the subject of a public health emergency are occupational diseases during a health emergency. RCW 51.32.181 and 51.32.390 explain that frontline and health care workers must provide verification that they contracted the infectious or contagious disease that is the subject of the public health emergency. A new rule is needed in order to define "verification" and any associated processes the workers must follow in order to prove contraction of the infectious or contagious disease.

6/21/22

22-13-149

Anticipate filing

9/20/22

To be determined

Jordan Ely

Legal Services

360-902-4616

296-14

Presumptive PTSD coverage (SSB 6214 and SHB 2758)

The purpose of this rule making is to explain clearly when a presumption exists for the groups identified in both SSB 6214 and SHB 2758, and when a presumption does not exist what must occur to meet the definition of occupational disease. SSB 6214 also requires L&I to adopt rules implementing this distinction.

Anticipate filing

7/19/22

Anticipate filing 11/22/22

To be determined

Jordan Ely

Legal Services

360-902-4616

296-14

Pension discount rate 2023

The purpose of this rule making is to lower the pension discount rate (PDR) to better align with the rate of return for long-term treasuries for self-insured pensions. The PDR is the interest rate used to account for the time value of money when evaluating the present value of future pension payments.

Anticipate filing

8/2/22

Anticipate filing

11/22/22

To be determined

Suzy Campbell

Legal Services

360-902-5003

296-20

Reopenings (SHB 1902)

SHB 1902 (2022) expands the time period L&I or the self-insured employer can retroactively pay time-loss and treatment benefits on reopened claims if specific exceptions are met. A rule is needed to clarify when and how L&I or the self-insured employer can pay these benefits beyond 60 days prior to the receipt of the application, up to 120 days.

Anticipate filing

8/23/22

Anticipate filing

12/6/22

To be determined

Suzy Campbell

Legal Services

360-902-5003

296-20

Osteopathic physician assistants

The purpose of this rule making is to make language on physician assistants in the medical aid rules consistent with language in SHB 2378 (chapter 80, Laws of 2020). This bill amends some sections in DOH Title 18 RCW by deleting references to "osteopathic physician assistants" and repealing chapter 18.57A RCW, Osteopathic physician assistants. Effective July 1, 2022, all physician assistants will be regulated under chapter 18.71A RCW, Physician assistants.

N/A

To be determined

(CR-105)

To be determined

Jami Lifka

Office of the Medical Director

Jami.Lifka@

Lni.wa.gov

296-17B

Retrospective rating for workers' compensation insurance

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.

11/5/13

13-22-071

To be determined

To be determined

Rachelle Bohler

Retrospective Rating

360-902-5967

296-17B

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

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

8/5/15

15-16-132

To be determined

To be determined

Rachelle Bohler

Retrospective Rating

360-902-5967

296-17

296-17B

Retrospective rating insurance tables update

The purpose of this rule making is to consider updating the retrospective rating insurance tables. When WAC 296-17B-010 was updated in 2017, L&I made a commitment to "repeat the studies that resulted in the hazard group assignments and changes to retrospective plan tables that are shown in WAC 296-17-901, 296-17B-300, 296-17B-560, 296-17B-830, and 296-17B-910 through 296-17B-990. The repeated studies will determine whether the results are consistent with the expectation of improved fairness in the distribution of the retrospective rating refunds among participants. These repeated studies will be done by April 1, 2020. The department will evaluate and if necessary update the tables beginning at WAC 296-17B-910 every five (5) years." (WSR 17-12-020).

4/20/22

22-09-085

Anticipate filing 10/4/22

Anticipate filing

May 2023

Jessica Nau

Retrospective Rating

360-902-5694