WSR 24-11-022
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed May 7, 2024, 9:15 a.m.]
Subject of Possible Rule Making: Chapter 296-831 WAC, Adult entertainer safety.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 49.17 RCW; RCW 49.17.470.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making will implement the requirements of section 1 of ESSB 6105 (chapter 304, Laws of 2024) codified under RCW 49.17.470. Specifically, this rule making will address some of the following:
Requirements that an adult entertainment establishment provide certain trainings;
Requirements that an adult entertainment establishment provide accessible panic buttons, and must submit annual proof of compliance and panic button maintenance to the department of labor and industries (L&I);
Requirement that an adult entertainment establishment must have written policies and procedures for implementation of the block list and panic buttons requirements, and must make such policies, procedures, and any other related records available for inspection by L&I upon request;
Requirements for security personnel availability, task dedication, and when additional security may be needed; and
Other areas in chapter 296-831 WAC may require amendments based on this rule making.
Other requirements of ESSB 6105 related to adult entertainment establishments are enforced by L&I's fraud prevention and labor standards (FPLS) division and those requirements are being adopted under a separate, but coordinated, rule-making effort.
ESSB 6105 becomes effective January 1, 2025.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Stakeholder meetings will be held to allow those affected by the rule to provide input prior to the rule proposal being filed. Parties interested in the formulation of these rules for proposal may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments or giving oral testimony during the public hearing process.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Cynthia Ireland, Administrative Regulations Analyst, L&I, Division of Occupational Safety and Health, P.O. Box 44620, Olympia, WA 98504-4620, phone 360-791-5048, fax 360-902-5619, email Cynthia.Ireland@Lni.wa.gov, website https://www.Lni.wa.gov/rulemaking-activity/.
May 7, 2024
Joel Sacks
Director