WSR 24-15-119

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed July 23, 2024, 8:46 a.m.]

Subject of Possible Rule Making: Workers' compensation incentives: Preferred workers and stay at work. Chapter 296-16 WAC, Employer—Worker reemployment incentives; and chapter 296-16A WAC, Stay-at-work program.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020(1).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to implement requirements of SHB 2127, chapter 90, Laws of 2024.

Stay-at-work program: Increasing reimbursements for program participants.

Preferred worker program: Increasing employer incentives consistent with the stay-at-work program.

This rule making will also implement HB 1927 regarding reducing the number of consecutive days of time-loss required to qualify for preferred worker certification from 14 to seven days.

The department of labor and industries (L&I) is also conducting a separate rule making to amend chapter 296-19A WAC, Vocational rehabilitation, to implement 2024's SHB 2127.

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: Parties interested in this rule making may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments and/or testimony during the public hearing and comment 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 Annie Peeples, L&I, Insurance Services, Employer Services, P.O. Box 44148, Olympia, WA 98504-4148, phone 360-902-4723, fax 360-902-4988, TTY 360-902-5797, email Annie.Peeples@Lni.wa.gov.

Additional comments: For more information on L&I rule making, visit L&I's Rulemaking Activity web page at https://www.Lni.wa.gov/rulemaking-activity/.

July 23, 2024

Joel Sacks

Director