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

Ryan Allen

DOSH

Standards Program

360-902-4758

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 other sections.

1/23/18

18-03-162

To be determined

To be determined

Ryan Allen

DOSH

Standards Program

360-902-4758

To be determined

Occupational exposures to infectious or contagious diseases

(2021's ESSB 5092 implementation)

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

Ryan Allen

DOSH

Standards Program

360-902-4758

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

Ryan Allen

DOSH

Standards Program

360-902-4758

296-155

Cranes, rigging, and personnel lifting

(includes implementing portions of 2024's SSHB 2022)

The purpose of this rule making is to amend the safety standards for cranes and derricks in construction due, in part, to the federal 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.

This rule making will also implement portions of 2SHB 2022 (chapter 311, Laws of 2024), regarding construction crane safety and tower cranes.

7/6/21

21-14-080

Anticipate filing

March 2025

To be determined

Ryan Allen

DOSH

Standards Program

360-902-4758

296-56

Longshore and waterfront operations and restrooms in ports and railyards

(2022's SHB 1706 implementation)

The purpose of this rule making is to align the rule with RCW 70.54.480, created by SHB 1706 (chapter 204, Laws of 2022), regarding drayage truck operators access to restrooms when operating in or on a port or rail yard property. New requirements will include access to restrooms and dedicated space for lactation. This rule making will also better align chapter 296-56 WAC with OSHA requirements for marine terminals in 29 C.F.R. 1917, Subpart A.

9/6/22

22-18-081

To be determined

To be determined

Ryan Allen

DOSH

Standards Program

360-902-4758

296-156

Fire-resistant material applicators

(2023's SHB 1323 implementation)

The purpose of this rule making is to implement the requirements of SHB 1323 (chapter 145, Laws of 2023), related to requiring a training and certification program for individuals who apply fire-resistant materials and provides for enforcement.

2/6/24

24-04-091

2/18/25

25-05-092

Anticipate filing

May 2025

Ryan Allen

DOSH

Standards Program

360-902-4758

296-900

Monetary penalties and appeals

The purpose of this rule making is to update how base penalties are calculated in order to make penalties more effective and address concerns raised through the OSHA state activities mandated measures (SAMM) report that Washington penalties continue to be below the national average. OSHA uses the SAMM report to determine whether state plans are as-effective-as OSHA.

4/16/24

24-09-063

9/3/24

24-18-095

1/16/25

25-03-091

Ryan Allen

DOSH

Standards Program

360-902-4758

296-820 296-307, Part G-1

Wildfire smoke: Environmental Protection Agency (EPA) air quality index (AQI) alignment

The purpose of this rule making is to update the AQI values referenced in the wildfire smoke rules to reflect changes EPA made to the AQI that became effective on May 6, 2024. Employers are allowed to use the approximate corresponding AQI values for the ease of compliance with the requirements in the rules; this ensures that the regulated community will be able to comply with the rule requirements when using data sources that do not display the hourly PM2.5 concentrations.

5/21/24

24-11-143

(CR-105)

10/17/24

24-21-090

Anticipate filing

4/15/25

Ryan Allen

DOSH

Standards Program

360-902-4758

296-800

Safety and health core rules

The purpose of this rule making is to remove confusing and unnecessary language, as well as update, where necessary, to align with the requirements of OSHA and Washington state rules. In addition, this rule making intends to:

• Consider updates to WAC 296-800-13020 in response to a petition regarding the length of the term a safety committee member may serve.

• Address housekeeping and formatting issues.

7/23/24

24-15-126

To be determined

To be determined

Ryan Allen

DOSH

Standards Program

360-902-4758

296-155

Sanitary conditions for construction workers

(2024's EHB 2266 implementation)

The purpose of this rule making is to implement the requirements of EHB 2266 (chapter 258, Laws of 2024), codified under RCW 49.17.530, which became effective June 6, 2024. EHB 2266 requires employers in the construction industry to provide workers performing construction activities and who menstruate or express milk the following:

• Access to an adequate portable toilet or restrooms, accessible on the worksite, or access to a permanent structure with a restroom.

• Adequate and convenient supply of menstrual hygiene products at no cost to employees.

• Reasonable accommodations to express milk.

EHB 2266 requires L&I's rules identify minimum reasonable accommodations for expressing milk that include alternatives for worksites of varying numbers of employees.

9/17/24

24-19-074

2/18/25

25-05-076

Anticipate filing

5/20/25

Ryan Allen

DOSH

Standards Program

360-902-4758

296-830 (New)

Workplace violence in health care (implementation of 2019's SHB 1931 and 2020's E2SSB 6205)

The purpose of this expedited rule making is to adopt into rule statutory requirements under chapter 49.19 RCW, Safety—Health care settings; chapter 72.23 RCW, Public and private facilities for mentally ill; and chapter 49.95 RCW, Long-term care workers. The requirements under these existing statutes require employers in covered health care settings to establish a program to address workplace violence and abusive behavior in health care settings, which includes creating policies, providing training to employees, and recording incidents. Prior to this rule making, DOSH has addressed enforcement of the requirements under chapters 49.19 and 72.23 RCW, and through DOSH Directive 5.07.

10/1/24

24-20-114

(CR-105)

To be determined

To be determined

Ryan Allen

DOSH

Standards Program

360-902-4758

To be determined

Ergonomics: Scheduled airlines— Ground crew operations (2023's ESSB 5217 implementation)

The purpose of this rule making is to establish a new chapter or section to address Ergonomics for scheduled airlines—Ground crew operations, risk class 6802 (WAC 296-17A-6802), and key components of an ergonomics rule that L&I should consider for future industry specific ergonomics rules due to ESSB 5217 (chapter 112, Laws of 2023).

10/29/24

24-22-067

To be determined

To be determined

Ryan Allen

DOSH

Standards Program

360-902-4758

296-27

Improve tracking of workplace injuries and illnesses

The purpose of this rule making is to update the rule regarding illness and injury tracking and reporting to align with updates to OSHA rules to improve tracking of workplace injuries and illnesses in order to remain as-effective-as OSHA, as required by the Washington state plan. The federal rules went into effect in January 2024.

11/20/24

24-23-098

(CR-105)

Anticipate filing

3/4/25

Anticipate filing

9/2/25

Ryan Allen

DOSH

Standards Program

360-902-4758

296-900

Worker walk around

The purpose of this rule making is to implement the requirements of OSHA's regulation 29 C.F.R. 1903.8, Representatives of employers and employees, which became effective on May 31, 2024, making L&I at-least-as-effective-as OSHA. 29 C.F.R. 1903.8 allows the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. Employees can authorize another employee to serve as their representative or select a third party.

12/17/24

25-01-133

To be determined

To be determined

Ryan Allen

DOSH

Standards Program

360-902-4758

296-155

Tower crane permit and safety requirements (2024's 2SHB 2022 implementation)

The purpose of this rule making is to implement the requirements of sections of 4 and 6 of 2SHB 2022 (chapter 311, Laws of 2024), codified under RCW 49.17.435 and 49.17.440. L&I must establish, by rule, a permit for the performance of any work involving the operation, assembly, disassembly, or reconfiguration of a tower crane.

1/21/25

25-03-117

Anticipate filing

July 2025

Anticipate filing

October 2025

Ryan Allen

DOSH

Standards Program

360-902-4758

296-901

Hazard communication

The purpose of this rule making is to update the hazard communication, globally harmonized system rule to incorporate OSHA updates for requirements in the manufacturing of chemical products by chemical manufacture[r]s and updating of safety date [data] sheet information.

To be determined

To be determined

To be determined

Ryan Allen

DOSH

Standards Program

360-902-4758

296-307

Worker protection standard

The purpose of this rule making is to update WAC 296-307-108 Part I, Worker protection standard. EPA updated requirements around application exclusion zones and other definitions related to pesticide use and application. This is a jointly enforced rule with the Washington state department of agriculture.

To be determined

To be determined

To be determined

Ryan Allen

DOSH

Standards Program

360-902-4758

296-150F

Factory assembled structures: Factory-built housing and commercial structures (implementation of 2019's E3SHB 1257, HB 1486, and ESSB 5383)

The purpose of this rule making is to update the rule regarding factory-built housing and commercial structures, to include panelized construction. This rule making will include intent to make the rule related to E3SHB 1257 (chapter 285, Laws of 2019) Energy efficiency, HB 1486 (chapter 165, Laws of 2019) Delegation of authority, and ESSB 5383 (chapter 352, Laws of 2019) Tiny houses.

7/2/19

19-14-106

Anticipate filing

9/2/25

Anticipate filing

11/18/25

Alicia Curry

Field Services and Public Safety

360-902-6244

296-400A

Plumber certification rules—Phase 3

(2020's SB 6170 implementation)

The purpose of this rule making is to consider amendments to implement the legislative changes made within the Plumbing Act (chapter 153, Laws of 2020, SB 6170), and updates to continuing education, training programs, and other necessary updates to the plumbing rule.

1/18/22

22-03-073

To be determined

To be determined

Alicia Curry

Field Services and Public Safety

360-902-6244

296-104

Boiler rule: Pool heater definition and fee increases (fiscal year (FY) 2026)

The purpose of this rule making is to amend the boiler rule to modify the definition of "pool heaters" and to increase fees by the office of financial management's (OFM) maximum allowable fiscal growth factor rate of 6.41 percent for FY 2026 for boiler and pressure vessel inspections and other boiler program services.

10/22/24

24-21-134

1/2/25

25-02-117

Anticipate filing

4/22/25

Meagan Edwards

Field Services and Public Safety

360-522-0125

296-200A

Contractor registration fees increase (FY 2026)

The purpose of this rule making is to amend the contractor registration fees. The proposed amendments would increase fees by OFM's fiscal growth factor rate of 6.41 percent for FY 2026 to cover operating expenses for L&I's contractor registration program.

10/22/24

24-21-135

1/21/25

25-03-116

Anticipate filing

4/22/25

Meagan Edwards

Field Services and Public Safety

360-522-0125

296-403A

Amusement ride rule—Definitions

The purpose of this rule making is to amend the definitions for amusement rides or structures under WAC 296-403A-100. L&I accepted a rule-making petition to amend the definition of "Amusement structures" to exclude fixed artificial climbing surfaces built for the sport of rock climbing, including equipment used for climber education and safety, when not located on the same premises as amusement rides. Additional amendments to this rule section will bring the rule up-to-date.

12/3/24

24-24-088

2/4/25

25-04-097

Anticipate filing

5/6/25

Meagan Edwards

Field Services and Public Safety

360-522-0125

296-46B

Electrical fees increase (FY 2026)

The purpose of this rule making is to amend the electrical rule to increase fees by OFM's fiscal growth factor rate of 6.41 percent for FY 2026 for electrical inspections and other electrical program services. The fee increase is necessary to cover increased operating expenses for L&I's electrical program.

1/2/25

25-02-119

2/18/25

25-05-077

Anticipate filing

5/6/25

Meagan Edwards

Field Services and Public Safety

360-522-0125

296-96

Elevator fees increase (FY 2026)

The purpose of this rule making is to consider amendments to the elevator rule. The amendments under consideration would increase fees by OFM's fiscal growth factor rate of 6.41 percent for FY 2026 to support operating expenses for L&I's elevator program. Additional amendments are also under consideration for formatting and cleanup.

Anticipate filing

4/1/25

Anticipate filing

6/3/25

Anticipate filing

9/2/25

Meagan Edwards

Field Services and Public Safety

360-522-0125

296-400A

Contractor registration (online insurance for existing contractors)

The purpose of this rule making is to consider amending the insurance requirements for existing registered contractors and insurance agents. The amendments under consideration would require insurance information for existing contractors to be submitted online through the electronic bond and insurance policy system. L&I would no longer accept paper certificates of insurance for existing contractors or any other electronic method.

Anticipate filing

4/1/25

Anticipate filing

9/2/25

Anticipate filing

11/18/25

Meagan Edwards

Field Services and Public Safety

360-522-0125

296-123 (New)

Equal Pay and Opportunities Act

(2024's SHB 1905 implementation)

The purpose of this rule making is to clarify and implement the provisions of SHB 1905 (chapter 353, Laws of 2024). The bill expands existing protections against pay and promotion discrimination based on gender found in chapter 49.58 RCW, the Equal Pay and Opportunities Act. SHB 1905 extends the protections to additional protected classes including, but not limited to, age, race, and sexual orientation. L&I is also proposing rules to clarify other requirements created by chapter 49.58 RCW, including: The free discussion of wages and salary; protection against retaliation; wage and salary history privacy; and disclosure of wage scale, salary range, and benefits on a job posting.

8/6/24

24-16-133

1/21/25

25-03-133

Anticipate filing

5/21/25

Reed Simock

Fraud Prevention and Labor Standards

360-480-3237

296-127

Prevailing wage (2024's SHB 2136 implementation)

The purpose of this rule making is to implement SHB 2136 (chapter 7, Laws of 2024), concerning prevailing wage sanctions, penalties, and debarment.

N/A

2/18/25

25-05-078

(CR-105)

Anticipate filing

4/22/25

David Speer

Fraud Prevention and Labor Standards

360-869-6129

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 the United States DOE working at the Hanford site to have their contractors and subcontractors covered under the state fund.

L&I filed continuances on October 27 and November 6, 2020, ultimately extending the comment period to February 1, 2021. The CR-102 proposal was withdrawn (WSR 21-04-019) due to the need for more stakeholder involvement and coordination. L&I will continue working with stakeholders to refine the proposed rule amendments for potential future rule making.

3/3/20

20-06-060

9/22/20

20-19-132

(Withdrawn)

10/27/20

20-22-038

11/6/20

20-23-017

(Withdrawn)

To be determined

Jo Anne Attwood

Employer Services

360-902-4777

296-17

296-17A

Higher education classifications and premium rates 2025

The purpose of this rule making is to consider changes to Classification 4906 Institutions of higher learning.

Classification development's goal is to fairly apply the workers' compensation insurance classifications and to ensure fair and equitable rates.

6/4/24

24-12-071

To be determined

To be determined

Jo Anne Attwood

Employer Services

360-902-4777

296-17

296-17A

Reporting and classification amendments for 2026

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. L&I's classification development studied some subclassifications for potential reduction in number, and reviewed classification and reporting rules for improvement and clarification.

Anticipate filing

5/20/25

Anticipate filing

8/19/25

Anticipate filing

11/18/25

Jo Anne Attwood

Employer Services

360-902-4777

296-17

296-17B

Industrial insurance premium rates 2026

The purpose of this rule making is to establish the premium rates and experience rating parameters for calendar year 2026.

Anticipate filing

6/17/25

Anticipate filing

9/16/25

Anticipate filing

11/26/25

Jo Anne Attwood

Employer Services

360-902-4777

296-23

Corecording of independent medical examination (IME)

The purpose of this rule making is to establish rules for corecording of IMEs by an IME provider upon consent from the worker.

8/21/24

24-17-141

To be determined

To be determined

Troy Parks

Health Services Analysis

360-902-6821

296-23

IME third-party recording (pilot rule making)

The purpose of this rule making is to establish rules for third-party recordings of IMEs when a worker consents to allowing an independent third party to record the exam. L&I intends to use pilot rule making to develop the proposed rules to evaluate a process for the use of a third-party company to conduct and store recordings.

8/21/24

24-17-142

To be determined

To be determined

Troy Parks

Health Services Analysis

360-902-6821

296-20

Physician assistant billing procedure

The purpose of this rule making is to remove the requirement (WAC 296-20-12501) that physician assistants be paid 90 percent of the fee schedule value for procedures they perform and instead allow them to be paid up to the maximum fee listed on the fee schedule.

9/3/24

24-18-096

10/22/24

24-21-133

1/21/25

25-03-114

Megan Lemon

360-902-5161

Marc Hobbs

360-902-4244

Health Services Analysis

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.

12/3/24

24-24-091

Anticipate filing

3/18/25

Anticipate filing

5/20/25

Megan Lemon

360-902-5161

Marc Hobbs

360-902-4244

Health Services Analysis

296-14

Pension discount rate (PDR) 2025

The purpose of this rule making is to lower PDR to better align with the rate of return for long-term treasuries for self-insured pensions. PDR is the interest rate used to account for the time value of money when evaluating the present value of future pension payments. This rule making lowered PDR for self-insured employers from 5.5 percent to 5.4 percent, effective April 1, 2025.

8/6/24

24-16-129

10/22/24

24-21-132

1/21/25

25-03-113

Suzy Campbell

Legal Services

360-902-5003

296-23

Acupuncture

The purpose of this rule making is to consider amending WAC 296-23-238, which limits payment to a maximum of 10 visits based on L&I's review of safety and efficacy data for a low back condition. L&I is considering amending this section in order to have some flexibility to pay for a different number of visits for other conditions when acupuncture has been shown to be safe and effective for that condition per L&I review. The maximum number of visits could be taken out of rule and, instead, specified in the medical coverage decision for each condition.

8/20/24

24-17-126

To be determined

To be determined

Jami Lifka

Office of the Medical Director

360-902-4941

296-14

296-19A

296-20

296-21

296-23

Psychologists and physician assistants as attending providers

(2023's HB 1197 implementation)

The purpose of this rule making is to implement HB 1197 (chapter 171, Laws of 2023). This rule making will update the definition of attending providers and add psychologists in the case of claims solely for mental health conditions, and physician assistants, to the list of attending providers. Amendments to several chapters are necessary to be consistent with HB 1197.

L&I is also proposing to amend WAC 296-20-01501 to align language with ESHB 2041 (chapter 62, Laws of 2024), and the department of health, Washington medical commission's corresponding rule updates to chapter 246-918 WAC.

9/17/24

24-19-073

1/21/25

25-03-115

Anticipate filing

5/20/25

Jami Lifka

Office of the Medical Director

360-902-4941

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

296-15

Self-insurance reserve fund (2023's SB 5084 implementation)

The purpose of this rule making is to implement SB 5084 (chapter 110, Laws of 2023), which created the self-insurance reserve fund to hold self-insured employers' second injury fund assessments and other prefunded pension obligations. The proposed amendments will update two sections in rule governing the self-insurance program, aligning them with statutory changes required under SB 5084. The proposed formatting changes to WAC 296-15-171 will also make it easier to read.

N/A

1/2/25

25-02-118

(CR-105)

Anticipate filing

5/6/25

Ashley Frank

Office of Strategy and Performance

360-902-6566

296-15

Self-insurance billing decertified municipal employers (HB 1275 or SB 5381 implementation)

The purpose of this rule making is to implement the provisions of HB 1275 or SB 5381, should they pass. These bills establish L&I's authority to ensure payment is received from the self-insured employer after a self-insured group or municipal employer has their self-insurer certification withdrawn.

To be determined

To be determined

To be determined

Stephanie Scheurich

Self-Insurance

360-902-5662