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

Thomas West

DOSH Rulemaking Program

509-237-2372

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

Thomas West

DOSH Rulemaking Program

509-237-2372

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

Thomas West

DOSH Rulemaking Program

509-237-2372

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

Anticipate filing

fall 2025

To be determined

Thomas West

DOSH Rulemaking Program

509-237-2372

296-155

Cranes, rigging, and personnel lifting

(includes implementing portions of 2024's 2SHB 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 will also implement portions of 2SHB 2022 (chapter 311, Laws of 2024), regarding tower cranes. 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 address other areas in chapter 296-155 WAC relating to cranes that need to be updated based on current industry practice, and to clarify some of the language to maintain safety and health protections for employees.

7/6/21

21-14-080

3/18/25

25-07-100

Anticipate filing

8/5/25

Thomas West

DOSH Rulemaking Program

509-237-2372

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

Anticipate filing

fall 2025

To be determined

Thomas West

DOSH Rulemaking Program

509-237-2372

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

Anticipate filing

fall 2025

To be determined

Thomas West

DOSH Rulemaking Program

509-237-2372

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)

Anticipate filing

winter 2025

To be determined

Thomas West

DOSH Rulemaking Program

509-237-2372

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

Thomas West

DOSH Rulemaking Program

509-237-2372

296-27

Improve tracking of workplace injuries and illnesses

The purpose of this rule making is to update the rule regarding injury and illness 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)

3/4/25

25-06-082

Anticipate filing

9/2/25

Thomas West

DOSH Rulemaking Program

509-237-2372

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

Thomas West

DOSH Rulemaking Program

509-237-2372

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

8/19/25

Anticipate filing

November 2025

Thomas West

DOSH Rulemaking Program

509-237-2372

296-360

296-05

296-20

296-27

296-45

296-307

296-820

296-831

296-848

296-849

296-855

296-856

Safety and health retaliation

The purpose of this rule making is to update chapter 296-360 WAC and other sections in Title 296 WAC that reference safety and health discrimination protections for workers and replace the term discrimination with retaliation. This is part of a plan that L&I developed to use more accurate terminology to describe complaints received from workers who raise workplace safety and health hazards and concerns and are subsequently retaliated against as described in RCW 49.17.160. L&I is renaming the program that responds to the complaints to align with this change.

N/A

Anticipate filing

8/19/25

Anticipate filing

winter 2025

Thomas West

DOSH Rulemaking Program

509-237-2372

296-78

296-801

296-828

296-856

296-874

DOSH housekeeping updates

The purpose of this rule making is to correct any outstanding housekeeping issues in various WAC sections, such as correcting typographical errors and updating references. No requirements are being affected during this rule making, as changes are only for clarification purposes.

N/A

Anticipate filing

fall 2025

(CR-105)

Anticipate filing

winter 2025

Thomas West

DOSH Rulemaking Program

509-237-2372

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 manufactures and updating of safety date [data] sheet information.

To be determined

To be determined

To be determined

Thomas West

DOSH Rulemaking Program

509-237-2372

296-307

Worker protection standard

The purpose of this rule making is to update WAC 296-307-108 Part I, Worker protection standard. The Environmental Protection Agency 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

Thomas West

DOSH Rulemaking Program

509-237-2372

296-71

High hazard facilities (2025's EHB 1173 implementation)

The purpose of this rule making is to implement EHB 1173, concerning the skilled and trained workforce requirements for refinery owners when contracting for construction, alteration, demolition, installation, repair, or maintenance work at high hazard facilities. EHB 1173 (chapter 210, Laws of 2025) amends chapter 49.80 RCW by adding and amending current definitions, and adds wage and occupation notifications for apprentices. Rule making may also be considered to provide further clarification and guidance concerning implementation of the chapter.

7/1/25

25-14-100

Anticipate filing

fall 2025

Anticipate filing

winter 2025

Thomas West

DOSH Rulemaking Program

509-237-2372

296-127

Prevailing wage: Multiple CBAs and dispute resolution process

The purpose of this rule making is to establish an interested party dispute resolution process that L&I would engage when determining appropriate collective bargaining agreements to establish a prevailing wage rate for a trade and occupation in a county. Rules are needed for a clear process to establish rates as well as a process for dispute resolution.

6/3/25

25-12-093

Anticipate filing

winter 2025

Anticipate filing

spring 2026

Ethan Whitener

Prevailing Wage Program

360-890-6139

296-05

Apprenticeship rule: Specialty electricians (2025's ESHB 1533 implementation)

The purpose of this rule making is to implement ESHB 1533 (chapter 240, Laws of 2025). ESHB 1533 added a new section to chapter 49.04 RCW, Apprenticeship, allowing single-employer (01) electrician apprenticeship programs to use apprentices to perform work under their valid electrician specialty certificate without changing the apprentice's status in the (01) program, with some restrictions.

7/1/25

25-14-098

Anticipate filing

9/16/25

Anticipate filing

11/18/25

Kristin Murphy

Apprenticeship Program

564-999-0975

Title 296 WAC (new chapter or section)

Labor standards for isolated employees (2025's 2SHB 1524 implementation)

The purpose of this rule making is to implement 2SHB 1524 (chapter 47, Laws of 2025), related to isolated employee protections. Currently, chapter 49.60 RCW requires employers in the janitorial, hospitality, retail, and security industries take certain precautions to prevent sexual harassment and sexual assault of isolated employees. Isolated employees are those working as a janitor, security guard, hotel or motel housekeeper or room service attendant and spends a majority of their working hours alone without another coworker present. 2SHB 1524 amends chapter 49.60 RCW to add protections for isolated employees and provide for L&I enforcement of the requirements.

7/1/25

25-14-099

Anticipate filing

9/16/25

Anticipate filing

11/18/25

Bridget Osborne

Employment Standards

360-902-5552

296-128

296-135

Labor standards statute alignment (implementation of 2025's ESHB 1875, SSB 5101, and ESHB 1332)

The purpose of this rule making is to implement the following:

• ESHB 1875 (chapter 170, Laws of 2025), concerning use of paid sick leave for immigration proceedings.

• SSB 5101 (chapter 375, Laws of 2025), concerning access to leave for victims of hate crimes.

• ESHB 1332 (chapter 229, Laws of 2025), concerning transportation network companies.

7/1/25

25-14-095

(CR-105)

Anticipate filing

9/30/25

Anticipate filing

winter 2025

Bridget Osborne

Employment Standards

360-902-5552

296-128

Coercion based on immigration status (2025's SSB 5104 implementation)

The purpose of this rule making is to implement SSB 5104 (chapter 236, Laws of 2025), which includes the following labor standards requirements:

• Employers are forbidden from coercing employees based on immigration status in furtherance of the employer committing a violation of wage and hour laws. This includes implicit or explicit communication pertaining to immigration status to deter an employee from engaging in protected activities or exercising a right under chapters 49.46, 49.12, 49.30, or 49.48 RCW.

• Workers may file a complaint with L&I within 180 days of the alleged coercive action.

7/1/25

25-14-096

Anticipate filing

fall 2025

Anticipate filing

winter 2025

Connor Linse

Employment Standards

425-273-7664

296-123

Equal pay and opportunities (EPOA) protections and guidelines (implementation of 2025's SSB 5408 and SSB 5501)

The purpose of rule making is to implement SSB 5408 (chapter 383, Laws of 2025) and SSB 5501 (chapter 115, Laws of 2025), which include the following labor standards:

• Wage and salary disclosure requirements under EPOA.

• Restrictions on when an employer can require a valid driver's license as a condition of employment or include a statement in a job posting that an applicant must have a valid driver's license.

This rule making may also consider revisions to the current EPOA rule.

Anticipate filing

8/5/25

Anticipate filing

11/4/25

Anticipate filing

4/21/26

Michael Davis

Employment Standards

253-878-4043

296-125

296-131

Youth employment updates (implementation of 2025's ESHB 1644, SHB 1121, and HB 1722)

The purpose of this rule making is to implement the following:

• ESHB 1644 (chapter 173, Laws of 2025), concerning safety and health of working minors.

• SHB 1121 (chapter 79, Laws of 2025), concerning hours of work for 16- and 17-year-old minors enrolled in career and technical education programs.

• HB 1722 (chapter 98, Laws of 2025), concerning prohibited duties for minors with certain licenses or certification (from the department of health).

L&I may also consider changes to clarify existing requirements, which may include technical updates, improve alignment between child labor procedures in agricultural and nonagricultural industries, and remove outdated requirements.

Anticipate filing

fall 2025

Anticipate filing

winter 2025

Anticipate filing

spring 2026

Reed Simock

Employment Standards

360-480-3237

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

9/16/25

Anticipate filing

12/2/25

Alicia Curry

Field Services and Public Safety

360-902-6244

296-400A

Plumber certification rule—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

296-96

Elevator fees increase (fiscal year (FY) 2026)

The purpose of this rule making is to amend the elevator rule to increase fees by the office of financial management's fiscal growth factor rate of 6.41 percent for FY26 to support operating expenses for L&I's elevator program.

Additional amendments are necessary to help simplify the rule and make the fees easier to locate.

4/1/25

25-08-062

6/3/25

25-12-088

Anticipate filing

9/2/25

Meagan Edwards

Field Services and Public Safety

360-522-0125

296-200A

296-400A

Online insurance submittal for registered contractors and licensed plumbing contractors

The purpose of this rule making is to amend the contractor registration and plumbing contractor licensing rules to fully transition to an online insurance system. The amendments would require insurance companies to submit insurance documents and information electronically through the electronic bond and insurance policy system. L&I would no longer accept paper copies by mail, in person, or through any other electronic method for contractor registration or plumbing contractor licensing. The only exception would be for first-time applicants for contractor registration or plumbing contractor licensing.

4/22/25

25-09-152

Anticipate filing

9/2/25

Anticipate filing

11/18/25

Meagan Edwards

Field Services and Public Safety

360-522-0125

296-200A

Contractor registration: Homeowner recovery program (2023's 2SHB 1534 implementation—Phase 3)

The purpose of this rule making is to amend the contractor registration rule to implement 2SHB 1534 (chapter 213, Laws of 2023), to strengthen protections for consumers in the construction industry. The legislation directed L&I to establish and administer a new homeowner recovery program by July 1, 2024. The program provides a safeguard and a path to financial recovery for consumers harmed by construction contractors. Beginning July 1, 2026, eligible construction consumers can apply for recovery payments from the program for financial losses stemming from work by construction contractors.

5/6/25

25-10-080

Anticipate filing

1/6/26

Anticipate filing

4/21/26

Alicia Curry

Field Services and Public Safety

360-902-6244

296-46B

Electrical rule updates

The purpose of this rule making is to adopt the latest national safety standards for the electrical rule in the state of Washington, and to update and clarify other sections in rule. The amendments under consideration include:

• Adopting the 2026 edition of the National Fire Protection Agency 70, the National Electrical Code (NEC) by reference with a delayed effective date.

• Amending the adopted NEC restriction for nonmetallic sheathed cable to allow calculations for minimum conductor sizes to be calculated at a higher temperature rating.

• Clarifying the existing requirements for trainee hours of experience submittal.

5/6/25

25-10-083

Anticipate filing

9/2/25

Anticipate filing

11/18/25

Meagan Edwards

Field Services and Public Safety

360-522-0125

296-46B

Electrical rule: Installation of electric vehicle supply equipment (2025's SSB 5528 implementation)

The purpose of this rule making is to amend the electrical rule to implement 2SSB 5528 (chapter 233, Laws of 2025), concerning the installation of transportation electrification infrastructure. The legislation established requirements that electricians installing electric vehicle supply equipment on public works be certified by the electric vehicle infrastructure training program or similar nationally recognized program in order to complete the work.

Anticipate filing

8/5/25

Anticipate filing

10/21/25

Anticipate filing

1/6/26

Meagan Edwards

Field Services and Public Safety

360-522-0125

296-104

Boiler fee increases (FY27)

The purpose of this rule making is to consider amendments to the boiler rule. The amendments under consideration would increase fees by the fiscal growth factor to support operating expenses for L&I's boiler program.

To be determined

To be determined

To be determined

Meagan Edwards

Field Services and Public Safety

360-522-0125

296-200A

296-150C

296-150F

296-150I

296-150M

296-150P

296-150R

296-150T

296-150V

296-46B

296-96

Public safety program fee increases (FY27)

The purpose of this rule making is to consider amendments to the rules for L&I's public safety programs: Contractor registration, electrical, elevator, and factory-assembled structures. The amendments under consideration would increase fees by the fiscal growth factor to support operating expenses for the programs in FY27.

To be determined

To be determined

To be determined

Meagan Edwards

Field Services and Public Safety

360-522-0125

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.

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)

To be determined

Jo Anne Attwood

Employer Services

360-902-4777

296-17

296-17A

Higher education classifications and premium rates

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. Also as part of this rule making, L&I intends to respond to legislation that may require implementation.

5/20/25

25-11-073

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.

6/17/25

25-13-100

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 was to establish sections in rule for corecording of IMEs by an IME provider upon consent from the worker.

The CR-101 preproposal was withdrawn under WSR 25-12-089.

8/21/24

24-17-141

(withdrawn 6/3/25)

N/A

N/A

Troy Parks

Health Services Analysis

360-902-6821

296-23

IME third-party recording (pilot rule making)

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

The CR-101 preproposal was withdrawn under WSR 25-12-090.

8/21/24

24-17-142

(withdrawn 6/3/25)

N/A

N/A

Troy Parks

Health Services Analysis

360-902-6821

296-20

Medical provider network requirements

The purpose of this rule making is to ensure clarity on the requirements for the medical provider network regarding providers continued expectation to maintain network requirements in order to remain approved network providers. Rule changes under consideration will clarify expectation that approved providers must maintain and adhere to all network standards, help L&I address provider noncompliance post enrollment more efficiently, and will hold all approved providers to the same standards, ensuring workers receive the best care possible.

7/1/25

25-14-097

Anticipate filing

9/2/25

Anticipate filing

12/1/25

Troy Parks

Health Services Analysis

360-902-6821

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

12/2/25

Anticipate filing

3/17/26

Anticipate filing

5/5/26

Megan Lemon

360-902-5161

Marc Coercion

360-902-4244

Health Services Analysis

296-14

Pension discount rate (PDR) 2026

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 anticipates lowering PDR for self-insured employers, effective April 1, 2026.

Anticipate filing

8/5/25

Anticipate filing

10/21/25

Anticipate filing

1/20/26

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

296-17B

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

296-19A

Vocational rehabilitation: Training providers

The purpose of this rule making is to ensure clarity on the requirements and expectations for approved training providers.

Anticipate filing

11/18/25

To be determined

To be determined

Sarah Moran

Return to Work Partnerships

360-902-6362

296-15

Self-insurance billing decertified municipal employers (2025's HB 1275 implementation)

The purpose of this rule making is to implement the provisions of HB 1275 (chapter 57, Laws of 2025). This bill establishes 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.

Anticipate filing

August 2025

To be determined

To be determined

Stephanie Scheurich

Self-Insurance

360-902-5662