296-30

296-31

296-33

Crime victims compensation (CVC)

Maty Brimmer

Crime Victims

360-902-6707

Linda Messick

Crime Victims

360-902-5374

TBD

TBD

TBD

This rule making pertains to the administration of the CVC program, mental health treatment rules and fees, and attendant services. This rule making will consider adopting some rules from chapters 296-14, 296-20, 296-21, 296-23, 296-23A, and 296-23B WAC.

296-36

296-155

Part Q

Compressed air (tunnels)

Chris Miller

DOSH Standards

   Program

360-902-5516

9/18/12

TBD

TBD

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.

296-62

296-155

Lead

Chris Miller

DOSH Standards    Program

360-902-5516

4/19/16

TBD

TBD

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. 

296-67

Process safety management of highly hazardous chemicals (PSM) for petroleum refineries

Chris Miller

DOSH Standards    Program

360-902-5516

8/22/17

5/19/20

TBD

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 The current rules are outdated, not having been updated in over twenty years and do not reflect current industry practices.

296-52

Safety standards for possession, handling, and use of explosives

Chris Miller

DOSH Standards    Program

360-902-5516

1/23/18

TBD

TBD

In order to reflect technological advancements in explosives over the past ten to thirty years, and better align with federal regulations, L&I is updating the safety standards for possession, handling, and use of explosives. Focus areas will likely include definitions, licensing, storage, background check requirements, public disclosure, and transportation, among other sections.

296-155

Crane incident reporting requirement

Chris Miller

DOSH Standards    Program

360-902-5516

3/20/18

TBD

TBD

The purpose of this rule making is to provide clarity on L&I's interpretation of requirements relating to crane decertification and reinstatement. This rule making intends to address what activities are covered, and will clearly state that damage to critical parts of the crane would require notification, rather than just implying it. This rule making will include additional housekeeping changes as well.

296-155

Part S

Demolition standards

Chris Miller

DOSH Standards    Program

360-902-5516

7/5/18

11/3/20

2/2/21

The purpose of this rule making is to update the requirements regarding demolition standards. This rule making will remove confusing and unnecessary language, as well as add clarification where necessary throughout the rule to improve safety. Other updates and housekeeping changes may also be made throughout the chapter.

296-800

Adult Entertainer Safety (EHB 1756)

Chris Miller

DOSH Standards    Program

360-902-5516

11/5/19

TBD

TBD

The purpose of this rule making is to implement the requirements of EHB 1756 (chapter 304, Laws of 2019) codified under RCW 49.17.470, for adult entertainer safety in the accident prevention plan and other measures.

296-155

Part L

Cranes, rigging, and personnel lifting

Chris Miller

DOSH Standards    Program

360-902-5516

11/19/19

TBD

TBD

This rule making in response to OSHA updating their standards for crane operator licensing/certification requirements and establishing minimum requirements for determining operator competency. Additionally, state-initiated amendments will also be proposed to address other areas in rule 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.

296-67

High hazard facilities workforce (ESHB 1817)

Chris Miller

DOSH Standards    Program

360-902-5516

2/18/20

TBD

TBD

The purpose of this rule making is to implement 2019's ESHB 1817/chapter 49.80 RCW, high hazard facility workforce. 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 will address the advanced safety-training curriculum and training provider approval requirements.

296-823

Occupational exposure to bloodborne pathogens

Chris Miller

DOSH Standards    Program

360-902-5516

6/30/20

(CR-105 Expedited)

N/A

9/22/20 (tentative)

The purpose of this rule making is to update a reference to align with RCW 70.24.017. The rule making also includes a housekeeping update as well as reformatting to reflect clear rule writing. No requirements will be affected.

296-800

COVID-19 prohibited business activities and conditions for operations

Chris Miller

DOSH Standards    Program

360-902-5516

N/A

N/A

7/2/20

(CR-103E Emergency)

7/8/20

(CR-103E Emergency)

7/28/20

(CR-103E Emergency)

The purpose of this emergency rule making is to amend WAC 296-800-14035 in the safety and health core rules. L&I is responding to the COVID-19 pandemic by amending the emergency rule related to prohibited business activities and compliance with conditions under the governor's proclamations and amendments issued under RCW 43.06.220:

• Employers must not allow employees to perform work where a business activity is prohibited by an emergency proclamation.

• Employers must comply with all conditions for operation required by emergency proclamation, including Safe Start phased reopening requirements for all business and any industry specific requirements.

The emergency rule will be updated as needed.

296-32

eRules reformatting, Phase XI

Chris Miller

DOSH Standards    Program

360-902-5516

7/21/20

(CR-105 Expedited)

N/A

10/6/20

(tentative)

This rule making is the eleventh filing package to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.

Due to the limitations for holding public hearings during this time, the CR-101 filed on 8/6/19 was withdrawn on 6/29/20 (WSR 20-14-077).

296-307

eRules reformatting, Phase X

Chris Miller

DOSH Standards    Program

360-902-5516

8/4/20

(CR-105 Expedited)

N/A

10/20/20

(tentative)

This rule making is the tenth filing package to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access. The specific parts of chapter 296-307 WAC expected to be included are: Parts B through H, J through N, and P through Y-10. eRule changes to other parts of chapter 296-307 WAC will be addressed in other rule-making projects.

Due to the limitations for holding public hearings during this time, the CR-102 filed on 2/18/20 was withdrawn on 3/18/20 (WSR 20-07-118), and the CR-101 filed on 1/3/17 was withdrawn on 6/29/20 (WSR 20-14-076). Note that amendments to chapter 296-45 WAC were addressed in separate rule making adopted on June 18, 2019, under WSR 19-13-083.

296-850

Beryllium

Chris Miller

DOSH Standards    Program

360-902-5516

TBD

TBD

TBD

This rule making is in response to OSHA updating their standards beryllium, beryllium compounds and dermal exposure issues.

296-823

Infectious diseases

Chris Miller

DOSH Standards    Program

360-902-5516

TBD

TBD

TBD

The purpose of this rule making is to establish control measures to protect employees from infectious disease exposures to pathogens that can cause significant disease. During public health emergencies, disease outbreaks involving community spread of a pathogen may endanger workers in a wide range [of] settings.

296-800

Biological hazards

Chris Miller

DOSH Standards    Program

360-902-5516

TBD

TBD

TBD

The purpose of this rule making is to clarify [how] to protect employees from all biological agents be it airborne, droplets, fluids, or any other methods.

296-307

Parts I and O

Worker protection standard (pesticides) administrative changes (Part I); and eRules for both parts

Chris Miller

DOSH Standards    Program

360-902-5516

BD

TBD

TBD

This rule making is to amend Part I; and, to reformat both parts as part of the eRules initiative resulting in rules easier use, clearer understanding, and greater stakeholder access.

296-840

296-307

Respirable crystalline silica (agriculture)

Chris Miller

DOSH Standards    Program

360-902-5516

TBD

TBD

TBD

The purpose of this rule making is to clarify the application of the respirable crystalline silica rules in agriculture.

269-307

Part Y

Precommercial thinning

Chris Miller

DOSH Standards    Program

360-902-5516

TBD

TBD

TBD

The rule making is to consider establishing minimum safety standards for precommercial thinning in agriculture.

296-150F

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

Alicia Curry

Field Services and

Public Safety

360-902-6244

7/2/19

TBD

TBD

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 [E3SHB] 1257 - Energy efficiency, HB 1486 - Delegation of authority, and SB [ESSB] 5383 - Tiny homes. 

296-150I

296-150M

FAS: Manufactured homes and manufactured home installer training and certification program

Alicia Curry

Field Services and

Public Safety

360-902-6244

8/20/19

TBD

TBD

The purpose of this rule making is to update existing rules to comply with United States Department of Housing and Urban Development (HUD) regulations. In 2017, HUD reviewed FAS rules and standards for manufactured housing installations to ensure the program's compliance with HUD regulations. This rule making addresses HUD's findings that require revisions to L&I's rules. Additionally, the program is reviewing all rules in chapter 296-150I WAC for updates, clarity, and housekeeping changes.

296-96

Elevator rules

Alicia Curry

Field Services and

Public Safety

360-902-6244

10/22/19

TBD

TBD

The purpose of this rule making is to consider changes to the elevator rules. L&I's elevator program is reviewing specific sections of the elevator rules to update and clarify existing rules, make reference corrections, perform general housekeeping, and consider other rule changes.

296-104

Boiler rules

Alicia Curry

Field Services and

Public Safety

360-902-6244

10/6/20

1/5/21

4/20/21

The purpose of this rule making is to update existing rules and increase fees by 5.79%, which is the office of financial management's (OFM) maximum allowable fiscal growth rate for fiscal year 2022. A fee increase is necessary to cover the program's operating expenses for inspections and other program public safety activities.

296-140 (new)

Clean energy labor standards certification

Beverly Clark

Fraud Prevention and

Labor Standards

360-902-6272

11/27/19

TBD

TBD

The Clean Energy Transformation Act (E2SSB 5116) of 2019 requires L&I adopt permanent rules related to labor standard certification for certain tax exemptions for alternative energy projects. The purpose of this rule making is to define and set minimum requirements for all labor standards associated with the certification for tax remittance; set requirements for all good faith efforts; and set other requirements for documentation and the certification process. 

L&I filed emergency rules on November 27, 2019, which became effective on January 1, 2020. Emergency rules were filed again on March 27 and July 23, 2020, as rule making is still on-going.

296-400A

Plumber rules (SB 6170)

Beverly Clark

Fraud Prevention and

Labor Standards

360-902-6272

6/2/20

(CR-105 Expedited)

N/A

8/4/20

The purpose of this rule making is to implement the requirements of the Plumbing Act (SB 6170), which addresses the following: Create a residential service plumbing certificate; modify the acceptable supervisory ratios of plumber trainees to certified plumbers and authorizes remote supervision in certain circumstances; increase the number of members on the advisory board of plumbers; and adjust fees related to journey level and specialty plumber certification.

296-17

296-17A

Classification and reporting amendments 2021

Jo Anne Attwood Employer Services

360-902-4777

3/3/20

7/21/20

10/6/20

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

296-17

296-17A

296-17B

Employment covered by RCW 51.32.187

Jo Anne Attwood Employer Services

360-902-4777

3/3/20

9/22/20

11/30/20

The purpose of this rule making is to consider whether provisions of RCW 51.32.187 regarding presumption of certain occupational diseases for Hanford site workers necessitate special rates, classifications, and other rating rules for employment covered by RCW 51.32.187 insured with the state fund. Such rules would charge premiums for employment covered by RCW 51.32.187 consistent with recognized insurance principles, while protecting existing risk classes from having their rates adversely affected by risks present for employment covered by RCW 51.32.187, but not elsewhere.

296-17

296-17A

Fulfillment center classification

Jo Anne Attwood Employer Services

360-902-4777

6/3/20

9/22/20

11/30/20

The purpose of this rule making is to research and evaluate the operations of fulfillment centers currently classified in classification 2102 warehouse general merchandise. After evaluating expected losses and some unique operations of fulfillment centers, possible classification changes may be required to ensure these operations are still being classified by their degree of hazard to ensure fair rates in the industry. A new risk classification for fulfillment centers may be created.

296-17

296-17B

Industrial insurance premium rates 2021

Jo Anne Attwood

Employer Services

360-902-4777

6/16/20

9/22/20

11/30/20

This rule making establishes the premium rates and experience rating parameters for calendar year 2021.

296-20

296-23

Medical aid rules update

Emily Stinson

Health Services Analysis

360-902-5974

12/18/18

3/2/20

8/18/20

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

296-23A

Outpatient hospitals (medical aid rules)

Dee Hahn

Health Services Analysis

360-902-2868

TBD

TBD

TBD

The purpose of this rule making is to consider amending two rules that L&I determined are in conflict with each other because the underlying federal regulations (per Centers for Medicare and Medicaid Services) changed January 1, 2017 (creating the conflict).

296-23

Independent medical exams (IME)

Kristen Baldwin-Boe

Health Services Analysis

360-902-6815

TBD

TBD

TBD

The purpose of this rule making is to create new rules required by ESSB 6440 to address how to accommodate workers when no IME is available in a reasonably convenient location and to develop rules governing the use of telemedicine for IMEs.

296-14

Presumptive PTSD coverage (SB 6214)

Suzy Campbell

Legal Services

360-902-5003

8/21/18

TBD

TBD

The purpose of this rule making is to update existing rules and create new rules needed to implement SB 6214, allowing industrial insurance coverage for posttraumatic stress disorders of law enforcement, firefighters and emergency medical technicians.

296-14

Occupational disease presumption

Jordan Ely

Legal Services

360-902-4616

11/19/19

TBD

TBD

The purpose of this rule making is to amend existing rules that conflict with RCW 51.32.185, and clarify presumptive coverage for certain firefighters, law enforcement officers, and emergency medical technicians covered under workers' compensation. Legislation passed during the 2019 and 2018 sessions (chapter 133, Laws of 2019, HB 1913; and chapter 264, Laws of 2018, SSB 6214) resulted in updates to RCW 51.32.185.

296-21

Master's level therapists pilot

Suzy Campbell

Legal Services

360-902-5003

12/3/19

TBD

TBD

The purpose of this pilot rule making is to allow master's level therapists (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 will begin on January 1, 2020, and the exceptions granted are effective throughout a four-year pilot period or as otherwise specified.

296-14

Pension discount rate 2021

Suzy Campbell

Legal Services

360-902-5003

8/18/20

10/20/20

1/5/21

The purpose of this rule making is to reduce the current pension discount rate for 2021. The pension discount rate is the interest rate used to account for the time value of money when evaluating the present value of future pension payments.

296-17B

Retrospective rating for workers' compensation insurance

Rachelle Bohler

Retrospective Rating

360-902-5967

11/5/13

TBD

TBD

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.

296-17B

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

Rachelle Bohler

Retrospective Rating

360-902-5967

8/5/15

TBD

TBD

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

296-15

Licensing and certification of administrators

Sue Callaghan

Strategic Business Office

360-902-4913

Starla Treznoski

Self-Insurance

360-902-5668

8/18/20

TBD

TBD

The purpose of this rule making is to update existing rules and create new rules as needed to implement SHB 2409, which requires the licensing of third party administrators and certification of all claims administrators for self-insured employers.

296-15

Self-insurance financial requirements

Brian Schmidlkofer

Self-Insurance

360-902-6839

9/22/20

TBD

TBD

The purpose of this rule making is to update the rules for the financial qualification and maintenance of self-insurance certification, so that these rules are consistent with modern business practices. Existing rules will be amended, and new sections may be added.