The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed?May 23, 2023
For information on all L&I meetings and public hearings related to rulemaking, please visit our?public participation calendar.
Division:?Fraud Prevention and Labor Standards (Apprenticeship Program)
Topic:?Adoption (CR-103) ? Apprenticeship Rules
Brief Description:?This rulemaking updates the rules regarding timelines, procedures and content for new apprenticeship program applications as detailed in chapter 296-05 WAC. The Washington State Legislature passed Engrossed Second Substitute Senate Bill 5600 (E2SSB 5600) during the 2022 legislative session, which adds a sustainability assessment requirement to all new apprenticeship program applications. The Washington State Apprenticeship and Training Council (WSATC) now must also consider living wage, presence of a career ladder, and other non-wage benefits for graduating apprentices when considering a new program for approval. To ensure transparency in the approval process, these items needed to be included and defined in the rule.
E2SSB 5600 also requires the WSATC to establish economic or industry sector-based platforms, which is a new aspect in the apprenticeship system. The bill highlights the industry sectors for which the platforms may be established, that each must consist of an equal number of employer and employee representatives, and outlines the tasks that the platforms must complete. Rulemaking is required to define how platform members will be selected, the detailed make-up of the platforms (including minimum/maximum number of members, qualifications of platform members, electing a chair and secretary), and further clarify the role of the platforms.
Effective date: June 23, 2023
The links below provide additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
Division:?Fraud Prevention and Labor Standards (Clean Energy Program)
Topic:?Adoption (CR-103) ? Clean Energy: Labor Standards Certification?for Tax Incentives
Brief Description:?This rulemaking implements the Labor Standard Certification requirements for clean and renewable energy tax incentives under Second Substitute House Bill 1988 (2SHB 1988) and Engrossed Substitute Senate Bill 5714 (ESSB 5714) under chapter 296-140 WAC, Clean Energy Labor Standards Certification. 2SHB 1988 and ESSB 5714 allow for tax deferrals on investment projects in clean technology manufacturing, clean alternative fuels production, and renewable energy storage, as well as solar canopies when the project meets certain labor standards and is certified by L&I, supporting Washington?s clean energy economy and transitioning to a clean, affordable, and reliable energy future.
This adoption:
- Reorganizes and add terms to the definition section;
- Identifies which definitions apply to different sections of the chapter;
- Provides clarity on each type of qualifying clean energy project identified under the rules; and
- Expands language regarding good faith efforts to align with federal and Washington State Department of Transportation?s good faith efforts standards.
Effective date: June 23, 2023
The links below provide additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
Final Cost-Benefit Analysis (CBA)
Division:?Insurance Services (Health Services Analysis)
Topic:?Adoption (CR-103) ? Medical Aid Rules - Conversion Factors
Brief Description:?This rulemaking updates a conversion factor provided in WAC 296-20-135 and maximum daily fees provided in WAC 296-23-220 and WAC 296-23-230 for certain professional health care services for injured workers. Rule amendments are necessary to maintain current overall fees for health care services, which are published annually in the Medical Aid Rules and Fee Schedules.
These updates increase the Resource Based Relative Value Scale (RBRVS) conversion factor, increase the anesthesia conversion factor and increase the maximum daily caps to be consistent with the changes for other professional fees resulting from our RBRVS process and changes in the relative value units published by the Centers for Medicare and Medicaid Services.
Effective date: July 1, 2023
The links below provide additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
Division:?Field Services and Public Safety (Elevator Program)
Topic:?Preproposal (CR-101) ? Elevator Fee Corrections
Brief Description:?The purpose of this rulemaking is to consider corrections to the elevator fees under chapter 296-96 WAC, Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances. On October 18, 2022, L&I adopted an 8.5% increase to all elevator fees effective January 1, 2023, and January 1, 2024 (WSR 22-21-118). The fee increase was needed to support funding for a new Conveyance Management System. As a result of a typographical error, some of the fee implementation dates were incorrect. The fees affected include permits, inspections, and other services for conveyances. This rulemaking considers amendments to make corrections and for general housekeeping.
This link provides additional information about this rulemaking:
CR-101 Preproposal
Division:?Insurance Services (Employer Services)
Topic:?Preproposal (CR-101) ? Reporting and Classification Amendments for 2024
Brief Description:?The purpose of this rulemaking is to implement clear rule writing to ensure staff and customers can easily understand and apply the workers? compensation insurance classification and reporting rules. Classification Development studied some subclassifications for potential reduction in number, and reviewed classification and reporting rules for improvement and clarification. The purpose of this rulemaking is not to make substantive changes to how employers are classified and amendments will not impact employer rates.
L&I also intends to review chapter 296-17 WAC, General Reporting Rules, Audit and Recordkeeping, Rates and Rating System for Washington Workers? Compensation Insurance; and chapter 296-17A WAC, Classifications for Washington Workers? Compensation Insurance, for need, clarity, and consistency to make changes where possible to reduce the regulatory burden on employers insured with the State Fund.
Also as part of this rulemaking, L&I intends to respond to legislation that may require implementation.
This link provides additional information about this rulemaking:
CR-101 Preproposal
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