Rules filed June 6, 2023



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washington state department of labor and industries - updates from l and i - www dot l n i dot w a dot gov - 3609025800 [ [link removed] ]
The Department of Labor & Industries (L&I)?updated its rulemaking website

Rules filed *June 6, 2023*

For information on all L&I meetings and public hearings related to rulemaking, please visit our?public participation calendar [ [link removed] ]. [ [link removed] ]



Division:?*Division: Insurance Services (Employer Services)*

Topic:?Adoption (CR-103) ? Retro Fatality 2023 Rates - Correction to Calculation

Brief Description:?This rulemaking corrects a typographical error in the Retrospective rating (Retro) fatality calculation from $33,500 to $35,000 for medical aid incurred loss under WAC 296-17B-540, Determining loss incurred for each claim.

*Effective date: July 7, 2023*

These links provide additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]

Adoption Language [ [link removed] ]



Division:?Insurance Services (Legal Services)

Topic:?Expedited Proposal (CR-105) ? Independent Medical Examination (IME) Recordings (Repeal)

Brief Description:?The purpose of this expedited rulemaking is to repeal WAC 296-23-367, May the worker videotape or audiotape the independent medical examination? Substitute House Bill 1068 (SHB 1068) was adopted into law by the legislature effective July 23, 2023, requiring current rules be updated to align with changes made to RCW 51.36.070. The statute indicates workers have the right to record the audio, video or both, of all independent medical examinations ordered under this statute, RCW 51.32.110, and by the Board of Industrial Insurance Appeals. The current rule states video and audio recording for an independent medical examination is not allowed.

Labor & Industries believes the expedited rulemaking process is appropriate because the statute update invalidates the rule, so it must be repealed.

*Written objections due by: August 7, 2023*

These links below provide additional information about this rulemaking:
CR-105 Expedited Proposal [ [link removed] ]

Proposal Language [ [link removed] ]



Division:?Field Services and Public Safety (Factory Assembled Structures Program)

Topic:?Preproposal (CR-101) ? Factory Assembled Structures (FAS) Fee Increase

Brief Description:?The purpose of this rulemaking is to consider increasing fees by the fiscal growth factor for factory-assembled structures to cover increased operating costs and new technology improvements for the Factory Assembled Structures Program. The current fee levels are insufficient to cover current FAS Program expenses. The fee increase is necessary to ensure that revenues match expenditures, otherwise service levels may need to be reduced.

This link provides additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]








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Washington State Department of Labor & Industries ??7273 Linderson Way SW???Tumwater WA 98501