Rules filed June 20 and June 21, 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 20 and June 21, 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 of Occupational Safety & Health (DOSH)*

Topic:?*Proposal (CR-102) ? Process Safety Management (PSM)*

Brief Description:?The purpose of this rulemaking is to add a new Part B to chapter 296-67 WAC, Safety standards for process safety management of highly hazardous chemicals, which pertains specifically to process safety management (PSM) in petroleum refineries. The new Part B includes existing PSM requirements applicable to refineries updated with new requirements based on the best available evidence learned since the PSM rule was first adopted in 1992.

Public hearing date: August 10, 2023 (Bellingham) [ [link removed] ]
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?August 15, 2023 (Virtual and Telephonic) [ [link removed] ]
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?August 17, 2023 (Bellingham) [ [link removed] ]

A pre-hearing overview will occur one hour prior to the start of each public hearing.

Written comments due: August 24, 2023
Intended adoption date: October 17, 2023

Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]

Proposal Language [ [link removed] ]

Preliminary Cost-Benefit Analysis (CBA) [ [link removed] ]



Division:?*Field Services and Public Safety (Electrical Program)*

Topic:?*Adoption (CR-103) ? Electrical Rules (ESSB 5320 Implementation)*

Brief Description:?This rulemaking adopts amendments to the qualifications for 01 journey level electrician examinations under WAC 296-46B-945. Amendments to the rule are required to implement Engrossed Substitute Senate Bill 5320 [ [link removed] ] (ESSB 5320), Chapter 95, Laws of 2023. Until June 30, 2023, individuals may qualify for examination for the 01 journey level certification examination once they have completed 8,000 hours of on the job experience. Four thousand of those hours must be in electrical installations in industrial or commercial facilities under supervision. Experience may be gained through an approved apprenticeship program or on the job training. After June 30, 2023, ability to qualify for examination through on the job experience is amended by this adopted rule.

In 2018, Substitute Senate Bill 6126 [ [link removed] ] (SSB 6126) (Chapter 249, Laws of 2018) enacted registered apprenticeship requirements for 01 journey level certification examination candidates. To perform work limited to journey level electricians after July 1, 2023, trainees have to be registered apprentices. SSB 6126 gave L&I the authority, until July 1, 2025, to permit applicants that have obtained experience and training equivalent to a journey level apprenticeship program to take the examination, if the applicant had ?good cause? for not completing the minimum hours of work applicable on July 1, 2023 (RCW 19.28.195). On February 14, 2023, L&I adopted rules (WSR 23-05-073) to exercise this discretion and allow temporary alternative pathways to qualify for the 01 journey level electrician examination through a ?good cause? exemption beginning July 1, 2023.

This year, the legislature passed ESSB 5320, Chapter 95, Laws of 2023. ESSB 5320 expands eligibility requirements for journey level electrician examination candidates that take effect July 1, 2023, and removes L&I?s discretion to allow exceptions for ?good cause? as it is no longer needed. This rulemaking is necessary to update the adopted rule to prevent WAC 296-46B-945 from conflicting with the amended law, as a result of ESSB 5320.

*Effective date: July 3, 2023*

Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]

Adoption Language [ [link removed] ]



Division:?*Field Services and Public Safety (Contractor Registration Program)*

Topic:?*Expedited Proposal (CR-105) ? Contractor Registration - Phase 1 (2SHB 1534 Implementation)*

Brief Description:?The purpose of this expedited rulemaking is to propose amendments to the conditions for denying a contractor?s application for registration, renewal or reinstatement under WAC 296-200A-041. The amendments to the rule are required to implement Second Substitute House Bill 1534 (2SHB 1534), Chapter 213, Laws of 2023. 2SHB 1534 establishes new conditions for denial of contractor registrations when an applicant is a successor to a business entity with unsatisfied final judgements and for minor status. The provisions take effect July 23, 2023. This expedited rulemaking proposes amendments for uniformity with the statute.

Specifically, the proposed rule:


* Adds language that a contractor?s application for registration, renewal or reinstatement must be denied if: (1) The applicant is under 18 years of age at the time of application; or (2) The applicant is a successor to an entity that has an unsatisfied final judgement against it for work performed under chapter 18.27 RCW or owes money to L&I for assessed penalties or fees as a result of a final judgement.
* Allows an exception for denial of a registration for successors to an entity with unsatisfied final judgements.
* Includes amendments for housekeeping to renumber subsections.

2SHB 1534 amends and adds new sections under chapter 18.27 RCW with various effective dates. L&I plans to develop rules over several phases of rulemaking for consistency with the statute. This rulemaking is the first phase.

Labor & Industries believes the expedited rulemaking process is appropriate because the amendments result from 2023 legislation.

Written objections due by: August 21, 2023

Additional information about this rulemaking:
CR-105 Expedited Proposal [ [link removed] ]

Proposal Language [ [link removed] ]



Division:?*Insurance Services (Employer Services)*

Topic:?*Preproposal (CR-101) ? Industrial Insurance Premium Rates for 2024*

Brief Description:?Labor & Industries is required by law to establish and maintain a workers? compensation classification plan, and to set premium rates that are: 1) the lowest necessary to maintain actuarial solvency of the accident and medical aid funds; and 2) designed to attempt to limit fluctuations in premium rates. The plan must be consistent with recognized principles of insurance. L&I is also required by law to offer retrospective rating plans to employers as a further incentive to encourage workplace safety and prevent employee injury.

Additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]



Division:?*Insurance Services (Legal Services)*

Topic:?Preproposal (CR-101) ? Independent Medical Examination (IME) Notification Process - Accompanying Person (SHB 1068 Implementation)

Brief Description:?Substitute House Bill 1068 [ [link removed] ] (SHB 1068), from the 2023 legislative session, allows a worker to audio and visually record an independent medical examination (IME), and included an observer may be present for all examinations with the worker. The updated statute, RCW 51.36.070, requires the department create rules defining the notification process the worker must follow when they want to record an IME. One existing rule, WAC 296-23-362, states an observer may not attend a psychiatric examination. This rule needs to be updated as the amended statute includes an observer may be present for all examinations.

A separate rulemaking was initiated on June 6, 2023, under WSR 23-12-072 [ [link removed] ] to address the repeal of the requirement under WAC 296-23-367 that prohibits workers from videotape or audio tape of independent medical examination by the worker.

Additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]



Division:?*Insurance *Services (Retrospective Rating Program)**

Topic: *Proposal (CR-102) ? Retrospective Rating Insurance Tables Update*

Brief Description:?The purpose of this rulemaking is to update the Retrospective Rating Insurance Tables in chapters 296-17 and 296-17B WAC. The proposed changes will maintain equity and fairness in the Retrospective Rating Program. When WAC 296-17B-010 was updated in 2017, L&I made a commitment to repeat the studies that resulted in the hazard group assignments and changes to retrospective plan tables. ?The repeated studies will determine whether the results are consistent with the expectation of improved fairness in the distribution of the retrospective rating refunds among participants. These repeated studies will be done by April 1, 2020. The department will evaluate and if necessary update the tables beginning at WAC 296-17B-910 every five years.? (WSR 17-12-020)

Public hearing date: July 25, 2023 (Virtual and Telephonic) [ [link removed] ]

Written comments due: July 25, 2023
Intended adoption date: August 22, 2023

Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]

Proposal Language [ [link removed] ]








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