The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed August 22, 2023
For information on all L&I meetings and public hearings related to rulemaking, please visit our?public participation calendar.
Division:?Field Services and Public Safety (Contractor Registration Program)
Topic:?Adoption (CR-103) ? Contractor Registration - Phase 1 (2SHB 1534 Implementation)
Brief Description:?This rulemaking adopts conditions for denying a contractor?s application for registration, renewal or reinstatement under WAC 296-200A-041. Second Substitute House Bill 1534 (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 took effect July 23, 2023. This rulemaking adopts amendments for uniformity with the statute.
The adopted rule:
- Allows a contractor?s application for registration, renewal or reinstatement to 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.
Effective date: August 22, 2023
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Division:?Field Services and Public Safety (Elevator Program)
Topic:?Adoption (CR-103) ? Elevator Rules (Safety Codes)
Brief Description:?This rulemaking adopts new safety codes for elevators and other conveyances under chapter 296-96 WAC. L&I?s Elevator Program reviewed the existing rules to adopt new safety codes from the 2019 edition of the American Society of Mechanical Engineers (ASME) A17.1/CSA B44 - 2019, Safety Code for Elevators and Escalators, and other related codes. The review process included an opportunity for elevator stakeholders to participate in the review of the existing rules, submit proposals for amendments, and provide recommendations to L&I on proposals. A Technical Advisory Committee (TAC), consisting of multiple industry representatives, and the Elevator Safety Advisory Board (ESAC) reviewed the proposals and provided advice to L&I on adoption of the rules. This rulemaking is necessary to update the rules with the latest safety code requirements, so Washington State is consistent with the national consensus codes that govern conveyances. Additionally, other amendments to this chapter were needed to bring the rules up-to-date and to adopt amendments requested by stakeholders.
Effective date: October 2, 2023?
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Final Cost-Benefit Analysis (CBA)
Concise Explanatory Statement (CES)
Division:?Insurance Services (Employer Services)
Topic:?Proposal (CR-102) ? 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 increase employer rates. L&I reviewed these chapters for need, clarity, and consistency to make changes where possible to reduce the regulatory burden on employers insured with the State Fund.
Also as a part of this rulemaking, L&I proposes updating the trucking reporting and classification rules based on recommendations from a cross-divisional workgroup. These updates propose clarifying L&I?s practice of determining interstate or intrastate trucking based on where the driver drives rather than the location of the load being hauled.
Lastly, L&I proposes changing the word ?servant? to ?worker? in Classification 6510 Domestic servants/home care assistance employed in or about the private residence of a home owner, as ?worker? is a more respectful term. L&I received requests from industry to change this language. We look forward to any opportunity in the future to update RCW 51.12.020 to make the same improvement.
Public hearing dates: September 26, 2023 (Virtual and Telephonic)
Written comments due: September 26, 2023
Intended adoption date: November 21, 2023
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Division:?Insurance Services (Retrospective Rating Program)
Topic:?Adoption (CR-103) ? Retrospective Rating Insurance Tables Update
Brief Description:?This rulemaking updates the Retrospective Rating Insurance Tables in chapters 296-17 and 296-17B WAC. The adopted changes will maintain equity and fairness in the Retrospective Rating Program.
Effective date: October 1, 2023
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
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