The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed?September 5, 2023
For information on all L&I meetings and public hearings related to rulemaking, please visit our?public participation calendar.
Division:?Division of Occupational Safety & Health (DOSH)
Topic:?Expedited Proposal (CR-105) ? Surgical Smoke (SHB 1779 Implementation)
Brief Description:?The purpose of this expedited rulemaking is to propose a new part (R-1 ? Surgical Smoke) to Chapter 296-62 WAC, General Occupational Health Standards. The new part is necessary for L&I to implement and enforce Substitute House Bill 1779 (SHB 1779), passed by the Washington State legislature in 2022 (codified as RCW 49.17.500), which becomes effective January 1, 2024. SHB 1779 requires hospitals and ambulatory surgical centers to adopt and adhere to policies covering the use of smoke evacuation systems to protect workers who may be exposed to surgical smoke. Surgical smoke is a mixture of particulates, vapors, and gases released by energy generating medical devices. Devices utilize lasers, electricity, heat, or plasma to cut, remove, or adhere body tissues. Smoke is irritating and may include toxic or infectious components. Evacuation systems utilize a suction system, which may be incorporated into the surgical tool, to capture the smoke and filter or exhaust it away from workers and patients.
The proposed rule adopts language from RCW 49.17.500 and provides clarity regarding which employers are covered under the scope. RCW 49.17.500 states the law does not apply to hospitals with fewer than 25 acute care beds in operation. L&I interprets ?in operation? as ?licensed? beds to make sure the rule applies to the correct facilities. The rulemaking is needed to ensure hospitals and ambulatory surgical centers understand what requirements they must meet in regard to employee exposure to surgical smoke. The rulemaking is also needed for L&I to implement and enforce the requirements established by RCW 49.17.500.
L&I is using expedited rulemaking because the new rule language proposed under chapter 296-62 WAC, Part R-1, adopts without material change the workplace safety and health requirements described under RCW 49.17.500.
Written objections due by: November 6, 2023
Additional information about this rulemaking:
CR-105 Expedited Proposal
Proposal Language
Division:?Insurance Services (Legal Services)
Topic:?Proposal (CR-102) ? Presumptive Coverage of PTSD as an Occupational Disease for Direct Care Registered Nurses (2SSB 5454 Implementation)
Brief Description:?The purpose of this rulemaking is to propose amendments to WAC 296-14-300, Mental condition/mental disabilities, to add direct care registered nurses to the presumption that posttraumatic stress disorder is an occupational disease as provided by Second Substitute Senate Bill 5454 (2SSB 5454), Chapter 370, Laws of 2023. 2SSB 5454 resulted in updates to RCW 51.08.142 and added a new section to chapter 51.32 RCW. This rulemaking proposes to amend the existing rule to conform with the updated law regarding PTSD coverage under workers? compensation. The bill provides a prima facie presumption for direct care registered nurses covered under workers? compensation that occupational PTSD is caused by their work.
Public hearing date: October 17, 2023 (Tumwater, Virtual, and Telephonic)
Written comments due: October 17, 2023
Intended adoption date: December 19, 2023
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Division:?Insurance Services (Self-Insurance Program)
Topic:?Preproposal (CR-101) ? Self-Insured Good Faith and Fair Dealing (SHB 1521 Implementation)
Brief Description:?The purpose of this rulemaking is to implement Substitute House Bill 1521 (SHB 1521), Chapter 293, Laws of 2023. SHB 1521 adds a new section to chapter 51.14 RCW, which explicitly requires the L&I to ?adopt by rule additional applications of the duty of good faith and fair dealing as well as criteria for determining appropriate penalties for violations?. It also adds that an employer that violates the duty of good faith and fair dealing three times within a three-year period shall be decertified. Good faith and fair dealing in this context refers to the administration of workers? compensation benefits. Rules on this subject seek to protect the best interests of impacted workers by ensuring that they are free from coercion or other unfair practices regarding industrial insurance benefits that may be due to them.
This rulemaking will establish:
- a ?good faith and fair dealing? standard for self-insured employers and their Third-Party Administrators (TPAs);?
- criteria for determining the appropriate penalty amount for self-insured penalties;?
- criteria for decertification, including corrective action, of a self-insured employer;?
- criteria for providing benefits for workers if an employer is decertified, including payment of benefits if the employer had not provided a surety.
Labor & Industries is tasked with adopting rules with consideration to ?recognized and approved claim processing practices within the insurance industry, the department?s own experience, and the industrial insurance and insurance laws and rules of this state?, among other factors.
Additional information about this rulemaking:
CR-101 Preproposal
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