The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed?September 19, 2023
For information on all L&I meetings and public hearings related to rulemaking, please visit our?public participation calendar.
Division:?Insurance Services (Employer Services)
Topic:?Proposal (CR-102) ? Industrial Insurance Premium Rates for 2024
Brief Description:?The proposed rule amends the tables of classification base premium rates, experience rating plan parameters, and experience modification factor calculation limitations for the workers? compensation insurance program for calendar year 2024. Classification base rates were updated to align with expected losses. The department proposes a 4.9% overall average premium rate change.
Washington employers continue to deal with uncertainties associated with the pandemic and the global economy. In light of that, L&I is proposing an overall average rate increase of 4.9% to ensure premiums to cover most of the expected costs of 2024 claims. This increase is below the indicated break-even rate and consistent with our rate-making principle of keeping rates steady and predictable. This rate increase is required to partially account for three consecutive years of higher-than-normal increases in the state?s average wage. The department is able to minimize the increase for this upcoming year thanks to previous investment earnings that benefit the workers? compensation contingency reserve (surplus).
The proposed rule is also notice that the Director intends to transfer the amount of the accident and medical-aid funds combined that exceed 10% of funded liabilities as required by RCW 51.44.023.
The proposed rule also recommends repealing WAC 296-17-871 Director?s discretion for incurred losses on claims with vocational plans, as this rule became obsolete with the 2015 amendment to RCW 51.32.096 Vocational rehabilitation benefits and options ? Advisory committee ? Procedures ? Requirements ? Definitions ? Costs. The amendment to RCW 51.32.096 clarified that the vocational costs paid from the medical aid fund may not be charged to the state fund employer?s cost experience, which was the intent of WAC 296-17-871 when created in 2010.
Public hearing dates:?
October 26, 2023 (Tumwater, Virtual, and Telephonic)
October 27, 2023 (Spokane Valley)
October 31, 2023 (Yakima)
Written comments due: October 31, 2023
Intended adoption date: November 30, 2023
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Division:?Division of Occupational Safety & Health (DOSH)
Topic:?Adoption (CR-103) ? Temporary Worker Housing (TWH)
Brief Description:?Labor & Industries, in conjunction with the Washington State Department of Health (DOH), filed Permanent Rulemaking under chapter 296-307 WAC, Safety Standards for Agriculture, to address the hazards of communicable diseases amongst occupants residing in temporary worker housing (TWH). RCW 70.114A.065 directs DOH and L&I to adopt joint rules for the licensing, operation and inspection of temporary worker housing. DOH filed permanent rules under chapter 246-358 WAC, Temporary Worker Housing.
Effective date: November 1, 2023
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Final Cost-Benefit Analysis (CBA)
Concise Explanatory Statement (CES)
Division:?Field Services and Public Safety (Factory Assembled Structures Program)
Topic:?Preproposal (CR-101) ? Factory Assembled Structures (HB 1514 & SB 5089 Implementation)
Brief Description:?The purpose of this rulemaking is to implement House Bill 1514 (HB 1514), Chapter 78, Laws of 2023; and Senate Bill 5089 (SB 5089), Chapter 36, Laws of 2023. Labor & Industries is considering amendments to the factory assembled structures (FAS) rules under chapter 296-49A WAC, Director?s Factory Assembled Structures Advisory Board; Chapter 296-150P WAC, Recreational park trailers; and Chapter 296-150R WAC, Recreational vehicles. The changes would affect L&I?s FAS Advisory Board, and distributing inspection insignia to manufacturers of recreational vehicles.
HB 1514 streamlines the plan review process. It allows manufacturers of recreational vehicles (RV) and recreational park trailers to request and purchase insignia while their plans are under review by L&I?s FAS Program. SB 5089 was an L&I request bill that amends membership for the FAS Advisory Board. Amendments will include technical and clean-up changes under chapters 43.22 and 43.22A RCW.
Additional information about this rulemaking:
CR-101 Preproposal
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