Rules filed October 3, 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

The Department of Labor & Industries (L&I) updated its rulemaking website

Rules filed?October 3, 2023

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

Division:?Fraud Prevention and Labor Standards (Employment Standards)

Topic:?Proposal (CR-102) ? Paid Sick Leave, including Provisions that Apply to Certain Construction Workers (ESSB 5111 Implementation)

Brief Description:?Engrossed Substitute Senate Bill 5111 (ESSB 5111), from the 2023 legislative session, amends RCW 49.46.210 and 49.46.180 to require payment for accrued and unused sick leave for certain construction workers. The proposed rules are needed to clarify and enforce the new requirements. Additional rules are needed to address existing statutory requirements in RCW 49.46.180, as well as general cleanups of the paid sick leave rules under chapter 296-128 WAC.

Public hearing dates: November 7, 2023 (Tumwater)
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?November 8, 2023 (Virtual and Telephonic)

Written comments due: November 9, 2023
Intended adoption date: November 21, 2023

Additional information about this rulemaking:?
CR-102 Proposal
Proposal Language

Division:?Fraud Prevention and Labor Standards (Prevailing Wage Program)

Topic:?Expedited Proposal (CR-105) ? Prevailing Wage - Intents and Affidavits (2SSB 5268 Implementation)

Brief Description:?Second Substitute Senate Bill 5268 (2SSB 5268), from the 2023 legislative session, modifies the statute related to small works roster and limited public works requirements. The amendment to RCW 39.12.040, Statement of Intent to Pay Prevailing Wages, changes the threshold amount for awarding agencies wanting to utilize the alternate filing procedures (combined intent & affidavit form) on public works projects up to $5,000 from the current $2,500, effective July 1, 2024.

The purpose of this expedited rulemaking is to update the threshold amount in WAC 296-127-050 from the $2,500 threshold used by awarding agencies of the alternate filing procedures (combined intent & affidavit form) on public works projects, to be consistent with recent changes to RCW 39.12.040. In order to avoid future rulemaking if the amounts are changed in statue in the future, L&I is proposing to remove the dollar amounts in rule and cross reference directly to the statute (RCW 39.12.040).

L&I is using expedited rulemaking because the proposed amendments change the threshold on the use of the alternate filing procedures (combined intent & affidavit form) on public works projects without material change as required under RCW 39.12.040.

Written objections due by: December 4, 2023

Additional information about this rulemaking:
CR-105 Expedited Proposal
Proposal Language


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