Rules filed October 10 and October 11, 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 October 10 and October 11, 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:?*Field Services and Public Safety (Boiler Program)*

Topic:?*Preproposal (CR-101) ? Boiler Rules and Fee Increases (FY25)*

Brief Description:?The Board of Boiler Rules and Department of Labor & Industries are considering amendments to the boiler rules for updates, clarification, and other changes. The changes affect safety codes, installer and clearance requirements, and fees under chapter 296-104 WAC, Board of Boiler Rules - Substantive. The Board of Boiler Rules reviews the rules on a regular basis to ensure the rules are consistent with national boiler and unfired pressure vessel safety standards and industry practice.

The rule amendments under consideration include:


* Increasing fees by the fiscal growth factor to support operating expenses.
* Making installers responsible for correcting deficiencies found on initial inspection and paying subsequent inspection fees.
* Updates for consistency with safety codes from the current editions of the National Board Inspection Code (NBIC) and American Society of Mechanical Engineers (ASME). This includes:
* Removing an outdated reference for relief devices.
* Adding new standards for over pressure protection and pressure relief devices.

* Making amendments to the clearance requirements for installations of boilers and pressure vessels.

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



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

Topic:?*Preproposal (CR-101) ? Contractor Registration (2SHB 1534 Implementation - Phase 2)*

Brief Description:?The purpose of this rulemaking is to amend the Contractor Registration rules to implement legislation and to support operating expenses for the Contractor Registration Program (Program). The amendments affect the definitions, penalty and bond amounts, and fees for general and specialty contractors.?

2023?s Second Substitute House Bill 1534 [ [link removed] ] (2SHB 1534) (Chapter 213, Laws of 2023) helps to strengthen protections for consumers in the construction industry. Provisions of the bill increase fines, penalties, and bond amounts for contractors. These provisions take effect July 1, 2024. ?

2019?s Senate Bill 5795 [ [link removed] ] (SB 5795) (Chapter 155, Laws of 2019) increases bond requirements for contractors. The law gives L&I the authority to require up to three times the normal bond amount if there has been one judgment against a contractor involving a residential single-family dwelling. The law took effect July 28, 2019.

The rule amendments under consideration include:


* Increasing fees by the fiscal growth factor.
* Making amendments for consistency with the statutory amendments under 2SHB 1534. This includes:
* Defining the meaning of ?due diligence? related to a successor of an entity verifying the entity is in good standing related to 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.
* Increasing surety bond amounts for general and specialty contractors.
* Increasing the monetary penalty amounts for infractions by contractors.

* Making amendments to contractor bond requirements for final judgements for consistency with the statutory amendments under SB 5795.
* Making amendments for updates and clarification. These include:
* Clarifying the existing filing fee for suits against a contractor.
* Clarifying the requirements for collection of penalties from a contractor and payments of restitution.?

This rulemaking also considers increasing fees by the fiscal growth factor, including updates and clarification amendments. The fees affected include the issuance, renewal, reregistration, and reinstatement of registration certificates, and other services for Contractor Registration. The current fee levels are not adequate to cover current Program expenses. A fee increase will ensure the Programs? revenues match expenditures.

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



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

Topic:?*Preproposal (CR-101) ? Labor Standards for Quotas at Warehouse Distribution Centers (2SHB 1762 Implementation)*

Brief Description:?The purpose of this rulemaking is to implement 2023?s Second Substitute House Bill 1762 [ [link removed] ] (2SHB 1762), codified under chapter 49.84 RCW, which addresses protections for employees at warehouse distribution centers who are subject to quotas.

Chapter 49.84 RCW includes the following requirements:


* Provide written notices to employees of quotas they are subject to.
* Provide employees their personal work speed data and work speed data for similar employees at the same location when requested.
* Ensure time considered in the quota include:
* Time for rest breaks and reasonable time to travel to designated locations for rest breaks.
* Reasonable travel time to on-site designated meal break locations.
* Time to perform any activity required by the employer in order to do the work subject to any quota.

* Prohibits adverse actions against an employee for failure to meet a quota in violation of the requirements.
* Prohibits adverse action against an employee for exercising their rights under chapter 49.84 RCW, including requesting information on quotas and making a complaint related to alleged quota violations. There is a rebuttal presumption that adverse action taken within 90 days of an employee complaint that the adverse action was retaliatory.

Chapter 49.84 RCW also provides for L&I enforcement of the above requirements.

L&I?s Fraud Prevention and Labor Standards (FPLS) Division must adopt rules under the Washington Administrative Code (WAC) to implement and enforce the requirements related to warehouse workers quotas under chapter 49.84 RCW.

Other requirements related to warehouse workers quotas under chapter 49.84 RCW are enforced by Division of Occupational Safety and Health (DOSH), and those requirements are being adopted under a separate rulemaking but the rulemaking efforts will be jointly coordinated.

Chapter 49.84 RCW becomes effective July 1, 2024.

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



Division:?*Division of Occupational Safety & Health (DOSH)*

Topic:?*Preproposal (CR-101) ? Safety Standards for Quotas at Warehouse Distribution Centers (2SHB 1762 Implementation)*

Brief Description:?The purpose of this rulemaking is to implement 2023?s Second Substitute House Bill 1762 [ [link removed] ] (2SHB 1762), codified under chapter 49.84 RCW, which addresses protections for employees at warehouse distribution centers who are subject to quotas. In part, chapter 49.84 RCW includes requirements enforced under the Washington Industrial Safety and Health Act, chapter 49.17 RCW.

These include the following requirements:


* Ensure time considered in the quota include:
* Time to use the bathroom, including reasonable travel time.
* Time to take any actions necessary for the employee to exercise the employee's right to a safe and healthful workplace including but not limited to time to access tools or safety equipment necessary to perform the employee's duties.
* Time to perform of any activity related to safety and health required by the employer for the employee to do the work subject to any quota.

* Ensure a quota does not expose an employee to safety and health hazards.?
* Prohibits adverse action against an employee for failure to meet a quota that violates the safety and health requirements above.?
* Prohibits adverse action against an employee for making a complaint related to a quota violating the safety and health requirements. There is a rebuttal presumption that adverse action taken within 90 days of an employee complaint that the adverse action was retaliatory.

L&I?s Division of Occupational Safety and Health (DOSH) must adopt rules under the Washington Administrative Code (WAC) to implement and enforce the requirements related to warehouse workers quotas under chapter 49.84 RCW.

Other requirements related to warehouse workers quotas under chapter 49.84 RCW are enforced by the Fraud Prevention and Labor Standards (FPLS) Division, and those requirements are being adopted under a separate rulemaking but the rulemaking efforts will be jointly coordinated.

Chapter 49.84 RCW becomes effective July 1, 2024.

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








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