Rules filed March 5, 2024



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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 March 5, 2024

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



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

Topic: *Proposal (CR-102) ? Voluntary Use of Personal Protection Equipment (PPE)*

Brief Description:?The purpose of this rulemaking is to update chapters 296-155, 296-307 and 296-800 WAC, to allow the voluntary use of personal protective equipment (PPE) when workers feel the need to protect themselves from noise, dust, or possible infectious or contagious diseases. The voluntary use of PPE must not introduce hazards to the work environment and any PPE, including facial coverings, must not interfere with an employer?s security requirements.

Public hearing dates: April 23, 2024 (Spokane) [ [link removed] ]
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?April 30, 2024 (Tukwila) [ [link removed] ]
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?May 2, 2024 (virtual/telephonic) [ [link removed] ]

*Written comments due: May 17, 2024*
Intended adoption date: June 4, 2024

Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]
Preliminary Cost-Benefit Analysis (CBA) [ [link removed] ]



Division: Division of Occupational Safety & Health (DOSH)

Topic: Proposal (CR-102) ? Safety Standards for Quotas for Warehouse Distribution Centers (2SHB 1762 Implementation)

Brief Description:?The purpose of this rulemaking is to implement Second Substitute House Bill 1762 [ [link removed] ] (2SHB 1762), codified under chapter 49.84 RCW [ [link removed] ]. The proposed rule will create new protections for warehouse distribution center workers who are subject to performance quotas. The Division of Occupational Safety and Health (DOSH) shares responsibility for enforcing 2SHB 1762 with L&I?s Fraud Prevention and Labor Standards (FPLS) division, which is conducting separate but coordinated rulemaking.

DOSH?s proposed rules provide clarification on the occupational health and safety standards for quotas created by 2SHB 1762 and describe how L&I will enforce the requirements of the bill. The anticipated effective date is July 1, 2024.

Public hearing dates: April 9, 2024 (Spokane) [ [link removed] ]
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?April 11, 2024 (virtual/telephonic) [ [link removed] ]
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?April 15, 2024 (Tukwila) [ [link removed] ]

*Written comments due: April 22, 2024*
Intended adoption date: May 31, 2024

Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]
Preliminary Cost-Benefit Analysis (CBA) [ [link removed] ]



Division: Fraud Prevention and Labor Standards (Employment Standards)

Topic: Proposal (CR-102) ? Labor Standards for Quotas at Warehouse Distribution Centers (2SHB 1762 Implementation)

Brief Description: The purpose of this rulemaking is to implement Second Substitute House Bill 1762 [ [link removed] ] (2SHB 1762), codified under chapter 49.84 RCW [ [link removed] ]. The proposed rule will create new protections for warehouse distribution center workers who are subject to performance quotas. Fraud Prevention and Labor Standards (FPLS) shares responsibility for enforcing 2SHB 1762 with L&I?s Division of Occupational Safety and Health (DOSH), which is conducting separate but coordinated rulemaking.

FPLS?s proposed rule provide clarification on the labor standards for quotas created by 2SHB 1762 and describe how L&I will enforce the requirements of the bill. The anticipated effective date is July 1, 2024.

Public hearing dates: April 9, 2024 (Spokane) [ [link removed] ]
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?April 11, 2024 (virtual/telephonic) [ [link removed] ]
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?April 15, 2024 (Tukwila) [ [link removed] ]

*Written comments due: April 22, 2024*
Intended adoption date: May 31, 2024

Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]
Preliminary Cost-Benefit Analysis (CBA) [ [link removed] ]



Division: Fraud Prevention and Labor Standards (*Prevailing Wage)*

Topic: Expedited Proposal (CR-105) ? Prevailing Wage - Housekeeping

Brief Description: The purpose of this expedited rulemaking is to amend four sections in chapter 296-127 WAC, Prevailing Wage:


* WAC 296-127-010 Definitions for chapter 296-127 WAC: Update the ?residential construction? definition to align with the definition for ?residential construction? in RCW 39.12.017 which was created with the passage of House Bill 1743.
* WAC 296-127-140 Investigation of complaint: Update language related to L&I?s acceptance timeline of a complaint concerning the nonpayment of the prevailing rate of wage by changing the acceptance date from 30 to 60 days for public works projects. This change aligns the section with RCW 39.12.065, which was amended with the passage of Senate Bill 5088.
* WAC 296-127-160 Appeal of notice of violation: Eliminate the need to submit four copies of the request for a hearing. This change aligns with current L&I practice and reduces paperwork.
* WAC 296-127-320 Payroll: Align section with RCW 39.12.120, which requires weekly certified payroll records be filed at least once a month using L&I?s online system. RCW 39.12.120 was created with the passage of Engrossed Substitute Senate Bill 5035.

L&I is utilizing expedited rulemaking because it is necessary to align rule language with recent changes to the language of the source RCWs from which the WAC language is derived. This expedited rulemaking proposal also reduces unnecessary duplicates of requests for hearing and appropriately matches current internal L&I operations, which also benefits stakeholders.

*Written objections due by: May 6, 2024*

Additional information about this rulemaking:
CR-105 Expedited Proposal [ [link removed] ]
Proposal Language [ [link removed] ]








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