Rules filed March 19, 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 19, 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: *Expedited Proposal (CR-105) ? High Hazard Facilities Appendix Update*

Brief Description:?The purpose of this expedited rulemaking is to create new section WAC 296-71-060, Appendix A: Training course content ? Nonmandatory. The appendix is currently located in WAC 296-71-050, making it hard to find for readers utilizing training course content. The original version of the appendix was published in WSR 22-19-101 [ [link removed] ]. L&I worked with stakeholders in November 2022 to make some clarifications to the appendix, which helped assist training providers preparing curriculum and avoid unintended jurisdiction issues. An updated version of Appendix A is posted on L&I?s High Hazard Facilities Certification webpage [ [link removed] ], and, if this proposal is adopted, will be located in the new WAC section. References to Appendix A in WAC 296-71-030 will also be updated. This update does not affect existing courses that have already been approved by L&I.

L&I determined that expedited rulemaking is appropriate because this rulemaking is proposing to move the appendix table into its own rule section without making any material changes to the language, and to update references in Chapter 296-71 WAC.

*Written objections due by: May 20, 2024*

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



Division: *Field Services and Public Safety (Electrical Program)*

Topic: *Adoption (CR-103) ? Electrical Fees Increase (FY25)*

Brief Description:?This rulemaking increases the electrical fees by 6.40% to support operating expenses for the Electrical Program. The fee increase under Chapter 296-46B WAC, Electrical safety standards, administration, and installation, is the maximum allowable fiscal growth factor rate by the state Office of Financial Management for fiscal year 2025. The current fee levels are insufficient to cover current Program expenses. The fee increase is needed to ensure that revenues match expenditures.

This rulemaking also removes the fee for printed copies of the electrical laws and rules. L&I is no longer providing printed copies, as electronic versions are available online. Removing the fee will ensure the rule is up-to-date and aligns with requirements.

*Effective date: July 1, 2024*

Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
Concise Explanatory Statement (CES) [ [link removed] ]



Division: *Field Services and Public Safety (Factory Assembled Structures Program)*

Topic: *Proposal (CR-102) ? Factory Assembled Structures (HB 1514 & SB 5089 Implementation)*

Brief Description:?The purpose of this rulemaking is to implement House Bill 1514 [ [link removed] ] (HB 1514), Chapter 78, Laws of 2023; and Senate Bill 5089 [ [link removed] ] (SB 5089), Chapter 36, Laws of 2023. Labor & Industries is proposing 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 proposed amendments affect L&I?s FAS Advisory Board, and distributing inspection insignia to manufacturers of recreational vehicles.

HB 1514 allows recreational vehicles (RV?s) and recreational park trailer manufacturers with an agency approved Quality Control Program to request and purchase insignia while their plans are under review by the FAS Program.

SB 5089 was an L&I request bill that amends membership for the FAS Advisory Board. Amendments include:


* Increasing the number of board members from nine to at least 11;?
* Adding a representative for allied trades such as electricians, plumbers and contractors;?
* Adding diversity considerations for Board appointments; and?
* Requiring members to apply for reappointment if serving consecutive terms.?

The new statutory amendments also make technical and clean-up changes under Chapters 43.22 and 43.22A RCW.

Public hearing date: April 29, 2024 (Tumwater/Virtual/Telephonic) [ [link removed] ]
Written comments due: April 29, 2024
Intended adoption date: June 18, 2024

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



Division: *Insurance Services (Health Services Analysis)*

Topic: *Proposal (CR-102) ? Medical Aid Rules - Conversion Factors*

Brief Description:?The purpose of this proposed rulemaking is to update the Medical Aid Rules rates for most professional health care services for injured workers. These rules are updated continually to follow the established methodologies of L&I and maintain consistency with the Health Care Authority and Medicaid Purchasing Administration. This rulemaking will (1) increase the conversion factor used to calculate payment for anesthesia services; and (2) increase the maximum daily payment for physical and occupational therapy.

Public hearing date: April 23, 2024 (Virtual/Telephonic) [ [link removed] ]
Written comments due: April 23, 2024
Intended adoption date: May 31, 2024

Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]








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