Rules filed July 2, 2024
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The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed *July 2, 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) – Unified Safety Standards for Fall Protection
Brief Description: The purpose of this rulemaking is to update Chapter 296-880 WAC, Unified safety standards for fall protection. In May 2023, the Division of Occupational Safety and Health (DOSH) received notification from the Federal Occupational Safety and Health Administration (OSHA) relating to DOSH’s fall protection standard. The notification advised L&I of needed amendments to the fall protection rule in order to be at least as effective as those administered by OSHA. This rulemaking will consider changes to sections of the current fall protection rule that address leading edge work, safety monitor system requirements, and roofing activity on low pitched roofs to make them at least as effective as OSHA, as required by the Washington State Plan.
The proposed language was originally filed under the expedited (CR-105) rulemaking process (WSR 24-04-090 [ [link removed] ]) on February 6, 2024. L&I received a timely objection to that expedited rulemaking filing requiring L&I to file a CR-102 and engage in the standard rulemaking process under the Administrative Procedures Act.
Public hearing date: August 8, 2024 (Virtual/Telephonic) [ [link removed] ]
Written comments due by: August 16, 2024, 5:00 p.m.
Intended adoption date: September 3, 2024
Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]
Division: *Fraud Prevention and Labor Standards (Prevailing Wage)*
Topic: *Proposal (CR-102) – Prevailing Wage - Housekeeping*
Brief Description: The purpose of this rulemaking is to amend three rule sections under Chapter 296-127 WAC, Prevailing wage, to bring them into alignment with amendments made to the underlying statutes they help to interpret and enforce. These changes reflect requirements in law and do not affect the purpose of the rule sections. This rulemaking would also amend one additional rule section to align with current L&I practice.
This proposal includes amending the following sections in rule:
* 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 (HB 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. Change 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 (SB 5088).
* WAC 296-127-160 Appeal of notice of violation: Eliminate the need to submit four copies of the request for a hearing. This aligns with current L&I practice and reduces paperwork.
* WAC 296-127-320 Payroll: Update language to align 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 (ESSB 5035).
The proposed language was originally filed under the expedited (CR-105) rulemaking process (WSR 24-06-070 [ [link removed] ]) on March 5, 2024. L&I received a timely objection to that expedited rulemaking filing requiring L&I to file a CR-102 and engage in the standard rulemaking process under the Administrative Procedures Act.
Public hearing date: August 15, 2024 (Virtual/Telephonic) [ [link removed] ]
Written comments due by: August 15, 2024, 5:00 p.m.
Intended adoption date: September 17, 2024
Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]
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Washington State Department of Labor & Industries · 7273 Linderson Way SW · Tumwater WA 98501
