Rules filed August 20 and 21, 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 *August 20 and 21, 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: Adoption (CR-103) – 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.

The adopted sections in rule model RCW 49.17.485, Personal protective devices and equipment – Public health emergency, but is not limited to declared public health emergencies. In the event a public health emergency is declared, the adopted sections in rule would already be effective and no material change would be needed to comply with RCW 49.17.485.

*Effective date: October 1, 2024*

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



Division: *Insurance Services (Employer Services)*

Topic: *Proposal (CR-102) – Reporting and Classification Amendments for 2025*

Brief Description: The purpose of this rulemaking is to implement clear rule writing to ensure staff and customers can easily understand and apply the workers’ compensation insurance classification and reporting rules under Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance. Classification Development studied some subclassifications for potential reduction in number, and reviewed classification and reporting rules for improvement and clarification. The purpose of this rulemaking is not to make substantive changes to how employers are classified and amendments will not increase employer rates.

Public hearing date: September 24, 2024 [ [link removed] ]
Written comments due by: September 24, 2024
Intended adoption date: November 19, 2024

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



Division: *Insurance Services (Office of the Medical Director)*

Topic: *Preproposal (CR-101) – Acupuncture*

Brief Description: The purpose of this rulemaking is to consider amending WAC 296-23-238, Acupuncture rules, regarding the number of visits paid for medical conditions when acupuncture has been shown to be safe and effective for that condition per L&I review. WAC 296-23-238 currently limits payment to a maximum of ten visits based on L&I’s review of safety and efficacy data for a low back condition. The maximum number of visits could be taken out of rule and, instead, specified in the medical coverage decision for each condition.

Under the rule, “the department or self-insurer may pay for acupuncture treatment when ordered by the worker's attending provider or physician assistant and only for specific conditions related to the accepted condition on a claim and per department policy.” Currently, the department has a medical coverage decision that allows acupuncture treatment for a low back condition when it is an accepted condition on the claim. Starting September 1, 2024, a separate medical coverage decision will also allow acupuncture treatment for chronic migraine when that is an accepted condition on the claim.

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



Division: *Insurance Services (Health Services Analysis)*

Topic: *Preproposal (CR-101) – Co-Recording of Independent Medical Examination (IME)*

Brief Description: The purpose of this rulemaking is to amend Chapter 296-23 WAC to implement Substitute House Bill 1068 [ [link removed] ] (SHB 1068), Chapter 166, Laws of 2023. SHB 1068 allows a worker to audio and visually record an independent medical examination (IME). L&I is considering adding a new section in rule to establish standards for co-recording. Workers retain the right to do their own recording.

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



Division: *Insurance Services (Health Services Analysis)*

Topic: *Preproposal (CR-101) – Independent Medical Examination (IME) Third-Party Recording (pilot rulemaking)*

Brief Description: The purpose of this rulemaking is to amend Chapter 296-23 WAC to implement Substitute House Bill 1068 [ [link removed] ] (SHB 1068), Chapter 166, Laws of 2023. SHB 1068 allows a worker to audio and visually record an independent medical examination (IME). L&I is considering adding a new section in rule to establish standards for third party recording of the IME exam when the worker consents. Rules will establish standards for the use of a third party company to conduct and store recordings when workers consent to the third party recording of the IME. Workers retain the right to do their own recording. L&I intends to use pilot rulemaking to develop proposed rules.

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








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