The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed September 3 and 4, 2024
For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar.
Division: Division of Occupational Safety & Health (DOSH)
Topic: Adoption (CR-103) – 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 makes changes to sections of the 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.
Effective date: October 7, 2024
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
Division: Division of Occupational Safety & Health (DOSH)
Topic: Expedited Proposal (CR-105) – High voltage lines and equipment – Automated external defibrillators (HB 1542 Implementation)
Brief Description: The purpose of this expedited rulemaking is to implement the requirements of House Bill 1542 (HB 1542), Chapter 253, Laws of 2023, codified as RCW 49.17.510. L&I will be adding the requirements into WAC 296-32-22515, First aid, and WAC 296-45-125, Medical services and first aid. HB 1542 requires employers who build, maintain and operate high voltage systems 601 volts and over to have and maintain an automated external defibrillator (AED) on site where two or more employees are working in close proximity to high voltage lines and equipment. L&I added references to current requirements regarding minimum approachable distances in high voltage work to assist employers and works in understanding what “close proximity” means. L&I added references in each section to tie the availability of an AED to the same availability requirement for first aid kits to ensure it is clear how many need to be available and when. Employers who perform line clearance tree trimming activities are also included in this change.
High voltage worksites can be extremely dangerous for any workers around or in them. Accidents from working by high voltage power lines can lead to both nonfatal and fatal injuries. Employees are better protected by providing an AED at any job site with employees who operate, maintain or construct high voltage lines with a voltage of 601 or greater. These rule amendments will ensure employers and employees understand what measures are required when an employee may suffer an injury requiring cardiopulmonary resuscitation (CPR) or an AED.
L&I determined that expedited rulemaking is appropriate because the proposed language adopts without material change the AED requirements at high voltage work sites described under RCW 49.17.510.
Written objections due by: November 4, 2024, 5p.m.
Additional information about this rulemaking:
CR-105 Expedited Proposal
Proposal Language
Division: Division of Occupational Safety & Health (DOSH)
Topic: Proposal (CR-102) – Monetary Penalties and Appeals
Brief Description: The purpose of this rulemaking is to amend Chapter 296-900 WAC, Administrative Rules, to update how base penalties are calculated in order to make penalties more effective. This rulemaking will address concerns raised through the federal Occupational Safety and Health Administration (OSHA) State Activities Mandated Measures (SAMM) report that Washington penalties continue to be below the national average. OSHA uses the SAMM report to determine whether State Plans are as effective as OSHA. This proposal also includes housekeeping amendments related to penalties and appeals.
The proposed changes include:
- The base penalty rate will be adjusted for inflation every year based on the Consumer Price Index for all Urban Consumers (CPI-U).
- The base penalty amount may also be increased by an additional 2 percent if DOSH is not within 25 percent of the national penalty average determined by OSHA.
- Numbering definitions to aid in education and research.
- Removing the terms “you” and “we” and replacing with “employee” and “employer” to provide clarity.
- Removing the term “Washington Industrial Safety and Health Act” or “WISHA” and replacing with “DOSH” where the term is meant to refer to DOSH.
- Removing outdated fax number information.
- Updating USPS mail and email resources for contacting L&I.
Public hearing dates: October 9, 2024
October 10, 2024
Written comments due by: November 1, 2024
Intended adoption date: December 17, 2024
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Division: Division of Occupational Safety & Health (DOSH)
Topic: Proposal (CR-102) – Adult Entertainer Safety (ESSB 6105 Implementation)
Brief Description: The purpose of this rulemaking is to implement and enforce the requirements of Engrossed Substitute Senate Bill 6105 (ESSB 6105), codified under RCW 49.17.470. Some of the changes which will be addressed under Chapter 296-831 WAC in this rulemaking include:
- Adds statutory requirement that an adult entertainment establishment provide training, inclusive of the training topics outlined in ESSB 6105, to its employees other than entertainers.
- Updates requirements that an adult entertainment establishment provide panic buttons to include they must be accessible, and adds statutory requirement to submit annual proof of compliance and panic button maintenance to L&I.
- Add statutory requirements for establishments to provide appropriate cleaning supplies, equip dressing or locker rooms with a keypad requiring a code, displaying signage about appropriate customer etiquette, and establishing written processes and procedures for responding to customer violence and ejecting customers who violate club policies.
- Add statutory requirement that an adult entertainment establishment have written policies and procedures for implementation of the block list and panic buttons requirements, and must make such policies, procedures, and any other related records available for inspection by L&I upon request.
- Add statutory requirements that an adult entertainment establishment provide dedicated security personnel, and specify when security personnel may not engage in duties other than security, and when additional security is necessary.
- Add statutory requirements that an adult entertainment establishment must provide dedicated security to monitor interactions between entertainers and patrons.
- Other housekeeping amendments in chapter 296-831 WAC.
Additional requirements in Section 2 of ESSB 6105, related to wage and hour, are enforced by L&I’s Fraud Prevention and Labor Standards (FPLS) division. Those requirements are proposed under a separate, but coordinated, rulemaking effort.
Public hearing dates: October 14, 2024
October 15, 2024
Written comments due by: October 18, 2024
Intended adoption date: December 2, 2024
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Preliminary Cost Benefit Analysis (CBA)
Division: Fraud Prevention and Labor Standards (Employment Standards)
Topic: Proposal (CR-102) – Labor Standards for Adult Entertainment Establishments (ESSB 6105 Implementation)
Brief Description: The purpose of this rulemaking is to clarify and implement the requirements of Engrossed Substitute Senate Bill 6105 (ESSB 6105), codified under chapter 49.46 RCW, to address protections for entertainers at adult entertainment establishments under Chapter 296-128 WAC. RCW 49.46.360 establishes the following protections for entertainers at adult entertainment establishments:
- Leasing or other fees must apply equally to all entertainers in an establishment, be stated in a written contract, and continue for at least three months.
- Establishments may not charge an entertainer any fees or interest for late or non-payments, for failure to appear at a scheduled time, or that result in the entertainer carrying forward an unpaid balance from any previously incurred leasing fee.
- Establishments may not charge a leasing fee in an amount greater than the entertainer receives during the period of access or usage; or within an 8-hour period, any leasing fee that exceeds the lesser of $150 or 30% of amounts collected by the entertainer for non-private performance areas and 30% of amounts collected by the entertainer for private performance areas.
- If establishments charge a leasing fee, the contract must include a method for estimating the total amounts collected by the entertainer in any 8-hour period.
- Establishments must display signage in designated areas on forbiddance of entertainers surrendering any tips or gratuities.
- Establishments may not take adverse action against an entertainer in response to the entertainer's use or collection of tips or gratuities.
- Establishments must provide an entertainer with written notice of the reason or reasons for any termination or refusal to rehire the entertainer within 10 business days.
Additional requirements in Section 1 of ESSB 6105, related to safety, are enforced by L&I’s Division of Occupational Safety & Health (DOSH) division. Those requirements are proposed under a separate, but coordinated, rulemaking effort.
Public hearing dates: October 14, 2024
October 15, 2024
Written comments due by: October 18, 2024
Intended adoption date: December 2, 2024
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Preliminary Cost Benefit Analysis (CBA)
Division: Insurance Services (Health Services Analysis)
Topic: Preproposal (CR-101) – Physician Assistant Billing Procedure (repeal)
Brief Description: The purpose of this rulemaking is to consider repealing WAC 296-20-12501 to remove the pay differential for physician assistants from Chapter 296-20 WAC. WAC 296-20-12501 requires physician assistants to be paid at 90% of the value listed in the fee schedule for services they perform. This differential was put in place when physician assistants were exclusively supervised by other providers and could not practice medicine on their own. With the passage of Engrossed Substitute House Bill 2041 (ESHB 2041), Chapter 62, Laws of 2024, physician assistants may now practice autonomously in collaborative agreements with other providers. Given this change, it no longer makes sense to pay physician assistants less than other providers.
Additional information about this rulemaking:
CR-101 Preproposal
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