The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed September 17, 2024
For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar.
Division: Insurance Services (Employer Services)
Topic: Proposal (CR-102) – Industrial Insurance Premium Rates for 2025
Brief Description: The proposed rule amends the tables of classification base premium rates, experience rating plan parameters, and experience modification factor calculation limitations for the workers’ compensation insurance program for calendar year 2025. Classification base rates were updated to align with expected losses. The department proposes a 3.8% overall average premium rate change.
The proposed rule is also notice that the Director intends to transfer the amount of the accident and medical-aid funds combined that exceed 10% of funded liabilities as required by RCW 51.44.023.
Public hearing dates: October 28, 2024 (Tumwater, with virtual and telephonic options)
October 29, 2024 (Spokane Valley)
Written comments due by: October 30, 2024, 5:00 p.m.
Intended adoption date: November 26, 2024
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Division: Insurance Services (Employer Services)
Topic: Proposal (CR-102) – Transportation Network Companies (TNC) Classification, Premium Rate, and Death Benefit (SHB 2382 Implementation)
Brief Description: The purpose of this rulemaking is to update Chapters 296-17 and 296-17A WAC. L&I proposes creating a new risk classification for Transportation Network Companies (TNCs). The proposed rule includes a premium rate for the new TNC risk class for 2025. Since January 1, 2023, TNCs have reported and paid premiums for hours their drivers worked during dispatch and passenger platform time in Classification 1401 with taxis. L&I has researched and evaluated the impact of TNCs on Classification 1401 and determined TNCs represent at least 95% of the classification. L&I is required by law to establish and maintain a workers’ compensation classification plan that classifies all occupations or industries in accordance with their degree of hazard and in a manner consistent with recognized insurance principles (RCW 51.16.035). The proposed rules will ensure fair and equitable rates for TNC and Taxi businesses.
L&I also proposes rules to implement Substitute House Bill 2382, Chapter 184, Laws of 2024, which provides for TNC driver death benefits during non-covered times in certain circumstances. The rule proposal creates a rule describing the new benefit and creates an administrative classification to manage death benefit claims meeting the new law’s criteria. Qualifying death benefit claims will be included in the annual rate calculation of the new TNC classification, but will not be included in any one TNC’s experience calculation.
Public hearing date: October 24, 2024 (virtual and telephonic)
Written comments due by: October 24, 2024, 5:00 p.m.
Intended adoption date: November 26, 2024
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Division: Insurance Services (Office of the Medical Director)
Topic: Preproposal (CR-101) – Psychologists as Attending Providers (HB 1197 & ESHB 2041 Implementation)
Brief Description: The purpose of this rulemaking is to implement House Bill 1197 (Chapter 171, Laws of 2023) Defining attending provider and clarifying other provider functions for workers' compensation claims, and adding psychologists as attending providers for mental health only claims. L&I intends to add psychologists in the case of claims solely for mental health conditions, and physician assistants, to the definition of “attending provider” in WAC 296-20-01002. Additional amendments under consideration include within WAC 296-20-01002 and to other workers’ compensation WACs for clarity and to be consistent with the bill. Terms such as “attending provider” will be used consistently in multiple workers’ compensation rule chapters within Title 296 WAC.
L&I is also considering amending WAC 296-20-01501 to align language with Engrossed Substitute House Bill 2041 (Chapter 62, Laws of 2024) Physician assistant collaborative practice, and the Department of Health/Washington Medical Commissions’ corresponding rule updates to Chapter 246-918 WAC. ESHB 2041 authorizes physician assistants to engage in a collaborative practice where a written agreement describes the manner in which the physician assistant is supervised by or collaborates with at least one physician.
Additional information about this rulemaking:
CR-101 Preproposal
Division: Division of Occupational Safety & Health (DOSH)
Topic: Preproposal (CR-101) – Sanitary Conditions for Construction Workers (EHB 2266 Implementation)
Brief Description: The purpose of this rulemaking is to implement the requirements of Engrossed House Bill (EHB) 2266 (Chapter 258, Laws of 2024), codified under RCW 49.17.530, which became effective June 6, 2024. EHB 2266 requires employers in the construction industry to provide workers performing construction activities, and who menstruate or express milk, the following:
- Access to an adequate portable toilet or restrooms, accessible on the worksite, or access to a permanent structure with a restroom.
- Adequate and convenient supply of menstrual hygiene products at no cost to employees.
- Reasonable accommodations to express milk.
EHB 2266 requires L&I’s rules identify minimum reasonable accommodations for expressing milk that include alternatives for worksites of varying numbers of employees
Additional information about this rulemaking:
CR-101 Preproposal
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