Rules filed October 17, 2024
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The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed October 17, 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) – Wildfire Smoke*
Brief Description: The purpose of this rulemaking is to update the Air Quality Index (AQI) values referenced in chapter 296-820 WAC and chapter 296-307 WAC, Part G-1, to reflect changes the Environmental Protection Agency (EPA) made to the AQI that became effective on May 6, 2024. Employers are allowed to use the approximate corresponding AQI values for the ease of compliance with the requirements in the rules. This ensures that the regulated community will be able to comply with the rule requirements when using data sources that do not display the hourly PM2.5 concentrations.
In 2023, L&I completed rulemaking on the hazards of wildfire smoke exposure to outdoor workers. The primary pollutant in wildfire smoke is harmful fine particles, referred to as PM2.5. The wildfire smoke rules require employers to implement protective measures based on the current concentration of PM2.5 measured in micrograms per cubic meter (µg/m3). The AQI is a unitless index created by the EPA to communicate air quality conditions to the public. While the rules are based on hourly average PM2.5 concentrations, they reference the corresponding AQI for workers and employers who choose to use the AQI to determine the amount of smoke in the air.
The proposed language was originally filed under the expedited (CR-105) rulemaking process (WSR 24-11-143 [ [link removed] ]) on May 21 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: December 4, 2024 (Virtual/Telephonic) [ [link removed] ]
Written comments due by: December 11, 2024, 5:00 p.m.
Intended adoption date: February 4, 2025
Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]
Division: *Fraud Prevention and Labor Standards (Apprenticeship Program)*
Topic: *Adoption (CR-103) – Apprenticeship: Standards Submittal Deadline (E2SSB 5600 Implementation)*
Brief Description: The purpose of this rulemaking is to adjust the submission deadline under WAC 296-05-008 for when an apprenticeship program submits proposed new program standards or changes to their existing apprenticeship program standard(s). The rule change adjusts the submission deadline from 45 days to 60 days before the next regularly scheduled Washington State Apprenticeship and Training Council (WSATC) meeting.
The Washington State Legislature passed Engrossed Second Substitute Senate Bill 5600 [ [link removed] ] (Chapter 156, Laws of 2022) concerning the sustainability and expansion of state registered apprenticeship programs (RCW 49.04.240). Industry sector platforms that collaborate with and support apprenticeships must review proposed standards when submitted by an apprenticeship program and provide a recommendation to the WSATC for consideration in approving or denying the proposed apprenticeship program standards. This adoption adjusts the deadline to allow adequate time for the additional level of review.
*Effective date: November 17, 2024*
Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
Concise Explanatory Statement (CES) [ [link removed] ]
Division: *Fraud Prevention and Labor Standards (Prevailing Wage)*
Topic: *Adoption (CR-103) – Prevailing Wage - Housekeeping*
Brief Description: This rulemaking amends four rule sections under Chapter 296-127 WAC, Prevailing wage. Three rule sections were amended to align with changes to the related statutes and one rule change was made to align with current L&I practice. The changes reflect requirements in law and do not affect the purpose of the rule sections.
Amended sections:
* WAC 296-127-010, Definitions for chapter 296-127 WAC
* WAC 296-127-140, Investigation of complaint
* WAC 296-127-160, Appeal of notice of violation
* WAC 296-127-320, Payroll
*Effective date: November 17, 2024*
Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
Concise Explanatory Statement (CES) [ [link removed] ]
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Washington State Department of Labor & Industries · 7273 Linderson Way SW · Tumwater WA 98501
