Rule filed October 29, 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

Rule filed *October 29, 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: *Preproposal (CR-101) – Ergonomics: Scheduled Airlines - Ground Crew Operations, Risk Class 6802*

L&I will begin its first rulemaking process designed to prevent strains, sprains, and other musculoskeletal disorders in ground crews for scheduled airlines, Risk Class 6802 [ [link removed] ]. L&I filed a Preproposal Statement of Inquiry (CR-101) [ [link removed] ] to initiate this rulemaking on October 29, 2024.

Work-related musculoskeletal disorders (WMSDs) are common in Washington State. They account for nearly one-third of workers' compensation claims that result in time-loss, also known as wage replacement.

Common tasks for baggage handlers, maintenance workers, and others in ground crews for scheduled airlines (Risk Class 6802 [ [link removed] ]) include baggage, loading and unloading it into containers and carts, transferring it onto conveyors for stacking in the airplane cargo hold and removing it from the cargo hold.

L&I published an initial report of industries and risk classifications eligible for rulemaking [ [link removed] ] in November 2023, identifying 31 high priority industries and risk classes most likely to be selected for future rulemaking. The high priority list was narrowed to five industries and risk classes [ [link removed] ], before making the final selection.

L&I selected ground crew for scheduled airlines based on multiple factors, including:


* A rate of WMSD injury that was the highest of all industries and risk classes on the high priority list, at 47 compensable claims per 1,000 fulltime equivalent employees (FTE) or about 5 per 100 FTE. Workers in this risk classification suffer from WMSDs at more than 10 times the overall state rate.
* A statistical trend showing the claim rate will continue to be more than double the statewide average in the next three years.
* Known best practices that point to possible solutions to common WMSD hazards.

L&I will start the rule development process by gathering input from interested parties across all industries. We’ll be asking for comments on what components of ergonomic rules might be consistent across all industry specific rules. Stakeholder discussions will also be scheduled with employers and employees in the Scheduled Airlines – Ground Crew Operations Risk Class to gather input on industry-specific issues, concerns, and best practices for mitigating WMSD hazards. After these initial scoping discussions, additional meetings will be held with all interested parties to discuss developing the rule language that will be specifically for the Scheduled Airlines – Ground Crew Operations Risk Class.

In the coming months, L&I will also assemble an advisory committee comprised of business and labor representatives from the risk class to make recommendations on draft proposed rules.

This rule is the first time L&I will commence rulemaking to prevent WMSDs under a new state law passed in 2023 that allows such rulemaking. The rules can only be developed for industries or risk classes with twice the rate of WMSDs as the overall state rate over a five-year period. Only one rule for either an industry or risk classification can be adopted every 12 months. The earliest a rule can take effect is July 2026.

For more about this rulemaking, including information on stakeholder meetings and frequently asked questions, visit the ergonomics, scheduled airlines ground crew operations rulemaking [ [link removed] ] page.

Remember, L&I offers free consultations related to WMSD hazards [ [link removed] ], prioritizing employers in industries included on the November 2023 high-priority list.

For questions about this rulemaking project contact [email protected]

For general questions about ergonomics or to schedule a no-charge ergonomics consultation, contact [email protected] <[email protected]>








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