Rules filed November 19 and 20, 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 November 19 and 20, 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) – High voltage lines and equipment – Automated external defibrillators (HB 1542 Implementation)*

Brief Description: The purpose of this rulemaking is to amend Chapter 296-32 WAC, Safety standards for telecommunications; and Chapter 296-45 WAC, Electric power generation, transmission, and distribution; to implement RCW 49.17.510 [ [link removed] ] related to the availability of automated external defibrillators (AEDs). RCW 49.17.510 requires employers who build, maintain and operate high voltage systems 601 volts and over to have and maintain an AED on site where two or more employees are working in close proximity to high voltage lines and equipment. L&I added the requirements in WAC 296-32-22515, First aid; and WAC 296-45-125, Medical services and first aid.

*Effective date: January 1, 2025*

Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]



Division: *Division of Occupational Safety & Health (DOSH)*

Topic: *Expedited Proposal (CR-105) – Improve Tracking of Workplace Injuries and Illnesses*

Brief Description: The purpose of this expedited rulemaking is to implement the requirements of the Federal Occupational Safety and Health Administration (OSHA). These federal rules were updated to improve tracking of workplace injuries and illnesses, and went into effect in January 2024. Chapter 296-27 WAC, Recordkeeping and reporting, must be updated in order to remain as effective as OSHA, as required by the Washington State Plan.

Highlights of proposed amendments:


* Establishments with 100 or more employees in certain high-hazard industries must electronically submit information from their Form 300-Log of Work-Related Injuries and Illnesses, and Form 301-Injury and Illness Report to OSHA once a year. These submissions are in addition to submission of Form 300A-Summary of Work Related Injuries and Illnesses.
* Added new Appendix B-1 – Designated industries required to file Annual electronic submission of OSHA Form 300 and Form 301.
* Updated filing requirements for establishments listed in Appendix B-1 that had 20-249 employees the previous year.
* Appendix B renamed to Appendix B-2 and updated to remove no longer used NAICS codes and include new codes.
* To improve data quality, establishments are required to include their legal company name when making electronic submissions to OSHA from their injury and illness records.

*Written objections due: January 21, 2025, by 5 p.m.*

Additional information about this rulemaking:
CR-105 Expedited Proposal [ [link removed] ]
Proposal Language [ [link removed] ]



Division: *Insurance Services (Employer Services)*

Topic: *Adoption (CR-103) – 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. L&I also reviewed this chapter for need, clarity, and consistency to make changes where possible to reduce the regulatory burden on employers insured with the State Fund. 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). Some classifications were amended to increase ease of reporting, and ensure consistent and equitable treatment to businesses.

*Effective date: January 1, 2025*

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



Division: *Insurance Services (Employer Services)*

Topic: *Adoption (CR-103) – Workers’ Compensation Incentives: Preferred Worker & Stay at Work (SHB 2127 & HB 1927 Implementation)*

Brief Description: The purpose of this rulemaking is to amend Chapter 296-16 WAC, Employer—Worker reemployment incentives; and Chapter 296-16A WAC, Stay-at-work program. This adoption implements the requirements of Substitute House Bill 2127 [ [link removed] ] (Chapter 90, Laws of 2024) and increases the maximum amounts an employer may be reimbursed by the Stay at Work Program and the Preferred Worker Program. These programs provide financial incentives to employers when they help injured workers return to approved work within their restrictions. This rulemaking also implements House Bill 1927 [ [link removed] ] (Chapter 144, Laws of 2024) and reduces the number of days of time-loss required to qualify for preferred worker certification from 14 to 7 days.

*Effective date: January 1, 2025*

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



Division: *Insurance Services (Return to Work Partnerships)*

Topic: *Adoption (CR-103) – Vocational Rehabilitation (SHB 2127 Implementation)*

Brief Description: The purpose of this rulemaking is to implement requirements of Substitute House Bill 2127 [ [link removed] ] (Chapter 90, Laws of 2024) under Chapter 296-19A WAC regarding Vocational Rehabilitation. This rulemaking corrects RCW subsection references, updates benefit amounts for job modification and prejob accommodations, and clarifies the ability of vocational counselors to help workers access skill-enhancement training and how these skills are reported.

*Effective date: January 1, 2025*

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








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