The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed December 2 and 3, 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) – 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, which addresses safety and health standards for entertainers at adult entertainment establishments. Specifically, this rulemaking addresses some of the following under chapter 296-831 WAC:
- Added a statutory requirement that an adult entertainment establishment provide training, inclusive of the training topics outlined in ESSB 6105, to its employees other than entertainers.
- Updated requirements to clarify that panic buttons in establishments must be accessible, added a statutory requirement to submit annual proof of compliance and panic button maintenance to L&I, and provided details about submitting proof of compliance.
- Added 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.
- Added a 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.
- Added 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 provide guidance to assist establishments in determining peak operating hours, and how to asses when additional security is necessary.
- Clarified language to assist establishments in differentiating between a customer complaint log and blocklist.
- Made other housekeeping amendments in chapter 296-831 WAC.
Effective date: January 2, 2025
Additional information about this rulemaking: CR-103 Adoption Adoption Language Concise Explanatory Statement (CES) Final Cost Benefit Analysis (CBA)
Division: Fraud Prevention and Labor Standards (Employment Standards)
Topic: Adoption (CR-103) – 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 RCW 49.46.360, to establish protections for entertainers at adult entertainment establishments. Updates to Chapter 296-128 WAC include:
- 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 eight-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 eight-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.
The adopted rules also describe FPLS’s enforcement of ESSB 6105 including the complaint, investigation, citation, and appeals processes.
Effective date: January 2, 2025
Additional information about this rulemaking: CR-103 Adoption Adoption Language Concise Explanatory Statement (CES) Final Cost Benefit Analysis (CBA)
Division: Field Services and Public Safety (Electrical Program)
Topic: Preproposal (CR-101) – Amusement Ride Rule – Definitions
Brief Description: The purpose of this rulemaking is to consider amendments to the definitions for amusement rides or structures under WAC 296-403A-100. L&I accepted a rulemaking petition to amend the definition of “Amusement structures” to exclude fixed artificial climbing surfaces built for the sport of rock climbing, including equipment used for climber education and safety, when not located on the same premises as amusement rides. This rulemaking considers the proposed amendments from the petitioner’s request. Additional amendments to WAC 296-403A-100 are also being considered for updates, clarification, housekeeping, and other changes to bring the rule up-to-date.
Additional information about this rulemaking: CR-101 Preproposal
Division: Insurance Services (Health Services Analysis)
Topic: Preproposal (CR-101) – Medical Aid Rules - Conversion Factors
Brief Description: The purpose of this rulemaking is to update the Medical Aid Rule rates for most professional health care services for injured workers. These updates may also impact rates for health care services provided to crime victims. The current rules describe elements used in the process of updating the maximum allowable payments for most professional health care services. These elements are set in rule in order to follow the established methodologies of L&I and maintain consistency with the Health Care Authority and Medicaid Purchasing Administration. Specifically, any proposed rule changes will consider the following:
- WAC 296-20-135: Updating the conversion factors used by L&I for calculating reimbursement rates for most professional health care and anesthesia services. Updating the conversion factors to correspond to changes in the medical procedure codes, the relative value units, and anesthesia base units. These changes would enable L&I to continue a reimbursement methodology consistent with other state agencies. Cost-of-living adjustments may be incorporated into the changes in the conversion factors.
- WAC 296-23-220 and 296-23-230: Updating the maximum daily reimbursement level for physical and occupational therapy services so L&I may, if necessary, give cost-of-living adjustments to affected providers.
Additional information about this rulemaking: CR-101 Preproposal
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