Rules filed May 20 and May 21, 2025



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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 May 20 and May 21, 2025

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) – Sanitary Conditions for Construction Workers (EHB 2266 Implementation)

Brief Description: This rulemaking amends Chapter 296-155 WAC, Safety Standards for Construction Work, to implement the requirements of Engrossed House Bill 2266 [ [link removed] ] (Chapter 258, Laws of 2024), codified under RCW 49.17.530, which became effective June 6, 2024.

RCW 49.17.530 requires employers in the construction industry to provide workers performing construction activities and who menstruate or express milk:


* Access to an adequate portable toilet or restrooms, accessible on the worksite, or access to a permanent structure with a restroom or bathroom.
* Adequate and convenient supply of menstrual hygiene products at no cost to employees.
* Reasonable accommodations to express milk after a child’s birth each time such employee has need to express.

*Effective date: July 1, 2025*

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 (Employment Standards)

Topic: Adoption (CR-103) – Equal Pay and Opportunities Act (SHB 1905 Implementation)

Brief Description: This rulemaking implements Substitute House Bill 1905 [ [link removed] ] (SHB 1905), Chapter 353, Laws of 2024. SHB 1905 expands existing protections against pay and promotion discrimination based on gender found in Chapter 49.58 RCW [ [link removed] ], the Equal Pay and Opportunities Act. SHB 1905 extends the protections to additional protected classes including but not limited to age, race, and sexual orientation. L&I adopted Chapter 296-123 WAC, Equal Pay and Opportunities, to clarify and implement the provisions of SHB 1905.

L&I also adopted the rule to clarify other requirements created by Chapter 49.58 RCW, including:


* The free discussion of wages and salary.
* Protection against retaliation.
* Wage and salary history privacy.
* Disclosure of wage scale, salary range, and benefits on a job posting.

The adopted rule explains L&I’s enforcement of Chapter 49.58 RCW, and describes L&I’s complaint investigation and resolution processes.

*Effective date: July 1, 2025*

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



Division: Insurance Services (Employer Services)

Topic: Preproposal (CR-101) – Reporting and Classification Amendments for 2026

Brief Description: The purpose of this rulemaking is to implement clear rule writing to ensure L&I staff and customers can easily understand and apply the workers’ compensation insurance classification and reporting rules. Classification Development studied some subclassifications for potential reduction in number, and reviewed classification and reporting rules for improvement and clarification. The purpose of this rulemaking is not to make substantive changes to how employers are classified and amendments will not impact employer rates.

L&I also intends to review chapter 296-17 WAC, General Reporting Rules, Audit and Recordkeeping, Rates and Rating System for Washington Workers’ Compensation Insurance; and chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance; for need, clarity, and consistency to make changes where possible to reduce the regulatory burden on employers insured with the State Fund.

Also as part of this rulemaking, L&I intends to respond to legislation that may require implementation.

Additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]



Division: Insurance Services (Health Services Analysis)

Topic: Adoption (CR-103) – Medical Aid Rules - Conversion Factors

Brief Description: This rulemaking updates a conversion factor provided in WAC 296-20-135 and maximum daily fees provided in WAC 296-23-220 and WAC 296-23-230 for certain professional health care services for injured workers. Rule changes are necessary to maintain current overall fees for health care services, which are published annually in the Medical Aid Rules and Fee Schedules.

These updates change the Resource Based Relative Value Scale (RBRVS) conversion factor, the anesthesia conversion factor and the maximum daily caps to be consistent with the changes for other professional fees resulting from our RBRVS process and changes in the relative value units published by the Centers for Medicare and Medicaid Services.

*Effective date: July 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 (Office of the Medical Director)

Topic: Adoption (CR-103) – Psychologists and Physician Assistant as Attending Providers (HB 1197 Implementation)

Brief Description: This rulemaking implements House Bill 1197 [ [link removed] ] (Chapter 171, Laws of 2023). The amended rules add psychologists in the case of claims solely for mental health conditions, and physician assistants, as attending providers. The rules also clarify criteria to be used by the attending provider when making a diagnosis of a mental health condition and when commenting on return to work issues. The amended rules consistently uses the term “attending provider” in Title 296 WAC. L&I also amended rules to align with Engrossed Substitute House Bill 2041 [ [link removed] ] (Chapter 62, Laws of 2024).

The following are amended:


* Chapter 296-14 WAC, Industrial Insurance
* Chapter 296-19A WAC, Vocational Rehabilitation
* Chapter 296-20 WAC, Medical Aid Rules
* Chapter 296-21 WAC, Reimbursement Policies: Psychiatric Services, Biofeedback, Physical Medicine
* Chapter 296-23 WAC, Radiology, Radiation Therapy, Nuclear Medicine, Pathology, Hospital, Chiropractic, Physical Therapy, Drugless Therapeutics and Nursing—Drugless Therapeutics, etc.

*Effective date: July 1, 2025*

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








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