Rules filed June 21, 2022



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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?June 21, 2022

For information on all L&I meetings and public hearings related to rulemaking, please visit our new public participation calendar [ [link removed] ].

Division:?*Division of Occupational Safety and Health (DOSH)*

Topic:?*Expedited Proposal (CR-105) - Protecting Temporary Workers*

Brief Description:?The purpose of this expedited proposal is to create a new chapter to protect temporary workers by implementing requirements from Substitute House Bill 1206 (SHB 1206), and passed by the Washington state legislature in 2021, codified as RCW 49.17.490. RCW 49.17.490 requires staffing agencies to assess the employer?s safety and health practices at the workplace that the employee will be working. They must assess the safety conditions, the tasks the employee will be completing, as well as the safety program that the employer has in place. These inquiries are required to take place at the start of the contract, and it may involve the staffing agency visiting the actual work site. The proposed rulemaking incorporates the statutory language passed by the legislature and includes requirements for staffing agencies and worksite employers.

Labor & Industries believes the expedited rulemaking process is appropriate because no material change from the Washington state statute will occur.

Written objections due by: August 22, 2022

The links below provide additional information about this rulemaking:
CR-105 Expedited Proposal [ [link removed] ]

Proposal Language [ [link removed] ]

Division:?*Field Services and Public Safety (Factory Assembled Structures Program)*

Topic:?*Proposal (CR-102) ? Factory Assembled Structure (FAS) Fee Increase*

Brief Description:?The purpose of this rulemaking is to propose changes to the Factory Assembled Structures (FAS) rules to increase fees by 5.86% and housekeeping changes. The fee increase is the maximum allowed by the state Office of Financial Management for fiscal year 2023. A fee increase is needed to cover the operating expenses of the FAS Program. The current fee levels are insufficient to cover current Program expenses. The increase will ensure that revenues match expenditures, otherwise service levels may need to be reduced. Additionally, a housekeeping change is needed to correct a typo for rule clarity.

This rulemaking proposes amending the following:


* WAC 296-150C-3000, Commercial coach fees
* WAC 296-150F-3000, Factory-built housing and commercial structure fees
* WAC 296-150I-3000, Penalties, fees, and refunds
* WAC 296-150M-3000, Manufactured/mobile home fees
* WAC 296-150P-3000, Recreational park trailer fees
* WAC 296-150T-3000, Factory-built temporary worker housing fees
* WAC 296-150V-3000, Conversion vendor units and medical units ? Fees

Public hearing date: July 27, 2022 [ [link removed] ] *(Audio/visual hearing only)*
Written comments due: July 27, 2022
Intended adoption date: September 20, 2022

The links below provide additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]

Proposal Language [ [link removed] ]

Division:?*Fraud Prevention and Labor Standards?*(Clean Energy Program)**

Topic:?Preproposal (CR-101) ??*Clean Energy: Labor Standards for Tax Incentives*

Brief Description:?The purpose of this rulemaking is to implement the Labor Standard Certification requirements for clean and renewable energy tax incentives under Second Substitute House Bill 1988 (2SHB 1988) and Engrossed Substitute Senate Bill 5714 (ESSB 5714), both passed by the Washington state legislature in 2022. 2SHB 1988 allows for tax deferrals on investment projects in clean technology manufacturing, clean alternative fuels production, and renewable energy storage when the project meets certain labor standards and is certified by L&I. ESSB 5714 allows for tax deferrals on large-scale commercial parking lots and other similar areas when the project meets certain labor standards and is certified by L&I. Labor & Industries is required to adopt rules to define and set minimum requirements for all labor standards associated with the certification for tax deferral; set requirements for all good faith efforts; and set other requirements regarding documentation and the certification process. Additional changes to chapter 296-140 WAC, Clean Energy Labor Standards Certification, will also be considered to align the requirements for clean and renewable energy tax incentive programs.

The link below provides additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]

Division:?*Fraud Prevention and Labor Standards (Prevailing Wage Program)*

Topic:?Expedited Proposal (CR-105) - Prevailing Wage: Ordinary Maintenance

Brief Description:?The purpose of this expedited proposal is to implement House Bill 1975 (HB 1975) relating to property management services provided to housing authority properties, passed by the Washington state legislature in 2022, and amending RCW 35.82.070. HB 1975 specifies that certain revenues collected by a property management services company from housing project tenants, when used to pay for administrative operating and ordinary maintenance costs, are treated as private funds. HB 1975 also includes a definition of what ?ordinary maintenance? is specific to Housing Authorities. This rulemaking proposes to include this language in WAC 296-127-010, Definitions for chapter 296-127 WAC, to ensure the definition of ?ordinary maintenance? is consistent with the definition in statute.

In February 2022, L&I filed a CR-101 preproposal (WSR 22-05-099 [ [link removed] ]) to consider changes to the definition of ?ordinary maintenance? under WAC 296-127-010. This preproposal was withdrawn, as HB 1975 includes clear definitions of ?ordinary maintenance.?

Labor & Industries believes the expedited rulemaking process is appropriate because it implements HB 1975.

Written objections due by: August 22, 2022

The links below provide additional information about this rulemaking:
CR-105 Expedited Proposal [ [link removed] ]

Proposal Language [ [link removed] ]

Division:?Insurance Services (Employer Services)

Topic:?Preproposal (CR-101) ? Industrial Insurance Premium Rates for 2023

Brief Description:?Labor & Industries is required by law to establish and maintain a workers? compensation classification plan, and to set premium rates that are: 1) the lowest necessary to maintain actuarial solvency of the accident and medical aid funds; and 2) designed to attempt to limit fluctuations in premium rates. The plan must be consistent with recognized principles of insurance. L&I is also required by law to offer retrospective rating plans to employers as a further incentive to encourage workplace safety and prevent employee injury.

The link below provides additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]

Division:?Insurance Services (Legal Services)

Topic:?Preproposal (CR-101) ? Verification for Presumptive Coverage of Frontline Employees and Healthcare Workers

Brief Description:?The purpose of this rulemaking is to implement Engrossed Substitute Senate Bills 5115 (ESSB 5115) and 5190 (ESSB 5190), both passed by the Washington state legislature in 2021, creating RCWs 51.32.181 and 51.32.390. ESSB 5115 and ESSB 5190 created a new presumption for frontline and health care workers that any infectious or contagious diseases which are the subject of a public health emergency are occupational diseases during a health emergency. As part of this presumption, these RCWs explain that frontline and health care workers must provide verification that they contracted the infectious or contagious disease that is the subject of the public health emergency. A new rule, developed under chapter 296-14 WAC, Industrial insurance, is needed in order to define ?verification? and any associated processes the workers must follow in order to prove contraction of the infectious or contagious disease.

The link below provides additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]

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