Rules filed August 2 and August 4, 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 August 2 and August 4, 2022

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 and Health (DOSH)*

Topic:?*Emergency (CR-103E) - Public Health Emergency Reporting and Notification Requirements for Infectious and Contagious Diseases and Voluntary Use of Personal Protective Equipment*

Brief Description:?The Department of Labor & Industries (L&I) continues to respond to 2021 legislation establishing employer requirements during a public health emergency for infectious and contagious diseases. The employer requirements are under Substitute Senate Bill 5254 (SSB 5254), codified as RCW 49.17.485 [ [link removed] ], regarding voluntary use of personal protective equipment (PPE), and Engrossed Substitute Senate Bill 5115 (ESSB 5115), also known as the Health Emergency Labor Standards Act (HELSA) and codified as RCW 49.17.062 [ [link removed] ] and RCW 49.17.064 [ [link removed] ].

The emergency rule maintains requirements under new sections of chapter 296-62 WAC for when there is a public health emergency for an infectious or contagious disease and as such, the requirements are applicable to COVID-19.

Under the emergency rule:


* Employers with more than 50 covered employees at a workplace or worksite are required to report infectious or contagious disease outbreaks to L&I;
* Employees are not required to disclose any medical condition or diagnosis to their employer;
* Several definitions were added and/or simplified for implementation;
* Non-healthcare employers, are required to notify employees, as well as their union representative (if any), in writing of potential exposures within one business day;
* Employees and contractors must be permitted to voluntarily use personal protective equipment.

In addition, this emergency rule now applies notification requirements to health care facilities as defined in RCW 9A.50.010 [ [link removed] ].


* Employers of health care facilities must notify any employee with known or suspected high-risk exposure to the infectious or contagious disease within 24 hours. With employee authorization, notification must also be sent to the employee?s union representative (if any) within 24 hours.
* Period of transmission/isolation requirements have been simplified.
* Requirements for how employees are notified of potential high risk exposure are clarified.

A CR-101 Preproposal Statement of Inquiry was filed on May 13, 2021 (WSR 21-11-051 [ [link removed] ]) and initiated the permanent rulemaking process for rules related to infectious diseases, which will include requirements for outbreaks subject to a public health emergency under a national or state declared state of emergency. This emergency rule supersedes WSR 22-09-003 [ [link removed] ] filed on April 6, 2022.

Effective date: August 4, 2022
Expiration date: December 2, 2022

The links below provide additional information about this rulemaking:
CR-103 Emergency Adoption [ [link removed] ]

Adoption Language [ [link removed] ]__

Division:?Field Services and Public Safety (Electrical Program)

Topic:?Preproposal (CR-101) ? Electrical Rules (SSB 6126 Good Cause Allowance)

Brief Description:?The purpose of this rulemaking is implement SSB 6126 (Chapter 249, Laws of 2018). SSB 6126 enacted apprenticeship requirements for journey level electrician examination candidates that take effect July 1, 2023. SSB 6126 gives L&I the authority, until July 1, 2025, to permit applicants that have obtained experience and training equivalent to a journey level apprenticeship program to take the examination, if the applicant has ?good cause? for not completing the minimum hours of work applicable on July 1, 2023 (RCW 19.28.195 [ [link removed] ]).

This rulemaking considers amendments to the journey level electrician examination qualifications under WAC 296-46B-945. The amendments under consideration provide for exceptions to electrician registered apprenticeship completion for ?good cause?, until July 1, 2025. This rulemaking also considers updates and housekeeping amendments.

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

Division:?Insurance Services (Employer Services)

Topic:?*Proposal (CR-102) ?* *Classification, Reporting, and Penalties Amendments for 2023*

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. 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. As part of this rulemaking, L&I reviewed these chapters for need, clarity, and consistency to make changes where possible to reduce the regulatory burden on employers insured with the State Fund.

Also as a part of this rulemaking, L&I proposes to remove the dollar amounts from state fund and self-insurance rules pertaining to penalties and documenting the penalty amounts on the L&I website. 2020?s Substitute House Bill (SHB) 2409 requires penalties in chapter 51.48 RCW be updated every three years based on the Consumer Price Index. Removing penalty amounts from the rules will eliminate the need to perform rulemaking every three years when those amounts change based on the Consumer Price Index. Penalty amounts will be available on L&I?s website and updates will be made every three years.

Public hearing date: September 6, 2022 [ [link removed] ] (Audio/visual hearing only)
Written comments due: September 7, 2022
Intended adoption date: October 18, 2022

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

Proposal Language [ [link removed] ]

Division:?*Insurance Services (Legal Services)*

Topic:?*Preproposal (CR-101) ? Pension Discount Rate (PDR) 2023*

Brief Description:?The purpose of this rulemaking is to amend WAC 296-14-8810 Pension tables, pension discount rate and mortality tables, by lowering the pension discount rate (PDR) to better align with the rate of return for long term treasuries for self-insured pensions. These reductions allow our financial statements to more accurately reflect our liabilities and overall financial position, and are consistent with recommendations from our annual independent actuarial review of our rate making.

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