Rules filed September 20 and September 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 September 20 and September 21, 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:?*Adoption (CR-103) ? High Hazard Facilities ? Workforce*
Brief Description:?This adoption creates chapter 296-71 WAC, Refinery worker training and certification in high hazard facilities, thus implementing the advanced safety training requirements under chapter 49.80 RCW established by Engrossed Substitute House Bill 1817, passed by the Washington state legislature in 2019. Chapter 49.80 RCW requires owners of petroleum refining or petrochemical manufacturing facilities to use a skilled and trained workforce when contracting for construction, alteration, demolition, installation, repair, or maintenance work. All workers in the skilled and trained workforce must have completed at least 20 hours of approved advanced safety training for workers at high hazard facilities within the past three calendar years. Delayed enforcement policies will be used to ensure employers have adequate time to train all employees as required. This adoption includes requirements for advanced safety training certification for workers, curriculum for in-person classroom and laboratory instruction, and approval of training providers.
*Effective date: October 22, 2022*
The links below provide additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
Final Cost-Benefit Analysis (CBA) [ [link removed] ]
Concise Explanatory Statement (CES) [ [link removed] ]
Division:?*Division of Occupational Safety and Health (DOSH)*
Topic:?*Adoption (CR-103) - Unified Safety Standards for Fall Protection*
Brief Description:?This rulemaking amends chapter 296-880 WAC, Unified safety standards for fall protection. In August 2021, the Division of Occupational Safety and Health (DOSH) received notification from the Federal Occupational Safety and Health Administration (OSHA) relating to DOSH?s fall protection standard. The notification advised L&I to amend the fall protection rule in chapter 296-880 WAC in order to be at least as effective as those administered by OSHA, as required by the Washington State Plan. This rulemaking amends sections of the current fall protection rule that address roofing activities including leading edge work, work performed on a low or flat pitch roof, and ski area facility and operations.
*Effective date: November 1, 2022*
The links below provide additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
Concise Explanatory Statement (CES) [ [link removed] ]
Division:?*Field Services and Public Safety (Factory Assembled Structures Program)*
Topic:?*Adoption (CR-103) ? Factory Assembled Structure (FAS) Fee Increase*
Brief Description:?This rulemaking adopts a fee increase of 5.86% for the Factory Assembled Structures (FAS) rules. 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. This rulemaking also adopts an amendment to correct a typo for rule clarity.
This rulemaking amends 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
*Effective date: November 1, 2022*
The links below provide 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:?*Proposal (CR-102) ? Transportation Network Companies (TNC) and Drivers*
Brief Description:?The purpose of this rulemaking is to add new sections to chapter 296-128 WAC. The Washington state legislature passed Engrossed Substitute House Bill 2076 (ESHB 2076) during the 2022 legislative session. ESHB 2076 sets new requirements for transportation network companies and gives drivers new rights and protections. Section 1(13)(f) of ESHB 2076, now codified in RCW 49.46.300(1)(13)(f), requires L&I to conduct rulemaking regarding the reimbursements from the newly created Driver Resource Center to a transportation network company for costs associated with deduction and remittance. Additional rules are needed to clarify the new requirements for transportation network companies and new driver protections relating to minimum compensation, paid sick time, retaliation and deactivations, and administrative violations. Rules are also needed to carry out and enforce the new requirements and help L&I coordinate with the Driver Resource Center.
This rulemaking proposes to create new rule sections, and will not change any existing rules.
Public hearing dates: November 1, 2022 (Tukwila) [ [link removed] ]
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?November 2, 2022 (Vancouver) [ [link removed] ]
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?November 4, 2022 (virtual and audio) [ [link removed] ]
Written comments due: November 7, 2022
Intended adoption date: November 22, 2022
The links below provide additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]
Small Business Economic Impact Statement [ [link removed] ]
Preliminary Cost-Benefit Analysis (CBA) [ [link removed] ]
Division:?*Insurance Services (Employer Services)*
Topic:?*Proposal (CR-102) ? Industrial Insurance Premium Rates for 2023*
Brief Description:?The proposed rule amends the tables of classification base premium rates, experience rating plan parameters, and experience modification factor calculation limitations for the workers? compensation insurance program for calendar year 2023. Classification base rates were updated to align with expected losses. The department proposes a 4.8% overall average premium rate change.
Washington employers continue to deal with uncertainties associated with the pandemic and the global economy. In light of that, L&I is proposing an overall average rate increase of 4.8% to ensure adequate premiums to cover expected costs of 2023 claims. This increase is below the indicated break-even rate and consistent with our rate-making principle of keeping rates steady and predictable. This rate increase is required to partially account for two consecutive years of higher-than-normal increases in the state?s average wage. The department is able to minimize the increase for this upcoming year due to the ongoing efforts to gradually increase the workers? compensation contingency reserve (surplus).
Public hearing dates: October 26, 2022 (virtual and audio) [ [link removed] ]
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?October 27, 2022 (virtual and audio) [ [link removed] ]
Written comments due: October 28, 2022
Intended adoption date: November 30, 2022
The links below provide additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]
facebook [ [link removed] ]twitter [ [link removed] ]website [ [link removed] ]
? Washington State Department of Labor & Industries.
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Washington State Department of Labor & Industries ??7273 Linderson Way SW???Tumwater WA 98501
