Rules filed March 21, 2023 and March 22, 2023



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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 *March 21, 2023 and March 22, 2023*

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:?*Proposal (CR-102) ? Outdoor Ambient Heat Exposure*

Brief Description:?The purpose of this rulemaking is to update the outdoor heat exposure rules in all industries under chapter 296-62 WAC, General Occupational Health Standards, and chapter 296-307 WAC, Safety Standards for Agriculture. On June 28, 2021, L&I received a petition for rulemaking requesting changes to L&I?s rules to include more specific requirements to prevent heat-related illness and injury. The petition for rulemaking was accepted recognizing the need to reexamine the current rules, especially in light of information suggesting the occurrence of heat illnesses below the current trigger temperatures and the increasing temperatures experienced in our state since the rule was first established in 2008.

L&I filed emergency rules related to outdoor ambient heat in the summer of 2021 and 2022 to protect outdoor workers from heat-related illnesses due to outdoor heat exposure. The current rules do not affirmatively address preventative measures to avoid overheating other than access to drinking water. The hazards of heat are well documented and research suggests the occurrence of heat-related illnesses below the current trigger temperatures. Research also documents increased temperatures in Washington since the rule was first established. L&I has determined that rulemaking is necessary for the preservation of worker health and safety.

The proposed updates add the importance of acclimatization and considerations for cool-down rest periods, gradual increase of work in the heat and importance that employees are unable to build tolerance to working in the heat. They also add the importance of taking preventative cool-down rest periods, and mandatory rest periods when temperatures exceed 90 degrees Fahrenheit. They add training requirements for procedures for shade or other means to reduce body temperature, and employer?s procedures for close observation of employees. Finally, they add the importance of considering the use of engineering or administrative controls to reduce exposure.

Public hearing dates: ???? April 25, 2023 (Bellingham) [ [link removed] ]

????????????????????????????????????????April 26, 2023 (Kennewick) [ [link removed] ]

? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?April 27, 2023 (Spokane) [ [link removed] ]

? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?May 2, 2023 (Tukwila) [ [link removed] ]

? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?May 3, 2023 (Vancouver) [ [link removed] ]

? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?May 4, 2023 (Virtual and Telephonic) [ [link removed] ]

Written comments due: May 11, 2023

Intended adoption date: June 15, 2023

The links below provide additional information about this rulemaking:
CR-102 Proposal
[link removed] [ [link removed] ]
Proposal Language
[link removed] [ [link removed] ]
Preliminary Cost-Benefit Analysis (CBA)
[link removed] [ [link removed] ]
Small Business Economic Impact Statement
[link removed] [ [link removed] ]

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

Topic:?*Adoption (CR-103) ? Beryllium*

Brief Description:?

This rulemaking adopts amendments to chapter 296-850 WAC, Beryllium, necessary to align with the federal Occupational Safety and Health Administration (OSHA) Final Rule Revising the Beryllium Standard for General Industry, 29 CFR 1910.1024 and OSHA Final Rule Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors, 29 CFR 1915.1024 and 1926.1124. These amendments clarify certain provisions and simplify or improve compliance, in keeping with the updated federal rules, which OSHA asserts, ?are designed to maintain or enhance worker protections overall by ensuring that the rule is well understood and compliance is more straightforward.? OSHA?s final rule also eliminated some requirements for construction and maritime that remain in chapter 296-850 WAC because the Washington rule covers all industries and clarifying language to that effect has been added where appropriate.

Effective date: April 1, 2023

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

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

Topic:?*Preproposal (CR-101) ? Voluntary Use of Personal Protection Equipment (PPE)*

Brief Description:?The Department of Labor and Industries (L&I) is considering permanent rulemaking to allow the voluntary use of personal protective equipment (PPE) when workers feel the need to protective themselves from noise, dust, or possible infectious or contagious diseases. The voluntary use of PPE must not introduce hazards to the work environment and facial coverings must not interfere with an employer?s security requirements.

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

Division:?*Fraud Prevention and Labor Standards (Employment Standards)*

Topic:?*Adoption (CR-103) ? Transportation Network Companies (TNC) Corrections*

Brief Description:?This rulemaking adopts amendments to correct inadvertent errors in WAC 296-128-99050 and 296-128-99290 and to update WAC 296-128-99030 for clarity, all filed under WSR 22-24-034 [ [link removed] ] on November 30, 2022. The adopted language clarifies that a 12-month period is an acceptable interpretation of the 365 calendar day requirement outlined in WAC 296-128-99030(2)(g) adopted effective January 1, 2023. The adopted amendments only corrected typographical errors or clarify language of a rule without changing its effect

Effective date: April 21, 2023

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

Division: *Insurance Services (Health Services Analysis)*

Topic: *Proposal (CR-102) ? Medical Aid Rules - Conversion Factors*

Brief Description:?The purpose of this rulemaking is to update the Medical Aid Rules rates for most professional health care services for injured workers. These rules are updated to continually to follow the established methodologies of L&I and maintain consistency with the Health Care Authority and Medicaid Purchasing Administration. This rulemaking will (1) increase the conversion factor used to calculate payment for anesthesia services; and (2) increase the maximum daily payment for physical and occupational therapy.

Public hearing date: April 26, 2023 [ [link removed] ]
Written comments due: April 26, 2023
Intended adoption date: May 23, 2023

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







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