The Department of Labor & Industries updated its rules website
Rules filed October 22, 2019
Division: Division of Occupational Safety and Health (DOSH)
Topic: Adoption (CR-103) – Worker Protection Standard (WPS)
Brief Description: This rule adoption updates the Worker Protection Standard (WPS) rules in chapter 296-307 WAC, Safety Standards for Agriculture, Part I, Pesticides. The Environmental Protection Agency (EPA) issued new requirements in 2015 for agricultural employers and handler employers in the WPS, 40 CFR Part 170. The Washington State Department of Labor & Industries (L&I) and the Department of Agriculture (WSDA), as required, coordinated the adoption of the standards to protect workers from pesticides. The goal was to ensure consistency between these departments in rule implementation and enforcement, and to avoid conflict in interpretation and application of the rules.
L&Is rules are identical to the federal and the WSDA WPS rules, with some exceptions. Rules regarding the following areas remain the same, and are more protective:
- Definition of immediate family;
- Cartridge change out schedule;
- Enclosed cab respirator;
- Use of most protective personal protective equipment;
- Eyewashes must provide 0.4 gallons or 1.5 liters per minute for 15 minutes with single point of operation; and
- Heat stress requirements retained.
Effective date: February 3, 2020
http://www.lni.wa.gov/rules/AO16/35/1635CR103.pdf
http://www.lni.wa.gov/rules/AO16/35/1635Adoption.pdf
L&I is undergoing a website redesign that will launch on Nov 2, and the links to these documents will no longer work. Effective Nov 2, please use this link to access information and documents pertaining to this rulemaking: https://Lni.wa.gov/rulemaking-activity/
Division: Division of Occupational Safety and Health (DOSH)
Topic: Expedited Proposal (CR-105) - Change Log Phase 5 (Miscellaneous Housekeeping Changes)
Brief Description: The purpose of this expedited rulemaking is to propose amendments to resolve outstanding housekeeping issues that are on the Division of Occupational Safety and Health’s (DOSH) change log. No requirements are being affected during this rulemaking as changes are only for clarification purposes.
The amendments being proposed pertain to:
- WAC 296-304-02007, Hot work
- WAC 296-800-16055, Make sure your employees use appropriate head protection
- WAC 296-800-240, Summary
- WAC 296-800-27010, Make sure that floors are safe
- WAC 296-806-47004, Safeguard nip points of roll-forming and bending machines
- WAC 296-811-099, Definitions
- WAC 296-824-50030, Provide rescue and medical assistance
- WAC 296-835-11010, Provide proper ventilation for the vapor area
- WAC 296-863-099, Definitions
- WAC 296-863-30035, Make sure battery charging areas are safe
Written objections due by: December 23, 2019
http://www.lni.wa.gov/rules/AO19/24/1924CR105.pdf
http://www.lni.wa.gov/rules/AO19/24/1924Proposal.pdf
L&I is undergoing a website redesign that will launch on Nov 2, and the links to these documents will no longer work. Effective Nov 2, please use this link to access information and documents pertaining to this rulemaking: https://Lni.wa.gov/rulemaking-activity/
Division: Insurance Services
Topic: Proposal (CR-102) – Pension Discount Rate (PDR)
Brief Description: The purpose of this rulemaking is to update chapter 296-14 WAC, Industrial Insurance, regarding the pension discount rate (PDR) for self-insurance. The PDR is the interest rate used to account for the time value of money when evaluating the present value of future pension payments. The purpose of this proposal is to lower the PDR for annual investment returns for the reserve funds for self-insured employers by reducing the self-insured pension discount rate from 6.0% to 5.9%.
Public hearing date: December 2, 2019
Written comments due by: December 2, 2019
Intended adoption date: January 2, 2020
http://www.lni.wa.gov/rules/AO19/19/1919CR102.pdf
http://www.lni.wa.gov/rules/AO19/19/1919Proposal.pdf
L&I is undergoing a website redesign that will launch on Nov 2, and the links to these documents will no longer work. Effective Nov 2, please use this link to access information and documents pertaining to this rulemaking: https://Lni.wa.gov/rulemaking-activity/
Division: Insurance Services (Return to Work Partnerships)
Topic: Adoption (CR-103) – Vocational Rehabilitation
Brief Description: This rule adoption updates chapter 296-19A WAC, Vocational Rehabilitation. This rulemaking supports L&I’s vocational recovery effort by:
- Ensuring expectations of vocational providers are better aligned with the return-to-work language in RCW 51.32.095;
- Addressing certain requirements for vocational firms; and
- Outlining when and to what degree vocational providers may be subject to corrective action or sanctions.
Effective date: January 1, 2020
http://www.lni.wa.gov/rules/AO19/11/1911CR103.pdf
http://www.lni.wa.gov/rules/AO19/11/1911Adoption.pdf
L&I is undergoing a website redesign that will launch on Nov 2, and the links to these documents will no longer work. Effective Nov 2, please use this link to access information and documents pertaining to this rulemaking: https://Lni.wa.gov/rulemaking-activity/
Division: Field Services and Public Safety (Factory Assembled Structures Program)
Topic: Preproposal (CR-101) - Factory Assembled Structures (FAS) Fee Increase
Brief Description: The purpose of this rulemaking is to consider a fee increase of 5.08% to support operating expenses for inspections and other public safety activities for the Factory Assembled Structures (FAS) program. This is the Office of Financial Management’s (OFM) maximum allowable fiscal growth rate for fiscal year 2020.
The fee increase under consideration pertains to:
- WAC 296-150C-3000, Commercial coach fees
- WAC 296-150F-3000, Factory-built housing and commercial structure fees
- WAC 296-150M-3000, Manufactured/mobile home fees
- WAC 296-150P-3000, Recreational park trailer fees
- WAC 296-150R-3000, Recreational vehicle fees
- WAC 296-150T-3000, Factory-built temporary worker housing fees
- WAC 296-150V-3000, Conversion vendor units and medical units – Fees
http://www.lni.wa.gov/rules/AO19/25/1925CR101.pdf
L&I is undergoing a website redesign that will launch on Nov 2, and the link to this document will no longer work. Effective Nov 2, please use this link to access information and documents pertaining to this rulemaking: https://Lni.wa.gov/rulemaking-activity/
Division: Field Services and Public Safety (Elevator Program)
Topic: Preproposal (CR-101) - Elevator Rules
Brief Description: The purpose of this rulemaking is to consider changes to the elevator rules to improve public safety, based on a review of the rules and proposals from stakeholders. The changes under consideration would update and clarify existing rules, increase fees, make housekeeping, and other rule changes.
During 2018, L&I engaged in rulemakings that adopted new safety codes and made changes to the licensing rules. During the past 2018 process, L&I received proposals from stakeholders for additional potential rule revisions. On January 22, 2019, L&I filed a preproposal statement of inquiry (CR-101) to initiate rulemaking to address requests from stakeholders held over from the past 2018 rulemaking process and to further update and clarify the existing rules (WSR 19-03-162). The CR-101 listed specific sections of chapter 296-96 WAC under consideration for possible changes.
Washington’s elevator stakeholders were invited to participate in the review of the existing rules, submit proposals for changes to the rules, and provide recommendations to the department regarding possible rule changes. In April and May 2019, a Technical Advisory Committee (TAC) of industry experts and the Elevator Safety Advisory Committee (ESAC) reviewed proposals and provided recommendations to the department on adoption of the rules.
Since some of the recommended changes where outside the scope of the CR-101 filed on January 22, 2019, the CR-101 was withdrawn. L&I is filing this new CR-101 to expand the scope of the rulemaking to include consideration of the department, TAC, and the ESAC 2019 recommended changes and other possible changes to chapter 296-96 WAC that may be identified during this rule development process. This rulemaking will also consider increasing fees by 5.08% to support operating expenses for inspections and other public safety activities for the Elevator Program. This is the Office of Financial Management’s (OFM) maximum allowable fiscal growth factor rate for fiscal year 2020.
http://www.lni.wa.gov/rules/AO19/26/1926CR101.pdf
L&I is undergoing a website redesign that will launch on Nov 2, and the link to this document will no longer work. Effective Nov 2, please use this link to access information and documents pertaining to this rulemaking: https://Lni.wa.gov/rulemaking-activity/
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