The Department of Labor & Industries (L&I) updated its rules website

Washington State Department of Labor & Industries sent this bulletin at 11/19/2019 05:47 PM PST

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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

The Department of Labor & Industries (L&I) updated its rules website

Rules filed November 19, 2019

Division: Insurance Services (Employer Services)

Topic: Adoption (CR-103) - Occupational Disease Date of Injury

Brief Description: This adoption amends WAC 296-17-870, Evaluation of actual losses. An employer’s experience rating is a factor in determining rates they pay for workers’ compensation insurance. The date of injury is a factor in determining the experience rating. Adopting this change codifies L&Is practice to use the date a claim is received as the date of injury for an occupational disease claim for experience rating purposes.

Effective date: January 1, 2020

CR-103 Adoption

Adoption Language

Division: Insurance Services (Legal Services)

Topic: Preproposal (CR-101) - Occupational Disease Presumption

Brief Description: Legislation passed during the 2019 and 2018 sessions (Chapter 133, Laws of 2019, House Bill 1913; and Chapter 264, Laws of 2018, Substitute Senate Bill 6214) resulted in updates to RCW 51.32.185. The purpose of this rulemaking is to amend existing rules conflicting with the law, and to clarify presumptive coverage for certain firefighters, law enforcement officers, and emergency medical technicians covered under workers’ compensation.

CR-101 Preproposal

Division: Division of Occupational Safety and Health (DOSH)

Topic: Preproposal (CR-101) - Cranes, Rigging, and Personnel Lifting

Brief Description: The rulemaking under consideration is federally-initiated. The Occupational Safety and Health Administration (OSHA) recently updated their standard for cranes and derricks in construction by clarifying each employer's duty to ensure the competency of crane operators through training, certification or licensing, and evaluation. OSHA also altered a provision that required different levels of certification based on the rated lifting capacity of equipment. While testing organizations are not required to issue certifications distinguished by rated capacities, they are permitted to do so, and employers may accept them or continue to rely on certifications based on crane type alone. OSHAs rule also establishes minimum requirements for determining operator competency. Finally, state-initiated amendments will also be proposed to address other areas in chapter 296-155 WAC relating to cranes that either need to be updated based on current industry practice or clarifying some of the language to maintain safety and health protections for employees.

CR-101 Preproposal