List of Recent and Upcoming RCW Updates.
Below are a list of recent and upcoming RCW Updates. Click on the links to review them in their entirety.
RCW 51.08.178 Wages – Monthly wages as basis of compensation – Computation thereof. The updated statute adds section 5(a)(b) indicating monthly wages for residents, inmates, or patients of a state, county, or municipal correctional, detention, treatment or rehabilitative institution, will be calculated using the usual wage paid to other employees (outside of the institution) performing the same or similar work. The statute also requires the department to report the number of people affected by this change to the legislature. The amended statute is effective June 9, 2022.
RCW 51.28.040 Application for change in compensation. The updated statute creates an exception allowing the effective date of reopening to be more than 60 days (up to a maximum of 120 days) when the medical provider fails to submit the reopening application timely and the worker can show the worker portion was submitted within 30 days of the medical service to either the medical provider, the department, or self-insured employer. The update also requires the department and self-insured employer to encourage the worker to submit the reopening application to the provider within 30 days of the medical service, and provide notice to both the worker and medical provider the reopening application must be received within 60 days of the medical service. This amended statute is effective
June 9, 2022.
RCW 51.32.181 Occupational diseases – Public health emergencies – Infectious or contagious diseases. This updated statute adds Department of Licensing employees who work with the public, in regards to driver licensing, to the list of frontline employees for presumptive workers compensation coverage occurring during a public health emergency. The amended statute is effective June 9, 2022.
These additional RCWs have been updated for Insurance Services.
RCW 51.04.190 Transportation network companies and drivers. This creates a new section in 51.04 RCW stating Title 51 RCW requirements for transportation network companies are not considered a factor in determining an employer-employee relationship for any other rights, benefits, or obligations for other state and local employment laws; and by complying with Title 51 RCW, it satisfies the requirement under any county, city, town, or other municipal corporation ordinance requiring compensation or benefits for workplace injuries or occupational disease. The new section is effective January 1, 2023.
RCW 51.08.070 Employer – Exception. This updated statute includes a transportation network company as an employer with an exception, the driver must be engaged in passenger and dispatch platform time. The amended statute is effective January 1, 2023.
RCW 51.08.180 Worker – Exceptions. This updated statute includes the driver is only considered a worker while the driver is engaged in passenger and dispatch platform time. The amended statue is effective January 1, 2023.
RCW 51.12.020 Employments excluded. This updated statute removes the exemption for transportation network company drivers. The amended statute is effective January 1, 2023.
RCW 51.16.060 Quarterly report of payrolls. This updated statute excludes transportation network companies from requirements, clarifying the companies are not employers. This also includes language for reporting driver platform time and compensation quarterly. The amended statute is effective January 1, 2023.
RCW 51.16.250 Transportation network companies – Premiums – Rules. This creates a new section in 51.16 RCW indicating the department will assess premiums for transportation network companies (TNC) for TNC drivers only while the driver is engaged in passenger and dispatch platform time. This section also states premium rates for TNC will be calculated using hours worked by drivers while the driver is engaged in passenger and dispatch platform time with rates established for taxi companies. The department may adjust subsequent premiums in accordance with department rules. The new statute will be effective January 1, 2023.
RCW 51.32.187 Exposed workers – Prima facie presumption of certain occupational diseases – Rebuttal – Definitions. This updated statute expands the definition of coverage from only Department of Energy Hanford site workers to a more generic definition, including workers who work at other radiological hazardous waste facilities, excluding military installations. The update also excludes communicable diseases from the covered conditions of respiratory diseases and neurological diseases. The amended statute is effective March 11, 2022.
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