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

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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 rulemaking website

Rules filed October 18, 2022

For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar.

Division: Field Services and Public Safety (Elevator Program)

Topic: Adoption (CR-103) – Elevator Fee Increase

Brief Description: This rulemaking adopts a 17% fee increase for funding of a new Conveyance Management System (CMS) under chapter 296-96 WAC, Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances. The fee increase is divided into two, 8.5% fee increases, effective January 1, 2023, and January 1, 2024. The fees include licensing, permits, inspections, and other services for conveyances. The fee increase is necessary to fund a new CMS. The CMS is the database used to provide permitting, inspection, and other information. Our current system is aging, failing, and no longer meets the service needs of customers or staff. The new CMS is expected to go-live in January 2024.

Effective date: January 1, 2023

The links below provide additional information about this rulemaking:
CR-103 Adoption

Adoption Language

Concise Explanatory Statement (CES)

Division: Insurance Services (Employer Services)

Topic: Adoption (CR-103) – Classification, Reporting, and Penalties Amendments for 2023

Brief Description: The purpose of this rulemaking is to implement clear rule writing to ensure staff and customers can easily understand and apply the workers’ compensation insurance classification and reporting rules. Classification Development studied some subclassifications for potential reduction in number, and reviewed classification and reporting rules for improvement and clarification. The purpose of this rulemaking is not to make substantive changes to how employers are classified and amendments will not increase employer rates. As part of this rulemaking, L&I reviewed these chapters for need, clarity, and consistency to make changes where possible to reduce the regulatory burden on employers insured with the State Fund.

Also as a part of this rulemaking, the dollar amounts were removed from state fund and self-insurance rules pertaining to penalties and documenting the penalty amounts on the L&I website. Substitute House Bill 2409, 2020 legislative session, requires penalties in chapter 51.48 RCW be updated every three years based on the Consumer Price Index (CPI). Removing penalty amounts from the rules eliminates the need to perform rulemaking every three years when those amounts change. Penalty amounts will be available on L&I’s website and updates will be made every three years.

Effective date: January 1, 2023

The links below provide additional information about this rulemaking:
CR-103 Adoption

Adoption Language

Concise Explanatory Statement (CES)

Division: Insurance Services (Legal Services)

Topic: Proposal (CR-102) – Verification for Presumptive Coverage of Frontline Employees and Health Care Workers

Brief Description: The purpose of this rulemaking is to create rules in chapter 296-14 WAC, Industrial insurance, to explain the verification required by frontline and health care workers documenting the contraction of the infectious or contagious disease and quarantine criteria for health care workers. Engrossed Substitute Senate Bills 5115 (ESSB 5115) and 5190 (ESSB 5190), both passed by the Washington state legislature in 2021, resulted in the creation of RCW 51.32.181 and RCW 51.32.390. This rulemaking is necessary to implement ESSB 5115 and ESSB 5190, which establish presumptive coverage for frontline workers subject to a public health emergency. This rulemaking proposes new rules to clarify what is and is not verification of contraction of an infectious or contagious disease for frontline workers that is the subject of a public health emergency. The rules also clarify what is and is not verification of contraction or quarantine of an infectious or contagious disease for health care workers that is the subject of a public health emergency.

Public hearing date: November 28, 2022 (Audio/visual hearing only)
Written comments due: November 28, 2022
Intended adoption date: January 31, 2023

The links below provide additional information about this rulemaking:
CR-102 Proposal

Proposal Language