The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed November 22, 2022
For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar.
Division: Division of Occupational Safety and Health (DOSH)
Topic: Adoption (CR-103) – Safety Standards for Ship Repairing, Shipbuilding and Shipbreaking
Brief Description: The purpose of this rulemaking is to better align chapter 296-304 WAC, Safety standards for ship repairing, shipbuilding and shipbreaking, with the U.S. Occupational Safety and Health Administration (OSHA) personal protective equipment requirements for eye and face protection for Shipyard Employment found at 29 CFR 1915, Subpart I. This rulemaking ensures chapter 296-304 WAC is at least as effective as OSHA requirements, as statutorily required per chapter 49.17 RCW, the Washington Industrial Safety and Health Act. Additionally, this rulemaking incorporates housekeeping and formatting changes.
Effective date: December 26, 2022
The links below provide additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
Division: Field Services and Public Safety (Electrical Program)
Topic: Proposal (CR-102) – Electrical Rules (SSB 6126 Implementation)
Brief Description: The purpose of this rulemaking is to propose amendments to the qualifications for journey level electrician examinations under WAC 296-46B-945. Amendments are required to implement Substitute Senate Bill 6126 (SSB 6126) (Chapter 249, Laws of 2018). SSB 6126 enacted apprenticeship requirements for journey level electrician examination candidates that take effect July 1, 2023. SSB 6126 gives L&I the authority, until July 1, 2025, to permit applicants that have obtained experience and training equivalent to a journey level apprenticeship program to take the examination, if the applicant has “good cause” for not completing the minimum hours of work applicable on July 1, 2023 (RCW 19.28.195). L&I is authorized to exercise this discretion until July 1, 2025. Under the proposed rules, L&I is exercising the discretion provided in the law to allow temporary alternative pathways to qualify for the 01 journey level electrician examination through a “good cause” exemption.
The proposed amendments include modifying the rules for general housekeeping, such as reference corrections, renumbering, formatting, and replacing written numbers with numerals.
Public hearing date: January 4, 2023 (Tumwater, with audio/virtual options)
Written comments due: January 4, 2023
Intended adoption date: January 31, 2023
The links below provides additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Preliminary Cost-Benefit Analysis (CBA)
Division: Insurance Services (Legal Services)
Topic: Proposal (CR-102) – Presumptive Coverage of Posttraumatic Stress Disorder (PTSD) as an Occupational Disease
Brief Description: The purpose of this rulemaking is to propose amendments to WAC 296-14-300, Mental condition/mental disabilities, necessary to implement legislation passed in 2018 and 2020. WAC 296-14-300 provides for coverage of mental conditions or mental disabilities that specify pain primarily as a psychiatric symptom or that are characterized by excessive or abnormal thoughts, feelings, behaviors or neurological symptoms are not clinically related to occupational exposure. PTSD qualifies as such a medical condition and is covered as an occupational disease for certain industries.
Substitute Senate Bill 6214 (SSB 6214) (Chapter 264, Laws of 2018) and Substitute House Bill 2758 (SHB 2758) (Chapter 234, Laws of 2020) resulted in updates to RCW 51.08.142 and RCW 51.32.185, and added a new section to chapter 51.08 RCW. This rulemaking proposes to amend existing rules conflicting with the law and clarify coverage of PTSD under workers’ compensation. SSB 6214 provides a prima facie presumption for certain firefighters and law enforcement officers covered under worker’ compensation for occupational disease PTSD as provided by RCW 51.08.142 and RCW 51.32.185. SHB 2758 added public safety telecommunicators as a job class where PTSD may be considered as an occupational disease as provided by RCW 51.08.142. This rulemaking adds those specified industries and presumption into department rules on industrial insurance coverage.
Public hearing date: January 13, 2023 (Audio/visual hearing only)
Written comments due: January 13, 2023
Intended adoption date: March 21, 2023
The links below provides additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Division: Insurance Services (Legal Services)
Topic: Proposal (CR-102) – Pension Discount Rate (PDR) 2023
Brief Description: The purpose of this rulemaking is to propose lowering the pension discount rate (PDR) in WAC 296-14-8810 to better align with the rate of return for long-term treasuries for self-insured pensions. The PDR is the interest rate used to account for the time value money when evaluating the present value of future pension payments. This rule proposes to lower the PDR for self-insured employers from 5.7 percent to 5.6 percent effective April 1, 2023. These reductions allow our financial statements to more accurately reflect our liabilities and overall financial position, and are consistent with recommendations from our annual independent actuarial review of our rate making.
Public hearing date: January 4, 2023 (Audio/visual hearing only)
Written comments due: January 4, 2023
Intended adoption date: January 31, 2023
The links below provides additional information about this rulemaking:
CR-102 Proposal
Proposal Language
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