The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed February 28, 2023
For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar.
Division: Division of Occupational Safety & Health (DOSH)
Topic: Preproposal (CR-101) – Safety Standards for Firefighters
Brief Description: The purpose of this rulemaking is to amend WAC 296-305-03002, Hazardous materials. As requested in a rule petition, L&I will consider updating rule language about the appropriate selection of chemical, biological, radiological and nuclear (CBRN) ensembles and using the statement of standard for NIOSH CBRN SCBA testing. L&I will also consider updating WAC 296-305-04001, Respiratory equipment protection, which has guidance for breathing air quality for firefighters. The reference to ANSI/CGA G6-1, Commodity Specification for Air, needs to be updated to fix a typo in the standard number.
This link provides additional information about this rulemaking:
CR-101 Preproposal
Division: Field Services and Public Safety (Factory Assembled Structures Program)
Topic: Proposal (CR-102) – Factory Assembled Structures (FAS) Licensed Professional Plan Reviews
Brief Description: The purpose of this rulemaking is to amend the factory assembled structures rules for review and approval of design plans by licensed professional engineers, architects, and firms for commercial coach trailers, factory-built housing and commercial structures, recreational park trailers (also known as park model recreational vehicles and park trailers), recreational vehicles, and conversion vendor units. Since 2021, L&I has adopted emergency rules (WSR 22-01-190, WSR 22-09-063, WSR 22-17-070, WSR 23-01-038) allowing third party reviews by approved licensed professionals to reduce a backlog of design plans for review and approval in the FAS Program. The emergency rule clarifies the procedures for review and approval of design plans for commercial coaches and factory-built and commercial structures by licensed professional engineers, architects, or firms under chapters 296-150C and 296-150F WAC. The emergency rules also allow licensed professionals or firms to review and approve design plans for recreational park trailers, recreational vehicles, and conversion vendor units under chapters 296-150P, 296-150R, and 296-150V WAC. This rulemaking proposes the adoption of permanent rules.
Public hearing date: April 4, 2023 (in-person, virtual, and audio)
Written comments due: April 4, 2023
Intended adoption date: April 11, 2023
The links below provide additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Preliminary Cost-Benefit Analysis (CBA)
Division: Fraud Prevention and Labor Standards (Apprenticeship Program)
Topic: Proposal (CR-102) – Apprenticeship Rules
Brief Description: The purpose of this rulemaking is to update the rules regarding timelines, procedures and content for new apprenticeship program applications as detailed in chapter 296-05 WAC. The Washington State Legislature passed Engrossed Second Substitute Senate Bill 5600 (E2SSB 5600) during the 2022 legislative session, which adds a sustainability assessment requirement to all new apprenticeship program applications. The Washington State Apprenticeship and Training Council (WSATC) now must also consider living wage, presence of a career ladder, and other non-wage benefits for graduating apprentices when considering a new program for approval. To ensure transparency in the approval process, these items need to be included and defined in the rule.
E2SSB 5600 also requires the WSATC to establish economic or industry sector-based platforms, which is a new aspect in the apprenticeship system. The bill highlights the industry sectors for which the platforms may be established, that each must consist of an equal number of employer and employee representatives, and outlines the tasks that the platforms must complete. Rulemaking is required to define how platform members will be selected, the detailed make-up of the platforms (including minimum/maximum number of members, qualifications of platform members, electing a chair and secretary), and further clarify the role of the platforms.
Public hearing date: April 6, 2023 (virtual and audio)
Written comments due: April 6, 2023
Intended adoption date: May 23, 2023
The links below provide additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Division: Fraud Prevention and Labor Standards (Clean Energy Program)
Topic: Proposal (CR-102) – Clean Energy: Labor Standards Certification for Tax Incentives
Brief Description: The purpose of this rulemaking is to implement the Labor Standard Certification requirements for clean and renewable energy tax incentives under Second Substitute House Bill 1988 (2SHB 1988) and Engrossed Substitute Senate Bill 5714 (ESSB 5714), both passed by the Washington state legislature in 2022. 2SHB 1988 and ESSB 5714 allow for tax deferrals on investment projects in clean technology manufacturing, clean alternative fuels production, and renewable energy storage, as well as solar canopies when the project meets certain labor standards and is certified by L&I, supporting Washington’s clean energy economy and transitioning to a clean, affordable, and reliable energy future.
This rulemaking will:
- Reorganize and add terms to the definition section of chapter 296-140 WAC;
- Identify which definitions apply to different sections of the chapter;
- Provide clarity on each type of qualifying clean energy project identified under the rules; and
- Expand language regarding good faith efforts to align with federal and Washington State Department of Transportation’s good faith efforts standards.
Public hearing date: April 11, 2023 (virtual and audio)
Written comments due: April 14, 2023
Intended adoption date: May 23, 2023
The links below provide additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Preliminary Cost-Benefit Analysis (CBA)
Division: Insurance Services (Legal Services)
Topic: Adoption (CR-103) – Verification for Presumptive Coverage of Frontline Employees and Health Care Workers
Brief Description: This rulemaking adopts new rules in chapter 296-14 WAC, Industrial insurance, to implement the requirements of Engrossed Substitute Senate Bills 5115 (ESSB 5115) and 5190 (ESSB 5190), both passed by the Washington state legislature in 2021. These rules define what is and is not verification for contraction by frontline workers and what is and is not verification for contraction or quarantine by health care workers of an infectious or contagious disease that is the subject of a public health emergency.
Effective date: March 31, 2023
The links below provide additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
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