The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed November 21, 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: Adoption (CR-103) – Surgical Smoke (SHB 1779 Implementation)
Brief Description: This rulemaking adds a new part (R-1 – Surgical Smoke) to Chapter 296-62 WAC, General Occupational Health Standards. The new part is necessary for L&I to implement and enforce Substitute House Bill 1779 (SHB 1779), passed by the Washington State legislature in 2022 (codified as RCW 49.17.500), which becomes effective January 1, 2024. SHB 1779 requires employers in hospitals and ambulatory surgical centers to adopt and adhere to policies covering the use of smoke evacuation systems to protect workers who may be exposed to surgical smoke. Surgical smoke is a mixture of particulates, vapors, and gases released by energy generating medical devices. Devices utilize lasers, electricity, heat, or plasma to cut, remove, or adhere body tissues. Smoke is irritating and may include toxic or infectious components. Evacuation systems utilize a suction system, which may be incorporated into the surgical tool, to capture the smoke and filter or exhaust it away from workers and patients.
The rule adopts language from RCW 49.17.500 and provides clarity regarding which employers are covered under the scope. RCW 49.17.500 states the law does not apply to hospitals with fewer than 25 acute care beds in operation. L&I interprets “in operation” as “licensed” beds to make sure the rule applies to the correct facilities.
Effective date: January 1, 2024
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Division: Insurance Services (Employer Services)
Topic: Adoption (CR-103) – Reporting and Classification Amendments for 2024
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 under Chapters 296-17 and 296-17A WAC. 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. 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.
L&I is required by law to establish and maintain a workers’ compensation classification plan that classifies all occupations or industries in accordance with their degree of hazard and in a manner consistent with recognized insurance principles (RCW 51.16.035). L&I amended some classifications to increase ease of reporting, and ensure consistent and equitable treatment to businesses.
As a part of this rulemaking, L&I updated the trucking reporting and classification rules based on recommendations from a cross-divisional workgroup. These updates clarify L&I’s practice of determining interstate or intrastate trucking based on where the driver drives rather than the location of the load being hauled.
Lastly, L&I changed the word “servant” to “worker” in Classification 6510 Domestic servants/home care assistance employed in or about the private residence of a home owner, as “worker” is a more respectful term. L&I received requests from industry to change this language. We look forward to any opportunity in the future to update RCW 51.12.020 to make the same improvement.
Effective date: January 1, 2024
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
Division: Insurance Services (Health Services Analysis)
Topic: Preproposal (CR-101) – Naturopathic Physician Services
Brief Description: The purpose of this rulemaking is to update billing and coding requirements for naturopathic physicians to support consistency with other payers and other attending provider types. This rulemaking intends to amend WAC 296-23-205, General instructions—Naturopathic physicians, and to repeal WAC 296-23-215, Office visits and special services—Naturopathic physicians.
Additional information about this rulemaking:
CR-101 Preproposal
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