The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed March 26, 2024
For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar.
Division: Insurance Services (Employer Services)
Topic: Preproposal (CR-101) – Transportation Network Companies (TNC) Classification & TNC Death Benefit (SHB 2382 Implementation)
Brief Description: The purpose of this rulemaking is to update Chapters 296-17 and 296-17A WAC. RCW 51.16.035 requires Labor & Industries (L&I) to classify all occupations or industries by degree of hazard. L&I researched and evaluated the impact of Transportation Network Companies (TNCs) on Classification 1401 Taxi and determined TNCs represent at least 95% of the classification. L&I is considering creating a new risk classification and premium rate for TNCs.
In addition, L&I anticipates creating a rule section to address implementation of 2024’s Substitute House Bill 2382 TNC Death Benefits, which provides for TNC driver death benefits during non-covered times in certain circumstances.
Additional information about this rulemaking:
CR-101 Preproposal
Division: Insurance Services (Legal Services)
Topic: Adoption (CR-103) – Independent Medical Examination (IME) Recording Notification Process and Accompanying Person (SHB 1068 Implementation)
Brief Description: Substitute House Bill 1068 (Chapter 166, Laws of 2023) allows a worker to audio and visually record an independent medical examination (IME), and includes an observer may be present for all examinations with the worker. The updated statute, RCW 51.36.070, requires L&I create rules defining the notification process the worker must follow when they want to record an IME.
This rulemaking creates new rule sections in Chapter 296-23 WAC, and amends WAC 296-23-362. The new sections, WAC 296-23-364 and 296-23-366, define the recording notification process for when a worker wants to record IMEs requested by Labor & Industries and self-insured employers. WAC 296-23-362 is updated as the amended statute includes an observer may be present for all examinations.
Effective date: April 26, 2024
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Final Cost Benefit Analysis (CBA)
Concise Explanatory Statement (CES)
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