The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed October 1, 2024
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: Expedited Proposal (CR-105) – Workplace Violence in Health Care
Brief Description: The purpose of this expedited proposal is to create new chapter 296-830 WAC, Workplace violence in health care, to adopt into rule statutory requirements under chapter 49.19 RCW Safety – Health care settings; chapter 72.23 RCW, Public and private facilities for mentally ill; and chapter 49.95 RCW, Long-term care workers. The requirements under these existing statutes require employers in covered health care settings to establish a program to address workplace violence and abusive behavior in health care settings, which includes creating policies, providing training to employees and recording incidents. Prior to this rulemaking, L&I’s Division of Occupational Safety and Health has addressed enforcement of the requirements under chapters 49.19 and 72.23 RCW, and through DOSH Directive 5.07. This rulemaking proposes to add the statutory requirements into rule, providing additional clarity to employers and employees in these health care settings on the requirements, and provide additional transparency to identify and track violations.
Written objections due by: December 2, 2024, by 5 p.m.
Additional information about this rulemaking:
CR-105 Expedited Proposal
Proposal Language
Division: Fraud Prevention and Labor Standards (Employment Standards)
Topic: Adoption (CR-103) – Subminimum Wage Certificates (ESSB 5284 Implementation)
Brief Description: This rulemaking amends and repeals rules relating to subminimum wage certificates issued for the employment of individuals with disabilities at less than the minimum wage under chapter 296-126 WAC, Standards of labor for the protection of the safety, health and welfare of employees for all occupations subject to chapter 49.12 RCW; and chapter 296-128 WAC, Minimum wages. This adoption amends WAC 296-126-001, 296-126-010, 296-126-015, and 296-126-020 to remove applicable subsections, and repeals WAC 296-128-050 through 296-128-090.
This rulemaking is needed to implement RCW 49.46.170(2), enacted under 2021’s Engrossed Substitute Senate Bill 5284 (Chapter 97, Laws for 2021), which eliminated L&I’s authority to issue any subminimum wage certificates for the employment of individuals with disabilities under RCW 49.12.110 and 49.46.060 as of July 31, 2023.
Effective date: November 1, 2024
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Division: Insurance Services (Employer Services)
Topic: Proposal (CR-102) – Workers’ Compensation Incentives: Preferred Worker & Stay at Work (SHB 2127 & HB 1927 Implementation)
Brief Description: The purpose of this rulemaking is to implement requirements of Substitute House Bill 2127(Chapter 90, Laws of 2024). L&I proposes to amend Chapters 296-16 and 296-16A WAC to increase reimbursements and incentives for the Stay at Work and Preferred Worker programs.
This rulemaking will also implement House Bill 1927 (Chapter 144, Laws of 2024) regarding reducing the number of consecutive days of time-loss required to qualify for preferred worker certification from 14 to 7 days.
Public hearing date: November 12, 2024 (Tumwater, with virtual and telephonic options)
Written comments due by: November 12, 2024, 5:00 p.m.
Intended adoption date: November 19, 2024
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Division: Insurance Services (Return to Work Partnerships)
Topic: Proposal (CR-102) – Vocational Rehabilitation (SHB 2127 Implementation)
Brief Description: The purpose of this rulemaking is to implement requirements of Substitute House Bill 2127 (Chapter 90, Laws of 2024) concerning a new vocational skill enhancement benefit and increased amounts for job modification and pre-job accommodations. L&I proposes to amend Chapter 296-19A WAC to correct RCW subsection references, update benefit amounts for job modification and pre-job accommodations, and clarify the ability of vocational counselors to help workers access skill enhancement training and how these skills are reported.
Public hearing date: November 12, 2024 (Tumwater, with virtual and telephonic options)
Written comments due by: November 12, 2024, 5:00 p.m.
Intended adoption date: November 19, 2024
Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
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