The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed May 20 and May 21, 2025
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) – Sanitary Conditions for Construction Workers (EHB 2266 Implementation)
Brief Description: This rulemaking amends Chapter 296-155 WAC, Safety Standards for Construction Work, to implement the requirements of Engrossed House Bill 2266 (Chapter 258, Laws of 2024), codified under RCW 49.17.530, which became effective June 6, 2024.
RCW 49.17.530 requires employers in the construction industry to provide workers performing construction activities and who menstruate or express milk:
• Access to an adequate portable toilet or restrooms, accessible on the worksite, or
access to a permanent structure with a restroom or bathroom.
• Adequate and convenient supply of menstrual hygiene products at no cost to
employees.
• Reasonable accommodations to express milk after a child’s birth each time such
employee has need to express.
Effective date: July 1, 2025
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
Division: Fraud Prevention and Labor Standards (Employment Standards)
Topic: Adoption (CR-103) – Equal Pay and Opportunities Act (SHB 1905 Implementation)
Brief Description: This rulemaking implements Substitute House Bill 1905 (SHB 1905), Chapter 353, Laws of 2024. SHB 1905 expands existing protections against pay and promotion discrimination based on gender found in Chapter 49.58 RCW, the Equal Pay and Opportunities Act. SHB 1905 extends the protections to additional protected classes including but not limited to age, race, and sexual orientation. L&I adopted Chapter 296-123 WAC, Equal Pay and Opportunities, to clarify and implement the provisions of SHB 1905.
L&I also adopted the rule to clarify other requirements created by Chapter 49.58 RCW, including:
• The free discussion of wages and salary.
• Protection against retaliation.
• Wage and salary history privacy.
• Disclosure of wage scale, salary range, and benefits on a job posting.
The adopted rule explains L&I’s enforcement of Chapter 49.58 RCW, and describes L&I’s complaint investigation and resolution processes.
Effective date: July 1, 2025
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
Final Cost Benefit Analysis (CBA)
Division: Insurance Services (Health Services Analysis)
Topic: Adoption (CR-103) – Medical Aid Rules - Conversion Factors
Brief Description: This rulemaking updates a conversion factor provided in WAC 296-20-135 and maximum daily fees provided in WAC 296-23-220 and WAC 296-23-230 for certain professional health care services for injured workers. Rule changes are necessary to maintain current overall fees for health care services, which are published annually in the Medical Aid Rules and Fee Schedules.
These updates change the Resource Based Relative Value Scale (RBRVS) conversion factor, the anesthesia conversion factor and the maximum daily caps to be consistent with the changes for other professional fees resulting from our RBRVS process and changes in the relative value units published by the Centers for Medicare and Medicaid Services.
Effective date: July 1, 2025
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
Division: Insurance Services (Office of the Medical Director)
Topic: Adoption (CR-103) – Psychologists and Physician Assistant as Attending Providers (HB 1197 Implementation)
Brief Description: This rulemaking implements House Bill 1197(Chapter 171, Laws of 2023). The amended rules add psychologists in the case of claims solely for mental health conditions, and physician assistants, as attending providers. The rules also clarify criteria to be used by the attending provider when making a diagnosis of a mental health condition and when commenting on return to work issues. The amended rules consistently uses the term “attending provider” in Title 296 WAC. L&I also amended rules to align with Engrossed Substitute House Bill 2041 (Chapter 62, Laws of 2024).
The following are amended:
• Chapter 296-14 WAC, Industrial Insurance
• Chapter 296-19A WAC, Vocational Rehabilitation
• Chapter 296-20 WAC, Medical Aid Rules
• Chapter 296-21 WAC, Reimbursement Policies: Psychiatric Services, Biofeedback,
Physical Medicine
• Chapter 296-23 WAC, Radiology, Radiation Therapy, Nuclear Medicine, Pathology,
Hospital, Chiropractic, Physical Therapy, Drugless Therapeutics and Nursing—
Drugless Therapeutics, etc.
Effective date: July 1, 2025
Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)
Final Cost Benefit Analysis (CBA)
|
