Rules filed May 21, 2024



Having trouble viewing this email? View it as a Web page [ [link removed] ].


washington state department of labor and industries - updates from l and i - www dot l n i dot w a dot gov - 3609025800 [ [link removed] ]
The Department of Labor & Industries (L&I) updated its rulemaking website

Rules filed May 21, 2024

For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar [ [link removed] ]. [ [link removed] ]



Division: *Division of Occupational Safety & Health (DOSH)*

Topic: *Expedited Proposal (CR-105) – Wildfire Smoke*

Brief Description: The purpose of this expedited rulemaking is to update the Air Quality Index (AQI) values referenced in chapter 296-820 WAC and chapter 296-307 WAC, Part G-1, to reflect changes the Environmental Protection Agency (EPA) made to the AQI that became effective on May 6, 2024. This ensures that the regulated community will be able to comply with the rule requirements when using data sources that do not display the hourly PM2.5 concentrations.

In 2023, L&I completed rulemaking on the hazards of wildfire smoke exposure to outdoor workers. The primary pollutant in wildfire smoke is harmful fine particles, referred to as PM2.5. The wildfire smoke rules require employers to implement protective measures based on the current concentration of PM2.5 measured in micrograms per cubic meter (µg/m3). The AQI is a unitless index created by the EPA to communicate air quality conditions to the public. While the rules are based on hourly average PM2.5 concentrations, they reference the corresponding AQI for workers and employers who choose to use the AQI to determine the amount of smoke in the air.

L&I determined that expedited rulemaking is appropriate because it proposes to update language to reflect the EPA’s recent revisions to the AQI. The EPA’s revisions were published in the Federal Register on March 6, 2024, and went into effect on May 6, 2024. No substantive changes to the requirements of the wildfire smoke rules were made.

*Written objections due by: July 22, 2024*

Additional information about this rulemaking:
CR-105 Expedited Proposal [ [link removed] ]
Proposal Language [ [link removed] ]



Division: *Insurance Services (Self-Insurance Program)*

Topic: *Adoption (CR-103) –* *Self-Insured Good Faith and Fair Dealing*

Brief Description: The purpose of this rulemaking is to implement Substitute House Bill 1521 (SHB 1521), Chapter 293, Laws of 2023, and RCW 51.14.180 requires L&I to adopt rules to identify applications of the duty of good faith and fair dealing and to determine criteria for setting appropriate penalties for violations. Rule changes were also needed to support processes necessary in the event a self-insurer must be decertified, such as by accruing three violations of the duty of good faith and fair dealing in three years. Additional amendments were made to chapter 296-15 WAC, Workers' compensation self-insurance rules and regulations, to clarify or streamline agency processes related to the topics of rule adoption.

*Effective date: July 1, 2024*

Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
Final Cost Benefit Analysis (CBA) [ [link removed] ]
Concise Explanatory Statement (CES) [ [link removed] ]



Division: *Insurance Services (Health Services Analysis)*

Topic: *Adoption (CR-103) – 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 amended WAC 296-23-205, General instructions—Naturopathic physicians, and repealed WAC 296-23-215, Office visits and special services—Naturopathic physicians.

*Effective date: July 1, 2024*

Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
Concise Explanatory Statement (CES) [ [link removed] ]



Division: *Insurance Services (Employer Services)*

Topic: *Preproposal (CR-101) – Reporting and Classification Amendments for 2025*

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. 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 impact employer rates.

L&I also intends to review chapter 296-17 WAC, General Reporting Rules, Audit and Recordkeeping, Rates and Rating System for Washington Workers’ Compensation Insurance; and chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance; for need, clarity, and consistency to make changes where possible to reduce the regulatory burden on employers insured with the State Fund.

Also as part of this rulemaking, L&I intends to respond to legislation that may require implementation.

Additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]








facebook [ [link removed] ]twitter [ [link removed] ]website [ [link removed] ]

© Washington State Department of Labor & Industries.

[email protected]

[ [link removed] ]Access Agreement [ [link removed] ] | Privacy & Security Statement [ [link removed] ] | Intended Use/External Content Policy [ [link removed] ]







Subscribe/unsubscribe or modify your account settings [ [link removed] ]. You will need your email address to log in. If you have questions or problems with the subscription service, please visit subscriberhelp.govdelivery.com [ [link removed] ].

 

________________________________________________________________________

Washington State Department of Labor & Industries · 7273 Linderson Way SW · Tumwater WA 98501