Rules filed May 31, 2024
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The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed May 31, 2024
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Division: *Division of Occupational Safety & Health (DOSH)*
Topic: *Adoption (CR-103) – Safety Standards for Quotas for Warehouse Distribution Centers (2SHB 1762 Implementation)*
Brief Description: This rulemaking creates new protections under chapters 296-35 and 296-360 WAC to protect the health and safety of employees who are subject to quotas in warehouse distribution centers, thereby implementing portions of Second Substitute House Bill 1762 [ [link removed] ] (2SHB 1762), codified under chapter 49.84 RCW [ [link removed] ]. The Division of Occupational Safety and Health (DOSH) shares responsibility for enforcing 2SHB 1762 with L&I’s Fraud Prevention and Labor Standards (FPLS), which conducted separate but coordinated rulemaking (below).
These adopted rules establish the following safety standards:
* Require quotas to take into account reasonable travel time and time to use the restroom.
* Establish how DOSH will determine employer size for purposes of determining penalties under the rule.
* Outline when a quota will be considered a violation of the Washington Industrial Safety and Health Act (WISHA) as established in RCW 49.84.032. The rule includes examples of activities or equipment to help employers understand what may contribute to a quota being found unlawful.
* Establish recordkeeping requirements.
* Establish and reiterates protections from adverse actions when an employee does not meet an unlawful quota, and general retaliation protections. The retaliation provisions include reiterating the rebuttable presumption established in RCW 49.84.040.
*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] ]
Final Cost Benefit Analysis (CBA) [ [link removed] ]
Division: *Fraud Prevention and Labor Standards (Employment Standards)*
Topic: *Adoption (CR-103) – Labor Standards for Quotas at Warehouse Distribution Centers (2SHB 1762 Implementation)*
Brief Description: This rulemaking creates new protections under chapter 296-136 WAC for workers of warehouse distribution centers who are subject to performance quotas, thereby implementing portions of Second Substitute House Bill 1762 [ [link removed] ] (2SHB 1762), codified under chapter 49.84 RCW [ [link removed] ]. Fraud Prevention and Labor Standards (FPLS) shares responsibility for enforcing 2SHB 1762 with L&I’s Division of Occupational Safety and Health (DOSH), which conducted separate but coordinated rulemaking (above).
The provisions enforced by FPLS require employers to:
* Provide quota descriptions to employees.
* Ensure quotas account for:
* Rest breaks.
* Time to travel to break locations.
* Time to perform an activity required by the employer to complete the work subject to a quota.
* Refrain from retaliating or taking other adverse action related to protections under the chapter and rules.
The rule clarifies and provides employers additional guidance on the quota protections established by 2SHB 1762. The rule also describes the enforcement mechanisms FPLS will use to enforce the requirements, including the complaint, investigation, citation, and appeal processes. The rule provides remedies and penalties for violations of the rule.
*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] ]
Final Cost Benefit Analysis (CBA) [ [link removed] ]
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 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 increase the Resource Based Relative Value Scale (RBRVS) conversion factor, increase the anesthesia conversion factor and increase 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, 2024*
Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
Concise Explanatory Statement (CES) [ [link removed] ]
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Washington State Department of Labor & Industries · 7273 Linderson Way SW · Tumwater WA 98501
