What's the latest news from the Legislative Office at L&I?

L&I is currently in the process of developing action plans and schedules for implementing several pieces of legislation that passed this legislative session.

For a summary of the bills and budget items that passed for L&I, see the Legislation and Budget tabs.

For questions, contact Tamara Jones, L&I's Assistant Director for Legislative and Governmental Affairs.

2010 Legislative Session

Read legislation from 2009, 2008 or 2007.

Legislation Impacting Multiple Divisions or Agency-Wide

E2SHB 2617 – Eliminating certain boards and commissions

• Effective date 6/30/2010, except for certain sections that do not relate to L&I program areas. 
• Eliminates specified boards, committees, and commissions.  L&I is impacted by elimination of the Pesticide Advisory Board, coordinated by the Department of Agriculture.  The WSDA has indicated it will continue to use an informal agency stakeholder advisory group. 
• The legislation also eliminates the Pesticide Incident Review and Tracking (PIRT) Panel, but did not eliminate the duties and responsibilities of the panel.  It is presumed the Department of Health may decide to convene an advisory group to perform the work that was done by PIRT.
• Eliminates subsistence, lodging, and travel allowances for members of boards, commissions, councils, and committees identified as class 1, 2, 3, and 5 groups whose allowances are funded by the State General Fund.  The cost control provisions of the bill (Section 142) will apply to the WISHA Advisory Committee, as a “class 1” committee.

ESHB 2921 – Making 2010 supplemental operating appropriations

• The bill contains an emergency clause and takes effect immediately.
• In addition to operating appropriations, until July 1, 2011, state agencies of the legislative, executive, and judicial branches shall not establish new staff positions or fill vacant existing staff positions except as specifically authorized.
• It also freezes expenditures on personal service contracts (PSC), equipment over $5,000, out of state travel and training.  Several agencies and activities are exempted. 
• Only one exemption specifically applies to L&I – activities necessary to collect revenue, audit or recover funds.  Exemptions on PSC, equipment and travel are also allowed for IT projects approved by the Information Services Board, grant-funded projects, and IT maintenance.  Travel is allowed between Portland and Boise and for direct service delivery. 
• OFM can grant exceptions for critical positions which are published on OFM web page. 
• The freezes are not limited to General Fund.

SSB 6239 – Making technical corrections to gender-based terms

• Effective date 6/10/2010, except Section 9077 which is effective 7/1/2010.
• Gender-specific terms and references are made gender-neutral in several titles of the RCW. Titles relating to criminal procedure, probate and trust, district and juvenile courts, aeronautics, agriculture, state government, motor vehicles, public highways and transportation, insurance, labor, unemployment compensation, industrial insurance, fire protection districts, port districts, public utility districts, boundaries and plats, and landlord and tenant are made gender-neutral.

SSB 6349 – Establishing a farm internship program

• Effective date 6/10/2010
• L&I must establish a farm internship pilot project for San Juan and Skagit counties and report to the Legislature by December 31, 2011.  For the pilot project, small farms can employ up to three farm interns per year under special certificates.  A farm intern is an individual who provides services to a small farm under a written agreement and primarily as a means of learning about farming practices and farm enterprises.  Farms seeking to employ interns must submit an application that provides specific information to be determined by L&I including a description of the intern program and the work to be performed and any wages to be paid.
• L&I must establish criteria for the internships which will allow the payment of subminimum wage, or no wages.
• L&I must provide a special risk class or classes for farm interns by rule.  Requirements for obtaining a special risk class must be included in the rule.

ESSB 6503 – Closing state agencies on specified dates

• Effective immediately
• This bill indicates immediate action is needed to reduce expenditures for the 09-11 biennium, and that cost reductions be achieved in government operating expenses. 
• It includes ten specific dates between July, 2010 and June, 2011 for state agencies to be closed.
• Allows agencies to submit a compensation reduction plan to OFM for approval as an alternative to the listed closure dates to achieve the required reductions.  The plans may include the use of leave without pay, additional mandatory and voluntary temporary layoffs, reductions in the agency workforce, compensation reductions, reduced work hours, voluntary retirements, separations, and other incentive programs.    
• The workers’ compensation and workplace safety and health compliance activities of L&I are exempted.

Insurance Services

EHB 2519 – Addressing duty-related death benefits for public safety employees

• Effective date 6/10/2010
• This bill applies to the surviving spouses of LEOFF members (law enforcement officer and fire fighters retirement system) and the state patrol retirement system who are killed in the course of employment, or whose death is due to an occupational disease.  The legislation increases the lump-sum entitlement for a surviving spouse to thirty-six times the monthly compensation rate in effect on the date of remarriage or fifty percent of the remaining annuity value of his or her pension, whichever is lesser.
• Increases the lump-sum, duty-related death benefit in all plans of LEOFF and WSPRS to $214,000 and annually increases the lump sum by up to 3 percent per year.
• Makes other changes specific to benefits under the LEOFF and WSPRS retirement systems.

E2SHB 2956 – Concerning the hospital safety net

• The bill contains an emergency clause and takes effect immediately.
• Establishes the Hospital Safety Net Assessment Fund.
• Creates assessments on hospitals based on non-Medicare inpatient hospital days.
• Increases inpatient and outpatient hospital payment rates and Disproportionate Share Hospital payments.
• Requires DSHS to design a system for providing quality incentive payments to hospitals starting in Fiscal Year 2013.
• Requires some hospitals to fund emergency room diversion agreements with community and migrant health centers.
• Section 14 specifically mentions L&I. DSHS is required to develop a quality incentive payment program in cooperation with other state agencies, the Puget Sound Health Alliance, WSMA, the Association of Washington Health Plans and other associations involved with healthcare quality improvement.

ESHB 2876 - Concerning pain management

• Effective date 6/10/2010
• Requires specific boards and commissions (Medical Quality Assurance Commission (MQAC), the Board of Osteopathic Medicine and Surgery (BOMS), and the Podiatric Medical Board (PMB)) to adopt rules on chronic non-cancer pain management.  It is presumed the changes will require prescribers of opioids to follow certain guidelines.  The guidelines relate to safe dosing levels, obtaining specialty consultations, and tracking clinical progress using assessment tools, and tracking the use of opioids.
• The bill instructs the named boards and commissions to work collaboratively with the Agency Medical Directors’ Group, DOH, UW, and the largest professional association of each named prescribing group (podiatric physicians, dentists, osteopathic physicians, osteopathic physician assistants, medical physicians, physician assistants, advanced registered nurse practitioners, and certified registered nurse anesthetists) when writing the rules.

HB 3061 – Addressing claims of insolvent self-insurers under industrial insurance

• Effective date 6/10/2010
• The balance of a self-insured employer's surety bond is deposited into the insolvency trust fund if the self-insured employer has been in default for ten years and all claims against the employer are closed.
• In second injury cases where the self-insured employer is in default or had their certificate of self-insurance withdrawn, the amount paid into the pension reserve fund must be taken from the employer's surety deposit.  If the surety deposit is insufficient, any remaining costs are assessed against the insolvency trust fund.

SSB 6280 – Concerning East Asian medicine practitioners

• Effective date 6/10/2010, except for  Section 17 effective 7/1/2010, and Section 18 8/1/2010
• The proposed bill changes the designation of acupuncturists to East Asian medicine practitioners and expands the scope of practice as defined in Chapter 18.06 RCW. 
• Additions to scope include:
• Breathing, relaxation and East Asian exercise,
• Qi gong,
• East Asian massage,
• Superficial heat and cold therapies,
• Health education to include the recommendation and sale of herbs, vitamins, minerals and dietary and nutritional substances.

Fraud Prevention & Compliance

SHB 2789 – Authorizing issuance of subpoenas for purposes of agency investigations of underground economic activity

• Effective date 6/10/2010
• The bill provides authority for L&I, Department of Revenue and Employment Security Department to seek administrative subpoenas for the investigation of underground economy activity.  The bill provides what must be articulated to the court in order to have the subpoena approved by the court.

Specialty Compliance Services

EHB 1690 – Concerning public works projects

• Effective date 7/12/10
• Clarifies the legislative intent that public bodies may use only those alternative public works contracting procedures authorized by law.
• Directs the Capital Projects Advisory Review Board (CPARB) to recommend to the appropriate committees of the Legislature other alternative contracting procedures.
• Clarifies that all housing authorities are subject to the provisions of chapter 39.10 RCW (CPARB) except where alternative requirements or procedures of federal law or federal regulation are authorized.
• Clarifies that prevailing wage requirements (chapter 39.12 RCW) apply to housing authority public works projects unless specifically preempted by federal law or federal regulation.

SHB 2546 - Concerning classroom training for electrical trainees

• Effective date 7/1/2011
• The requirements for renewing an electrical training certificate are modified. The number of classroom hours required to renew an electrical training certificate is increased from 16 to 32 beginning on July 1, 2011, and from 32 to 48 beginning on July 1, 2013.
• The requirement for approved classroom electrical continuing education courses is replaced with a requirement for approved classroom training.
• Upon request, the Department of Labor and Industries must provide information to legislative committees on the implementation of the new trainee education standards by December 1, 2012.

SHB 2555 – Authorizing the Department of Labor and Industries to issue subpoenas to enforce production of information related to electricians and electrical installations

• Effective date 6/10/2010
• The department is authorized to issue subpoenas to enforce the production and examination of any information needed to enforce the law related to electricians and electrical installations if there is reason to believe a violation has taken place.
• The subpoena may only be issued if the person to which the electrician and electrical installation law applies fails to provide the requested information.
• The subpoena and the request for information must describe the possible violation, cite the relevant law, and explain how the information being requested or subpoenaed is reasonably related to the possible violation.
• The superior court is authorized to enforce such a subpoena.

2SHB 2603 – Requiring agencies to give small businesses an opportunity to comply with a state law or agency rule before imposing a penalty

• Effective date 6/10/2010
• Agencies must provide a small business with a copy of the state law or agency rule being violated and must allow a period of at least two business days for the small business to correct the violation before the agency imposes a fine, a civil penalty, or an administrative sanction.  If no correction is possible, or if an agency is acting in response to a complaint made by a third party who would be disadvantaged by correction of the violation, then no correction shall be required.
• Exceptions to this requirement include:
• when the violation or waiver presents a direct danger to the public health, results in a loss of income or benefits to an employee, poses a potentially significant threat to human health or the environment, or causes serious harm to the public interest;
• the violation involves a small business that knowingly or willfully engaged in conduct that may result in a felony conviction;
• the requirement for a notification or waiver conflicts with federal law or program requirements, federal requirements that are a prescribed condition to the allocation of federal funds, or requirements for eligibility of employers in this state for federal unemployment tax credits;
• the small business or the owner or operator committing the violation previously violated the same or a similar law or agency rule;
• The requirements of the act do not affect the Attorney General's authority to impose fines, civil penalties, or administrative sanctions or to enforce the Consumer Protection Act.
• The violation is of a requirement concerning the assessment, collection, or administration of any tax, tax program, debt, revenue, receipt, a regulated entity's financial filings, or insurance rate or form filing
• The definition of a small business is those with gross revenue of less than $7 million annually as well as a business with 250 or fewer employees.

EHB 2805 - Regarding public works involving off-site prefabrication

• Effective date 6/10/2010
• Requires contractors and subcontractors on public works projects estimated to cost over $1 million to submit information about certain off-site prefabricated items produced outside Washington to L&I as a part of the Affidavit of Wages Paid form.

SHB 3145 – Improving administration of wage complaints

• Effective date 6/10/2010
• Establishes a civil penalty for repeat willful violators of the wage payment laws.
• Modifies the wage payment provisions with respect to tolling the statute of limitations, successor business liability, minimum penalty amounts, and the bonding authority of the Department of Labor and Industries.

SSB 6332 - Concerning human trafficking

• Effective date 6/10/2010
• The legislation requires L&I to integrate human trafficking victims’ assistance information on its existing posters, as the agency deems appropriate.

ESSB 6468 - Coordinating the weatherization and structural rehabilitation of residential structures

• Effective date 6/10/2010
• Requires the department of commerce to prioritize weatherization, energy efficiency activities, and structural repair of residential structures to aid in the allocation of federal funds, and to develop policies to ensure investments are made in buildings requiring energy efficiency, repair, and rehabilitation improvements that will maximize savings and extend the home’s life.
• Adds language to the intent statement of RCW 70.164.010 to include “moderate to significant repair and rehabilitation of residential structures that are required as a necessary antecedent to those [weatherization] activities.”
• The bill increases the reporting requirements for providers receiving funds from reporting every six months to reporting at least quarterly, or consistent with federal reporting, whichever is more frequent.

SSB 6647 - Protecting jobs of members of the civil air patrol while acting in an emergency service operation

• Effective date 6/10/2010
• Civil Air Patrol (CAP) members may not be discharged from employment or disciplined because of leave taken related to an emergency service operation.  
• A CAP member who believes he or she has been wrongfully discharged or disciplined may bring an action alleging the violation to the director within 90 days of the violation.  The director must investigate, and send his or her determination within 90 days of receipt of the complaint.
• If it is determined that the CAP member has been wrongfully discharged or disciplined, the CAP member must be reinstated and any disciplinary action withdrawn.  An emergency service operation means search and rescue missions designated by the Air Force Rescue Coordination Center or disaster relief or humanitarian relief when requested by the Federal Emergency Management Agency.

Administrative Services

SB 5295 – Implementing unanimous recommendations of the public records exemptions accountability committee

• Effective date 6/10/2010
• Addresses unanimous recommendations from the Public Records Exemption Accountability Committee.
• It exempts from public disclosure the following areas: child mortality reviews, agriculture and livestock, wellness programs, and lists of candidates for board directors submitted to the governor.

ESB 5041 – Encouraging state contracts with veteran-owned businesses

• Effective date 6/10/2010
• A statewide program is created to increase state procurement contracts with veteran-owned businesses.  
• State agencies are encouraged to award three percent of all procurement contracts under $35,000 to veteran-owned businesses.  In addition, state agencies must perform outreach to veteran-owned businesses; work to match agency procurement records with the DVA's database of certified veteran-owned businesses to establish how many procurement contracts are being awarded to those businesses.

SSB 6367 – Allowing agencies to direct requesters to their web site for public records

• Effective date 6/10/2010
• In addition to providing a record in response to a public records request, the agency may provide an Internet address and link on the agency's website to the specific records requested.
• If the requester informs the agency that he or she cannot access records through the Internet, the agency must provide hard copies or allow the requester to view copies on an agency computer.

Information Services

ESHB 3178 - Creating efficiencies in the use of technology in state government

• Effective date 6/10/2010
• The bill creates strategic coordination, transparency in determining IT total cost of ownership, and meaningful enterprise oversight for information technology.  It designates the department of Information Services (DIS) and the Office of Financial Management (OFM) as the agencies directly responsible for creation and management of the strategic plans and the creation of a statewide enterprise management plan for information technology projects and services.

Crime Victims Compensation

E2SSB 6504 – Modifying provisions of the crime victims' compensation program

• Effective: April 1, 2010 (Sections 1 and 2), and June 10, 2010
• This legislation changes the requirements for eligibility and the level of benefits for victims of a crime applying for benefits with the Crime Victims Compensation Program (CVCP) and creates a crime victims’ compensation account at the state treasurer.
• The reduced benefits will save the program $3.4 million for the current biennium and $5.8 million for the next biennium.  The intent of the bill is to “retroactively” reduce benefits to all claims with the exception of those claims with a date of injury on or before July 1, 1981.
• Key benefit changes include:
• A limit of $50,000 for payments on a single claim.  This “hard cap” applies to all new and current claims, including those that are at the limit or have exceeded the limit.
• A limit of $5,750 for burial expenses and a requirement that claims are filed within one year of when the death is recognized as a homicide or the remains are released for burial.
• Eliminating the lump-sum payment of $7,500 to a surviving spouse or child of a homicide victim who was not employed at the time of the criminal act.
• Limiting permanent partial disability to $7,000.
• No wage replacement payments to any person who was not gainfully employed at the time of the criminal act.  For those employed at the time of the criminal act, the maximum remains at $15,000.
• No compensation will be paid to a victim who has been convicted of a felony in the preceding five years if the felony is a violent crime or crime against persons, unless all legal financial obligations have been satisfied.

2009 Legislative Session

L&I Agency Request Legislation

HB 1366 – Making technical changes to boiler and unfired pressure vessel statutes.

• Effective July 26, 2009

• Eliminates unnecessary inspections by amending the two-year requirement for internal inspections of hot water heating boilers.
• Makes terms consistent throughout the law. 
• Revises the current exemptions to be consistent with the adopted national standard.

Agency-Wide Legislation

SSB 5042 – Providing a waiver of penalties for first-time paperwork violations by small businesses.

• Effective July 26, 2009
• Prohibits agencies from assessing fines, penalties, or administrative sanctions against businesses with 250 or fewer employees for first-time paperwork violations.  The legislation provides exceptions related to public safety, collection of taxes and revenue, or when a federal law requires the penalty.
• Any penalties or fines waived could be reinstated for a subsequent violation.  It would not relieve businesses from having to apply for or obtaining permits, licenses, etc.

E2SSB 5688 – Expanding the rights and responsibilities of state-registered domestic partners.

• The sections affecting L&I are effective July 26, 2009
• Expands the rights of state registered domestic partners by granting any privilege, immunity, right, benefit, or responsibility granted or imposed by statute, rule, policy, common law, or any other law that is provided to spouses.
• Repeals the non-judicial termination process for domestic partnerships and requires that parties must file for dissolution to terminate a partnership. 
• Extends workers’ compensation benefits and crime victims’ compensation benefits currently available to spouses to include state-registered domestic partners.  Pension options and survivor benefits are two examples.
• Adds state-registered domestic partners to RCW 49.12 – Industrial Welfare Act (family leave, for example).

SSB 6158 – Delaying the implementation of the Family Leave Insurance program.

• Effective July 26, 2009
• Delays family leave insurance benefits until October 1, 2012, and the legislative report from the administering agency (to be named) to 2013.
• The ability to loan from the Supplemental Pension Fund expires as of July 1, 2009.

Administrative Services

ESSB 5460 – Reducing the administrative cost of state government during the 2007-2009 and 2009-2011 fiscal biennia.

• Effective February 18, 2009

• Re-enacts the Governor’s hiring and spending freeze (personal service contracts, equipment, and travel) for state agencies with an expanded list of agencies and services exempt from the freeze requirements. 
• Freezes salaries for all state employees for 12 months following enactment of this bill which will be on Feb 18, 2010.
• DOP is authorized to grant exceptions to the hiring freeze.  If granted the agency must wait for 5 business days before hiring to allow time for the Legislative review. 
• The spending freeze is lifted on July 1, 2009 for equipment, personal service contracts and out of state travel.  Equipment under $5000 is exempt from the freeze.  Travel exemptions are allowed when conducting direct service delivery and if travel paid exclusively from Federal funds.    
• OFM is given authorization to grant exceptions to equipment, personal service contracts and out of state travel.  Before implementing, exceptions approved must wait 5 days following notification to the fiscal committee chairs of the Legislature.

Crime Victims Compensation

SHB 1221 – Concerning counseling for witnesses in civil commitment proceedings under chapter 71.09 RCW.

• Effective July 26, 2009
• Provides mental health counseling for out-of-state sexual assault crime victims to address distress if they are participating in the civil commitment proceedings in Washington State.

Fraud Prevention & Compliance

SHB 1555 – Addressing the recommendations of the joint legislative task force on the underground economy in the construction industry.

• Effective July 26, 2009
• Establishes industrial insurance premiums as a priority on public works retainage, secondary to that held by employees or the Department of Revenue (DOR) under RCW 82.  It includes L&I in the request for release process, so we will be aware of projects and amounts that may be due.
• Requires contractors licensed under RCW 18.27 to maintain a list of subcontractors used and copies of their construction registration.  The information will be used by the construction compliance program and auditing/compliance efforts for workers’ compensation.
• Establishes a requirement for employer education on workers’ compensation reporting requirements, in particular, independent contractor issues.   
• Extends the joint legislative task force on the underground economy through this year, and expands it to industries other than construction.
• Requires L&I to report yearly on efforts resulting from task force bills or recommendations, jointly with DOR and the Employment Security Department.

SSB 5613 – Authorizing the Department of Labor and Industries to issue stop work orders for violations of certain workers' compensation provisions.

• Effective July 26, 2009
• Authorizes L&I to issue stop work orders to contractors that do not have any industrial insurance coverage.
• Requires business operations to cease, either at a jobsite if posted there, or statewide if served on an employer.
• There are provisions for reconsideration and appeal.  During these dispute processes, the stop work order remains in effect unless the employer posts a cash deposit or bond of $5,000, or $1,000 per employee identified.
• Violating a stop work order is subject to a penalty of $1,000 per day not in compliance.  It remains in effect on successor entities with one or more of the same principles/officers if in the same or equivalent trade.

Specialty Compliance Services

SHB 1055 – Requiring workers to have licenses, certificates, or permits in their possession when performing work in certain construction trades.

• Effective July 26, 2009
• Requires licensed and certified electricians, elevator mechanics, and plumbers to have their appropriate certifications or licenses and photo identification card in their possession while working. 
• Gives the department the authority to adopt a rule to require electricians, plumbers, and conveyance workers to wear and visibly display their licenses, certificates, permits, and endorsements while working, and to include photo identification on these documents. 

HB 1366 – Making technical changes to boiler and unfired pressure vessel statutes.

• Effective July 26, 2009

• Eliminates unnecessary inspections by amending the two-year requirement for internal inspections of hot water heating boilers.
• Makes terms consistent throughout the law. 
• Revises the current exemptions to be consistent with the adopted national standard.

2SHB 1481 – Regarding electric vehicles.

• Effective July 26, 2009
• Promotes the installation of electric vehicle infrastructure through tax relief, zoning allowances, and partnership agreements allowing private enterprise (charging stations) on public lands.
• The bill also requires that state agencies and local governments achieve electricity or biofuel fleet fuel usage requirements of forty percent by June 1, 2013.
• By December 31, 2015, the state must, to the extent practicable, install electrical outlets capable of charging electric vehicles in each of the state's fleet parking and maintenance facilities.
• Section 16 requires that electric vehicle infrastructure must meet electrical standards adopted by the department and the state building code council.

SSB 5793 – Concerning a single-occupancy farm conveyance.

• Effective July 26, 2009
• Removes the department’s responsibility to perform acceptance and annual inspection of hand-powered manlifts that are privately owned and operated by the farm owner or family members of the owner.
• Manlifts would still be inspected if workers used the lifts or if a worker was hurt on the lift under the safety and health laws. 

E2SSB 5850– Protecting workers from human trafficking violations.

• Effective July 26, 2009
• Requires international labor recruitment agencies and domestic employers of foreign workers must provide a disclosure statement to foreign workers, not including those persons who hold an H-1B visa, who have been referred to or hired by a Washington employer.
• The disclosure statement must be provided in English or the language understood by the worker and must include information on applicable state and federal laws. 
• The Department of Labor and Industries (L&I) may create a model disclosure form and make the form available for download off its website.

ESSB 5873– Regarding apprenticeship utilization.

• Effective July 26, 2009
• Phases in an apprenticeship utilization requirement for four-year institutions of higher education for contracts advertised for bid on or after January 1, 2010.
• Establishes penalties for contractors found to be working apprentices out of ratio, with inappropriate supervision, or outside their scope of the Apprenticeship Standards approved by the Washington State Apprenticeship and Training Council. 
• Contractors who are found in violation in these areas may have their responsible bidder status revoked for the first violation and be barred from bidding on any public works contract for five years upon the second violation. 
• Creates rulemaking authority to ensure due process protections for all parties and to strengthen the accountability for approved apprenticeship committees.

SB 5903 – Regarding public works contracts for residential construction.

• Effective July 26, 2009
• Requires that if an awarding agency of a public works contract determines that the work meets the definition of residential construction, the contract must state that the workers of the contract are paid at least the minimum prevailing wage rate.
• If it is later determined that the work performed on the public works contract is actually commercial and not residential, the awarding agency will be responsible for paying the additional prevailing wage rates.

SSB 5904 – Defining independent contractor for purposes of prevailing wage.

• Effective July 26, 2009
• Defines when a worker is an independent contractor for prevailing wage purposes consistent with the definition in both the workers’ compensation and unemployment insurance laws.

Workers’ Compensation

SHB 1402 – Restricting contact with medical providers after appeals have been filed under industrial insurance.

• Effective July 26, 2009 (Scheduled for action on May 7, 2009)
• Prescribes under what circumstances parties to a claim (employer, worker, and department) can have contact with medical providers when an issue is on appeal.
• Limits contact with potential medical witnesses by opposing parties once an appeal of a department decision has been received by the parties.
• Provides how communications by a self-insurer or state fund employer can occur with any medical provider or consultant who has treated the worker, and how communication by the worker and worker’s representatives can occur with medical examiners who examined the worker at the request of the self-insurer (IMEs).
• Contact can be made upon release by the party.  If release is not granted, contact is limited to that which is in writing sent to all parties, in person, by telephone or videoconference, at a date and time mutually agreed to by all parties, or by deposition.
• Contact with medical providers by the department is allowed until hearings are scheduled and witnesses named.
• Contact is allowed with those medical providers or examiners who are not confirmed as witnesses once confirmation has occurred.  The provisions only apply to issues set forth in the notice of appeal.
• A medical provider who discusses issues on appeal with a party in violation of the legislation shall not be liable for such communication.

ESHB 2105 – Concerning diagnostic imaging services.

• Effective April 28, 2009
• Creates a workgroup of representatives from state agencies, the state radiological society, the state medical society, the Puget Sound Health Alliance, the state hospital association, the state health care forum, and health carriers to identify evidence-based best practice guidelines and to report their findings to the Governor and the legislature by July 1, 2009. 
• State agencies are directed to implement the guidelines identified by the workgroup by September 1, 2009. 
• The workgroup is also directed to explore the feasibility of using the guidelines for health care services that are purchased from or through health carriers by January 1, 2011. 

2SSB 5346 – Concerning administrative procedures for payors and providers of health care services.

• Effective July 26, 2009
• This bill is in response to a Blue Ribbon Commission and Office of the Insurance Commissioner (OIC) reports relating to ways to achieving efficiencies and reducing health care administrative costs. 
• OIC must designate a lead organization, which hasmultiple deliverables relating to a uniform electronic processes, standardization of documents and electronic eligibility, patient-cost sharing, use of National Correct Coding Initiative and Health Insurance Portability and Accountability Act standard group codes, guidelines to ensure payors do not automatically deny claims for services in certain circumstances, and develop a website for certain purposes relating to this bill.
• The Department of Social and Health Services, the Health Care Authority, and theDepartment of Labor and Industries, to the extent possible under their laws in Title 51, mustadopt the processes and guidelines recommended by the lead organization.

SSB 5501 – Concerning the secure exchange of health information.

• Effective July 26, 2009
• Charges the administrator of the Health Care Authority to assign a lead organization to work with representatives from providers, payors, and patients to establish guidelines, standards, and processes related to the secure electronic exchange of medical information.

2SSB 5945 – Creating the Washington Health Partnership Plan.

• Effective July 26, 2009
• Outlines principles that should guide healthcare reform in Washington.

2008 Legislative Session

L&I Agency Request Legislation

HB 2955: Ensuring access to criminal justice information – multi agency

• Effective June 12, 2008.
• Provides the authority for L&I, DSHS, ESD, DOL, Criminal Justice Training Commission, and the Office of the Attorney General (AGO) to access criminal history information when conducting investigations of potential fraud and abuse.

EHB 3381: Relating to fees to implement programs that protect and improve Washington's health, safety, education, employees, and consumers.

Although this is not an agency request bill, it was the bill that included the agency’s three fee-related proposals:

• Prevailing wage (Sec 2): Effective June 12, allows L&I to increase the filing fee for prevailing wage intents and affidavits from $25 to $40.
• Factory Assembled Structures/Mobile/Manufactured Homes (Sec 4): Effective immediately, eliminates a sunset revision so that L&I is able to retain fees at current levels with ongoing inflationary increases.
• Explosives (Secs. 5-11): Effective immediately, provides increases and the authority to adjust annual and renewal explosives licensing fees and directs these moneys be deposited into the medical aid and accident accounts.
  

SB 6839:Regarding workers' compensation coverage for work performed outside Washington

• Effective June 12, 2008.
• Defines temporary and incidental work as work performed by Washington employers on jobs or at jobsites in another state for thirty or fewer consecutive or nonconsecutive full or partial days within a calendar year. Temporary and incidental days are considered on a per state basis.
• Requires Washington employers to obtain industrial insurance coverage from Washington for temporary and incidental work outside Washington and authorizes the Department to adopt rules concerning premiums for work in excess of temporary and incidental.
• 2 FTEs (1 project and 1 permanent Industrial Insurance Underwriter) were funded to manage all the employer accounts (working out of state), serve as a technical expert in regards to premium obligations and coverage decisions, manage and negotiate reciprocal agreements, provide internal and external education and outreach, and assist with the rulemaking and data collection for the required report to the Workers’ Compensation Advisory Committee.

Fraud and Audit

ESHB 3122: Relating to consolidating, aligning, and clarifying exception tests for determination of independent contractor status under unemployment compensation and workers’ compensation laws.

• Effective June 12, 2008.
• Creates test for determining whether a construction worker is a covered worker or uncovered independent contractor for purposes of unemployment and industrial insurance laws.
• Makes the test easier to follow and brings it into close alignment with the test for other industries.
• Closes a loophole that previously allowed firms without a current business registration with Dept of Revenue to meet exemption tests.

2SSB 6732: Implementing the recommendations of the joint legislative task force on the underground economy in the construction industry.

• Effective June 12, 2008.
• Implements recommendations of the Joint Legislative Task Force on the Underground Economy in the Construction Industry and extends the term of the Task Force through December 2008.
• Certain penalties are increased or established which include a civil penalty for persons who falsify information on a contractor registration application and a prohibition on contractors bidding on public works projects if they violate contractor registration laws, misrepresent payroll of employee hours to L&I, or engage in business without a workers’ compensation account.
• 8 FTEs and $1,706,000 for FY 09 to provide additional enforcement staff, dedicated Assistant Attorney Generals, outreach, etc.

Insurance Services

SHB 2885: Modifying industrial insurance coverage for geoduck harvesters.

• Effective January 1, 2009.
• Amends RCW 51.12.120 to eliminate the inclusion of workers tending to geoduck divers and tenders from industrial insurance coverage.

E2SHB 3139: Providing for stays of industrial insurance orders on appeal

• Effective June 12, 2008 except Section 2 which is effective January 1, 2009.
• Provides that industrial insurance benefits are paid pending an appeal by an employer unless the Board of Industrial Insurance Appeals orders a stay or the worker requests that benefits cease.
• Requires L&I to establish procedures to recoup self-insured overpayments from state fund claims, and vice versa.
• Establishes a self-insured employer overpayment reimbursement fund, financed by amounts retained from employee earnings, to reimburse self-insured employers for overpayments under certain circumstances.
  
• Prohibits overpayments from health care providers and provides for collecting these overpayments from health insurance entities.
• Requires L&I to measure the impacts of the legislation and report to the Legislature and the Workers’ Compensation Advisory Committee by July 1 and December 1, 2009, 2010, and 2011.

SSB 6246: Authorizing travel expenses for closed industrial insurance claims.

• Effective June 12, 2008.
• Allows for the payment of reasonable travel expenses after claim closure when travel is required to repair, replace, or otherwise alter prosthetics, orthotics, or similar permanent mechanical appliances.
• This bill excludes travel for the repair or replacement of hearing-aid devices.

E2SHB 2549: An act relating to establishing patient-centered primary care pilot projects.

• Effective June 12, 2008.
• The Department of Health (DOH) is directed to establish a medical home collaborative program for primary care practices.
• The results and recommendations could mean greater numbers of primary care providers who are better paid for the coordination aspects of care and may improve access and quality of care for injured workers in the future.

Specialty Compliance Services

SHB 2580: Concerning pay dates for employees participating in state active military duty.

• Effective June 12, 2008.
• National Guard and Washington State Guard members who are called to participate in state active duty must be paid by the Military Department no later than seven days after whichever occurs first, either the duty has ended or the end of the pay period.

SHB 2602: An act relating to increasing the safety and economic security of victims of domestic violence, sexual assault, or stalking.

• Effective upon signature by the Governor - immediately.
• Requires employers to provide reasonable leave to employees who are victims of domestic violence, sexual assault, or stalking, or whose family members are victims.
• 3 FTEs are funded as well as an additional 0.5 AAG ($214,000 for FY 2009).

ESHB 2687: Making 2008 operating supplemental appropriations.

• Effective upon signature by the Governor – immediately.
• Section 218 (21) provides $40,000 for L&I to conduct a review of the need for regulation and licensing/credentialing of contractors involved in single-family homes and report back to the Legislature by October 1, 2008.
• Section 218 (23) provides L&I the authority to increase fees for the plumber certification and boiler programs up to the fiscal growth factor for FY 2008.

HB 2699: An act relating to recodifying RCW 19.48.130 as a section in the Washington minimum wage act.

• Effective June 12, 2008.
• Moves the section requiring disclosure of service charges from the hotels, lodging houses, and restaurants chapter to the Minimum Wage Act.
• Under this law, employers are required to disclose to the customer the percentage of the automatic service charge (ASC) that the employer pays to the employee serving the customer.

ESSB 5831: Relating to certification of heating, ventilation, air conditioning, and refrigeration contractors and mechanics.

• Effective June 12, 2008.
• Creates a joint legislative task force on heating, ventilating, air conditioning, and refrigeration charged with a review of requirements and methods of licensing HVAC/R mechanics.

SB 6447: To allow unpaid leaves of absence for military personnel needs.

• Effective June 12, 2008.
• To provide employees married to a member of the armed services up to 15 days of unpaid leave when their military spouse is on leave.

SB 6950: Providing a limited waiver or suspension of statutory obligations during officially declared emergencies.

• Effective June 12, 2008.
• During a state of emergency, the Governor may waive or suspend the collection of fees for permits and inspections charged by the agencies.
• For L&I this bill specifically relates to the collection of fees associated with the boiler, electrical, elevator, and factory assembled structures program.

2007 L&I Legislation Summary

Governor's Request Legislation

ESSB 5920 - Workers' comp vocational rehabilitation.

• Effective January 1, 2008.
• The bill makes significant changes in Washington's vocational rehabilitation system, including increased benefits and choices for injured workers, and accountability for all parties.
• Available retraining benefits are increased to up to $12,000, and a retraining program can be up to two years in duration.
• Workers will have a choice to "opt-out" of retraining, after working with a vocational professional to develop a possible retraining plan. Selecting this option will result in an award equal to six months time-loss. The worker will have the ability to use the available tuition money after claim closure.
• An independent study of the outcomes for workers and employers is included. An external vocational rehabilitation committee is also established that will assist with implementation of the legislation and provide an ongoing business and labor partnership concerning vocational rehabilitation services.
• The bill includes placement of L&I professional vocational staff at some WorkSource locations. L&I will provide all vocational services to selected workers during the pilot period. These professionals, along with other L&I staff, will work with local business organizations, training schools, and others to develop additional training opportunities for injured workers.
• All changes will be piloted for a period of five and a half years to test the impact the new vocational rehabilitation benefits and options have on outcomes for Washington workers and costs to the employers and workers' compensation system.
• $2,247,000 is provided to implement the bill. The budget will support additional staff to oversee implementation of the legislation and aid in quality improvements, provide vocational services in WorkSource locations, and assist with alternative training program development. Funds are also included for computer system changes, and for the costs of the independent study and data analysis needs. An additional budget proviso includes $822,000 for potential salary needs for L&I's professional vocational rehabilitation staff due to changes in job duties because of the legislation.

Agency Request Legislation

HB 1370 - Public workers excluded from prevailing wages on public works provisions

• Effective July 22, 2007.
• Eliminates the reference to monthly or per diem salary.
• Clarifies that the chapter does not apply to public employees (employed by the state or any public agency, municipality or subdivision).
• The change would preserve current practices, policies and application of the prevailing wage laws.

SHB 1843 - Regulation of construction contractors

• Effective July 22, 2007.
• Closes several loopholes to better protect consumers - Cabinet Makers, Owner Builders, etc.
• Provide better legal notice by requiring the department is notified when a judgment is rendered. Adds a penalty for failure to notify.
• Increases penalties and enforcement.
  

ESSB 5290 - Workers' comp medical and chiropractic advisory committees

• Effective July 22, 2007.
• Establishes a medical advisory committee.
• Medical advisory committee will advise the department on medical issues to assure workers receive effective and safe treatment in a cost-effective manner.
• Medical advisory committee will assist the department in the development of medical treatment guidelines and coverage criteria, assessments of new technology, and rules pertaining to health care issues.
• Establishes the existing chiropractic advisory committee in statute.
• Chiropractic advisory committee shall advise the department concerning safe, effective, and cost-effective chiropractic treatments for workers.
• Members of the committees will be compensated for participation on the committee and will be immune from civil liability for their committee work.
• $558,000 is provided for the advisory committees' costs.

SSB 5443 - Workers' comp claim suppression

• Effective July 22, 2007.
• Defines claim suppression and prohibits employers from engaging in the suppression of industrial insurance claim.
• The director is granted the authority to subpoena records necessary to validate whether claim suppression has occurred.
• Penalties can be assessed, depending on the size of the employer and prior findings of claim suppression.
• L&I is required to develop rules defining first-aid and bona fide safety and accident prevention programs as these are not considered 'claim suppression'.
• Clarifies that findings of claim suppression can be appealed to the Board of Industrial Insurance Appeals.
• $363,000 is included for two additional FTEs to investigate claim suppression complaints and allegations.

Agency-Wide

EHB 1214 - Text messaging while driving

• Effective January 1, 2008. A person operating a motor vehicle while reading, manually writing, or sending a text message while driving is guilty of a traffic infraction.

EHB 1525 - Regulatory fairness

• Effective July 22, 2007.
• Pertains to Small Business Economic Impact Statements (SBEIS).
• Redefines the term "industry" and adds a definition of "minor costs."

SHB 2366 - State facility planning

• Effective July 22, 2007.
• The director of general administration, on behalf of the agency involved and after consultation with the OFM, shall purchase, lease, lease purchase, rent, or otherwise acquire all real estate.
• OFM approval required to execute any lease.
• Creation of policies and standards on conducting life-cycle cost analysis to determine the cost-effectiveness of owning or leasing state facilities.

ESB 5508 - Economic development projects

• Effective July 22, 2007.
• Ensures the public is informed of their rights associated with permits. The bill would require the department to provide applicants:
• The minimum and maximum time it will take to make a decision on a permit;
• The minimum amount of information required for an agency to make a decision on a permit;
• When an agency considers an application complete for processing;
• The minimum and maximum costs in agency fees that will be incurred by the permit applicant; and
• The reasons for a denial of a permit in writing.

ESSSB 5659 - Family medical leave

• Creates a family leave insurance program to allow parents to bond with a newborn or newly placed child.
• Establishes a 13-member joint legislative task force to study and make recommendations concerning the program, including how it should be funded and the responsible administering agency.
• Establishes the benefit at up to five weeks and $250 per week effective October 1, 2009.

ESSB 5915 - Unemployment and industrial insurance notices required to be posted by employers

• Effective July 22, 2007.
• L&I is required to send an employer any printed materials, required or recommended by the department to be posted, when the employer files a master application to obtain industrial insurance.
• L&I is required to send a new copy of each poster or notice to every employer when there are substantive changes in the information.
• $150,000 is provided to implement this bill. These funds will allow the department to provide a one-time mailing to all employers with all current posters and notices.

SB 5926 - Creating a joint legislative task force to review the underground economy in the construction industry

• Effective May 2, 2007.
• Creates a joint legislative task force to study the impact of the underground economy in the construction industry.
• L&I have a nonvoting member on the task force and cooperate with the task force and the institute for public policy and provide information and data to them.

E2SSB 5930 - Providing high quality, affordable health care to Washingtonians based on the recommendations of the blue ribbon commission on health care costs and access

• Effective July 22, 2007.
• L&I (together with DSHS, HCA and DOH) is required to develop a 5 year plan to integrate disease and accident prevention and health promotion into all state programs, by September 1, 2007.
• L&I representative will need to participate in the strategic planning activities.

Insurance Services

SHB 1244 - Defining wages for industrial insurance purposes (employer-provided health care benefits)

• Effective July 22, 2007.
• Requires that the value of employer-provided healthcare benefits be included in the calculation of an injured worker's wages when the employer stops contributing to the healthcare, rather than when the worker is no longer entitled to the healthcare benefit.
• Injured worker wages will include the employer's contribution for health care as long as the employer was contributing toward the benefits at the time of injury and stopped making the contribution. The employer's contribution will be added effective the date contributions stop.

SHB 1500 - Recovery of prior permanent partial disability awards - workers' comp pension cases

• Effective July 22, 2007.
• This bill amends RCW 51.32.080 to create options for deducting a prior permanent partial disability (PPD) award from a subsequent pension award.
• The worker will be allowed to choose whether to have the prior PPD deducted from their monthly pension benefits having the amount of the PPD charged to their pension reserve with the monthly benefits reduced accordingly.
• The provisions apply to all pension orders issued on or after the effective date of the bill.

HB 1501 - Workers' comp Social Security offset adjustments

• Effective July 22, 2007.
• Permanently allow retroactive adjustments of benefits on closed claims.
• The new legislation eliminates the sunset and makes the ability to retroactively adjust benefits, under certain circumstances, a permanent part of the statute.
• Allows the department to appropriately reimburse workers when their claim is closed but the Social Security Administration has recalculated federal benefit levels

HB 1666 - Extending the authority of nurse practitioners to examine, diagnose, and treat injured workers covered by industrial insurance

• Effective May 22, 2007.
• Eliminates the sunset provision of the 2004 legislation.
• Allows ARNPs to be attending physicians for workers' comp claims permanently.

HB 1722 - Physicians assistants'(PAs) authority

• Effective May 2, 2007.
• Eliminates the sunset provision of the 2004 legislation.
• L&I is required to accept the signature of a PA on any certificate, card, form, or other documentation required by the department that the PA's supervising physician or physicians may sign, provided it is within the PA's scope of practice.
• The bill does not allow PAs to rate permanent disability.
• L&I is required to report to Legislature on the implementation and its effects on injured worker outcomes, claims, costs, and disputed claims by December 1, 2008.

ESHB 1833 - Expanding the presumption of occupational disease for firefighters

• Effective July 22, 2007.
• Amends the existing presumptive coverage statute for firefighters, and provides legislative intent language.
• Includes performance of job duties under strenuous physical exertion when engaged in firefighting activities.
• Expands the presumptive coverage for heart problems occurring within 24 hours of exposure to 'strenuous physical exertion' during firefighting activities.
• Adds multiple myeloma, colorectal, testicular, and prostate cancer diagnosed before age 50 to the list of cancers presumed to be related to firefighting.
• Firefighting duties are defined.

HB 1949 - Geoduck divers

• Effective July 22, 2007.
• Provides industrial insurance coverage to commercial divers harvesting geoduck clams, workers tending to such divers, and the employers of such divers and tenders with industrial insurance issued by L&I.

EHB 2105 - Workers' comp first-fill prescriptions

• Effective January 1, 2008.
• L&I is required to report to legislative committees on the implementation by December 1, 2009.
• L&I is required, on state fund claims only, to pay for prescription drugs provided at the initial treatment visit, for any alleged injury if a workers’ compensation claim is filed.
• The payment for these first prescriptions is required whether the claim is allowed or not.

SSB 5053 - Workers' comp self-insured worker ombudsman

• Effective July 22, 2007.
• Creates an Ombudsman for Self-Insurance, to be appointed or contracted by the governor for a term of six years, and report to the director.
• Ombudsman will act as an advocate for self-insured injured workers, offer and provide information on industrial insurance to self-insured workers, identify, investigate and facilitate resolution of complaints of the workers, maintain a statewide toll-free number and refer complaints to the department when appropriate.
• Ombudsman will develop referral procedures for complaints to the L&I which would act on the referrals as quickly as possible.
• Ombudsmen are required to file an annual report to the governor beginning October 2008.
• $873,770 is provided for the costs of FTEs or of a contracted ombudsman. These costs will be recovered through an administrative assessment to self-insurers.

ESB 5675 - Workers' comp minimum benefits

• Effective July 1, 2008.
• Increases minimum industrial insurance benefits for survivors, pension and time-loss recipients.
• The new minimum rates would apply to workers with a date of injury or disease after June 30, 2008, to allow the department adequate time for system development.
• The level will be automatically adjusted each year in the same manner as workers' compensation cost-of-living increases.
• Minimum benefits for an individual injured worker are capped at 100% of his or her wages as calculated under RCW 51.08.178.
• Workers also cannot receive less than the minimum benefit levels that exist today.
• $104,000 is provided annually for increased benefits for crime victims from the Public Safety and Education account.
• $722,000 for system changes needed to implement the bill.

SSB 5676 - Loss-of-earning power; kept-on-salary

• Effective July 22, 2007.
• Prior closure of a claim or receipt of permanent partial disability (PPD) shall not affect the rate at which loss of earning power (LEP) benefits are calculated upon claim reopening.
• Employers who provide kept-on-salary (KOS) to workers cannot do so by mandating the worker's use of sick leave, holiday or vacation pay, or similar benefits. In these instances, workers will continue to be entitled to time-loss benefits.

SSB 5688 - Workers' comp claimant representatives

• Effective July 22, 2007.
• Allows an injured worker to have their claim information forwarded to a representative without regard to whether the claim has been allowed or denied.

SHB 1128 - Operating Budget - Provisos

• $8 million to establish a program of safety and health projects, giving priority to those fostering accident prevention through cooperation between employers and employees or their representatives.
• $600,000 to contract with independent expert(s) to evaluate and recommend improvements to the retrospective rating plan, including analysis of how risks are pooled, the effect of including worker premium contributions in the adjustment calculations, incentives for accident and illness prevention, return-to-work practices, and other sound risk-management strategies consistent with recognized insurance principles.
• $605,000 for a study of the incidence of permanent total disability pensions in the state's workers' compensation system. Working with the workers' compensation advisory committee, the department shall contract with a researcher that has demonstrated expertise in workers' compensation systems. The study must consider causes of the increase in pension cases, future anticipated total disability trends, a comparison of Washington's total disability claims experience with that of other states and jurisdictions, the impact of Washington's employability standard and vocational rehabilitation on the incidence of pensions.

Division of Occupational Safety and Health

ESHB 2171 - Crane safety

• Effective January 1, 2010.
• Crane operators are required to have operating experience up to 2,000 hours according to crane type and capacity determined by the department.
• L&I is required to establish, by rule, a construction crane certification program and a construction crane operator certification program.
• Construction crane inspections would be conducted yearly by private sector inspectors certified by the L&I.
• Construction crane operators are required to obtain a valid crane operator certificate issued by an accredited crane operator testing organization accredited by a national accrediting agency.
• Specific construction crane exceptions are provided for in the bill; manufacturing facilities are not covered with minor exception.
• Crane operators are required to have operating experience up to 2,000 hours according to crane type and capacity determined by the department.
• Provides approximately $1.2 million and 11 FTEs per biennium, ongoing.

SHB 1128 - Operating Budget - Proviso

• $8 million to establish a program of safety and health projects, giving priority to those fostering accident prevention through cooperation between employers and employees or their representatives.

Specialty Compliance Services

SHB 1328 - Public workers excluded from prevailing wages on public works provisions

• Effective July 22, 2007.
• Increases the threshold for awarding agencies to utilize the alternate filing procedure for Intents and Affidavits from $2,500 to $35,000 where the limited public works process under RCW 39.04.155(3) is followed.
• These filings will still be required to pay the fees associated with normal Intent to Pay and Affidavit of Wages Paid.

HB 1457 - Youth soccer referees

• Effective July 22, 2007.
• Eliminates the requirement of a superior court order for a minor to be employed as a youth soccer referee provided they are nationally certified.

SHB 1898 - Apprenticeship utilization requirements/school district public works projects.

• Effective July 22, 2007.
• Establishes apprenticeship utilization requirements for school district public works projects. Effective: 1/1/08, $3 million projects require 10%; 1/1/09, $2 million projects require 12%; and 1/1/2010, $1 million projects require 15%.

SHB 2118 - Transferring responsibilities related to mobile and manufactured home installation from CTED to L&I.

• Effective July 1, 2007.
• L&I will be required to administer and enforce the Installer program and shall perform all consumer complaint and related functions as required for the purpose of complying with regulations regarding manufactures homes as established by HUD.

ESSHB 2284 - Care Providers - Training

• Effective July 22, 2007.
• Task Force is required to establish a fifteen-member Workgroup.
• Workgroup will evaluate current training requirements for long-term care workers, and make recommendations related to: training hours, training curricula, and the development of criteria associated with certification of new long-term care workers.
• The work group will include a director appointed representative of the department of Labor & Industries with expertise in apprenticeship programs.

For more legislative information, go to: www.leg.wa.gov.

For questions, contact Tamara Jones, L&I's Assistant Director for Legislative and Governmental Affairs.

L&I Budget Information

2009-2011 Biennial Budget Summary (145 KB PDF).

2009-2011 Budget Request to the Governor (63 KB PDF).

2008 Supplemental Budget (25 KB PDF).

2007-2009 Governor's Supplemental Budget (48 KB PDF).

2007-09 Biennial Budget Summary (71 KB PDF).

2007-09 Biennial Budget (104 KB PDF).

Medical Aid and Accident Funds (608/609) Only (17 KB PDF).

For questions, contact Tamara Jones, L&I's Assistant Director for Legislative and Governmental Affairs.

Legislative & Statutory Reports

Below are the legislative and statutory reports that have been submitted to date relating to various L&I activities. Additional updates will be added as they are completed.

All files below are in Adobe PDF format and open in a new window.

Workers' Compensation Fund Use Report: This report is in response to Supplemental Budget (Proviso) from the 2006 legislative session (Chapter 372, Laws of 2006).

• Report.
• Appendix 2 - Other States Funding Source.
• Appendix 3 - Funding for State Apprenticeship Programs.
• Appendix 4 - Final Copy Honeyford Response.
• Appendix 4 - Overview about L&I's SHARP Program.
• Appendix 5 - Article: Washington State's Role in Occupational Health.

L&I State Fund Financial Reports

Advanced Registered Nurse Practitioner Report: A response to Substitute House Bill 1691(Chapter 65, Laws of 2004) from the 2004 legislative session.

Annual Fraud Report: Annual update on L&I's fraud related activities and efforts as required by RCW 43.22.331.

Apprenticeship Utilization Report: Update of apprenticeship utilization on public works projects as required by RCW 39.04.320.

Cholinesterase Monitoring Report: Update of the Cholinesterase Monitoring program and efforts as required by RCW 49.17.288.

Contractor Registration Report: Update of Contractor Registration enforcement efforts as required by RCW 18.27.342.

Cosmetology Apprenticeship: This report is as required by SHB 2596 (Chapter 162, Laws of 2006). The cosmetology apprenticeship program was created to provide a viable option to those individuals who want a career in cosmetology.

Employer Assisted Injury: This report is as required by Substitute House Bill 2537, (Chapter 264, Laws of 2006) on the findings of a study regarding: Claims not reported promptly; The effects of the educational initiative; Results of the COHE program education on early reporting and early notification of employers; Results of the pilot where workers begin their claim process by applying through their employer; Recommendation of any needed or suggested statutory changes to implement employer reporting for all workers covered by L&I.

Initial Prescription Drugs Report: This report is required by Engrossed House Bill 2105 (Chapter 134, Laws of 2007) regarding payment for drugs prescribed during the initial visit with a provider without regard to the worker’s state fund claim status.

L&I Annual Report: As required by RCW 43.22.330 this annual report provides you with statistics and information about the state's workers' compensation system and other L&I programs for Fiscal Year 2007 (July 1, 2006, to June 30, 2007).

Pay Pending Appeal Report: This report is required by Engrossed Substitute House Bill 3139 (Chapter 280, Laws of 2008) regarding stays of industrial insurance orders on appeal.

Physicians Assistants Report: A response to Senate Bill 6356 from the 2004 (Chapter 163, Laws of 2004) legislative session.

Physician Assistants Signature Authorization: This report is in response to  HB 1722, Chapter 263, Laws of 2007 regarding the effects of authorizing Physician Assistants to sign all forms required by L&I.

PreApprenticeship Report: (1.13 MB PDF / 3 min) Update on pre-apprenticeship programs for secondary schools as required by RCW 49.04.190.

Residence Modification Assiatance: This report is as required by Engrossed House Bill (EHB) 2185, Chapter 411, Laws of 2005) regarding catastrophically injured workers having access to benefits available under the law for residence modifications.

Social Security Offset Report: This report is as required by SHB 1732 (Chapter 198, Laws of 2005) regarding benefit adjustments. The report includes information about benefit adjustments allowed by the legislation. The report also includes information about similar benefit adjustments, if any, authorized in other states with social security disability benefit offset requirements. Lastly, the report includes recommendations on whether additional statutory changes might be warranted in light of the actions of the federal social security administration.

For questions, contact Tamara Jones, L&I's Assistant Director for Legislative and Governmental Affairs.

Helpful Links

• Access Washington.
• Board of Industrial Insurance Appeals (BIIA).
• Code Reviser's Office – Washington State (Includes RCW and WAC Information).
• Federal Regulations.
• Office of Law Revision Counsel (Federal Statutes).
• Governor's Office (Washington State)
• LEG Link (Washington Legislative Subscriber Services)
• Legislature – Washington State (Includes Members and Bill Information).
• Library of Congress.
• OSHA – U.S. Dept. of Labor Occupational Safety & Health Administration.
• Public Disclosure Commission – Washington State.
• Secretary of State - Washington State.
• TVW (Washington State Public Affairs TV Network).
• U.S. Department of Labor.
• Washington State Courts (Includes Supreme Court and Court of Appeals Opinions).
• Washington Voter.

For questions, contact Tamara Jones, L&I's Assistant Director for Legislative and Governmental Affairs.