In addition to the emergency wildfire smoke and heat exposure rules that we wrote about in June, there are several other agency rulemakings that HR professionals should be aware of. Here we give a roundup of some of those agency actions and how you can participate in the rulemakings that are still ongoing.

Continued L&I COVID-19 guidance

Though most workplaces are no longer under a mask mandate, the Department of Labor & Industries (L&I) has issued a reminder of COVID-19 safety protocols that are still required to maintain a safe work environment, including containing outbreaks by not allowing infected workers near others, providing sanitation facilities, allowing voluntary mask use, and reporting workplace outbreaks, among other things. You can read more here.

Presumptive occupational diseases for first responders

L&I has initiated rulemaking to add specific occupational diseases as a presumption for firefighters, fire investigators, EMTs, and law enforcement officers. You can read the proposed rule here. Included in the list of new presumptive occupational diseases for certain professions are PTSD; certain heart problems experienced after exposure to smoke or toxic substances while on duty; “infectious diseases;” and certain lung conditions like asthma, chronic bronchitis, or lung cancer.

L&I has scheduled a public hearing on the proposed rules at 9 am on August 24. You can join the meeting by Zoom or by phone at the information below:

• Join Zoom meeting
  • Meeting ID: 936 165 5337
• Join by phone: +1 253-215-8782 US (Tacoma)
  • Find your local number
• Written comments are accepted until 5 pm on August 24, and can be sent to:
  • Email: Jordan.Ely@Lni.wa.gov
  • Mail: Dept. of Labor & Industries, PO Box 44270, Olympia WA 98504-4270
  • Fax: 360-902-5029

PFML rules on waiting periods

The Employment Security Department (ESD) recently adopted new rules that clarify that the Paid Family & Medical Leave (PFML) application waiting period does not count against an employee’s available leave, and that the waiting period is waived for medical leave taken upon the birth of a child. The rules made other minor clarifying amendments as well. You can find the new rules here.

PFML rules implementing SB 5649

During the 2022 Legislative Session, the legislature passed SB 5649, which sunset the exemption of certain collective bargaining agreements from participating in the PFML program, making the postnatal period following childbirth automatically medical (and not family) leave, and providing for a 7-day continuation of PFML benefits for parents who were previously approved for leave and whose new child subsequently died. ESD is currently undergoing rulemaking to implement these legislative changes, and you can find the most recent drafts of the proposed rules here.

SB 5649 also provided a number of mechanisms for identifying and dealing with PFML program cash flow problems, including the creation of a new legislative task force to look into the problem and recommend solutions in the 2023 session. You can follow the task force here, and watch the first task force meeting here, which took place on July 28.