SB 5217 — Concerning the state's ability to regulate certain industries and risk classes to prevent musculoskeletal injuries and disorders.

ENGROSSEDS-0439.2 SUBSTITUTE SENATE BILL 5217 State of Washington 68th Legislature 2023 Regular Session By Senate Labor & Commerce (originally sponsored by Senators Dhingra, Kauffman, Keiser, Kuderer, Lovelett, Nguyen, Nobles, Pedersen, Valdez, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 02/08/23.01/10/23.

ANReferred ACT Relating to theCommittee state'son abilityLabor to& regulateCommerce. certain industries and risk classifications to prevent musculoskeletal injuries and disorders;

AN ACT Relating to the state's ability to regulate certain industries and risk classes to prevent musculoskeletal injuries and disorders;

1 ESSBSB 5217 musculoskeletal injuries.

2 ESSBSB 5217 ((The term "agriculture")) (b) "Agriculture" does not mean a farmer's processing for sale or handling for sale a commodity or product grown or produced by a person other than the farmer or the farmer's employees.

PROVIDED, That any person, partnership, or business entity not having employees, and who is covered by the industrial insurance act ((shall))shall must be considered both an employer and an employee.

(6) ((The term "person")) "Person""Industry" means oneany orclassification morein individuals,the partnerships,North associations,American corporations,industry businessclassification trusts,system legalstructure. representatives, or any organized group of persons.

(7) ((The"Person" termmeans "safetyone andor healthmore standard"))individuals, "Riskpartnerships, classification"associations, meanscorporations, anybusiness classificationtrusts, definedlegal inrepresentatives, chapteror 296-17Aany WACorganized classificationsgroup forof Washingtonpersons. workers' compensation insurance.

(8)(((7) "SafetyThe term "safety and health standard"standard")) means(8) a"Risk standardclassification" whichmeans requiresany theclassification adoptiondefined orin usechapter of296-17A oneWAC orclassifications morefor practices,Washington means,workers' methods,compensation operations,insurance. or processes reasonably necessary or appropriate to provide safe or healthful employment and places of employment.

(((8)(9) The"Safety termand "workplace"))health (9)standard" "Workplace" means anya plant,standard yard,which premises,requires room,the adoption or otheruse placeof whereone anor employeemore practices, means, methods, operations, or employeesprocesses p.reasonably necessary or appropriate to provide safe or healthful employment and places of employment.

3p. ESSB 5217 are employed for the performance of labor or service over which the employer has the right of access or control, and includes, but is not limited to, all workplaces covered by industrial insurance under Title 51 RCW, as now or hereafter amended.

(((9)3 SB 5217 (((8) The term "working"workplace")) day")) (10) "Working"Workplace" day" means aany calendarplant, day,yard, exceptpremises, Saturdays,room, Sundays,or andother allplace legalwhere holidaysan asemployee set forth in RCW 1.16.050, as now or hereafteremployees amended,are andemployed for the purposesperformance of thelabor computationor ofservice timeover within which anthe actemployer ishas tothe beright doneof underaccess theor provisionscontrol, ofand thisincludes, chapter,but ((shall))is mustnot belimited computedto, all workplaces covered by excludingindustrial theinsurance firstunder workingTitle day51 andRCW, includingas thenow lastor workinghereafter day.amended.

(((9) The term "working day")) (11) "Work-related"Working musculoskeletalday" injuriesmeans a calendar day, except Saturdays, Sundays, and disorders"all meanslegal injuriesholidays as set forth in RCW 1.16.050, as now or disordershereafter ofamended, and for the muscles,purposes nerves,of tendons,the joints,computation cartilage,of andtime spinalwithin discswhich associatedan withact exposureis to riskbe factorsdone inunder the workplace.provisions of this chapter, shall be computed by excluding the first working day and including the last working day.

Musculoskeletal injuries and disorders include sprains, strains, tears, back pain, soreness, pain, carpal tunnel syndrome, musculoskeletal system or connective tissue diseases and disorders when the event or exposure leading to the injury or illness is bodily reaction from bending, climbing, crawling, reaching, twisting, sitting, or standing;

being rubbed or abraded by kneeling on a surface;

being rubbed, abraded, or jarred by vibration;

overexertion;

or repetition.

The department may update this definition in accordance with changes to the United States department of labor's definition or updates to the United States bureau of labor statistics' occupational injury and illness classification system.

(1) The department may adopt rules related to preventing musculoskeletal injuries and disorders that provide standards for an industry or risk classification,class, subject to the limits in this section.

(2)(a)(2) Within a 12-month period, the department may not adopt more than one set of rules related to preventing musculoskeletal injuries and disorders for an industry or risk classificationclass that previously did not have rules related to preventing musculoskeletal injuries and disorders.

The(3) rulesRules wouldproviding applystandards tomay anonly establishmentbe engagedadopted infor activitiesindustries asor definedrisk byclasses where compensable workers' compensation claims involved musculoskeletal injuries and disorders at a rate greater than two times the industryoverall orstate riskworkers' classification.compensation compensable claim rate for musculoskeletal injuries and disorders over a recent five-year period.

(b)(4)(a) SubjectWithin to90 subsectiondays (10)of the department filing a preproposal statement of thisinquiry section,(CR-101) thefor departmentindustry mayor notrisk adoptclass emergencyspecific rules underrelated chapterto 34.05preventing RCWmusculoskeletal relatedinjuries and disorders, the department must provide a report to p.the appropriate committees of the legislature.

4The ESSBreport 5217must preventinginclude musculoskeletalthe injuriescriteria andthe disordersdepartment forused anto select the industry or rate risk classificationclass that previouslywill didbe notsubject haveto the rules relatedand toa preventingdescription musculoskeletalof injuriesthe andrule-making disorders.procedures under chapter 34.05 RCW which the department will follow for the specific rules.

(3)(a)p. Rules providing standards may only be adopted for industries or risk classifications where compensable workers' compensation claims involved musculoskeletal injuries and disorders at a rate greater than two times the overall state workers' compensation compensable claim rate for musculoskeletal injuries and disorders over a recent five-year period.

(b)4 WhenSB adopting5217 rules(b) byAt industryleast subsectorannually, at the three-digit level, the department must excludepublish froma regulationlist Northof Americanindustries industry classification system industry group at the four-digit level and industryrisk classificationclasses ateligible the five-digit level within the industry subsector that have a musculoskeletal injuries and disorders rate less than two times the overall state workers' compensation compensable claim rate for musculoskeletalrule injuriesmaking andunder disordersthis oversection. a recent five-year period.

(c)(5) WhenFor adoptingemployee ruleshome byoffices, industrythe groupdirector atshall not have the four-digitauthority level,to theadopt departmentany mustnew excludeor fromamended regulationrules Northdealing Americanwith industrymusculoskeletal classificationinjuries systemand industrydisorders, classificationsor atthat deal with the five-same digitor levelsimilar withinactivities as the industryrules groupwhich thatwere haverepealed ain musculoskeletalformer injuriesRCW and49.17.370 disordersfor rateemployee lesshome thanoffices, twountil timesand to the overallextent statecomparable workers'rules compensationapplying compensableto claimemployee ratehome foroffices musculoskeletalare injuriesrequired andby disorderscongress overor athe recentfederal five-yearoccupational period.safety and health administration.

(d)(6) WhenThe adoptinglimit ruleson byrule riskmaking classificationin atthis thesection four-digitdoes level,not theapply departmentto mustrules excludeadopted six-digitor riskamended classificationswhere withinrequired theby four-digit risk classification if they have a musculoskeletal injuries and disorders rate less than two times the overallfederal stateoccupational workers'safety compensation compensable claim rate for musculoskeletal injuries and disordershealth overadministration. a recent five-year period.

(e) When selecting an industry or risk classification from the list established for potential rule making in section 4(8)(a) of this act, the department shall consider if the industry is demonstrating a statistical downward trend in the claims rates that is greater than the statewide average.

(4) Within 90 days of the department filing a preproposal statement of inquiry (CR-101) for industry or risk classifications specific rules related to preventing musculoskeletal injuries and disorders, the department must provide a report to the appropriate p.

5 ESSB 5217 committees of the legislature.

The report must include the criteria the department used to select the industry or rate risk classification that will be subject to the rules and a description of the rule-making procedures under chapter 34.05 RCW which the department will follow for the specific rules.

(5) During rule making, the department must consider including options for an employer to demonstrate alternative control methods where:

(a) The alternative methods are at least as effective as the rule requirements;

(b) Affected employees are trained and monitored for compliance;

and (c) The employer has documented all efforts.

(6) When filing a preproposal statement of inquiry (CR-101) for industry or risk classification specific rules related to preventing musculoskeletal injuries and disorders, the department must include the convening of an advisory committee comprised of equal representatives of employers and workers from the industry or risk classification that will be subject to the rules.

(7) During rule making under this section, the department must solicit input on the effective date to specify in the order of adoption under RCW 34.05.380.

The effective date may not be less than 120 days after adoption and no rule may be effective prior to July 1, 2026.