Industry Alert: Washington State Enacts New Rules to Protect Workers from Ergonomic Injuries
In April 2023, Washington State enacted regulations related to strains and sprains, also known as work-related musculoskeletal disorders (WMSDs). The new regulation allows Labor and Industries (L&I) to adopt a rulemaking change for an industry or risk class1 each year starting in July 2026. The rulemaking will focus on industries or risk classes with at least twice the statewide rate of WMSDs.
Strains, sprains, and other WMSDs account for at least one-third of all workers’ compensation claims that result in time loss. They are also more severe than the average nonfatal injury or illness and are a common cause of long-term disability. Apex’s ergonomics services can help your business prevent WMSDs and perform above industry standard so you are prepared for the more stringent rulemaking expected from this regulation.
Which industries are affected?
Legislation requires L&I to publish a list of industries and risk classes selected for rulemaking every year. They must also provide a “high-priority list” of industries or risk classes most likely to be selected in future years. L&I expects to select an industry or risk class for initial rulemaking in mid-2024. Following the selection, the department will establish an advisory committee of business and labor stakeholders to assist in developing rule language.
| Rulemaking Action Items and Timeline | |
|---|---|
| Action Item | Date |
| Initial Eligible Industry and Risk Class List Report | November 30, 2023 |
| Annual Eligible Industry and Risk Class Report Posted | By November each year |
| Select First Industry or Risk Class for Rulemaking | Anticipated Spring 2024 |
| File CR-101 | Anticipated Spring 2024 |
| Assemble Industry or Risk Class Advisory Committee as Required by RCW 49.17.520(6) |
Anticipated Summer 2024 |
| Develop Rule Language | Starting Summer 2024 |
| Rule Adoption | To be determined (TBD) |
| Effective Date | TBD, at least 120 days after adoption, not earlier than July 1, 2026 |
Currently, the high-priority list includes the following five industries, of which one will be chosen for rulemaking.
| NAICS# | NAICS Description |
| 2103 | Fulfillment centers |
| 6108 | Nursing and convalescent homes |
| 42441 | General line grocery merchant wholesalers |
| 6802 | Scheduled airlines (ground crew) |
| 6407 | Wholesale stores, NOC including, wholesale/retail combination |
Why Apex?
Our approach is rooted in current guidance and regulations, and our staff have over 50 years combined experience mitigating ergonomic risks. Apex personnel have conducted ergonomic assessments across the country and have a long history of working in Washington State at industrial plants, warehouses, manufacturers, and more.
How Apex can help you!
The Apex team assists business leaders in understanding rules affecting their operations. We collaborate to identify risks and recommend actions to help our clients comply with current and future WMSD regulation. Our clients choose us for any number of cost-efficient methods such as analyzing incident rates (OSHA 300 logs), policy and program review, on-site risk assessments, solution development, and return on investment analysis against KPIs for solutions.
We are known for services not only in ergonomic assessments but also in environmental assessment and remediation, hazardous building materials (lead, asbestos, and mold), industrial hygiene, compliance/audits/assurance, and worker safety.
We can help you:
- Identify your risks
- Mitigate each risk so it is fit-for-purpose, well-understood, effectively solved, and continuously monitored
- Prevention of strains and sprains
- Investigate incidents
- Manage change
1 “Risk classification” means any classification defined in chapter 296-17A WAC classification for Washington workers’ compensation insurance.