Status
Per 2023 Senate Bill ESSB 5217, L&I is pursuing rulemaking to prevent workplace musculoskeletal disorders.
L&I selected Scheduled Airline – Ground Crew Operations, Risk Class 6802 for the first rulemaking in October 2024.
L&I published the 2024 report of industries and risk classification eligible for rulemaking. The lists are available under the "Industry & Risk Classification Lists" section below. With the publication of the 2024 report, L&I has announced that the second rulemaking will be for Fulfillment Centers, Risk Class 2103. L&I will not start the second formal rulemaking until later in 2025
Learn more about our rulemaking process and terminology.
Work-related musculoskeletal disorders (WMSDs) are the leading type of occupational injury in Washington state. They account for at least one-third of workers' compensation claims that result in time-loss or wage replacement.
In 2023, the legislature passed RCW 49.17.520, allowing L&I to adopt rules to prevent WMSDs in industries or risk classes that see workers compensation claims for WMSDs at least two times the overall state rate. Only one rule for either an industry or risk classification can be adopted within a 12 month period. The effective date of any WMSD rule must be at least 120 days after adoption of the rule and the first rule cannot take effect until July 1, 2026.
RCW 49.17.520 directs L&I to publish an annual report of industries and risk classifications eligible for rulemaking along with a high priority list of those most likely to be selected for new rules each November.
The November 2023, report identified 31 high priority industries and risk classes, which was later narrowed to 5 industries and risk classes. In October 2024, L&I selected Scheduled Airlines – Ground Crews, Risk Class 6802 for the first rulemaking effort and began the formal rulemaking process.
The November 2024 report included 29 high priority industries and risk classes with the top 5 identified. With the publication of the 2024 report, L&I has announced that the second rulemaking will be for Fulfillment Centers, Risk Class 2103. L&I will not start the second formal rulemaking until later in 2025.
The Ergonomics Initiative (ESSB 5217) requires publication of an annual list of industries and risk classification eligible to be covered by new rules.
| Action Item | Date |
|---|---|
| 2024 eligible industry and risk class list report | November 30, 2024 |
| Annual eligible industry and risk class list report posted | By November each year |
| Select first industry or risk class for rulemaking See Scheduled Airline – Ground Crew Operations, Risk Class 6802 |
October 29, 2024 |
| Effective date of the first rule | TBD, At least 120 days after adoption no earlier than July 1, 2026 |
Only one rule for either an industry or risk classification can be adopted within a 12 month period.
| Industry | Current Status |
|---|---|
| Scheduled Airline – Ground Crew Operation, Risk Class 6802 | CR-101 Preproposal filed October 29, 2024 |
| Fulfillment Centers, Risk Class 2103 | Rulemaking starting in late 2025 |
The Legislature directed L&I to publish every year a list of eligible industries and risk classes, along with a high priority list of those most likely to be selected for new rules. L&I will also focus efforts to provide technical assistance to lower the rate of WMSDs to the industries and risk classes on the high priority list.
See questions and answers about the list of industries and risk classifications (November, 2024).
2024
- 2024 Eligible Industry and Risk Class List Report November, 2024
2024 Background Data
Compensable WMSD claims from 2018 through 2022 for all industries and risk classifications:
- By NAICS five-digit industry code, all industries
- By NAICS four-digit industry group code, all groups
- By NAICS three-digit subsector code, all subsectors
- By four-digit risk class code, all classes.
2023
High priority industry data summary fact sheets.
- Scheduled Airline Ground Crew
- Personal de tierra de aerolíneas comerciales (Spanish version)
- Fulfillment Centers
- Centros de distribución (Spanish version)
- Grocery Wholesalers
- Comercio al por mayor de comestibles (Spanish version)
- Skilled Nursing Facilities
- Centros de enfermería especializada (Spanish version)
- Wholesale Stores
- Comercio al por mayor (Spanish version)
Ergonomics rulemaking resources
- Get help with workplace Ergonomics by scheduling a Consultation visit.
- Engrossed Substitute Senate Bill 5217 summary
- Sprains & strains prevention
- Learn more about the Ergonomics Process and how to prevent Work-Related Musculoskeletal Disorders (WMSDs) in your workplace
- WMSD Claim Tracking
Staff Contacts
For questions about this rulemaking project contact RulemakingErgo@Lni.wa.gov
For general questions about ergonomics or to schedule a no-charge ergonomics consultation, contact Ergonomics@Lni.wa.gov
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