Newsletter June 8, 2023

POLICY

• Wildfire smoke rule comment period in July
• State appropriates $400 billion to fund Blake Fix
• Washington My Health My Data Act - Part 2: The Scope of “Consumer Health Data,” by Mike Hintze
• WR signs on to letter supporting the Credit Card Competition Act

RETAIL THEFT & PUBLIC SAFETY

• Lessons learned from $200,000 Lululemon elaborate return-fraud scheme

TRENDS

• How to use ChatGPT and Google’s Bard to build your brand (and what not to do)
• Most Trusted Brands 2023

SAFETY

• Heat ruling effective date imminent

Wildfire smoke rule comment period in July

The Department of Labor and Industries (LNI) began enacting emergency rules to protect workers from wildfire smoke in 2021. In 2022, LNI moved forward on enacting permanent rules on ambient heat and wildfire smoke exposure.

Wildfire Smoke Rules (Wildfire Smoke Rulemaking (wa.gov) – In recent years, wildfires in Washington state have become larger and more frequent. Following the 2020 wildfire season, LNI initiated annual emergency rulemaking to protect workers from breathing particulate matter contained in wildfire smoke. On May 10, 2023, LNI proposed permanent wildfire smoke rules to protect the health of workers exposed to wildfire smoke while on the job. Under the proposed rules, employers must monitor air quality, alert employees when the air is at certain exposure thresholds, encourage employees to report wildfire smoke hazards, and receive medical treatment. The rules mandate the use of respirators by outdoor workers under certain air quality metrics.

WR is urging LNI to expand the definition of emergency response in the rule to include businesses that supply food, water, equipment, vehicle services, and essential supplies needed by emergency responders. Additionally, WR is urging that the definition of emergency response includes roadside response when keeping roads clear of vehicles aids in firefighting and emergency response in the impacted area.

Public hearings on the proposed wildfire smoke rules are scheduled around the state during July, with public comment closing on August 4, 2023.

State appropriates $400 billion to fund Blake Fix

By: Emily Makings | The Washington Research Council

On May 16, the Legislature held a special session to pass 2E2SSB 5536, a drug policy bill that is in response to the 2021 state Supreme Court decision in State v. Blake. (The Court held that the state’s drug possession law was unconstitutional because the state did not have to prove intent in order to convict.) In 2021, the Legislature had passed ESB 5476—a temporary fix that expires July 1, 2023.

Gov. Inslee has already signed 2E2SSB 5536. The Washington State Standard has more on the bill and the special session here.

Read the entire article on the Washington Research Council website

Washington My Health My Data Act - Part 2: The Scope of “Consumer Health Data”

By Mike Hintze

Welcome to the second installment of my blog series focusing on the Washington My Health My Data Act. Having presented a general overview in the first post, Part 2 discusses in more detail the most important factor shaping the Act’s reach and impact - the key definition of “consumer health data.” This extremely broad definition may come as a surprise to many businesses that do not think of themselves as collecting health data and may assume (wrongly) that they are not impacted by this new law.

The scope of most substantive obligations under the Washington My Health My Data Act revolves around collecting, utilizing, and disclosing “consumer health data.” Given the centrality of this term to the expansive scope and impact of the Act, it has been the subject of extensive discussion and debate during the legislative process, more so than any other aspect of the bill. This blog post will delve into this critical aspect of the Act and shed light on its full implications.

As we progress over the coming weeks, we will highlight additional blog posts that examine additional components of the Act and the important issues they raise.

Read Mike Hintze’s blog post here

WR signs on to letter supporting the Credit Card Competition Act

WR signed on to a letter to Congress along with over 200 state and national associations and other business groups in support of the Credit Card Competition Act. S. 4674/H.R. 8874.

The bill is sponsored by Senators Richard Durbin and Roger Marshall, and Representatives Peter Welch and Lance Gooden, seeks to rectify a financial imbalance favoring Wall Street megabanks and global card networks, notably Visa and Mastercard. It aims to ease the burden on small businesses and consumers grappling with near-record inflation by addressing the soaring credit and debit card swipe fees, which have risen over 25 percent in 2021 alone to $137.8 billion.

Critics point to a lack of competition as the root cause, with Visa and Mastercard controlling over 80% of the market. The Act requires cards issued by large banks (with $100 billion or more in assets) to be processed over at least two unaffiliated networks, encouraging competition, better pricing, security, and service. This won't impact small banks or credit unions.

Additionally, it introduces a necessary redundancy, providing a backup for consumers in case of a network outage or a breach in Visa or Mastercard. The Act, while beneficial to all merchants, is especially important for small retailers, who are most affected by the rising swipe fees. Advocates call for Congress to choose Main Street over Wall Street by cosponsoring the Credit Card Competition Act, echoing hopes for a fairer, more competitive market system.

Lessons learned from $200,000 Lululemon elaborate return-fraud scheme

The Sarasota Sheriff’s Office Economic Crimes Unit in Florida has arrested a man from Bradenton, Mark Tilley, on charges of defrauding athletic apparel company, Lululemon, to the tune of $200,000.

The suspect reportedly used multiple credit cards to place online orders on lululemon.com. He did this under various names, with orders shipped to different addresses within his apartment complex in Bradenton, Florida. To outwit Lululemon’s fraud detection system, the suspect used the same phone number for all the orders. However, most purchases were traced back to an IP address linked to his email address.

The scheme involved the suspect keeping items delivered by Lululemon while simultaneously initiating a return process that only involved sending back empty boxes. On scanning the return box, he would be credited with an e-gift card. Furthermore, he exploited the return policy by physically returning the same items to a Lululemon store, thereby receiving additional credit.

Six key takeaways for brick & mortar businesses with online platforms:

• Employ enhanced fraud detection systems: Fraudsters often use sophisticated techniques to trick systems. The ability to link purchases to IP addresses is an essential tool, but it should be supplemented with additional layers of detection, such as recognizing repeated use of a single phone number, tracking unusual return patterns, and scrutinizing bulk orders.

Read the full article

How to use ChatGPT and Google’s Bard to build your brand (and what not to do)

ChatGPT, and similar advanced artificial intelligence (AI) models, such as Bard by Google, can be powerful tools for retail businesses looking to build their brands. While “large language models” and generative AI are still relatively new to the public, leaning on them for factual content can be dangerous. Just ask a New York Lawyer who submitted a brief citing six non-existent judicial decisions produced by ChatGPT.

Here’s how you might use AI and what safeguards you should consider:

Customer Service: Deploy ChatGPT as a part of your customer service to handle common inquiries, guide customers through FAQs, and provide instant responses. This can help improve customer satisfaction and free up human staff to deal with more complex issues.

• Safeguard: Implement a mechanism for escalation to human operators for situations that the AI cannot handle or if the customer requests it. Additionally, ensure the AI is sufficiently trained and monitored to avoid providing incorrect or inappropriate responses.

Personalized Shopping Experience: Use ChatGPT to provide product recommendations based on customer preferences, answer product-related questions, and guide customers through the buying process.

• Safeguard: Make sure to respect user privacy and adhere to relevant laws and regulations concerning data protection. Only use data that the customer has willingly given and for the purposes that they’ve approved.

Read the entire article

Most Trusted Brands 2023

Morning Consult released its Most Trusted Brands report for 2023 earlier this month, which includes 15 brand rankings, 24 case studies, and over 50 pages of insights. WR is pleased to announce that all top 10 of the most trusted brands are members of our association.

The Morning Consult’s report shines a spotlight on the brands that have earned consumers’ trust. The consumer metric doesn’t change much from year to year, so once a brand lands a top spot on Morning Consult’s rankings, it rarely moves.

Click here to learn more about the Most Trusted Brands report, and how and why they track consumer trust.

Heat ruling effective date imminent

While working outdoors can offer numerous benefits, it also comes with certain risks, particularly when dealing with extreme weather conditions. Heat-related illnesses pose a significant threat to outdoor workers, and it is crucial to prioritize their prevention as we enter the summer season.

In recognition of this, the Department of Labor & Industries (L&I) has proposed permanent rules to be effective soon, which emphasize the inclusion of a section on heat-related illness to be included in your Accident Prevention Program (APP).

It is essential for both supervisors and employees who regularly work outdoors to undergo training in the new rules and familiarize themselves with the signs and symptoms of heat-related illnesses. Also, the rule includes additional hydration and shaded break periods depending on the outdoor temperature. A template with training requirements is available here to assist with this requirement.

Remember, prioritizing the safety and well-being of outdoor workers during extreme weather conditions is crucial, and proactive measures can help prevent heat-related illnesses and accidents. The new heat rules make for a great safety meeting topic for all employees.  



Our safety team is available to help members take their safety program from compliance to quality safety practices. Contact us at safety@waretailservices.com to learn more.

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