WSR 16-04-090
AGENDA
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed January 29, 2016, 5:09 p.m.]
Pursuant to RCW 34.05.314, following is the department of labor and industries' semi-annual rules development agenda for January 1 through June 30, 2016.
There may be additional rule-making activities not on the agenda as conditions warrant.
Please contact Maggie Leland at (360) 902-4504 or maggie.leland@lni.wa.gov if you have any questions.
Semi-Annual Rules Development Agenda
January 1 - June 30, 2016
WAC
CHAPTER(S)
RULE SUBJECT
AGENCY
CONTACT
PROPOSED TIMELINE
BRIEF DESCRIPTION OF CHANGES
CR-101
CR-102
CR-103
Division: Division of occupational safety and health (DOSH)
296-809
Construction confined spaces
Chris Miller
DOSH
Standards Program
(360) 902-5516
1/5/16
September 2016
April 2017
Changing rule to align with OSHA's recent changes to their 29 C.F.R. 1926, Subpart AA, which covers confined space issues in construction.
296-45
Electrical workers
Chris Miller
DOSH
Standards Program
(360) 902-5516
12/2/14
12/8/15
4/5/16
Rule making necessary to revise chapter 296-45 WAC to comply with changes in OSHA 29 C.F.R. Parts 1910 Electric Power Generation, Transmission and Distribution and 1926, Subpart V, Power Transmission and Distribution.
296-62-500
Part R
Hazardous drugs
Chris Miller
DOSH
Standards Program
(360) 902-5516
5/6/14
1/19/16
5/3/16
Amending sections of chapter 296-62 WAC relating to hazardous drugs for increased clarification, streamlining and conforming to the federal global harmonization rule requirements.
296-45
High voltage/helicopters
Chris Miller
DOSH
Standards Program
(360) 902-5516
3/5/13
12/8/15
4/5/16
Updating the safety requirements in chapter 296-45 WAC that relate to electrical work with helicopter assistance.
296-32
Telecommunications
Chris Miller
DOSH
Standards Program
(360) 902-5516
8/6/13
September 2016
TBD
Updating current telecommunications standard and bringing it up-to-date with industry standards. DOSH has been working with a stakeholder group to develop draft language.
296-36,
296-155
Part Q
Compressed air (tunnels)
Chris Miller
DOSH
Standards Program
(360) 902-5516
9/18/12
June 2016
TBD
Rule making in response to petitions and other requests from labor and business industry stakeholders to update the compressed air work requirements in chapters 296-36 and 296-155 WAC Part Q.
296-54
Logging operations
Chris Miller
DOSH
Standards Program
(360) 902-5516
11/16/10
TBD
TBD
Resuming rule-making efforts initiated in 2010 based on a petition from the logging industry.
296-155
Fall protection
Chris Miller
DOSH
Standards Program
(360) 902-5516
3/22/16
TBD
TBD
Correct Part C-1 in construction rule.
296-155
Demolitions standards
Chris Miller
DOSH
Standards Program
(360) 902-5516
April 2016
TBD
TBD
Update based on nonworker fatality.
296-27
296-800
Recordkeeping and reporting, Phase 2
Chris Miller
DOSH
Standards Program
(360) 902-5516
April 2016
TBD
TBD
Rule making necessary to revise chapters 296-27 and 296-800 WAC to comply with changes in OSHA 29 C.F.R. Part 1904 Recording and Reporting Occupational Injuries and Illnesses. Phase 1 of rule adopted on May 19, 2015, effective July 1, 2015. Phase 2 will be to submit CR-105 to add bloodborne pathogens and firefighters; as well as housekeeping.
296-62
Lead
Chris Miller
DOSH
Standards Program
(360) 902-5516
March/April 2016
TBD
TBD
DOSH is currently holding stakeholder meetings in response to a public petition received that requested we update our lead rule to provide better protection for workers.
296-307
296-800
296-839
296-901
Globally harmonized system (GHS) for hazard communication for agriculture Phase 2
Chris Miller
DOSH
Standards Program
(360) 902-5516
February 2016
TBD
TBD
Correcting minor sections that were not modified during the original rule making.
296-155
eRules reformatting,
Phase 5
Chris Miller
DOSH
Standards Program
(360) 902-5516
6/2/15
1/5/16
4/5/16
Fifth of ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.
296-54, 296-65, 296-301, 296-303, 296-304, 296-803, 296-811, 296-816, 296-818, 296-824, 296-835, 296-841, 296-842, 296-863, 296-900
eRules reformatting,
Phase 6
Chris Miller
DOSH
Standards Program
(360) 902-5516
8/18/15
3/22/16
6/21/16
Sixth of ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.
296-305, 296-800, 296-802, 296-833, 296-839, 296-843, 296-848, 296-849, 296-855, 296-856
eRules reformatting,
Phase 7
Chris Miller
DOSH
Standards Program
(360) 902-5516
12/1/15
5/31/16
8/23/16
Seventh of ten staged filing packages to reformat safety and health rules for easier use, clearer understanding, and greater stakeholder access.
296-27, 296-32, 296-36, 296-37, 296-45, 296-52, 296-59, 296-63, 296-67, 296-78, 296-79, 296-99, 296-155
eRules reformatting,
Phase 8
Chris Miller
DOSH
Standards Program
(360) 902-5516
3/1/16
5/31/16
8/23/16
Eighth of ten staged filing packages to reformat safety and health rules for easier use, clearer understanding, and greater stakeholder access.
296-62
eRules reformatting,
Phase 9
Chris Miller
DOSH
Standards Program
(360) 902-5516
4/19/16
5/31/16
8/23/16
Ninth of ten staged filing packages to reformat safety and health rules for easier use, clearer understanding, and greater stakeholder access.
296-829, 296-876, 296-878
Change log
Phase 1
Chris Miller
DOSH
Standards Program
(360) 902-5516
2/16/16
TBD
TBD
Housekeeping to rules that have corrections listed in the change log that are not currently open in eRules.
296-24, 296-56, 296-806, 296-807, 296-809, 296-817, 296-823, 296-826, 296-828, 296-860, 296-864, 296-865, 296-869, 296-870, 296-874
Change log
Phase 2
Chris Miller
DOSH
Standards Program
(360) 902-5516
March/April 2016
TBD
TBD
Housekeeping to rules that have corrections listed in the change log that are not currently open in eRules.
Division: Fraud prevention and labor standards
296-127
Prevailing wage
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Review prevailing wage rules, which have not gone through a comprehensive review since the early 90s. Amendments will:
• Reflect court decisions;
• Integrate administrative policies;
• Streamline current processes;
• Create consistency with the statute; and
• Make housekeeping changes.
296-127
Prevailing wageScope of work descriptions for dredge workers, truck drivers, and ready mix truck drivers
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
1/5/16
TBD
TBD
Adopt scope of work descriptions for dredge workers, truck drivers, and ready mix drivers.
296-127
Prevailing wageScope of work description for fabricated precast concrete products
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
L&I is currently working with the prevailing wage advisory committee on the scope of work definition for fabricated precast concrete products.
296-127
Prevailing wageScope of work descriptions for utilities construction and laborers in utilities construction
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
8/16/10
TBD
TBD
Repeal scope of work definitions for utilities construction and laborers in utilities construction.
296-150M
Manufactured homes
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Make housekeeping changes and update language for clarity and consistency.
296-200A
Contractor certificate of registration renewalsSecurityInsurance
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Make housekeeping changes and update language for clarity and consistency with industry practices. Clarify definitions.
296-400A
Plumber certification rules
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
6/16/15
10/7/15
2/16/16
Make housekeeping changes and update language for clarity and consistency with industry practices.
Division: Insurance services
296-14
Pension discount rate
Suzy Campbell
Claims Specialty Services
(360) 902-5003
11/3/15
12/22/15
2/16/16
Consider whether to reduce the current pension discount rate of 6.4 percent lower for 2016.
296-17
296-17A
General classification rule making with reporting rule option
Annie Peeples Employer Services
(360) 902-4733
10/20/15
1/5/16
7/5/16
Changes to a variety of classifications and reporting rules to improve clarity and potentially consolidate subclassifications to better address homogeneity. Employer rates will not change as a result of this rule making.
296-17
296-17A
2016 Miscellaneous reporting and classification change
Jo Anne Attwood Employer Services
(360) 902-4777
1/19/16
3/22/16
5/17/16
• Correct typographical and other errors (such as invalid telephone numbers and out-of-date references),
• Revise wording and formatting to make the rules easier to understand and apply, and
• Incorporate and formalize existing agency practices (such as expressly including in a risk classification employment that the department currently includes by interpretation or analogy).
296-17
296-17B
2017 Workers' compensation premium rates
Jo Anne Attwood Employer Services
(360) 902-4777
6/21/16
9/20/16
11/29/16
Set rates for 2017 workers' compensation insurance.
296-17A
Classifications for schools and churches
Dick Bredeson Employer Services
(360) 902-4985
TBD
TBD
TBD
Consider creating separate classifications for schools and churches. Presently they are subclassifications of the same basic classification.
296-17A
Retail stores
Dick Bredeson Employer Services
(360) 902-4985
5/17/16
8/23/16
3/7/17
Consider classification changes if supported by insurance principals.
296-17A
Entertainers
Julia Sweeney Employer Services
(360) 902-4799
TBD
TBD
TBD
Update classifications for reporting entertainers so that they are fair, equitable and easily applied.
296-17A
Merchandising/audio installation
Julia Sweeney Employer Services
(360) 902-4799
TBD
TBD
TBD
Correct possible inconsistencies with some subclassifications to insure businesses with similar operations are classified together.
296-17
296-17A
Janitorial division of hours
Annie Peeples Employer Services
(360) 902-4733
TBD
TBD
TBD
Amends reporting and classification rules to improve clarity regarding the division of hours between classification 6602 and construction classifications, and creates special exception subclassification for preoccupancy cleanup.
296-20-135 296-23-220 296-23-230
Medical aid rules rate updates
Emily Stinson
Health Services Analysis
(360) 902-5974
12/22/15
2/16/16
4/19/16
The affected rules describe elements used in the process of updating the maximum allowable payments for most professional health care services.
296-20
Interchangeable biological products
Jaymie Mai
Office of the
Medical Director
(360) 902-6792
Jami Lifka
Office of the
Medical Director
(360) 902-4941
TBD
TBD
TBD
ESB 5935 "Concerning biological products" passed during the 2015 legislative session. This bill authorizes pharmacists to substitute FDA-approved "interchangeable biological products," similar to generics, for brand biologicals. WAC 296-20-03011 should be amended to reflect this change. This may be an expedited rule-making process.
296-19A
Option 2 benefits
Laurinda Grytness Return to Work Partnerships
(360) 902-6362
8/4/15
9/22/15
1/19/16
Changes needed to implement SHB 1496. Increases the vocational award to an amount equal to nine months of temporary total disability benefits, allows up to ten percent of retraining funds to be used for vocational assistance, and gives Option 1 participants the ability to switch to Option 2 through the first academic quarter or three months of training.
296-16
EmployerWorker reemployment incentives
Laurinda Grytness
Return to Work Partnerships
(360) 902-6362
8/4/15
TBD
TBD
Changes needed to implement SHB 1496. Employers participating in the preferred worker program could receive financial incentives similar to the existing stay at work program. They could also receive a new "durable employment" bonus, and the premium discount would be extended to include the employer of injury.
296-19A
Vocational rehabilitation
Laurinda Grytness
Return to Work Partnerships
(360) 902-6362
3/1/16
TBD
TBD
Further changes as needed to implement SHB 1496, such as providing clarification about Option 2 vocational counseling and job placement services.
296-15-4316
Vocational Option 2 benefits
James Nylander
Self-Insurance
(360) 902-6907
10/6/15
TBD
TBD
This rule making changes an existing rule, to allow a longer period of time for workers who are eligible for vocational retraining to decline further vocational services and instead select vocational Option 2 benefits.
296-15
Electronic data interchange
James Nylander
Self-Insurance
(360) 902-6907
12/22/15
TBD
TBD
L&I has agreed to change from the current method of self-insurance claim data reporting to an electronic data interchange (EDI). Existing rules must be modified to establish the reporting requirements for the EDI method of data submittal.
Maggie Leland
Rules Coordinator
Senior Policy Advisor