WSR 99-16-014

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 23, 1999, 11:52 a.m. ]


The Department of Labor and Industries

Semi-Annual Rules Development Agenda (July 31, 1999 - December 31, 1999)



WAC CHAPTER CHAPTER

TITLE

AGENCY CONTACT PROPOSED

TIMELINE

DESCRIPTION

OF RULE(S)

INSURANCE SERVICES
296-14-31001-

296-17-930

Industrial Insurance Benefit Rules Penny Lewis

902-4257


Ken Woehl

902-4775

CR-101: 04/28/99

CR-102: 06/23/99

Hearing: 07/30/99

CR-103: 08/30/99

Effective: 10/01/99

To amend industrial insurance benefit rules applicable to the closing and reopening of workers' compensation system.
296-14-100, 400, 410 and 420 Industrial Insurance Jody Moran

902-4300

CR-102: 06/23/99

Hearing: 07/30/99 CR-103: 8/30/99

Effective: 10/01/99

To issue rules regarding voluntary retirement, reopening for benefits, reduction, suspension or denial of compensation as a result of noncooperation, and payment of benefits when there is a question of responsible insurer. This rule complies with EO 97-02 on regulatory improvement.
296-15 Workers' Compensation Self Insurance Rules and Regulations Joyce Walker

902-6907

CR-101: 07/20/99

CR-102: 09/01/99

Hearing: 10/11/99

CR-103: 11/17/99

Effective: 12/27/99

To issue rules regarding application, financial and administrative processing requirements. This rule complies with EO 97-02 on regulatory improvement.
296-17-31001-

296-17-930

General Reporting Rules, Classifications, and Rating System Ken Woehl

902-4775

CR-101: 03/24/99

CR-102: 06/02/99

Hearing: 07/16/99

CR-103: 08/31/99

Effective: 10/01/99

To amend general rules and classification definitions applicable to the workers' compensation system.
296-17-31001-

296-17-930

General Reporting Rules, Classifications, and Rating System Ken Woehl

902-4775


Bill Vasek

902-5015

CR-101: 03/24/99

CR-102: 09/22/99

Hearing: 11/03/99 11/05/99

CR-103: 11/29/99

Effective: 01/01/00

To adjust premium rates applicable to the workers' compensation system, and to amend general reporting and classification rules referencing LLC's.
296-17-90401-90492

General Reporting Rules, Classifications, Audit and Record keeping, Rates and Rating System for Workers' Compensation Insurance

Frank Romero

902-4835

CR-101: 06/23/99

CR-102: 09/22/99

Hearings: 11/03/99 11/05/99

CR-103: 11/30/99

Effective: 01/01/00

Retrospective rating program rules. These rules are being revised to implement performance audit recommendations and Senate Bill 6048. Subject of possible rule making include:

• Readoption of retrospective rating rules contained in WAC 296-17;

• Establishment of new underwriting guidelines;

• Prohibiting the direct payment of medical bills by state fund insured employers;

• Requirement of an annual report highlighting workplace safety accomplishments of group;

• Streamlining reenrollment process;

• Elimination of any bias in re-evaluation of case reserves;

• Elimination of the pro-rata distribution of occupational disease claims;

• Elimination of any bias that might exist in the retro premium formula including increasing the number of mandatory adjustments;

• Elimination of captive clauses in retro group contracts and capping administrative fees of sponsoring organizations; and

• Requiring the additional safety performance measurements as part of the retro premium formula.

296-20-06101 Provider Reporting Requirements Linda Grant

902-6790

CR-101: 06/23/99

CR-102: 09/22/99

Hearing: 10/28/99

CR-103: 12/16/99

Effective: 01/17/00

To amend rules concerning the various reports the agency and self-insurers require before they will approve treatment, time loss and treatment bills.
296-20

296-23

296-23A


General Rules

Reimbursement Policies

Hospitals

Jim Dick

902-5131

CR-101: 06/02/99

CR-102: 09/99 or 10/99

Hearing: 11/99 or 12/99


*estimated time line - subject to change

To revise rules within specified chapters of the medical aid rules. Changes will allow reimbursement of selected outpatient services and supplies through a prospective payment system.
296-20-00701

296-20-02702

296-20-02703

296-20-02704

296-20-02705

296-20-02850

General Rules -Criteria for medical coverage decisions Jami Lifka

902-4941

CR-101: 06/01/98

CR-102: 06/23/99

Hearing: 08/06/99

CR-103: 09/14/99

Effective: 10/15/99

These sections define medical coverage decisions (MCDs), identify who makes and who uses MCDs, describe where MCDs can be found, identify the criteria used to make MCDs, clarify the difference between MCDs and treatment guidelines, and identify when exceptions may be made to department MCDs.
296-20-03003 General Rules -Drugs and medication Jami Lifka

902-4941

CR-101: 07/01/98

CR-102: 09/22/99

Hearing: 10/26/99

CR-103: 12/07/99

Effective: 01/08/00

This section outlines general principles and specific requirements as it pertains to coverage for drugs and medication.
296-20-01002 General Rules -Definitions for medical coverage decisions Jami Lifka

902-4941

CR-101: 07/21/99

CR-102: 09/22/99

Hearing: 10/26/99

CR-103: 12/07/99

Effective: 01/08/00

This section includes definition of terms used in the medical aid rules, chapters 296-20, 296-21, 296-23, 296-23A WAC. Any change to this section, at this time, would be limited to the definition of "medically necessary."
296-20-03004 General Rules - Chemonucleolysis Jami Lifka

902-4941

CR-101XR: 04/22/98

CR-103: 09/22/99

Effective: 10/25/99


This section describes authorization criteria for the chemonucleolysis procedure. Chemonucleolysis is an outdated medical procedure.
296-30


Rules for the Administration of the Crime Victim Compensation Program Valerie Estes

902-5369

CR-102XA: 08/04/99

CR-103: 10/02/99

Effective: 11/02/99

Second segment of intensive rule review in connection with EO 97-02 on regulatory improvement.
296-31 Crime Victim Compensation Mental Health Treatment Rules and Fees Valerie Estes

902-5369

CR-101: 05/19/99

CR-102 : 07/21/99

Hearing: 08/24/99

CR-103: 09/29/99

Effective: 11/01/99

Amendments are being made to implement CVC Mental Health Treatment Guidelines Task Force recommendations.
Chapter to be determined To be determined Blake Maresh

902-6564

To be determined:

CR-101:

CR-102:

Hearing:

CR-103:

Requirements for private vocational providers
SPECIALTY COMPLIANCE SERVICES
296-96 Elevators Rich Atkinson

902-6369

CR-101: 6/17/98

CR-102: 9/22/99

Hearing: 10/26/99

CR-103: 11/30/99

Effective: 12/30/99

New chapter to incorporate all existing elevator chapters plus electric manlift chapter from WISHA.
296-104 Boilers and Unfired Pressure Vessels Dick Barkdoll 906-5270 CR-101: 02/10/99

CR-102: 06/30/99

Hearing: 09/21/99

CR-103: 10/5/99

Effective: 11/6/99

Clear rule writing and housekeeping changes.
296-402 Electrical Testing Laboratory Janet Lewis

902-5249

CR-101: 08/18/99

CR-102: 10/20/99

Hearing: 11/30/99

CR-103: 12/30/99

Effective: 01/30/00

Add new section of field work; eliminate two-year inspections.
296-403 Amusement rides or structures Janet Lewis 902-5249 CR-101: 08/18/99

CR-102: 10/20/99

Hearing: 11/30/99

CR-103: 12/30/99

Effective: 01/30/00

Clarify temporary operating permits.
WASHINGTON INDUSTRIAL SAFETY AND HEALTH (WISHA)
296-24 General Safety and Health Standards Jim Hughes

902-4504

CR-101: 05/26/99

CR-102: 08/03/99

Hearing: 09/09/99 (Tumwater) and 09/10/99 (Yakima)

CR-103: 11/05/99

Effective: 03/01/00

To adopt new federal OSHA requirements on power industrial trucks (forklifts) training in order to be as effective as the federal final rule. Also, rewriting powered industrial truck general requirements to comply with EO 97-02 on regulatory improvement. State-initiated amendments will be proposed to provide for equal protection in all industries.
296-24 and 296-62 General Safety and Health Standards and General Occupational Health Standards Jim Hughes

902-4504

To be determined:

CR-101:

CR-102:

Hearing:

CR-103:

Effective:

To adopt new federal OSHA requirements relating to diptanks.
296-24 General Safety and Health Standards Cindy Ireland

902-5522

To be determined:

CR-101:

CR-102:

Hearing:

CR-103:

Effective:

To revise and adopt requirements relating to woodworking - machine guarding to comply with EO 97-02 on regulatory improvement.
296-24 and 296-155 General Safety and Health Standards and Safety Standards for Construction Work Cindy Ireland

902-5522

CR-101: 04/05/99

CR-102: 09/21/99

Hearing: 10/27/99

CR-103: 02/08/00

Effective: 05/01/00

To revise and adopt the scaffold requirements in WAC 296-24 for consistency with WAC 296-155. This rule complies with EO 97-02 on regulatory improvement.
296-24 General Safety and Health Standards Ken Lewis

902-4568

CR-101: 06/02/98

CR-102XA: 12/22/98

CR-102: 05/04/99

Hearing: 06/17/99

CR-103: 08/17/99

Effective: 07/01/99

To adopt a central reference in WAC 296-24 identifying where the accident prevention program requirements are located. Complies with EO 97-02 on regulatory improvement.
296-24 General Safety and Health Standards Cindy Ireland

902-5522

CR-102XA: 05/11/99

CR-103: 09/21/99

Effective: 01/01/00

To amend the mechanical power transmissions standard for clarity and accuracy.
296-24, 62, 32, 52, 78, 79, 155, 301 General Safety and Health Standards, General Occupational Health Standards, Safety Standards - Telecommunications, Handling of Explosives, Woodworking, Pulp and Papermills, Construction Work, Textile Industry Jennie Hays

902-5523

CR-101: 02/03/99

CR-102XA: 06/01/99

CR-103: 08/17/99

Effective: 12/01/99

To adopt federal miscellaneous OSHA requirements to be as effective as the federal final rule. Also, adopt state-initiated corrections.
296-27 and 296-350 Record keeping and Reporting and Reassumption of Jurisdiction Michael McCauley

902-5779

To be determined:

CR-101:

CR-102:

Hearing:

CR-103:

Effective:

To amend the penalties and reassumptions rules to comply with EO 97-02 on regulatory improvement.

296-32, 36, 59, 78, 155 and 301 Safety Standards - Telecommunications, Compressed Air, Ski Areas, Woodworking, Construction Work, Textile Industry Michael McCauley

902-5779

CR-101: 02/26/99

CR-102: 07/20/99

Hearing: 08/24/99

CR-103: 12/07/99

Effective: 03/01/00

To clarify first-aid requirements and to correct references based on changes to WAC 296-24.
296-32 Safety Standards for Telecommunications Jennie Hays

902-5523

CR-101: 07//6/99

To be determined:

CR-102:

Hearing:

CR-103:

Effective:

To revise and adopt the telecommunication requirements with the assistance of the Telecommunications Safety Advisory Committee.
296-50 Safety Standards - Manufacture of Explosives Jennie Hays

902-5523

CR-101XR: 06/01/99

CR-103: 08/03/99

Effective: 11/01/99

This standard is being repealed because this rule is significantly out of date. Necessary compliance requirements dealing with explosives manufacturers are located in other standards.
296-54 Safety Standards for Logging Operations Cindy Ireland

902-5522

CR-101: 05/07/97

CR-102: 04/06/99

Hearing: 05/25/99 (Tumwater) and 05/26/99 (Spokane)

CR-103: 08/18/99

Effective: 12/01/99

To amend the logging standard with the assistance of an industry labor/management advisory committee. Complies with EO 97-02 on regulatory improvement.
296-62 and 296-65 General Occupational Health Standards and Asbestos Removal and Encapsulation Christy Wood

902-5524

CR-101: 12/01/98

CR-102: 04/06/99

Hearing: 05/14/99

CR-103: 08/10/99 Effective: 11/10/99

To adopt federal OSHA requirements relating to asbestos.
296-62 General Occupational Health Standards Ken Lewis

902-4568

CR-101: 03/09/99

CR-102: 06/18/99

Hearing: 07/28/99

CR-103: 10/29/99

Effective: 02/01/00

To adopt federal OSHA requirements on confined spaces in order to be as effective as the federal final rule.
296-79

Pulp, Paper, Paperboard Mills and Converters Ken Lewis

902-4568

CR-101: 08/24/94

CR-102: 03/02/99

Hearing: 04/07/99

CR-103: 08/03/99

Effective: 11/03/99

To amend the pulp and paper standard with the assistance of an industry labor/management advisory committee. This rule complies with EO 97-02 on regulatory improvement.
296-155 Safety Standards for Construction Work Ken Lewis

902-4568

CR-101: 03/09/99

CR-102: 10/19/99

Hearing: 11/23/99

CR-103: 02/22/00

Effective: 06/01/00

To revise and adopt concrete pumper requirements with the assistance of the Construction Advisory Committee.
296-155 Safety Standards for Construction Work Jim Hughes

902-4504

To be determined:

CR-101:

CR-102:

Hearing:

CR-103:

Effective:

To revise and adopt the personnel platform requirements with the assistance of the Construction Advisory Committee.
296-304 Safety Standards for Ship Repairing, Shipbuilding and Shipbreaking Jim Hughes 902-4504 To be determined:

CR-101:

CR-102:

Hearing:

CR-103:

Effective:

To revise and adopt requirements relating to ship repairing, shipbuilding and shipbreaking to comply with EO 97-02 on regulatory improvement.
296-307 Safety Standards for Agriculture Ken Lewis

902-4568

To be determined:

CR-101:

CR-102:

Hearing:

CR-103:

Effective:

To revise and adopt rules relating to temporary worker housing. This is a joint rule making with the Department of Health in accordance with chapter 374, Laws of 1999 (ESSB 5599).
Chapter to be determined

To be determined Jennie Hays

902-5523

CR-101: 12/01/98

To be determined:

CR-102:

Hearing:

CR-103:

Effective:

WISHA is currently reviewing requirements with an advisory committee for musculoskeletal prevention for future rule development.

* PLEASE NOTE: WISHA's agenda is scheduled to change as new federal OSHA rules become effective.


Please feel free to contact 902-4206 or e-mail walx235@LNI.WA.GOV, if you have any questions.

Selwyn S. C. Walters

Rules Coordinator