WSR 03-03-009

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed January 6, 2003, 4:45 p.m. ]


The Department of Labor and Industries

Semi-annual Rules Development Agenda

(January 1, 2003 - June 30, 2003)



WAC

CHAPTER

TITLE AGENCY CONTACT PROPOSED

TIMELINE

DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
Insurance Services
Chapter 296-15 WAC Workers compensation self-insurance rules and regulations George Pickett

Self Insurance

(360) 902-6907

7/19/02 1/3/03 4/1/03 Modifications in the following areas: Certification requirements, including both financial requirements and claims administration structure requirements, vocational reporting requirements, including ninety day EARs and rehab outcome reporting, reporting requirements when initiating and terminating time loss, financial information reporting requirements submissions of protests to the department, timeframes for payment of penalties.
Chapter

296-17 WAC

General reporting rules, classifications, audit and record keeping, rates and rating system for workers' compensation insurance

Frank Romero

Retrospective Rating

(360) 902-4835

3/20/03 8/03 10/03 Retrospective rating program rules - update rule to allow use of paperless record management systems such as microfiche or imaging in lieu of maintaining paper copies of contracts. Add rule that covers disqualified employer participants and continued participation in previously approved group.
Chapter 296-17 WAC General reporting rules, classifications, audit and record keeping, rates and rating system for workers' compensation insurance Ken Woehl

Employer Services

(360) 902-4775


John Blomstrand

Employer Services

(360) 902-4748

2/5/03 3/19/03 5/21/03 To amend temporary help classification rules to clarify language and make rules easier to understand. And general housekeeping of classification manual.
WAC 296-30-010 Definitions Janice Deal

Crime Victims Compensation

(360) 902-5369

Potential filing

5/03

To be determined To be determined RCW 7.68.070(17) authorizes a benefit of counseling for immediate family members of a homicide victim. The statute refers to "immediate near term consequences of the related effects of the homicide." Currently the crime victims compensation program has an internal policy defining the language of RCW 7.68.070 (17). The crime victims compensation program is considering a rule to replace the internal policy.
WAC 296-30-010 Definitions Janice Deal

Crime Victims Compensation

(360) 902-5369

CR-101 filed 9/14/02 To be determined To be determined RCW 7.68.015 instructs the crime victims compensation program to operate within the appropriations provided for this program. The new rule will provide the remedy should there be a financial shortfall.
WAC 296-20-135 Conversion factors Tom Davis

Health Services Analysis

(360) 902-6687

12/18/02 2/19/03 4/22/03 Update the conversion factors used by the department for calculating reimbursement rates for most professional health care and anesthesia services.
WAC 296-23-220 Physical therapy rules Tom Davis

Health Services Analysis

(360) 902-6687

12/18/02 2/19/03 4/22/03 Update the maximum daily reimbursement level for physical therapy services so the department may, if necessary, give cost-of-living increases to affected providers.
WAC 296-23-230 Occupational therapy rules -- Maximum daily reimbursement Tom Davis

Health Services Analysis

(360) 902-6687

12/18/02 2/19/03 4/22/03 Update the maximum daily reimbursement level for occupational therapy services so the department may, if necessary, give cost-of-living increases to affected providers.
WAC 296-255-270 Industrial insurance -- Independent medical examinations (IMEs) Dave Overby

Health Services Analysis

(360) 902-6791

1/03 5/03 8/03 This rule will amend the current rules to improve the quality of independent medical examinations (IMEs).
Chapter 296-19A WAC Vocational rehabilitation Roy Plaeger-Brockway

Health Services Analysis

(360) 902-5052

12/18/01 10/22/02 4/22/03 The proposed changes to the rule were filed with a CR-102 in late October. The proposed revisions include extending the amount of time providers have to obtain credentials. This is meant to mitigate impacts the rule has on providers who lack credentials. In addition, other sections of the rules propose improvements to clarify sections relating to forensic services, job modifications, prejob accommodations, ability to work assessments, labor market surveys, job analyses, internship requirements, and corrective action. The changes are in response to stakeholder commentary gathered as part of the CR-101.
Chapter 296-14 WAC Industrial insurance -- Mortality assumptions Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

6/20/01 1/03 5/03 This rule making will provide updates to mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapter 296-14 WAC Industrial insurance -- Wage calculations Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

10/3/01 10/02 3/03 This rule making will provide methods and factors included in the calculation of the worker's wage at the time of injury.
Chapter 296-14 WAC Industrial insurance Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

8/02 6/03 11/03 This rule making will provide clarification on how to determine a worker's employment pattern at the time of injury or on the date of disease manifestation for the purpose of calculating the worker's wage.
Chapter 296-14 WAC Industrial insurance Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

4/03 10/03 3/04 This rule making will provide definitions for terms used within chapter 296-14 WAC and will identify and move definitions currently in chapter 296-20 WAC that need to be placed in chapter 296-14 WAC, such as total temporary disability. The rule will include amendment of the definition of temporary partial disability.
Chapter 296-14 WAC Fire fighter tobacco use Jami Lifka

Office of the Medical Director

(360) 902-4941

7/3/02 1/2/03 5/1/03 Pursuant to RCW 51.32.185, the purpose of this new rule is to determine when fire fighters would be excluded from a presumption on heart and lung conditions due to current or past tobacco use.
WAC 296-20-051 Consultations Jami Lifka

Office of the Medical Director

(360) 902-4941

2/5/03 6/4/03 The department may amend WAC 296-20-01002 and 296-20-051 to make it consistent with CPT definitions for consultations.
WAC 296-20-303 Attendant services Jami Lifka

Office of the Medical Director

(360) 902-4941

Expedited

rule making

2/5/03

4/2/03 The numbering of this WAC will be amended as a housekeeping change in order to place this section among like topics.
WAC 296-20-010,

296-20-01002,

296-23A-0710

General information,

definitions

Jami Lifka

Office of the Medical Director

(360) 902-4941

Expedited rule making

2/5/03

4/2/03 As a housekeeping change, the department will amend the name of "health care financing administration" to "CMS."
Washington Industrial Safety and Health Act (WISHA)
Chapter 296-24 WAC, General safety and health standards Machine guarding Steve Vik

Policy and Quality Coordination

(360) 902-5516

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

2/21/01 6/03 To be determined To revise and adopt requirements relating to machine guarding, while rewriting the standard in the clear rule-writing format.
Chapter 296-24 WAC, General safety and health standards Portable power tools Jim Hughes

Policy and Quality Coordination

(360) 902-4504

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

7/17/02 12/4/02 4/4/03 To revise and adopt requirements relating to portable power tools, while rewriting the standard in the clear rule-writing format.
Chapter 296-52 WAC, Possession and handling explosives Explosives Sally Elliott

Policy and Quality Coordination

(360) 902-5484

11/19/02

Expedited

rule making

CR-105

3/5/03 To revise the explosives rule based upon chapter 370, Laws of 2002, 2SSB 6080.
Chapter 296-62 WAC, General occupational health standards Bloodborne pathogens Christine Swanson

Policy and Quality Coordination

(360) 902-4568

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

10/2/02 12/18/02 4/3/03 To revise and adopt requirements relating to bloodborne pathogens, while rewriting the standard in the clear rule-writing format.
Chapter 296-62 WAC, General occupational health standards Confined space Carol Stevenson

Policy and Quality Coordination

(360) 902-4778

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

6/19/02 6/17/03 9/3/03 To revise and adopt requirements relating to confined space, while re-writing the standard in the clear rule-writing format.
Chapter 296-62 WAC, General occupational health standards Hazardous waste Jim Hughes

Policy and Quality Coordination

(360) 902-4504

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

4/26/00 3/19/03 7/03 To review for possible updates to Part P for requirements relating to hazardous waste operations and environmental controls, while rewriting the standard in the clear rule-writing format.
Chapter 296-62 WAC, General occupational health standards Identifying and controlling respiratory hazards Kim Rhoads

Policy and Quality Coordination

(360) 902-5008

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

5/22/02 3/18/03 6/03 To revise and adopt requirements relating to identifying and controlling respiratory hazards, while rewriting the standard in the clear rule-writing format.
Chapter 296-62 WAC, General occupational health standards Noise Cindy Ireland

Policy and Quality Coordination

(360) 902-5522

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

6/19/02 12/4/02 4/4/03 To revise and adopt requirements relating to hearing conservation, while rewriting the standard in the clear rule-writing format.
Chapter 296-62 WAC, General occupational health standards Respirators Kim Rhoads

Policy and Quality Coordination

(360) 902-5008

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

5/22/02 3/18/03 6/03 To revise and adopt requirements relating to respiratory protection, while rewriting the standard in the clear rule-writing format.
Chapter 296-78 WAC, Safety standards for sawmills and woodworking operations Sawmills Jim Hughes

Policy and Quality Coordination

(360) 902-4504

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

11/19/02

Expedited

rule making

CR-105

3/4/03 To revise and adopt requirements that are at-least-as-effective-as the federal equivalent.
Chapter 296-155 WAC, Safety standards for construction work Signs, signals, and barricades Kim Rhoads

Policy and Quality Coordination

(360) 902-5008

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

11/19/02

Expedited

rule making

CR-105

3/4/03 To revise and adopt requirements that are at-least-as-effective-as the federal equivalent.
Chapter 296-304 WAC, Ship repairing and shipbreaking Ship repairing and shipbreaking Christine Swanson

Policy and Quality Coordination

(360) 902-4568

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

10/22/02

Expedited

rule making

CR-105

1/21/03 To revise and adopt requirements that are at-least-as-effective-as the federal equivalent.
Chapter 296-307 WAC, Safety standards for agriculture Agriculture and anhydrous ammonia Christine Swanson

Policy and Quality Coordination

(360) 902-4568

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

1/21/03

Expedited

rule making

CR-105

4/1/03 To incorporate dip tanks, manufacturers, importers, and distributors, emergency washing, and bloodborne pathogens into the agriculture standard. Changes will also be made to anhydrous ammonia in order to make the state standard at-least-as-effective-as the federal equivalent.
Chapter 296-307 WAC, Safety standards for agriculture Cholinesterase monitoring Cindy Ireland

Policy and Quality Coordination

(360) 902-5522

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

3/6/02 To be determined To be determined The Washington State Supreme Court ruling, Rios v. Dept of Labor and Industries, ordered the department to initiate rule making on a mandatory cholinesterase program for agricultural pesticide handlers.
DIVISION: Specialty Compliance Services
Chapter 296-130 WAC Family care Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-6411

5/22/02 10/22/02 1/3/03 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 243, Laws of 2002 (SSB 6426); and

Make clarifying and house-keeping changes.

Chapter 296-128 WAC Minimum wages Rich Ervin

(360) 902-5310


Josh Swanson

(360) 902-6411

12/5/01 11/20/02 1/10/03 Rules are necessary to clarify the requirements for salary basis pay as a result of a Washington State Supreme Court decision (Drinkwitz v. Alliant Techsystems, Inc., 140 Wn. 2d 291 (2000)).
Chapters 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, and 296-150V WAC Commercial coaches, factory-built housing and commercial structures, manufactured homes, recreational park trailers, recreational vehicles, and conversion vendor units and medical units Pete Schmidt

(360) 902-5571

Josh Swanson

(360) 902-6411

1/15/01 1/21/03 2/26/03 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 268, Laws of 2002 (SSB 6364);

Permanently adopt the emergency rules that went into effect on June 28, 2002 (see WSR 02-14-073);

Adopt the most recent versions of several consensus codes; and

Make clarifying and house-keeping changes.

Chapter 296-96 WAC Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances Josh Swanson

(360) 902-6411

1/2/02 2/1/03 3/12/02 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 98, Laws of 2002 (SSB 2629);

Make substantive changes to the elevator rules that were adopted on 12/22/00 (see WSR 01-02-026); and

Make clarifying and house-keeping changes.

Chapter 296-200A WAC Contractor certificate of registration renewals -- Security -- Insurance Pete Schmidt

(360) 902-5571

Josh Swanson

(360) 902-6411

6/20/01 1/21/03 2/26/03 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 159, Laws of 2001 (SSB 5101);

Review the rules for possible substantive changes; and

Make clarifying and house-keeping changes.

Chapters 296-13, 296-46A, 296-401B, and 296-402A WAC

Practice and procedure -- Electrical board; safety standards -- Installing electric wires and equipment -- Administrative rules; certification of competency for journeyman electricians; and electrical evaluation/certification laboratory accreditation Ron Fuller

(360) 902-5249

Josh Swanson

(360) 902-6411

7/24/02 1/21/03 2/26/03 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 249, Laws of 2002 (ESB 6630);

Adopt the latest edition of the National Electrical Code; and

Make clarifying and house-keeping changes.

Chapter 296-104 WAC Board of boiler rules -- Substantive Robert Marvin

(360) 902-5270

Josh Swanson

(360) 902-6411

4/15/03 8/5/03 10/1/03 The Board of Boiler Rules will review these rules for possible changes.
Chapter 296-125 WAC Nonagricultural employment of minors Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-6411

9/19/01 To be determined To be determined Rules are being reviewed for possible changes to ensure conformity with federal laws pertaining to employment of minors where those laws are more restrictive.
Chapter 296-400A WAC Certification of competency for journeyman plumbers Pete Schmidt

(360) 902-5571

Josh Swanson

(360) 902-6411

4/17/02 To be determined To be determined The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 82, Laws of 2001 (ESHB 2470);

Review the rules for possible substantive changes; and

Make clarifying and house-keeping changes.

Chapter 296-127 WAC Prevailing wage Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-6411

7/19/00 To be determined To be determined The purpose of this rule making is to repeal and/or revise WAC 296-127-018 Coverage and exemptions of workers involved in the production and delivery of gravel, concrete, asphalt, or similar materials.
Chapter 296-127 WAC Prevailing wage Rich Ervin

(360) 902-5310

7/19/00 7/31/03 10/31/03 The purpose of this rule making is to make substantive changes to the scope of work description rules that were adopted July 19, 2000 (WSR 00-15-077) with the assistance of an advisory committee. Clear rule-writing principles will be applied to these rules.
Chapters 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, 296-150V, 296-96, 296-200A, 296-46A, 296-401B, 296-104, and 296-400A WAC Washington administrative codes for factory assembled structures; Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances; Contractor certificate of registration renewals -- Security -- Insurance; Safety standards -- Installing electric wires and equipment -- Administrative rules; Journeyman electricians -- Certification of competency; Board of boiler rules -- Substantive; and Certification of competency for journeyman plumbers Josh Swanson

(360) 902-6411

1/15/03 4/1/03 5/30/03 These rules will be reviewed for possible fee adjustments.

Please contact Carmen Moore at (360) 902-4206 or e-mail moog235@lni.wa.gov, if you have any questions.

Carmen Moore, Esq.

Rules Coordinator

Legislature Code Reviser 

Register

Washington State Code Reviser's Office