AGENDA
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
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
(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. |
Carmen Moore, Esq.
Rules Coordinator