WSR 03-15-009

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 3, 2003, 2:34 p.m. ]

     Following, in accordance with RCW 34.05.314, is the Department of Labor and Industries' Semi-annual Rules Development Agenda for July 1, 2003 - December 31, 2003.

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


The Department of Labor and Industries

Semi-annual Rules Development Agenda

(July 1, 2003 - December 31, 2003)



WAC

CHAPTER

 TITLE AGENCY

CONTACT

 PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: INSURANCE SERVICES
WAC 296-30-200 Definitions Janice Deal

Crime Victims Compensation

(360) 902-5369

 6/4/03 To be determined To be determined Prior to 1986 if a worker (victim of crime) died from an unrelated condition while on permanent total disability their award went to their dependents. In 1986 RCW 51.32.067 took effect. This statute has the worker (victim) choose an option before being placed on permanent total disability. The worker (victim) may choose the full monthly calculation, which if the worker (victim) died from an unrelated condition, the award would cease or the worker (victim) may choose an actuarially reduced monthly award which would provide for their dependents should they die from an unrelated condition.
RCW 51.32.067 establishes three options for permanent total disability awards based on actuarial lifetime calculations. RCW 7.68.070(13) establishes a maximum award of $40,000 for permanent total disability which is calculated based on statute, not actuarial tables. The two statutes conflict. For this reason the crime victims compensation program has administered their permanent total disability under RCW 7.68.070(13), not RCW 51.32.067. The purpose of this rule making is to clarify how CVC implements RCW 7.68.070(13).
WAC 296-30-010 Definitions

 Janice Deal

Crime Victims Compensation

(360) 902-5369

 6/4/03 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.
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

 1/8/03 7/1/03 9/30/03 Temporary staffing industry, amend rules applicable to the temporary help staffing industry for changes to the general reporting rules and classification definitions for greater clarity and ease of understanding.
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

 2/19/03 8/12/03 11/11/03 Amend general reporting rules and classification definitions for multiple industries as contained in the classification plan. Includes codifying reciprocal agreements and extraterritorial coverages into rule form, ownership coverage, rule changes for greater clarity, and housekeeping changes.
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

 6/17/03 9/16/03 11/18/03 '2004' rates filing, for calendar year 2004, adjust the state fund insurance base rate table for loss experience, update retro rating tables for premium adjustments, and amend/develop rules as needed to address acts of terrorism and catastrophic losses resulting from acts of terrorism.
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




 8/03






 1/04

 7/04 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 Frank Romero

Retrospective Rating

(360) 902-4835

 6/03 9/03 11/03 Retrospective rating program rules, add a new rule to cover acts of terrorism; update retro group size table to reflect 2004 rate change and amend retro plans to reflect a January 1, 2004, effective date.


These changes will be included in the 2004 rates filing.
Chapter 296-15 WAC Workers' compensation self-insurance rules and regulations George Picket

Self Insurance

(360) 902-6907

 7/19/02 9/1/03 11/1/03 Modifications in the following areas: Certification requirements, including both financial requirements and claims administration structure requirements, vocational reporting requirements, including ninety day employability assessment report and rehabilitation outcome reporting, reporting requirements when initiating and terminating time loss, submissions of protests, appeals and reopening requests to the department, time frames for payment of penalties, and jurisdiction for claim closure.
Chapter 296-20 WAC Medical aid rules -- Consultations Jami Lifka

Office of the Medical Director

(360) 902-4941

 9/03 1/04 5/04 The department may amend WAC 296-20-01002 and 296-20-051 to make them consistent with current procedural terminology's (CPT) definitions of consultations.
Chapter 296-20 WAC Medical aid rules -- Proper and necessary Jami Lifka

Office of the Medical Director

(360) 902-4941

 9/03 1/04 5/04 Pursuant to ESHB 1299 of the 2003 Laws, the department will coordinate with other state agencies to amend WAC 296-20-01002 to make the definition of "proper and necessary" consistent, where possible, to the other agencies' definitions of "medical necessity."
Chapters 296-20, 296-21, 296-23, and 296-23A WAC Medical aid rules, reimbursement policies, specialty providers, hospitals Jami Lifka

Office of the Medical Director

(360) 902-4941

 10/03 1/04 4/04 The department may reorganize and renumber these chapters on medical aid rules, reimbursement policies, specialty providers and hospitals so that information is easier to find.
Chapter 296-14 WAC Industrial insurance -- Mortality assumptions Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

 6/20/01 9/03 3/04 This rule making will provide updates to mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapter 296-14 WAC Industrial insurance Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

 8/02 10/03 4/04 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

 11/03 5/04 11/04 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 Industrial insurance Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

 8/03 1/04 7/04 This rule making will provide clarification on:

•     The required elements of a valid transitional/light duty job offered from the employer of record.

•     What is expected of the employer and worker?

•     How to determine a worker's entitlement to time-loss compensation and loss of earning power benefits when a transitional/light duty job is offered.
Chapter 296-19A WAC Vocational rehabilitation Blake Maresh

Health Services Analysis Program Analysis and Development

(360) 902-6564

 Summer/Fall 2003 Fall/Winter 2003-04 Spring/Summer 2004 To make improvements to service delivery in the ability to work assessment (AWA) and plan phases of vocational rehabilitation, performance measurement, and overall emphasis on return to work (RTW) outcomes. Amendments to the qualifications rules may also be made.
WAC 296-19A-045, 296-19A-080, and 296-19A-120 Vocational rehabilitation Mary Kaempfe

Health Services Analysis Program Analysis and Development

(360) 902-6811

 CR-105 Expedited Rule making

Summer 2003

 N/A TBD

9/03

 To make technical amendments to three sections of chapter 296-19A WAC as a result of public comments received on rules adopted May 12, 2003 (WSR 03-11-009). The department plans to use an expedited process so that the rules become effective in February 2004. The changes will clarify that progress reports must be issued every thirty days from the date of the electronic referral and add the term calendar days to the rule.
DIVISION: WASHINGTON INDUSTRIAL SAFETY AND HEALTH (WISHA)
Chapter 296-24 WAC, General safety and health standards Cranes -- Bridge style, mobile, tower/portal and derricks Kimberly Johnson

Policy and Quality Coordination

(360) 902-5008


Sally Elliott

Policy and Quality Coordination

(360) 902-5484

 4/17/02 6/27/03 11/4/03 These rules are being rewritten and organized for clarity and ease of use. The project will include bridge style, mobile, tower/portal, and derricks.
Chapter 296-24 WAC, General safety and health standards Cranes -- Personnel, lifting, hoist and helicopters Kimberly Johnson

Policy and Quality Coordination

(360) 902-5008


Sally Elliott

Policy and Quality Coordination

(360) 902-5484

 8/5/03 12/16/03 3/04 These rules are being rewritten and organized for clarity and ease of use. The project will include personnel lifting, hoist, and helicopters.
Chapter 296-24 WAC, General safety and health standards Lockout/tagout Jim Hughes

Policy and Quality Coordination

(360) 902-4504


Sally Elliott

Policy and Quality Coordination

(360) 902-5484

 5/6/03 11/19/03 3/16/04 The requirements relating to the control of hazardous energy (lockout/tagout) in chapter 296-24 WAC are being rewritten for clarity and ease of use and assigned to a new chapter.
Chapter 296-24 WAC, General safety and health standards Machine safety Cindy Ireland

Policy and Quality Coordination

(360) 902-5522



Sally Elliott

Policy and Quality Coordination

(360) 905-5484

 2/21/01 9/2/03 To be determined The machine safety rules in chapter 296-24 WAC are being rewritten and organized for clarity and ease of use and assigned to a new chapter. The project will include requirements for all machines, saws and cutting heads, conveyors, food processing, mechanical power press, abrasive wheels, forging, and other specific machinery. Some requirements are being updated and revised, therefore the department will complete a small business economic impact statement and cost benefit analysis.
Chapter 296-24 WAC, General safety and health standards Powered industrial trucks Jim Hughes

Policy and Quality Coordination

(360) 902-4504


Sally Elliott

Policy and Quality Coordination

(360) 902-5484

 5/6/03 12/16/03 To be determined The powered industrial truck (forklift) rules in chapter 296-24 WAC are being rewritten for clarity and ease of use and assigned to a new chapter.
Chapter 296-24 WAC, General safety and health standards Scaffolds Carol Stevenson

Policy and Quality Coordination

(360) 902-4778



Sally Elliott

Policy and Quality Coordination

(360) 902-5484

 1/21/03 12/16/03 To be determined The scaffold rules in chapter 296-24 WAC are being rewritten for clarity and ease of use and assigned to a new chapter.
Chapter 296-45 WAC, Safety standards for electrical workers Electrical Sally Elliott

Policy and Quality Coordination

(360) 902-5484

 3/18/03 5/6/03 8/19/03 To eliminate confusion about the location of a standby employee(s) when required, length of a hot stick, describe what constitutes a multi-phase electrical feed, update national consensus standards, and to correct some references.
Chapter 296-62 WAC, General occupational health standards Access to records Sally Elliott

Policy and Quality Coordination

(360) 902-5484

 2/4/03 9/19/03 1/04 The employee's or designated representative's request access to records rules from chapter 296-62 WAC are being rewritten and organized for clarity and ease of use and assigned to a new chapter.
Chapter 296-62 WAC, General occupational health standards Confined spaces Carol Stevenson

Policy and Quality Coordination

(360) 902-4778

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

 6/19/02 8/19/03 12/2/03 The confined space rules from chapter 296-62 WAC are being rewritten for clarity and ease of use and assigned to a new chapter.
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 6/27/03 10/7/03 The hazardous waste rules from chapter 296-62 WAC are being rewritten for clarity and ease of use and assigned to a new chapter.
Chapter 296-62 WAC, General occupational health standards Respiratory hazards Kimberly Johnson

Policy and Quality Coordination

(360) 902-5008



Sally Elliott

Policy and Quality Coordination

(360) 902-5484

 4/1/03 5/20/03 9/16/03 The controlling and identifying respiratory hazards rules from chapter 296-62 WAC are being rewritten for clarity and ease of use and assigned to a new chapter.
Chapter 296-62 WAC, General occupational health standards Respirators Kimberly Johnson

Policy and Quality Coordination

(360) 902-5008


Sally Elliott

Policy and Quality Coordination

(360) 902-5484

 5/22/02 3/28/03 9/16/03 The respirator rules from chapter 296-62 WAC are being rewritten for clarity and ease of use and assigned to a new chapter.
Chapter 296-307 WAC, Safety standards for agriculture

 Cholinesterase monitoring


 Cindy Ireland

Policy and Quality Coordination

(360) 902-5522

 3/6/02 7/9/03 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 monitoring program for agricultural pesticide handlers.
Chapter 296-800 WAC, Safety and health core rules Sanitation Cindy Ireland

Policy and Quality Coordination

(360) 902-5522


Sally Elliott

Policy and Quality Coordination

(360) 905-5484

 6/3/03

Expedited

Rule making

CR-105

 N/A 9/2/03 The sanitation rules from chapter 296-24 WAC are being rewritten for clarity and ease of use and adopted into the safety and health core rules. Additional housekeeping changes will be made.
DIVISION: SPECIALTY COMPLIANCE SERVICES
Chapter 296-46B WAC Electrical safety standards, administration, and installation Ron Fuller

(360) 902-5249


Josh Swanson

(360) 902-6411

 6/17/03

CR-105 Expedited Rule Filing

 N/A 8/19/03 The purpose of this rule making is to make minor technical corrections, including:

•     Correct an inappropriate reference in WAC 296-46B-905 (9)(a);

•     Correct a fee that was inadvertently increased in WAC 296-46B-905(3); and

•     Correct compliance dates in WAC 296-46B-930 and 296-46B-950 to ensure consistency with the compliance schedule established in these rules.
Chapter 296-127 WAC Prevailing wage Rich Ervin

(360) 902-5310


Josh Swanson

(360) 902-6411

 8/19/03

CR-105 Expedited Rule Filing

 N/A 10/21/03 The purpose of this rule making is to make changes to the prevailing wage rules (chapter 296-127 WAC) based on the enactment of chapter 301, Laws of 2003 (an act relating to job order contracting for public works - SSB 1788).
Chapter 296-200A WAC Contractor certificate of registration renewals -- Security -- Insurance Pete Schmidt

(360) 902-5571


Josh Swanson

(360) 902-6411

 6/20/01 7/22/03 8/28/03 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;

•     Review the rules for possible fee increases; and

•     Make clarifying and housekeeping changes.
Chapter 296-400A WAC Plumber certification rules Pete Schmidt

(360) 902-5571


Josh Swanson

(360) 902-6411

 7/22/03 10/21/03 11/26/03 The purpose of this rule making is to:

•     Make changes resulting from the enactment of chapter 399, Laws of 2003 (ESSB 5713);

•     Review the rules for possible substantive changes;

•     Review the rules for possible fee increases; and

•     Make clarifying and housekeeping changes.
Chapter 296-46B WAC Electrical safety standards, administration and installation Ron Fuller

(360) 902-5249


Josh Swanson

(360) 902-6411

 7/22/03 3/2/04 4/20/04 The purpose of this rule making is to:

•     Make changes resulting from the enactment of chapter 399, Laws of 2003 (ESSB 5713);

•     Make changes resulting from the enactment of chapter 242, Laws of 2003 (SSB 5434);

•     Make changes resulting from the enactment of chapter 211, Laws of 2003 (ESB 5210);

•     Make changes resulting from the enactment of chapter 78, Laws of 2003 (SHB 1848);

•     Review the rules for possible substantive changes;

•     Review the rules for possible fee increases; and

•     Make clarifying and housekeeping changes.
Chapters 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, and 296-150V WAC Washington administrative codes for factory assembled structures Pete Schmidt

(360) 902-5571


Josh Swanson

(360) 902-6411

 7/22/03 To be determined To be determined The purpose of this rule making is to:

•     Adopt the most recent international building codes based on 2003 legislative changes (chapter 291, Laws of 2003 - SHB 1734) and other nationally recognized codes and standards;

•     Make clarifying and housekeeping changes; and

•     Review the rules for possible substantive changes.
Chapter 296-104 WAC Board of boiler rules -- Substantive Robert Marvin

(360) 902-5270


Josh Swanson

(360) 902-6411

 6/3/03 8/6/03 10/1/03 The purpose of this rule making is to make clarification and technical changes to the Board of Boiler Rules -- Substantive (chapter 296-104 WAC) based on actions and requests of the Board of Boiler Rules.
Chapter 296-400A WAC Plumber certification rules Pete Schmidt

(360) 902-5571


Josh Swanson

(360) 902-6411

 4/17/02 8/19/03 9/24/03 The purpose of this rule making is to:

•     Make changes resulting from the enactment of chapter 82, Laws of 2002 (ESHB 2470);

•     Review the rules for possible substantive changes; and

•     Make clarifying and housekeeping changes.
Chapter 296-127 WAC Prevailing wage Rich Ervin

(360) 902-5310


Josh Swanson

(360) 902-6411

 7/19/00 8/19/03 9/24/03 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 296-125 WAC Nonagricultural employment of minors Rich Ervin

(360) 902-5310


Josh Swanson

(360) 902-6411

 9/19/01 8/19/03 9/24/03 The purpose of this rule making is to review these rules for possible changes to ensure conformity with federal laws pertaining to employment of minors where those laws are more restrictive.
Chapter 296-127 WAC Prevailing wage 7/19/00 9/16/03 10/15/03 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.
Chapter 296-96 WAC Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances Dotty Stanlaske

(360) 902-6128


Josh Swanson

(360) 902-6411

 1/2/02 12/3/03 1/30/04 The purpose of this rule making is to:

•     Make changes resulting from the enactment of chapter 98, Laws of 2002 (SHB 2629) and chapter 143, Laws of 2003 (ESSB 5942);

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

•     Make clarifying and housekeeping change.
Chapters 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, 296-150V, 296-96, 296-200A, 296-46B, 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; electrical safety standards, administration and installation; board of boiler rules -- Substantive; and plumbers certification rules. Josh Swanson

(360) 902-6411

 5/6/03 To be determined To be determined The purpose of this rule making is to review the fees for possible changes.

Carmen Moore

Rules Coordinator

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