WSR 04-12-045

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 28, 2004, 10:05 a.m. ]

     In accordance with RCW 34.05.230(12), following is a list of policy and interpretive statements issued by the department for March and April 2004.

     If you have any questions or need additional information, please call Carmen Moore at (360) 902-4206.



POLICY AND INTERPRETIVE STATEMENTS


Insurance Services Division


     Temporarily medically unable to participate in private sector vocational services.

     The memorandum clarifies situations where it may be appropriate to close vocational services due to the worker being temporarily medically not able to participate in vocational services.

     In general, a vocational referral should not be closed unless there is documentation that the worker will be medically unstable for at least ninety consecutive days.

     For the purposes of this memorandum, the term "medically unstable" refers to any situation where medical documentation shows that the worker will not be released based on objective medical findings for participation in vocational services, and/or the worker will not be medically released for any kind of work, for at least ninety consecutive days. This may be due to accepted conditions, nonaccepted conditions, or a combination of the two.

     If a vocational rehabilitation counselor (VRC) recommends referral closure, the VRC should document what condition(s) are causing medical instability, and identify (if possible) when the worker may be able to participate again, based on medical documentation. In addition, prior to closing a referral as medically unstable, vocational rehabilitation counselors should report on all information required by WAC. This new policy is effective March 10, 2004.

     Contact Valerie Grimm, Mailstop 4208, phone (360) 902-5005.


WISHA Services Division


     WISHA Regional Directive (WRD) 33.27, "Cholinesterase Depression."

     WISHA Regional Directive (WRD) 33.27, "Cholinesterase Depression," provides guidance to WISHA enforcement and consultation staff regarding follow-up data collection for a reported significant cholinesterase depression under the cholinesterase monitoring rule for agriculture (WAC 296-307-148). This new policy is effective April 19, 2004.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


     WISHA Regional Directive (WRD) 32.15, "Diving Search & Rescue."


     This WISHA regional directive (WRD), "Diving Search & Rescue," which applies to all WISHA enforcement and consultation activities involving the application of chapter 296-37 WAC to the public sector (or to private employers involved in search and rescue, including those acting in support of the public sector), has been amended to update code references. There is no change in policy. This policy was amended April 16, 2004.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


Specialty Compliance Services Division


     Clarify the term "Independent Power Producer" as used in RCW 19.28.091 (2)(c) and WAC 296-46B-925(18).

     This policy clarifies the exemption for independent power producers allowed in RCW 19.28.091 (2)(c). This policy will be effective April 29, 2004.

     Contact Christine Swanson, Mailstop 4400, phone (360) 902-6411.

Carmen Moore

Rules Coordinator

Legislature Code Reviser 

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