AGENDA
LABOR AND INDUSTRIES
Please contact Carmen Moore at (360) 902-4206 or e-mail moog235@lni.wa.gov, if you have any questions.
Semi-annual Rules Development Agenda
(July 1, 2004 - December 31, 2004)
| WAC CHAPTER | TITLE | AGENCY CONTACT |
PROPOSED TIMELINE |
DESCRIPTION OF CHANGES | ||
| CR-101 | CR-102 | CR-103 | ||||
| DIVISION: WASHINGTON INDUSTRIAL SAFETY & HEALTH (WISHA) | ||||||
| Chapter 296-24 WAC, General safety and health standards | Cranes | Kimberly Johnson (360) 902-5008 Sally Elliott (360) 902-5484 |
7/20/04 | 11/16/04 | 3/05 | These rules are being rewritten and organized for clarity and ease of use. These rules will also be updated to reflect current American National Standards Institute (ANSI) requirements. The project will include bridge style, mobile, tower/portal, personnel lifting, hoists, and derricks. |
| Chapter 296-24 WAC, General safety and health standards | Motor vehicles | Jamie Scibelli (360) 902-4568 Sally Elliott (360) 902-5484 |
5/18/04 | 12/29/04 | 5/05 | The motor vehicle rules are being rewritten and organized for clarity and ease of use. |
| Chapter 296-24 WAC, General safety and health standards | Powered industrial trucks | Jim Hughes (360) 902-4504 Sally Elliott (360) 902-5484 |
5/6/03 | 3/30/04 | 8/17/04 | The powered industrial trucks rules are being rewritten and organized for clarity and ease of use. |
| Chapter 296-24 WAC, General safety and health standards; and chapter 296-155 WAC, Safety standards for construction | Rigging | Kimberly Johnson (360) 902-5008 Sally Elliott (360) 902-5484 |
2/17/04 | 1/05 | 3/05 | The rigging rules are being rewritten and organized for clarity and ease of use. Requirements from both general industry and construction are being combined into one rule and updated to the current American National Standards Institute (ANSI). |
| Chapter 296-24 WAC, General safety and health standards ; and chapter 296-155 WAC, Safety standards for construction | Scaffolds | Carol Stevenson (360) 902-4778 Sally Elliott (360) 902-5484 |
1/21/03 | 6/29/04 | 10/19/04 | The scaffold rules are being rewritten and organized for clarity and ease of use. The scaffold requirements from both general industry and construction are being combined into one rule. |
| Chapter 296-24 WAC, General safety and health standards | Signs and color codes | Jamie Scibelli (360) 902-4568 Sally Elliott (360) 902-5484 |
NA | 6/1/04 Expedited rule filing |
8/31/04 | The signs and color code rules are being rewritten and organized for clarity and ease of use. |
| Chapter 296-24 WAC, General safety and health standards | Split rims | Beverly Clark (360) 902-5516 Sally Elliott (360) 902-5484 |
3/23/04 | 6/1/04 | 10/5/04 | The split rim rules are being rewritten and organized for clarity and ease of use. |
| Chapter 296-24 WAC, General safety and health standards | Walking/working surfaces | Beverly Clark (360) 902-5516 Sally Elliott (360) 902-5484 |
3/23/04 | 8/20/04 | 12/6/04 | The walking/working surface rules are being rewritten and organized for clarity and ease of use. |
| Chapter 296-37 WAC, Safety standards for diving operations | Diving operations | Sally Elliott (360) 902-5484 |
NA | 5/18/04 Expedited rule filing |
8/31/04 | On February 17, 2004 in Federal Register Volume 69, Number 31, OSHA made several changes to their Commercial Diving Operation rules. The agency is updating our rules to be at-least-as-effective-as OSHA. |
| Chapter 296-45 WAC, Safety standards for electrical | Electrical | Cindy Ireland (360) 902-5522 Sally Elliott (360) 902-5484 |
To be determined | To be determined | To be determined | The electrical rules are being updated in order to make the rules at-least-as-effective-as the Federal rule. |
| Chapter 296-62 WAC, General occupational health standards; and chapter 296-65 WAC, Safety standards for asbestos removal and encapsulation | Asbestos | Kimberly Johnson (360) 902-5008 Sally Elliott (360) 902-5484 |
2/17/04 | 11/3/04 | 2/05 | The asbestos rules are being rewritten and organized for clarity and ease of use. |
| Chapter 296-62 WAC, General occupational health standards | Benzene | Jamie Scibelli (360) 902-4568 Sally Elliott (360) 902-5484 |
3/23/04 | 8/18/04 | 12/1/04 | The benzene rules are being rewritten and organized for clarity and ease of use. |
| Chapter 296-62 WAC, General occupational health standards | Inorganic arsenic | Jamie Scibelli (360) 902-4568 Sally Elliott (360) 902-5484 |
1/20/04 | 7/6/04 | 11/17/04 | The inorganic arsenic rules are being rewritten and organized for clarity and ease of use. |
| Chapter 296-155 WAC, Safety standards for construction work | Ground personnel | Jamie Scibelli (360) 902-4568 Sally Elliott (360) 902-5484 |
1/6/04 | 3/23/04 | 8/31/04 | The ground personnel rules are being reviewed in order to increase worker protection from vehicular traffic on construction sites. In addition, the department intends to update references to the Washington State Department of Transportation's Manual of Uniform Traffic Control Devices as well as other technical changes. |
| Chapter 296-307 WAC, Safety standards for agriculture | Agriculture | Cindy Ireland (360) 902-5522 Sally Elliott (360) 902-5484 |
4/20/04 | 7/20/04 | 11/30/04 | The purpose of this rule making is to add new sections from the General occupational health standard, chapter 296-62 WAC, into the Safety standards for agriculture, chapter 296-307 WAC. Once these rules are in chapter 296-307 WAC they will be repealed from chapter 296-62 WAC. |
| Chapter 296-800 WAC, Safety and health core rules | Exit routes | Kimberly Johnson (360) 902-5008 Sally Elliott (360) 902-5484 |
11/4/03 | To be determined | To be determined | The exit route rules are being updated in order to make the rules at least as effective as the federal rule. |
| Chapter 296-841 WAC, Respiratory hazards | Respiratory hazards | Cindy Ireland (360) 902-5522 Sally Elliott (360) 902-5484 |
NA | 5/18/04 Expedited rule filing |
8/31/04 | The primary reason for this rule making is to correct errors located in the permissible exposure limit table. We made additional changes to clarify the language and also fixed some formatting errors. |
| DIVISION: SPECIALITY COMPLIANCE SERVICES | ||||||
| Chapter 296-127 WAC | Prevailing wage | Christine Swanson (360) 902-6411 |
3/21/04 | 6/1/04 | 8/3/04 | The purpose of this rule making is to review WAC 296-127-01377 to clarify which prevailing wage rate applies to the application for asphalt paving subsequent to cable installation. |
| Chapter 296-96 WAC | Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances | Christine Swanson (360) 902-6411 |
4/17/02 | 5/18/04 | 7/20/04 | The purpose of this rule making is to clarify the rule language relating to hall buttons and adding a section for requirements that apply to hydraulic elevators without safety bulkheads. |
| Chapter 296-46B WAC | Electrical safety standards, administration, and installation | Christine Swanson (360) 902-6411 |
7/6/04 | 8/18/04 | 10/20/04 | The purpose of this rule making is to review the process for service calls and pulling an electrical permit. |
| Chapter 296-400A WAC | Plumber certification rules | Christine Swanson (360) 902-6411 |
7/6/04 | 2/05 | 5/05 | The purpose of this rule making is to review the rules relating to medical gas piping. |
| WAC 296-126-025 | Deductions | Christine Swanson (360) 902-6411 |
9/30/03 | To be determined | To be determined | The purpose of this rule making is to review the rules relating to payroll deductions in WAC 296-126-025 for possible changes. |
| Chapter 296-104 WAC | Board of Boiler Rules -- Substantive | Christine Swanson (360) 902-6411 |
4/6/04 | 8/17/04 | 10/19/04 | The purpose of this rule making is to make clarification and technical changes to the Board of Boiler Rules - based on actions and requests of the Board of Boiler Rules. |
| Chapters 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, and 296-150V WAC | Washington Administrative Codes for factory assembled structures | Christine Swanson (360) 902-6411 |
6/22/04 | 8/3/04 | 10/5/05 | 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 296-125 WAC | Nonagricultural employment of minors | Christine Swanson (360) 902-6411 |
9/19/01 | To be determined | To be determined | 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 | Christine Swanson (360) 902-6411 |
7/19/00 | To be determined | To be determined | 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. |
| DIVISION: INSURANCE SERVICES (WORKERS' COMPENSATION & CRIME VICTIMS COMPENSATION) | ||||||
| Chapter 296-14 WAC | Industrial insurance -- Mortality assumptions | Valerie Grimm Policy and Quality Coordination (360) 902-5005 |
6/20/01 | To be determined | To be determined | This rule making will provide updates to mortality assumptions used to determine pension reserves and actuarial benefit reductions. |
| Chapter 296-14 WAC | Industrial insurance -- Worker employment patterns | Valerie Grimm Policy and Quality Coordination (360) 902-5005 |
8/21/02 | To be determined | To be determined | 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. This rule will impact crime victims compensation. |
| Chapter 296-14 WAC | Industrial insurance -- Worker fraud (willful misrepresentation) | Valerie Grimm Policy and Quality Coordination (360) 902-5005 |
4/30/04 | 7/6/04 | 9/28/04 | This rule making will assist in implementing chapter 243, Laws of 2004 (ESHB 3188) by defining terms and clarifying when and how the department will impute wages and calculate overpayments and penalties when it is determined that a workers' compensation claimant has engaged in willful misrepresentation. |
| Chapter 296-16 WAC | Industrial insurance -- Preferred worker | Audrey Pitchford Policy and Quality Coordination (360) 902-4583 |
7/20/04 | 9/21/04 | 12/15/05 | To assist in the implementation of SSB 6615, this rule making will amend existing rule and create new rules governing the preferred worker program. |
| Chapter 296-14 WAC | Industrial insurance -- Transitional/light duty job | Valerie Grimm Policy and Quality Coordination (360) 902-5005 |
8/04 | 2/05 | 8/05 | 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 296-14 WAC | Industrial insurance -- Confidentiality of worker's compensation claim files | Audrey Pitchford Policy and Quality Coordination (360) 902-4583 |
8/04 | 2/05 | 8/05 | Defines the responsibility of employers, workers, and other parties who have access to worker's compensation claim files for confidentiality and release of claim information. |
| Chapter 296-14 WAC | Industrial insurance -- Definitions | Audrey Pitchford Policy and Quality Coordination (360) 902-4583 |
9/04 | 3/05 | 9/05 | 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. This rule will impact crime victims' compensation. |
| WAC 296-30-081 and 296-31-070 | What are the general obligations of a provider who provides medical or mental health services? | Janice Deal Crime Victims' Compensation Program (360) 902-5369 |
2/4/04 | 3/17/04 | 7/2/04 | WAC 296-30-081
(1)(a) instructs all
medical providers
comply with
chapter 296-30 WAC and the
department's rules
and fees. WAC 296-30-081 (1)(b) instructs mental health providers that they must comply with chapter 296-30 WAC and the crime victims' compensation programs mental health rules and fees. The purpose of the proposed rule is to require all providers to comply with this chapter, the department's rules and fees, and for the mental health providers the crime victims' mental health rules and fees. |
| Chapter 296-30 WAC | What are the maximum allowable fees? (For reimbursement for provider services for victims of crime) | Janice Deal Crime Victims Compensation Program (360) 902-5369 |
To be determined | To be determined | To be determined | RCW 7.68.015
instructs the
department to
operate the crime
victims'
compensation
program within the
appropriations and
conditions on the
appropriations
provided for this
program. RCW 7.68.080 allows the department to set service levels and fees at a level no lower than those established by the department of social and health services under Title 74 RCW. Due to an increase in medical costs the current appropriation is insufficient to fund the existing fee schedule. |
| Chapter 296-17 WAC | Workers compensation premium rates and group insurance rates | Tammy Turner (360) 902-4777 |
6/22/04 | 9/15/04 | 11/23/04 | Adjust the state fund workers' compensation insurance base rate tables to reflect changes in loss experience for calendar year 2005 premium rates. This includes changes to the retrospective rating tables. |
| WAC 296-17-31002, 296-17-31009, 296-17-31013, 296-17-31014, 296-17-31024, 296-17-31025, 296-17-527, 296-17-64999, and 296-17-72202 |
General reporting rules, classifications, audit and record-keeping rates and rating system for workers' compensation insurance -- Home care providers | Tammy Turner (360) 902-4777 |
6/22/04 | 8/24/04 | 10/1/04 | Chapter 278, Laws of 2004 (EHB 1777) passed by the legislature in the 2004 session implemented a collective bargaining agreement between the Home Care Quality Authority and individual home care providers. It provides industrial insurance coverage for tens of thousands of home care providers not previously covered by the industrial insurance system. These rules will assist in the implementation by adding a new home care services/home care quality authority subclassification to risk classification 6511, Chore services/home care assistants of the classification rules. The department is also amending the risk classification definition for advertising or merchandise display and for construction superintendent or project. Housekeeping changes will also be made. |
| WAC 296-17-31004 and 296-17-31029 |
General reporting rules, classifications, audit and record-keeping rates and rating system for workers' compensation insurance -- Employer fraud and abuse | Tammy Turner (360) 902-4777 |
4/30/04 | 7/6/04 | 9/28/04 | The proposed rules will assist in the implementation of chapter 243, Laws of 2004 (ESHB 3188) by defining the terms successorship and "in good standing and provide a clearer explanation of prime contractor responsibility. Also at the request of our customers, the department proposes to add four new risk classification subcodes in the construction industry to track firms that do not have employees but want the L&I "in good standing" certification. |
| Chapter 296-17 WAC | General
reporting rules,
classifications,
audit and record-keeping, rates and rating system for workers' compensation insurance |
Tammy Turner (360) 902-4777 |
12/1/04 | 1/15/05 | 3/1/05 | This rule making will amend and clarify the classification descriptions for ease of maintaining the classification plan. |
| 1) Chapter 296-14 WAC 2) Chapter 296-20 WAC 3) Chapter 296-23 WAC |
1) Industrial
insurance rules 2) Medical aid rules 3) Specialty providers |
Jamie Lifka (360) 902-4941 lifk235@lni.wa.gov |
6/22/04 | 8/18/04 | 10/12/04 | This rule making
combines
expansion of the
role of advanced
registered nurse
practitioners to
that of the
attending physician
and the ability of
physicians'
assistants to sign a
report of accident
or physician's
initial report for
simple industrial
injuries. "Simple
industrial injuries"
will be defined.
This rule will
impact both crime
victims'
compensation and
workers'
compensation. An emergency rule on this subject was adopted in June of 2004, effective July 1, 2004. |
Carmen Moore
Rules Coordinator