WSR 05-14-111

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 1, 2005, 11:26 a.m. ]

Following, in accordance with RCW 34.05.314, is the Department of Labor and Industries' Semi-annual Rules Development Agenda for July 1, 2005 - December 31, 2005.

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, 2005 - December 31, 2005)


WAC CHAPTER TITLE AGENCY

CONTACT

PROPOSED

TIMELINE

DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: WASHINGTON INDUSTRIAL SAFETY & HEALTH DIVISION (WISHA)
Chapter 296-24 WAC, General safety and health standards Anhydrous ammonia Beverly Clark

(360) 902-5516

Kimberly Johnson

(360) 902-5008

1/18/05 9/20/05 1/06 The anhydrous ammonia rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Cranes Cindy Ireland

(360) 902-5008

Kimberly Johnson

(360) 902-5008

7/20/04 10/05 12/05 The crane 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 Elevated platforms Jim Hughes

(360) 902-4504

Kimberly Johnson

(360) 902-5008

To be determined To be determined To be determined The powered platform rules are being rewritten and organized for clarity and ease of use, and split into two separate rules: Elevated platforms and powered platforms.
Chapter 296-24 WAC, General safety and health standards Fire brigades Cindy Ireland

(360) 902-5522

Kimberly Johnson

(360) 902-5008

5/31/05 9/20/05 12/20/05 The fire brigade rules are being rewritten and organized for clarity and ease of use, and split into two separate rules: Fire brigades and fire protection.
Chapter 296-24 WAC, General safety and health standards Fire protection Cindy Ireland

(360) 902-5522

Kimberly Johnson

(360) 902-5008

5/3/05 9/20/05 12/20/05 The fire protection rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Ladders Cindy Ireland

(360) 902-5522

Kimberly Johnson

(360) 902-5008

4/5/05 5/24/05 9/20/05 The ladder rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Motor vehicle Jamie Scibelli

(360) 902-4568

Kimberly Johnson

(360) 902-5008

5/18/04 4/6/05 8/2/05 The motor vehicle rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Protecting employees from falls Beverly Clark

(360) 902-5516

Kimberly Johnson

(360) 902-5008

3/23/04 3/06 6/06 The walking/working surface rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Powered platforms Jim Hughes

(360) 902-4504

Kimberly Johnson

(360) 902-5008

To be determined To be determined To be determined The powered platform rules are being rewritten and organized for clarity and ease of use, and split into two separate rules: Powered platforms and elevated platforms.
Chapter 296-24 WAC, General safety and health standards and chapter 296-155 WAC, Safety standards for construction Rigging Kimberly Johnson

(360) 902-5008

2/17/04 1/06 5/06 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 296-62 WAC, General occupational health standards and chapter 296-65 WAC, Safety standards for asbestos removal and encapsulation Asbestos Kimberly Johnson

(360) 902-5008

2/17/04 To be determined To be determined The asbestos rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Hazardous chemicals in labs Kimberly Johnson

(360) 902-5008

5/24/05 8/23/05 12/20/05 The carcinogens and lab rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Ethylene oxide Beverly Clark

(360) 902-5516

Kimberly Johnson

(360) 902-5008

1/18/05 5/3/05 8/23/05 The ethylene oxide rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Formaldehyde Carol Stevenson

(360) 902-4568

Kimberly Johnson

(360) 902-4778

4/19/05 11/22/05 4/4/06 The formaldehyde rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Lead Jamie Scibelli

(360) 902-4568

Kimberly Johnson

(360) 902-5008

12/21/04 11/01/05 3/06 The lead rules are being rewritten and organized for clarity and ease of use.
Chapter 296-304 WAC, Safety standards for shipbuilding, ship repairing and shipbreaking Shipbuilding Kimberly Johnson

(360) 902-5008

NA CR-105 6/21/05 9/20/05 The shipbuilding rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
Chapter 296-350 WAC, WISHA administrative rules and chapter 296-800 WAC, Safety and health core rules Administrative rules Jim Hughes

(360) 902-4504

Kimberly Johnson

(360) 902-5008

5/3/05 To be determined To be determined The administrative rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
Chapter 296-800 WAC, Safety and health core rules Exit routes Kimberly Johnson

(360) 902-5008

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.
DIVISION: ADMINISTRATIVE SERVICES DIVISION
WAC 296-06-090 Public records officer Joseph Molenda

(360) 902-6462

N/A CR-105 7/20/05 8/24/05 This expedited rule making will name a public records officer, as required by chapter 483, Laws of 2005 (2SHB 1758).
DIVISION: SPECIALTY COMPLIANCE SERVICES DIVISION
Chapter 296-46B WAC Electrical Sally Elliott

(360) 902-6411

6/21/05 12/6/05 2/7/06 The department plans to review the electrical rule for additions or revisions. The department developed an advisory committee to review suggested changes from the electrical industry and will propose rules as a result.
Chapter 296-96 WAC Elevators Sally Elliott

(360) 902-6411

11/23/04 To be determined To be determined As a result of the new licensing requirements for elevator contractor and elevator mechanics, the department is working with stakeholders to identify areas where the rule needs substantive, housekeeping, and clarifying changes.
Chapter 296-104 WAC Board of Boiler Rules Sally Elliott

(360) 902-6411

2/15/05 8/2/05 11/1/05 The purpose of this rule making is to clarify the rule and to make technical changes. The project will also update the rule as a result of section 3, chapter 183, Laws of 1999 (HB 1312), which passed the 2005 legislature.
Chapter 296-125 WAC Nonagricultural employment of minors Sally Elliott

(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 296-126 WAC Standards of labor for the protection of the safety, health and welfare of employees for all occupations subject to chapter 49.12 RCW Sally Elliott

(360) 902-6411

9/30/03 6/21/05 8/23/05 The purpose of this rule making is to clarify when an employer can deduct an employee's wages for final paychecks, on-going employment, or over payments.
Chapter 296-127 WAC Prevailing wage Sally Elliott

(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.
Chapter 296-130 WAC Family care Sally Elliott

(360) 902-6411

6/21/05 8/23/05 10/26/05 As a result of section 2, chapter 243, Laws of 2002 [2005] (SSB 5850), which passed the 2005 legislature; the department is updating the definition of sick leave to be consistent with the statute.
Chapter 296-150M WAC Manufactured homes Sally Elliott

(360) 902-6411

6/21/05 9/6/05 11/22/05 As a result of chapter 79, Laws of 2004 (SHB 1393), which passed the 2005 legislature; the department is working with stakeholders to develop language to be consistent with the statute.
DIVISION: INSURANCE SERVICES DIVISION
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--Transitional/light duty job Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

10/05 To be determined To be determined 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 Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

11/6/04 8/05 12/05 This rule making will define 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 Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

5/3/05 To be determined To be determined This rule making will define terms used in chapter 296-14 WAC and move definitions currently in chapter 296-20 WAC to chapter 296-14 WAC. The rule making will amend the definition of temporary partial disability. This rule making will impact crime victims' compensation.
Chapter 296-14 WAC Industrial insurance--Residence modification Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

5/3/05 10/18/05 2/27/06 This rule making will implement the provisions of chapter 411, Laws of 2005 (EHB 2185), by establishing guidelines and processes for providing residence modification benefits to workers who have sustained catastrophic injury.
Chapter 296-16 WAC Industrial insurance--

Employer--Worker reemployment incentives

Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

N/A 5/17/05

CR-105

Expedited rule making

8/9/05 The proposed rules were developed based on comments received during the public hearings for rules previously promulgated and codified, WSR 05-01-105. These rules will:
Define the employer of record,
Clarify who the employer of record is in occupational disease claims, and
Clarify how the department will handle certification for preferred workers with multiple claims.
Chapter 296-19A WAC Vocational rehabilitation Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

9/20/05 To be determined To be determined This rule making may include amendments pertaining to forensic services and other issues as appropriate.
Chapter 296-17 WAC Retrospective rating program rules Frank Romero

Retrospective Rating

(360) 902-4835

10/2005 4/06 8/06 L&I may engage in rule making to clarify existing retro rules such as reenrollment of businesses grandfathered in a specific group, enrollment requirement of all like businesses, change in due dates, and revision of applications and agreement forms.
Chapter 296-17 WAC 2006 Worker's compensation premium rates Tammy Turner

Employer Services

(360) 902-4777

6/21/05 9/20/05 11/22/05 This rule making will adjust will adjust L&I's worker's compensation premium rates to reflect appropriate risk costs.
Chapter 296-17 WAC Classification descriptions Bill Moomau

Employer Services

(360) 902-4774

7/19/05 9/05 12/05 This rule making will make risk classification description updates to reflect current industry operations.
Chapter 296-17 WAC Disaster recovery risk classification Tammy Turner

(360) 902-4777

Bill Moomau

(360) 902-4774

Employer Services

7/19/05 9/05 12/05 As a result of chapter 422, Laws of 2005 (HB 6014), a risk classification will be created to identify employees working with disaster recovery in the first forty-eight hours of a disaster.
WAC 296-20-1103 Travel expense Bob Mayer

Health Services Analysis

(360)902-5021

10/05 TBD TBD This rule making will change the current rule where: Upon prior authorization for treatment a worker must travel more than ten miles one-way from the worker's home to the nearest point of adequate treatment to be reimbursed for travel to upon prior authorization for treatment a worker must travel more than twenty-five miles one-way from the worker's home to the nearest point of adequate treatment to be reimbursed for travel.
Chapter 296-20 WAC Medical aid rules -- Proper and necessary Jami Lifka

Office of the Medical Director

(360) 902-4941

9/21/05 11/23/05 1/24/06 Pursuant to chapter 276, Laws of 2003 (ESHB 1299), the department will coordinate with other state agencies to amend the definition of "proper and necessary" and where possible, make it consistent with other agencies' definitions of "medical necessity."
Chapter 296-20 WAC Medical aid rules -- Clinical quality improvement committee Jami Lifka

Office of the Medical Director

(360) 902-4941

9/21/05 11/23/05 1/24/06 This rule making will establish a clinical quality improvement committee. This committee shall advise the department on matters related to the provision of safe and effective treatment for injured workers, including but not limited to the development of practice guidelines, conduct of peer review, review of coverage decisions and technology assessments, review of medical programs, and review of rules pertaining to health care issues.
Chapter 296-20 WAC Medical aid rules -- Attendant services Jami Lifka

Office of the Medical Director

(360) 902-4941

N/A 8/24/05

CR-105

Expedited rule making

12/15/05 This expedited rule making will make housekeeping changes, primarily references to WAC numbers.
WAC 296-30-090 What are the maximum allowable fees? (Reimbursement for provider services for victims of crime) Janice Deal

Crime Victims' Compensation Program

(360) 902-5369

N/A 5/31/05

CR-105

Expedited rule making

7/19/05 The purpose of this rule making is to clarify that L&I will establish the reimbursement rates for the crime victims' compensation program.
WAC 296-20-1102 Medical aid rules John Elshaw

Health Services Analysis

(360) 902-5131

7/19/05 9/6/05 11/22/05 This rule making will update this chapter to reflect oxygen equipment may be rented as an exception to rental fees will not be paid, "once the new purchase price of the item has been reached." This change allows for individuals who are on lifetime oxygen therapy to receive the necessary equipment, accessories, and maintenance at one monthly rental rate in accordance with the industry norms.
WAC 296-20-124 Rejected and closed claims Joanne McDaniel

Health Services Analysis

(360) 902-6817

8/2/05 9/20/05 12/13/05 This rule making will modify the rules governing payment to health care providers when claims are rejected. The intent is to reduce recoupment of money from physicians when they treat workers for an allowed claim that later is disallowed due to additional information.
Chapter 296-23A WAC Hospital payment policy Dee Hahn

Health Services Analysis

(360) 902-6828

10/05 To be determined To be determined L&I pays hospital inpatient and outpatient claims by grouping hospitals into "peer groups," which are defined in the Department of Health's (DOH) Washington Administrative Codes. Effective July 1, 2005, DOH will no longer use peer groups. This rule making will amend L&I's rules which refer to these peer groups.
WAC 296-20-135 Dental conversion factors Dee Hahn

Health Services Analysis

(360) 902-6828

To be determined To be determined To be determined This rule making will establish a fee schedule for dental claims.

Carmen Moore

Rules Coordinator

Washington State Code Reviser's Office