WSR 07-02-040

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed December 26, 2006, 3:35 p.m. ]

In accordance with RCW 34.05.314 the following is the department of labor and industries' semi-annual rules development agenda for December 31, 2006 - July 1, 2007.

Please contact Josh Swanson at (360) 902-6805 or e-mail swaj235@lni.wa.gov, if you have any questions.

Semi-annual Rules Development Agenda

(January 1, 2007, to June 30, 2007)



WAC

CHAPTER

TITLE AGENCY

CONTACT

PROPOSED

TIMELINE

DESCRIPTION

OF CHANGES

CR-101 CR-102 CR-103
DIVISION: SPECIALTY COMPLIANCE SERVICES
Chapter 296-05 WAC Apprenticeship rules Sally Elliott

(360) 902-6411

1/23/07 5/22/07 7/31/07 The purpose of this rule making is to review the apprenticeship rules for clarifying and technical changes.
Chapter 296-96 WAC Elevators Sally Elliott

(360) 902-6411

11/23/04 2/20/07 4/17/07 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 rules need substantive, housekeeping, and clarifying changes.
Chapter 296-104 WAC Board of boiler rules Sally Elliott

(360) 902-6411

1/23/07 3/20/07 5/22/07 This [The] purpose of this rule making is to review the board of boiler rules for clarifying and technical changes. The department will also review the fees for possible changes.
Chapter 296-125 WAC Nonagricultural employment of minors* Suchi Sharma

(360) 902-6744

9/20/05 3/6/07 5/22/07 The purpose of this rule making is to integrate administrative policies into rule.
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* Suchi Sharma

(360) 902-6744

9/20/05 3/6/07 5/22/07 The purpose of this rule making is to integrate administrative policies into rule.
Chapter 296-126 WAC Payment intervals Suchi Sharma

(360) 902-6744

1/17/06 8/22/06 1/23/07 This rule making will incorporate the administrative policies regarding payment intervals into rule and clarify whether the regulation applies to all employees or only to employees paid on a monthly basis.
Chapter 296-127 WAC Electronic technician Sally Elliott

(360) 902-6411

5/2/06 2/20/07 5/1/07 This rule making will amend the scope of work definition for electronic technicians. The department will work with stakeholders throughout the rule-making process.
DIVISION: SPECIALTY COMPLIANCE SERVICES
Chapter 296-127 WAC Prevailing wage Sally Elliott

(360) 902-6411

7/5/06 To be determined To be determined The purpose of this rule making is to write scope of work descriptions for job classifications that currently have a wage rate and no scope of work.
Chapter 296-128 WAC Minimum wage* Suchi Sharma

(360) 902-6744

9/20/05 3/6/07 5/22/07 The purpose of this rule making is to integrate administrative policies into rule.
Chapter 296-131 WAC Agricultural employment standards* Suchi Sharma

(360) 902-6744

9/20/05 3/6/07 5/22/07 The purpose of this rule making is to integrate administrative policies into rule.
Chapter 296-134 WAC Parental (family) leave Suchi Sharma

(360) 902-6744

NA Expedited

1/23/07

4/3/07 The purpose of this rule making is to repeal most of the language in chapter 296-134 WAC that is no longer applicable.
Chapter 296-400A WAC Contractor certificate of registration Sally Elliott

(360) 902-6411

1/23/07 3/20/07 5/22/07 The purpose of this rule making is to review the contractor certificate of registration rules for clarifying and technical changes.
Chapters 296-96, 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, 296-150V, 296-200A, and 296-400A WAC Annual fee increase for specialty compliance services programs Sally Elliott

(360) 902-6411

1/23/07 3/20/07 5/22/07 The purpose of this rule making is to review the fees for possible changes.
To be determined Wage payment requirements (administrative remedies) Suchi Sharma

(360) 902-6744

6/6/06 6/19/07 9/4/07 This rule making is a result of chapter 89, Laws of 2006 (SHB 3185), which passed the 2006 legislature. New rules for wage payment requirements will be created.
DIVISION: INSURANCE SERVICES (WORKERS' COMPENSATION AND CRIME VICTIMS' COMPENSATION)
WAC 296-20-135 Conversion factors Tom Davis

(360) 902-6687

12/19/06 2/20/07 5/1/07 This rule making will 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

(360) 902-6687

12/19/06 2/20/07 5/1/07 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

(360) 902-6687

12/19/06 2/20/07 5/1/07 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 296-20-010, 296-20-125, 296-23A-0160, 296-23A-0230, 296-31-080 General information, billing procedures, how must hospitals submit charges for ambulance and professional services?, how does the department or self-insurer pay out-of-state hospitals for hospital services?, how do providers bill for services? Bob Mayer

(360) 902-5021

10/17/06 12/19/06 4/3/07 The purpose of this rule making is to correct references, update billing forms, and make other housekeeping changes.
Chapter 296-17 WAC General reporting rules, classifications, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance Bill Moomau/

JoAnne Smith

(360) 902-4774 or (360) 902-4777

3/21/06 11/1/06 1/24/07 The purpose of this rule making is to consider changing rates to temporarily suspend payments made to the medical-aid fund.
Chapter 296-17A WAC Classifications Bill Moomau/

JoAnne Smith

(360) 902-4774 or (360) 902-4777

2/7/07 3/21/07 5/23/07 The purpose of this rule making is to consider making changes to the industrial insurance classifications.
Chapter 296-15 WAC Workers' compensation self-insurance rules and regulations -- Claim administrator certification and continuing education requirements Margaret Conley

(360) 902-6906

6/20/06 6/2007 8/2007 In response to a request from the self-insured community, the department has agreed to evaluate the need for a continuing education model and also look at the current requirements for recertification of department-approved claims administrators. Rule making may be implemented in response to the department's findings.
Chapter 296-15 WAC Workers' compensation self-insurance rules and regulations -- Electronic claim data Margaret Conley

(360) 902-6906

1/2007 4/2008 6/2008 Pursuant to chapter 145, Laws of 2005 (SHB 1310) the department will implement rules to enable self-insured employers to provide claim data electronically via the self-insurance electronic data reporting system (SIEDRS) by July 1, 2008.
Chapter 296-15 WAC Workers' compensation self-insurance rules and regulations -- Experience rating and second injury fund Margaret Conley

(360) 902-6906

1/2007 12/2008 2009 Pursuant to chapter 475, Laws of 2005 (SSB 5992) the department will implement rules to establish an experience rating for self-insurers and use of the second injury fund by July 1, 2009.
Chapter 296-14 WAC Industrial insurance -- Worker employment patterns Valerie Grimm

(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

(360) 902-5005

2/06 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

(360) 902-5005

11/6/04 4/07 9/07 This rule making will define the responsibility of employers, workers, and other parties who have access to workers' compensation claim files for confidentiality and release of claim information.
Chapter 296-14 WAC Industrial insurance -- Definitions Valerie Grimm

(360) 902-5005

5/3/05 3/07

8/07 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 -- Pension discount rates and mortality assumptions

Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

6/20/01 6/07

11/07 This rule making will amend the pension discount rate and update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapter 296-19A WAC Vocational rehabilitation Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

CR-105

Expedited rule making 11/21/06

1/25/07 Based on a court ruling, the department will repeal the rules that establish:

The criteria used to evaluate a vocational provider's performance,

The performance measurements used to make referrals to providers, and

How the department evaluates a vocational rehabilitation consultant's performance when he or she does not have a performance rating or previous experience delivering services to Washington injured workers.

DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
Chapter 296-800 WAC Core rules Kimberly Johnson

(360) 902-5008

To be determined 3/07 7/07 The fire protection rules and requirements relating to stairs are being rewritten for clarity and moved into the safety and health core rules. In addition, some technical corrections will be made to the exit route rules and housekeeping changes will be made throughout the chapter.
Chapters 296-24 and 296-155 WAC Cranes Kimberly Johnson

(360) 902-5008

To be determined 6/07 12/07 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 Rigging Kimberly Johnson

(360) 902-5008

3/07 6/07 12/07 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 29[6]-155 WAC Excavating and trenching Kimberly Johnson

(360) 902-5008

2/21/06 6/07 7/07 The excavating and trenching rules are being rewritten, reorganized, and updated.
Chapter 296-155 WAC Fall protection Kimberly Johnson

(360) 902-5008

4/4/06 To be determined To be determined The fall protection rules are being rewritten and reorganized, and updated.
Chapter 296-62 WAC Lead Kimberly Johnson

(360) 902-5008

To be determined To be determined To be determined The lead rules from general industry and construction are being combined, rewritten and organized for clarity and ease of use.
Chapter 296-307 WAC Temporary housing for workers Kimberly Johnson

(360) 902-5008

To be determined To be determined To be determined We are working with the department of health on updating the rules relating to temporary housing for workers.
Chapters 296-62 and 296-800 WAC Heat related illness prevention Kimberly Johnson

(360) 902-5008

12/19/06 3/20/07 5/5/07 The department is reviewing the rules relating to preventing heat-related illnesses, and working with stakeholders to determine a permanent rule-making solution on heat-related illnesses.
Chapter 296-841 WAC Airborne contaminants Kimberly Johnson

(360) 902-5008

CR-105

Expedited rule making 12/19/06

2/20/07 The Occupational Safety and Health Administration (OSHA) recently adopted rules regulating hexavalent chromium. We are making changes to our permissible exposure limit table to remain as-effective-as OSHA. We are also changing the title of the rule, reformatting it, and clarifying some language.
Chapter 296-842 WAC Respirators Kimberly Johnson

(360) 902-5008

CR-105

Expedited rule making 12/19/06

2/20/07 In August, OSHA revised its existing respiratory protection standard to add definitions and requirements for assigned protection factors (APFs) and maximum use concentrations (MUCs). We are amending our rules to be consistent with OSHA. In addition, we are making housekeeping corrections in these rules.
Washington State Code Reviser's Office