WSR 07-14-097

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed June 29, 2007, 6:42 p.m. ]

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

July 2007 - December 2007



WAC

CHAPTER

TITLE AGENCY

CONTACT

PROPOSED

TIMELINE

DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: Division of Occupational Safety and Health (DOSH)
Chapter 296-155 WAC Certification of crane inspectors Cindy Ireland

(360) 902-5522

7/17/07 2/08 5/08 The department is required by ESHB 2171 (chapter 49.17 RCW) to establish rules relating to the accreditation of crane inspectors and cranes in the construction industry.
Chapter 296-45 WAC Electrical Beverly Clark

(360) 902-5516

TBD TBD TBD OSHA has updated their electrical requirements. We are reviewing the updates and will be making any necessary changes.
Chapter 296-800 WAC Exit routes Cindy Ireland

(360) 902-5522

TBD TBD TBD Requirements pertaining to exit routes is being reviewed and updated, along with being rewritten for clarity, ease of use and understanding.
Chapter 296-52 WAC Explosives Beverly Clark

(360) 902-5516

TBD TBD TBD OSHA has updated their explosives requirements. We are reviewing the updates and will be making any necessary changes.
Chapter 296-305 WAC Fire fighting Cindy Ireland

(360) 902-5522

TBD TBD TBD We are reviewing the fire fighting rules, updating, and rewriting the rules for clarity, ease of use and understanding.
N/A Grants Jill Saibel

(360) 902-4519

7/3/07 11/20/07 3/18/08 The legislature mandated that L&I find investment projects to employers regarding worker safety programs.
Chapter 296-800 WAC Hazard communications Carol Stevenson

(360) 902-4778

TBD TBD TBD We are reviewing the language in the core rules along with other DOSH rules concerning hazard communications to update language for consistency with industry standards.
Chapter 296-817 WAC Hearing loss Cindy Ireland

(360) 902-5522

2/6/07 TBD TBD We are reviewing language in the hearing loss prevention (noise) rule, to clarify technical requirements and update language for consistency with industry standards.
Chapter 296-62 WAC Heat related illness in the outdoor environment Jamie Scibelli

(360) 902-4568

12/19/06 10/2/07 1/2/08 DOSH filed an emergency rule for heat related illness in the outdoor environment on June 5, 2007, effective June 18, 2007. We will be working on a permanent rule.
Chapters 269-24 and 296-155 WAC Rigging Cindy Ireland

(360) 902-5522

2/17/04 TBD TBD We are reviewing the rigging rules, updating, and rewriting the rules for clarity, ease of use and understanding.
Chapter 296-874 WAC Scaffolds Carol Stevenson

(360) 902-4778

CR-105

5/1/07

8/6/07 We are correcting errors and making housekeeping changes to keep this rule as effective as the federal equivalent.
Chapter 296-304 WAC Shipyards Cindy Ireland

(360) 902-5522

2/6/07 CR-105

5/1/07

8/6/07 OSHA promulgated a new fire protection rule for shipyard employment that incorporated by reference 19 NFPA standards. We replaced the references to those NFPA standards by adding the most recent versions.
DIVISION: SPECIALTY COMPLIANCE SERVICES - SCS
Chapter 296-05 WAC Apprenticeship rules Sally Elliott

(360) 902-6411

1/23/07 7/31/07 10/2/07 The purpose of the rule making is to work with stakeholders to discuss changes to the rules regarding the demonstration of need for programs seeking geographical expansion, in WAC 296-05-316. Amendments need to be made in order for the rules to be consistent throughout the section as well as with the federal government's definition of need.
Chapter 296-05 WAC Apprenticeship rules Sally Elliott

(360) 902-6411

8/21/07 To be determined To be determined The purpose of this rule making is to create provisional approval for new apprenticeship programs. The department will work with stakeholders to develop language and to review other possible housecleaning changes.
Chapter 296-46B WAC Electrical Sally Elliott

(360) 902-6411

5/22/07 11/20/07 1/20/08 The department received a petition for rule making on March 30, 2007 from the Washington State HVAC/R Association. The rule making will review the need for the "establishment of a new specialty electrician, a new specialty electrical contractor administrator, and a new specialty electrical contractor in order to do all necessary electrical work to install, service, repair or replace all heating, ventilation, air conditioning and refrigeration equipment and systems commonly done in the heating, ventilation, air conditioning and refrigeration industry."
Chapter 296-46B WAC Electrical Sally Elliott

(360) 902-6411

NA CR-105

6/19/07

9/18/07 The purpose of the rule making is to update the effective date in WAC 296-46B-905, of the electrical fees. Last year, the electrical program was able to decrease fees due to an increasing fund balance. The rule making will extend the fee decrease until December 31, 2008.
Chapter 296-96 WAC Elevators Sally Elliott

(360) 902-6411

11/23/04 7/17/07 9/18/07 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 296-127 WAC Electronic technician Sally Elliott

(360) 902-6411

5/2/06 7/31/07 10/23/07 This rule making will amend the scope of work definition for electronic technicians. The department will work with stakeholders throughout the rule-making process.
Chapter 296-150C WAC Commercial coaches Sally Elliott

(360) 902-6411

NA CR-105

7/3/07

9/4/07 The purpose of this rule making is to correct an error that occurred when adopting the annual fee increase.
Chapter 296-150M WAC Manufactures [Manufactured] homes Sally Elliott

(360) 902-6411

5/22/07 7/17/07 9/18/07 This rule making is a result of SHB 2118, which passed the 2007 legislature. This bill transfers the mobile and manufactured home installation program and the state administrative agency (SAA) programs from the department of community, trade and economic development to the department of labor and industries.
Chapter 296-400A WAC Contractor certificate of registration Sally Elliott

(360) 902-6411

5/22/07 9/18/07 11/20/07 This rule making is a result of SHB 1843, which passed the 2007 legislature. The legislation amends the contractor registration rules to be consistent with the statute. The rule making will also review the contractor registration rules for additions or revisions. The rules need to be reviewed to ensure the rules are consistent with industry practice and to clarify the rules.
DIVISION: Insurance Services (Worker's compensation)
Chapter 296-17 WAC Retrospective rating Bill Moomau

(360) 902-4774

5/1/07 6/19/07 8/21/07 Clarify how retro adjustments are calculated and allow department to use multiple loss development factors in adjustment calculations for nonpension claims.
Chapter 296-17A WAC Classifications Bill Moomau

(360) 902-4774

JoAnne Smith

(360) 902-4777

7/18/07 9/5/07 11/1/07 Housekeeping of existing risk classifications to be effective January 1, 2008.
Chapter 296-17 WAC Rates Bill Moomau

(360) 902-4774

7/18/07 9/5/07 11/20/07 The purpose of this rule making is to review and update workers' compensation rates.
Chapters 296-14 and 296-15 WAC Industrial insurance-

suppressing workers' compensation claims

Valerie Grimm

(360) 902-5005

6/5/07 8/21/07 10/29/07 The proposed rule will assist in the implementation of chapter 77, Laws of 2007 (SSB 5443). The proposed rule making will:

Define bona fide workplace safety and accident prevention program and first aid.

Establish the penalty structure for employers when there is a finding of claim suppression.

Consideration will be given to when and how employers may be required to notify workers of a finding of claim suppression.

In addition, the rule making may address additional issues identified in the rule development process.

Chapters 296-19A and 296-15 WAC

There may also be changes to

chapter 296-19A WAC

Vocational rehabilitation Valerie Grimm

(360) 902-5005

5/22/07 9/4/07 11/30/07 The proposed rules will assist in the implementation of chapter 72, Laws of 2007 (ESSB 5920). To implement the pilot program for vocational rehabilitation services, this rule making will include new rules and may include amendments of existing rules.
Chapter 296-14 WAC Industrial insurance-wages Suzy Campbell

(360) 902-4583

NA CR-105

9/18/07

11/29/07 This rule making will amend existing rules for consistency with chapter 297, Laws of 2007 (SHB 1244). A new rule will be added to clarify when the value of health care benefits is included in determining the worker's monthly wage.
Chapter 296-14 WAC Industrial insurance-confidentiality of worker's compensation claim files Valerie Grimm

(360) 902-5005

11/6/04 10/2/07 11/30/07 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-pension discount rates and mortality assumptions Valerie Grimm

(360) 902-5005

6/20/01 10/23/07 12/14/07 This rule making will amend the pension discount rate and update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapter 296-14 WAC Industrial insurance-definitions Valerie Grimm

(360) 902-5005

5/3/05 3/08 6/08 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-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

Spring 2008 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 296-19A WAC and [no further information supplied by agency] Vocational rehabilitation Valerie Grimm

(360) 902-5005

4/27/07 To be determined To be determined The proposed rule making will amend WAC 296-19A-310 and add a new rule to clarify how the department will purchase services from individual vocational providers in contiguous service locations.
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 4/17/07 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

1/23/07 4/2008 6/2008 In response 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

1/23/07 12/2008 Spring 2009 In response to chapter 475, Laws of 2005 (SSB 5992) the department intends to implement rules to establish an experience rating for self-insurers' and use of the second injury fund by July 1, 2009.
Chapter 296-15 WAC Workers' compensation self insurance rules and regulations -- Self insurance certification requirements Margaret Conley

(360) 902-6906

7/2007 8/2007 11/2007

(effective 1/1/08)

Review of minimum financial requirements for an employer to become certified to self-insure their workers' compensation obligation in Washington state.
Chapter 296-23 WAC Nursing Jami Lifka

(360) 902-4941

11/1/07 7/18/07 9/5/07 In response to chapter 263, Laws of 2007, HB 1722 the department intends to implement rules relating to form that may be signed by physician assistants.
Chapter 296-20 WAC Medical aid rules Jami Lifka

(360) 902-4941

11/1/07 7/18/07 9/5/07 In response to chapter 263, Laws of 2007, HB 1666 the department intends to implement rules relating to advanced registered nurse practitioners.
Chapter 296-20 WAC Medical aid rules Jami Lifka

(360) 902-4941

NA 8/1/07

CR-105

10/2/07 In response to chapter 262, Laws of 2007, the department intends to adopt rules to establish a new workers' compensation advisory committee.
Chapter 296-20 WAC Evidence based prescription drug Jaymie Mai

(360) 902-6792

NA 6/19/07 8/22/07 Revision of WAC 296-20-01002 and 296-20-03011(4) to include "the refill of a immunomodulator/antiviral treatment for hepatitis C for which an established, fixed duration of therapy is prescribed for at least twenty-four weeks but no more than forty-eight weeks" as a basis for exemption from preferred drug substitution as required by RCW 69.41.190.
*Rule making dates are subject to change. If you would like to receive updates relating to agency rule making you can subscribe to the rules list-serve at http://listserv.wa.gov/archives/manage.html.
Washington State Code Reviser's Office