WSR 08-02-050

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed December 27, 2007, 3:04 p.m. ]

Below, in accordance with RCW 34.05.314, is the department of labor and industries' semi-annual rules development agenda for January 1, 2008 - June 30, 2008.

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


Semi-annual Rules Development Agenda

January 2008 - June 2008



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 Construction cranes, certification of cranes, crane inspectors, and crane operators Cindy Ireland

(360) 902-5522

7/17/07 To be determined To be determined The department is required by ESHB 2171 (chapter 49.17 RCW) to establish rules for the certification of cranes, accreditation of crane inspectors, certification of crane operators and rules pertaining to cranes in the construction industry.
Chapters 296-24, 296-45, 296-155, 296-305, 296-307, and 296-800 WAC Fall protection Jamie Scibelli

(360) 902-4568

4/4/06 To be determined To be determined We are reviewing language and combining two parts of the construction rule for clarity and ease of use.
Chapter 296-305 WAC Fire fighting Cindy Ireland

(360) 902-5522

To be determined To be determined To be determined We are reviewing the fire fighting rules, updating, and rewriting the rules for clarity, ease of use, and understanding.
Chapter 296-800 WAC Hazard communications Carol Stevenson

(360) 902-4778

To be determined To be determined To be determined 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 and federal requirements.
Chapter 296-817 WAC Hearing loss Kim Johnson

(360) 902-5008

2/6/07 To be determined To be determined 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 To be determined To be determined DOSH filed an emergency rule for heat related illness in the outdoor environment on June 5, 2007. We are working on a permanent rule.
Chapters 296-27, 296-37, 296-78, 296-305, 296-307, and 296-800 WAC Hospitalization Kim Johnson

(360) 902-5008

10/2/07 12/4/07 2/08 We are making the rules for reporting hospitalization consistent throughout all industries.
Chapters 296-24 and 296-155 WAC Rigging Cindy Ireland

(360) 902-5522

2/17/04 To be determined To be determined We are reviewing the rigging rules, updating, and rewriting the rules for clarity, ease of use, and understanding.
Chapter 296-900 WAC Safety and health investments project Jill Saibel

(360) 902-4519

7/5/07 10/23/07 1/8/08 This rule making is in response to a legislative budget item enacted in 2007 mandating that L&I establish a safety and health investment/grant program through rule making for employers and employees covered by the medical aid fund regarding worker safety programs.
DIVISION: Specialty Compliance Services
Chapter 296-05 WAC Apprenticeship rules Sally Elliott

(360) 902-6411

9/18/07 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 the rules for additional changes.
Chapter 296-46B WAC Electrical Sally Elliott

(360) 902-6411

11/20/07 1/22/08 3/18/07 The primary purpose of the rule making is to amend language in WAC 296-46B-995, regarding appeals. The electrical program has been challenged on two appeals within the last month on this issue. The amendment will move the burden of proof from the appellant to the department for appeals heard before the office of administrative hearings (OAH) or directly by the electrical board. If there is an appeal from an OAH decision, the party aggrieved is responsible for the burden of proof. The department is also reviewing the rules for other changes that may be needed.
Chapter 296-104 WAC Board of boiler rules Sally Elliott

(360) 902-6411

1/22/08 To be determined To be determined The purpose of this rule making is to make clarification and technical changes to the Board of boiler rules -- Substantive (chapter 296-104 WAC) based on actions and requests of the board of boiler rules. The rule making will:

Make clarifications concerning the state of Washington's requirements for both the state and the National Board Boiler Inspector examinations;

Allow boilers in an accredited owner/user inspection program extended frequencies between internal inspections; and

Include installation options for boiler fuel trains for ease of compliance without compromising safety.

Chapter 296-127 WAC Electronic technician Sally Elliott

(360) 902-6411

5/2/06 To be determined To be determined 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 296-150M WAC Manufactured homes Sally Elliott

(360) 902-6411

5/22/07 1/2/08 3/18/08 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 296-150M WAC Manufactured homes Sally Elliott

(360) 902-6411

Not applicable Expedited

11/6/07

1/22/08 The purpose of this rule making is to correct inconsistency between the factory assembled structure (FAS) statute and rules. RCW 43.22.435 (2)(a) outlines the information that is needed before the department can issue a "notice of correction." This requirement was also adopted into WAC 296-150M-0815, however, the rules refer to the "notice of correction" as a "notice of infraction." The department will amend the rules to be consistent with the FAS statute.
Chapter 296-400A WAC Contractor certificate of registration Sally Elliott

(360) 902-6411

5/22/07 1/22/08 4/1/08 This rule making is a result [of] SHB 1843, which passed the 2007 legislature. This rule making is needed to implement the new changes. Additional changes are also being considered to ensure the rules are consistent with industry practice and to make other necessary changes.
Chapters 296-96, 296-104, 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

1/22/08 3/19/08 5/21/08 The purpose of this rule making is to review the fees for possible changes.
DIVISION: Insurance Services (Workers' Compensation, Employer Services. Health Services Analysis, etc.)
Chapters 296-19A and 296-15 WAC

There may also be changes to

chapter 296-19A WAC

Vocational rehabilitation Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

5/22/07 12/18/07 2/29/08 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.
Chapters 296-14 and 296-15 WAC Industrial insurance -- Suppressing workers' compensation claims Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

6/5/07 2/6/08 4/22/08 The proposed rules 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, and

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.

Chapter

296-14 WAC

Industrial insurance -- Wages Suzy Campbell

Policy and Quality Coordination

(360) 902-4583

9/18/07

1/23/08 May 2008 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

Policy and Quality Coordination

(360) 902-5005

11/6/04 2/20/08 4/28/08 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

Policy and Quality Coordination

(360) 902-5005

6/20/01 March 2008 May 2008 This rule making will update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapter

296-14 WAC

Industrial insurance -- Definitions Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

5/3/05 June 2008 June 2008 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

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

03/04 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 296-17A WAC Classifications Jo Anne Smith/

Bill Moomau

(360) 902-4774

2/20/08 4/4/08 5/30/08 The purpose of this rule making is to review existing industrial insurance classifications for possible changes.
Chapter 296-17 WAC Dividends Jo Anne Smith/

Bill Moomau

(360) 902-4774

2/20/08 4/4/08 5/30/08 The purpose of this rule making is to make changes related to industrial insurance dividends for nonretrospective rating employers in response to the medical-aid rate holiday of 2007.
Chapter 296-17A WAC Gravel yard rule-making petition Jo Anne Smith/

Bill Moomau

(360) 902-4774

8/24/07 1/22/08 5/27/08 The purpose of this rule making is to review and possibly move industrial insurance classification 5206 to construction classification 1102 as a result of a rule-making petition.
Chapter 296-17 WAC Industrial insurance rates Jo Anne Smith/

Bill Moomau

(360) 902-4774

7/2/08 9/3/08 11/18/08 The purpose of this rule making is to review industrial insurance rates for possible changes.
Chapters 296-17 and 296-17A WAC Drywall rules and classes Jo Anne Smith/

Bill Moomau

(360) 902-4774

10/1/07 4/2/08 5/20/08 The purpose of this rule making is to review and possibly make changes to drywall reporting rules and classifications in response to suggestions of the drywall advisory committee.
WAC 296-20-135 Conversion factors Tom Davis

Health Services Analysis

(360) 902-6687

12/18/07 2/19/08 4/22/08 The purpose of this rule making is to review and update the conversion factors used by the department in calculating reimbursement rates for most professional health care and anesthesia services.
WAC 296-23-220 Physical therapy rules Tom Davis

Health Services Analysis

(360) 902-6687

12/18/07 2/19/08 4/22/08 The purpose of this rule making is to review and possibly 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

Health Services Analysis

(360) 902-6687

12/18/07 2/19/08 4/22/08 The purpose of this rule making is to review and possibly 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 296-23-250 Massage therapy rules Tom Davis

Health Services Analysis

(360) 902-6687

12/18/07 2/19/08 4/22/08 The purpose of this rule making is to review and possibly establish a separate maximum daily reimbursement level for massage therapy.
Chapter 296-23 WAC Advanced registered nurse practitioners (ARNPs) Jami Lifka

(360) 902-4941

1/22/08 This rule making is in response to HB 1666 from the 2007 legislature relating to what procedures and reports ARNPs can do as attending providers.
Chapter 296-20 WAC Physicians assistants (PAs) Jami Lifka

(360) 902-4941

1/22/08 This rule making is in response to HB 1722 from the 2007 legislature relating to what forms that PAs can sign. Also, adopts the new terms "attending provider” and "treating provider."
Chapter 296-20 WAC Industrial insurance medical advisory committee Jami Lifka

(360) 902-4941

This rule making is in response to ESHB [ESSB] 5290 from the 2007 legislature relating to the establishment of an industrial insurance medical advisory committee. These rules provide the administrative details for the committee.
Chapter 296-20 WAC Industrial insurance chiropractic advisory committee Jami Lifka

(360) 902-4941

This rule making is in response to ESHB [ESSB] 5290 from the 2007 legislature relating to the chiropractic advisory committee. These rules provide the administrative details for the committee.

Josh Swanson

Legislative Liaison/

Rules Coordinator

Washington State Code Reviser's Office