WASHINGTON STATE REGISTER

WSR 09-04-055

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed January 30, 2009, 4:19 p.m. ]

Semi-Annual Rules Development Agenda

January - June 2009

WAC CHAPTER	TITLE	AGENCY CONTACT	PROPOSED TIMELINE			DESCRIPTION OF CHANGES
			CR-101	CR-102	CR-103
DIVISION: SPECIALTY COMPLIANCE SERVICES - SCS
Chapter 296-05 WAC	Apprenticeship rules	Sally Elliott (360) 902-6411	2/17/09	To be determined	To be determined	The purpose of this rule making is to update the apprenticeship rules to ensure they are equivalent to the federal apprenticeship rules.
Chapter 296-46B WAC	Electrical rules	Sally Elliott (360) 902-6411	2/3/08	To be determined	To be determined	The purpose of this rule making is to review the electrical rules for clarification and technical changes.
Chapter 296-96 WAC	Elevator rules	Sally Elliott (360) 902-6411	2/3/08	To be determined	To be determined	The purpose of this rule making is to review the elevator rules for clarification and technical changes.
Chapter 296-104 WAC	Board of boiler rules	Sally Elliott (360) 902-6411	1/20/09	3/17/09	6/16/09	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.
Chapter 296-127 WAC	Prevailing wage -- 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 296-127 WAC	Prevailing wage -- Electronic technician	Sally Elliott (360) 902-6411	To be determined	To be determined	To be determined	The purpose of this rule making is to review the prevailing wage rules for clarification and technical changes.
Chapters 296-125, 296-126, 296-128, and 296-131 WAC	Employment standards policy to rule integration	Sally Elliott (360) 902-6411	9/20/08	To be determined	To be determined	The purpose of this rule making is to integrate administrative policies into the rules.
Chapter 296-135 WAC	Domestic violence	Sally Elliott (360) 902-6411	8/19/08	To be determined	To be determined	This rule making is a result of SHB 2602, which passed the 2008 legislature and became effective on April 1, 2008. This bill requires employers to provide employees who are victims of domestic violence, sexual assault, or stalking, or whose family members are victims, with reasonable or intermittent leave from work, upon advance notice except in emergencies, for seeking or obtaining legal or law-enforcement assistance, medical treatment, social services, or counseling, or for safety planning or relocation. This bill prohibits employers from discriminating against employees who exercise rights protected by this bill and it creates administrative and civil causes of action for violation of the provisions of the bill.
Chapter 296-136 WAC	Wage Payment Act	Sally Elliott (360) 902-6411	2/17/09	To be determined	To be determined	This rule making is a result of SHB 3185, which passed the 2006 legislature. This bill authorizes civil penalties and interest for unpaid wages for violations of certain wage violations, including minimum wage, overtime, illegal deductions, nonpayment of final paycheck and willful violations of agreed wages.
Chapters 296-150C, 296-150F, 296-150I, 296-150M, 296-150P, 296-150R, 296-150T, and 296-150V WAC	Factory assembled structure rules	Sally Elliott (360) 902-6411	2/3/08	To be determined	To be determined	The purpose of this rule making is to review the factory assembled structure rules for clarification and technical changes.
Chapter 296-200A WAC	Contractor certificate of registration	Sally Elliott (360) 902-6411	8/19/08	1/20/09	3/31/09	This rule making is a result [of] 2SSB 6732, which passed the 2008 legislature. The contractor registration rules need to be updated 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.
Chapter 296-200A WAC	Contractor certificate of registration	Sally Elliott (360) 902-6411	2/3/08	To be determined	To be determined	The purpose of this rule making is to review the contractor registration rules for clarification and technical changes.
Chapter 296-400A WAC	Plumbers certification	Sally Elliott (360) 902-6411	8/19/08	1/20/09	3/31/09	The purpose of this rule making is to review the plumber certification rules for housekeeping changes in order to further clarify the rules. The plumber certification rules are reviewed on a regular basis to: Ensure the rules are consistent with the national consensus standards, industry practice, and to clarify the rules. For example: • Extending a plumber's temporary permit from ninety days to one hundred twenty days; • Clarifying continuing educational requirements; • Clarifying the prorated plumber licensing fee; and • Removing the pump installer trainee requirements.
Chapter 296-400A WAC	Plumbers certification	Sally Elliott (360) 902-6411	2/3/08	To be determined	To be determined	The purpose of this rule making is to review the plumber certification rules for clarification and technical changes.
DIVISION: INSURANCE SERVICES
Chapters 296-14 and 296-15 WAC	Industrial insurance -- Suppressing workers' compensation claims	Brenda Heilman Policy and Quality Coordination (360) 902-6518	6/5/07	1/09	6/09	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	Brenda Heilman Policy and Quality Coordination (360) 902-6518	4/22/08	To be determined	To be determined	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	Brenda Heilman Policy and Quality Coordination (360) 902-6518	11/6/04	To be determined	To be determined	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	Brenda Heilman Policy and Quality Coordination (360) 902-6518	6/20/01	To be determined	To be determined	This rule making will update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapter 296-14 WAC	Industrial insurance -- Definitions	Brenda Heilman Policy and Quality Coordination (360) 902-6518	5/3/05	3/09	9/09	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 -- Social security offset	Brenda Heilman Policy and Quality Coordination (360) 902-6518	To be determined	To be determined	To be determined	Social security offset.
Chapter 296-19A WAC	Vocational rehabilitation	Brenda Heilman Policy and Quality Coordination (360) 902-6518	4/22/08	03/17/09	12/31/09	The proposed rules will address option 2 benefits. Content of this rule filing has not been determined yet.
Chapter 296-19A WAC	Vocational rehabilitation	Brenda Heilman Policy and Quality Coordination (360) 902-6518	12/2/08	3/17/09	6/30/09	The proposed rules will address criteria for approving nonaccredited and unlicensed training programs. Content of this rule filing has not been determined yet.
Chapter 296-14 WAC	Industrial insurance -- Worker employment patterns	Brenda Heilman Policy and Quality Coordination (360) 902-6518	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 296-17 WAC	Rates	Bill Moomau (360) 902-4774 JoAnne Smith (360) 902-4777	6/17/09	9/2/09	11/16/09	Annual rate changes.
Chapter 296-17A WAC	Classification housekeeping	Bill Moomau (360) 902-4774 JoAnne Smith (360) 902-4777	3/4/09	4/17/09	5/29/09	Housekeeping changes to risk classifications.

Chapter 296-20 WAC Spinal cord stimulators Jami Lifka
(360) 902-04941 [902-4941]
3/3/09 To be determined To be determined To formalize a noncoverage decision of spinal cord stimulators in agreement with the results of the UW study.

Chapter 296-20 WAC Pain clinics prior to spinal fusion Jami Lifka
(360) 902-4941
12/2/08 March, 2009 To be determined To specify the health technology clinical committee determination that a worker must first go through a pain clinic prior to getting a spinal fusion.

WAC 296-20-03014 Implantable drug delivery systems and injectable drugs Jami Lifka
(360) 902-4941
To be determined To be determined To be determined To possibly clarify in rule the health technology clinical committee determination that implantable drug delivery systems are not covered for chronic, noncancer pain and to clarify use of injectables for CRPS.

WAC
296-20-071
296-21-270
296-23-241
Psychiatric ARNPs Jami Lifka
(360) 902-4941
7/29/08 2/09 To be determined In response to a petition for a rule change, the department will amend relevant WACs to clarify that the insurer will pay for psychiatric ARNPs to provide services to injured workers.

DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)

Chapters 296-36 and 296-155 WAC Compressed air Jamie Scibelli
(360) 902-4568
To be determined To be determined To be determined The requirements for compressed air are out-of-date and will be updated as necessary and reformatted for ease of use and understanding.

Chapters 296-24 and 296-155 WAC Cranes, rigging and personnel lifting for construction Cindy Ireland
(360) 902-5522
9/16/08 3/09 9/09 The department is required by ESHB 2171 (chapter 49.17 RCW), which is effective January 1, 2010, 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. Closely related requirements for rigging and personnel lifting are being reviewed and updated as needed at the same time.

WAC 296-45-475 Electrical Kim Johnson
(360) 902-5008
11/8/08 To be determined To be determined The electric utility safety advisory committee (EUSAC) has expressed concerns about the safety of nonqualified workers while in energized electric utility substations. EUSAC recommends that the department adopt language to help the industry ensure the safety of these workers.

Chapters 296-24, 296-45, 296-155, 296-305, 296-307, 296-800 WAC Fall protection Jamie Scibelli
(360) 902-4568
4/4/06 2/3/09 6/2/09 This project is primarily focused on clear rule writing and combines two parts of the construction safety code for clarity and ease of use. In addition, the department intends to clarify the interpretation of current rules and policies with respect to walking-working surfaces on roofs and as recommended by a business and labor ad hoc committee.

Chapter 296-305 WAC Fire fighting Kim Johnson
(360) 902-5008
11/4/08 To be determined To be determined The fire fighting rules are being updated and rewritten for clarity, ease of use, and understanding.

WAC 296-800-170 Employer chemical hazard communication Beverly Clark
(360) 902-5516
1/20/09
Expedited
CR-105
5/5/09 During an update in 2001, some content of the rules were inadvertently left out, resulting in a document that is less clear and specific as applicable federal OSHA requirements. These changes will make our rule more consistent with the federal equivalent.

Chapters 296-24, 296-27, 296-37, 296-305, 296-800 WAC Hospitalization Kim Johnson
(360) 902-5008
8/5/08
Expedited
CR-105
To be determined These sections are being added to the February 8, 2008, filing, which changed DOSH's rules requiring employers to report when one employee is hospitalized due to a workplace illness or incident. These sections were inadvertently left out of the previous rule filing that changed these requirements.

Chapter 296-307 WAC Outdoor heat exposure in agriculture Jamie Scibelli
(360) 902-4568
7/22/08 11/18/08 3/09 The outdoor heat exposure rule, WAC 296-62-095, is being incorporated into chapter 296-307 WAC, safety standards for agriculture, at the request of industry stakeholders.

Chapters 296-32, 296-45, 296-54, 296-56, 296-59, 296-78, 296-155, 296-800, 296-809, 296-818, 296-824, 296-826, 296-843, 296-848 WAC Personal protective equipment (PPE) Kim Johnson
(360) 902-5008
11/18/08
Expedited
CR-105
2/17/09 The occupational safety and health administration (OSHA) has recently revised several of their rules to clarify the fact that personal protective equipment (PPE) for employees is to be paid for by the employer. WISHA rule changes are required to remain as effective as OSHA as mandated by statute; the requirements are intended to be adopted identical to OSHA.

Chapter 296-842 WAC Respiratory protection (REDON fit testing) Jill Saibel
(360) 902-4519
To be determined To be determined To be determined This activity is to adopt an additional fit testing alternative as recommended by federal OSHA.

Chapter 296-32 WAC Telecommunications Beverly Clark
(360) 902-5516
To be determined To be determined To be determined The vertical code for the telecommunications industry is out-of-date and is being updated and rewritten for clarity, ease of use, and understanding.

Chapter 296-20 WAC	Spinal cord stimulators	Jami Lifka (360) 902-04941 [902-4941]	3/3/09	To be determined	To be determined	To formalize a noncoverage decision of spinal cord stimulators in agreement with the results of the UW study.
Chapter 296-20 WAC	Pain clinics prior to spinal fusion	Jami Lifka (360) 902-4941	12/2/08	March, 2009	To be determined	To specify the health technology clinical committee determination that a worker must first go through a pain clinic prior to getting a spinal fusion.
WAC 296-20-03014	Implantable drug delivery systems and injectable drugs	Jami Lifka (360) 902-4941	To be determined	To be determined	To be determined	To possibly clarify in rule the health technology clinical committee determination that implantable drug delivery systems are not covered for chronic, noncancer pain and to clarify use of injectables for CRPS.
WAC 296-20-071 296-21-270 296-23-241	Psychiatric ARNPs	Jami Lifka (360) 902-4941	7/29/08	2/09	To be determined	In response to a petition for a rule change, the department will amend relevant WACs to clarify that the insurer will pay for psychiatric ARNPs to provide services to injured workers.
DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
Chapters 296-36 and 296-155 WAC	Compressed air	Jamie Scibelli (360) 902-4568	To be determined	To be determined	To be determined	The requirements for compressed air are out-of-date and will be updated as necessary and reformatted for ease of use and understanding.
Chapters 296-24 and 296-155 WAC	Cranes, rigging and personnel lifting for construction	Cindy Ireland (360) 902-5522	9/16/08	3/09	9/09	The department is required by ESHB 2171 (chapter 49.17 RCW), which is effective January 1, 2010, 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. Closely related requirements for rigging and personnel lifting are being reviewed and updated as needed at the same time.
WAC 296-45-475	Electrical	Kim Johnson (360) 902-5008	11/8/08	To be determined	To be determined	The electric utility safety advisory committee (EUSAC) has expressed concerns about the safety of nonqualified workers while in energized electric utility substations. EUSAC recommends that the department adopt language to help the industry ensure the safety of these workers.
Chapters 296-24, 296-45, 296-155, 296-305, 296-307, 296-800 WAC	Fall protection	Jamie Scibelli (360) 902-4568	4/4/06	2/3/09	6/2/09	This project is primarily focused on clear rule writing and combines two parts of the construction safety code for clarity and ease of use. In addition, the department intends to clarify the interpretation of current rules and policies with respect to walking-working surfaces on roofs and as recommended by a business and labor ad hoc committee.
Chapter 296-305 WAC	Fire fighting	Kim Johnson (360) 902-5008	11/4/08	To be determined	To be determined	The fire fighting rules are being updated and rewritten for clarity, ease of use, and understanding.
WAC 296-800-170	Employer chemical hazard communication	Beverly Clark (360) 902-5516		1/20/09 Expedited CR-105	5/5/09	During an update in 2001, some content of the rules were inadvertently left out, resulting in a document that is less clear and specific as applicable federal OSHA requirements. These changes will make our rule more consistent with the federal equivalent.
Chapters 296-24, 296-27, 296-37, 296-305, 296-800 WAC	Hospitalization	Kim Johnson (360) 902-5008		8/5/08 Expedited CR-105	To be determined	These sections are being added to the February 8, 2008, filing, which changed DOSH's rules requiring employers to report when one employee is hospitalized due to a workplace illness or incident. These sections were inadvertently left out of the previous rule filing that changed these requirements.
Chapter 296-307 WAC	Outdoor heat exposure in agriculture	Jamie Scibelli (360) 902-4568	7/22/08	11/18/08	3/09	The outdoor heat exposure rule, WAC 296-62-095, is being incorporated into chapter 296-307 WAC, safety standards for agriculture, at the request of industry stakeholders.
Chapters 296-32, 296-45, 296-54, 296-56, 296-59, 296-78, 296-155, 296-800, 296-809, 296-818, 296-824, 296-826, 296-843, 296-848 WAC	Personal protective equipment (PPE)	Kim Johnson (360) 902-5008		11/18/08 Expedited CR-105	2/17/09	The occupational safety and health administration (OSHA) has recently revised several of their rules to clarify the fact that personal protective equipment (PPE) for employees is to be paid for by the employer. WISHA rule changes are required to remain as effective as OSHA as mandated by statute; the requirements are intended to be adopted identical to OSHA.
Chapter 296-842 WAC	Respiratory protection (REDON fit testing)	Jill Saibel (360) 902-4519	To be determined	To be determined	To be determined	This activity is to adopt an additional fit testing alternative as recommended by federal OSHA.
Chapter 296-32 WAC	Telecommunications	Beverly Clark (360) 902-5516	To be determined	To be determined	To be determined	The vertical code for the telecommunications industry is out-of-date and is being updated and rewritten for clarity, ease of use, and understanding.

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