WSR 09-16-077

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 31, 2009, 11:59 a.m. ]

Following, in accordance with RCW 34.05.314, is the department of labor and industries' semi-annual rules development agenda for July through December 31, 2009.

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 - December 31, 2009)



CHAPTER SUBJECT AGENCY CONTACT PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: INSURANCE SERVICES
Chapter 296-15 WAC Industrial Insurance--Suppressing workers' compensation claims Brenda Heilman

(360) 902-6518

6/5/07 To be determined To be determined The proposed rules will assist in the implementation of chapter 77, Laws of 2007 (SSB 5443) relating to suppression of workers' compensation claims.
Chapter 296-14 WAC Industrial insurance--Wages Brenda Heilman

(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

(360) 902-6518

11/06/04 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

(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.
Chapters 296-17 and 296-17A WAC Housekeeping changes Bill Moomau/JoAnne Smith

(360) 902-4774

3/18/09 6/2/09 8/4/09 This provides updates and corrections to existing language in reporting requirement rules and classifications.
Chapters 296-17 and 296-17A WAC State agencies

evaluation of actual losses

Bill Moomau/JoAnne Smith

(360) 902-4774

3/31/09 6/2/09 8/4/09 Creates a new subclassification for state agencies to track claims in higher-risk jobs.

Revise rule for evaluation of actual losses to include reserve amounts for permanent partial disability and vocational option 2 claims.

Chapter 296-17A WAC Construction 0516 Bill Moomau/JoAnne Smith

(360) 902-4774

7/1/08 6/2/09 8/4/09 This rule making creates a new subclassification of 0516 building repair for those employers who choose to report all phases of construction separately. Additionally, it provides clarification to classifications 1109 Towing Services, 4002 Dairy Products Manufacturing and 4910 Property Management. It also creates a new subclassification for 6103 Schools for reporting maritime worker's classroom training hours.
Chapter 296-17A WAC Audio visual/legal messengers Bill Moomau/JoAnne Smith

(360) 902-4774

6/16/09 8/4/09 9/29/09 This rule making creates a new subclassification in 6306 Furniture stores, for audio visual firms who provide audio visual sales and/or service, repair, and set up for events.

It also creates a subclassification in 6601 Detective agencies for firms who provide legal messenger services.

Chapter 296-14 WAC Industrial insurance--Definitions Brenda Heilman

(360) 902-6518

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--Social security offset Brenda Heilman

(360) 902-6518

To be determined To be determined To be determined Review social security offset rules for possible changes.
Chapter 296-19A WAC Vocational rehabilitation Brenda Heilman

(360) 902-6518

4/22/08 8/18/09 12/1/09 The proposed rules will address option 2 benefits. This rule making will include new rules to clarify the process and requirements for making application for option 2 vocational costs and define which vocational costs require department or self-insurer oversight and the vocational costs that can be paid.
Chapter 296-19A WAC Vocational rehabilitation Brenda Heilman

(360) 902-6518

12/2/08 8/18/09 12/1/09 This rule making will include new rules to clarify the process and factors L&I will consider for approving or denying nonaccredited or unlicensed training programs for injured workers.
Chapter 296-14 WAC Industrial insurance--Worker employment patterns Brenda Heilman

(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 296-17A WAC Logging Bill Moomau/JoAnne Smith

(360) 902-4774

6/16/09 9/23/09 9/28/09 This repeals subclassification 0101-41 Logging machine operator. It creates new subclassification in 5005 Logging for those firms who previously reported in 0101.
Chapter 296-17 WAC Rates Bill Moomau/JoAnne Smith

(360) 902-4774

6/16/09 9/22/09 11/30/09 Annual premium rate changes for 2010.
Chapter 296-17 WAC Retrospective rating Diane Doherty

(360) 902-4835

6/3/09 9/22/09 9/29/09 The department is considering rules relating to how occupational disease claim costs are used in the calculation of retrospective rating refunds. The rules will include how the department calculates the performance adjustment factor (PAF), which is used to compare the relative performance between retro and nonretro employers.
Chapter 296-15 WAC Pay during appeal Margaret Conley

(360) 902-6723

7/22/08 TBD TBD Pursuant to Chapter 280, Laws of 2008 (ESSB [ESHB] 3139). We will implement rules to allow for stays of industrial insurance orders on appeal. These rules will clarify the process for self-insurers, including when benefits must be paid, how any overpayments resulting from a decision of the board of industrial insurance appeals or courts can be recouped, establishing a fund for such repayment, and defining new reporting requirements so that the department can effectively track such overpayments.
Chapter 296-15 WAC Housekeeping Margaret Conley

(360) 902-6723

7/22/08 TBD TBD The purpose of this rule making is to review chapter 296-15 WAC for any corrections and to ensure consistency with statute. Affected rules will also be rewritten using "plain talk."
Chapter 296-33 WAC Attendant care Janice Deal

(360) 902-5369

8/3/09 TBD TBD The purpose of this rule making is to require home care providers to be licensed.
WAC 296-20-071,

296-21-270, and 296-23-241

Psychiatric ARNPs and concurrent care Jami Lifka

(360) 902-4941

6/29/08 3/31/09 6/30/09 The change being proposed is to add psychiatric ARNPs as psychiatric providers for injured workers and to allow concurrent care providers to prescribe medication.
WAC 269-20-03002 and new sections in chapter 296-20 WAC Structured intensive multidisciplinary program (SIMP) for chronic noncancer pain, lumbar fusion, and artificial disc replacement Jami Lifka

(360) 902-4941

5/5/09 6/30/09 9/14/09 The purpose of this rule making is to implement two health technology clinical committee (HTCC) coverage determinations. The determinations state that lumbar fusion and artificial intervertebral disc replacement surgeries are covered for the treatment of chronic pain due to uncomplicated degenerative disc disease. However, a noninvasive SIMP must be completed prior to the department or self-insurer authorizing a lumbar fusion or lumbar artificial disc replacement.

CHAPTER SUBJECT 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

8/4/09 1/2010 4/2010 This rule making is a result of ESSB 5873, which passed the 2009 legislature. The rule making will incorporate the new apprenticeship utilization requirements into rule.
Chapter 296-46B WAC Electrical rules Sally Elliott

(360) 902-6411

2/3/08 6/30/09 8/18/09 The department has reviewed the electrical rule for additions and revisions. The electrical rules are reviewed on a regular basis to: Ensure the rules are consistent with the national consensus standards, industry practice, clarify the rules, and make fee changes.
Chapter 296-96 WAC Elevator rules Sally Elliott

(360) 902-6411

7/21/09 9/22/09 12/1/09 This rule making is a result of SHB 1055 and SSB 5850, which passed the 2009 legislature.
Chapter 296-104 WAC Board of boiler rules Sally Elliott

(360) 902-6411

6/30/09 9/22/09 11/17/09 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 6/2/09 8/18/09 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 Sally Elliott

(360) 902-6411

6/2/09 8/4/09 10/20/09 The prevailing wage rules have not gone through a comprehensive review since the early 90s. We have reviewed the rules and will be making amendments to reflect court decisions, integrate administrative policies, streamline current processes, create consistency with the statute, and make housekeeping changes.
Chapter 296-127 WAC Prevailing wage Sally Elliott

(360) 902-6411

8/4/09 11/17/09 3/2010 This rule making is a result of SB 5903 and SSB 5904, which passed the 2009 legislature.
Chapter 296-126 WAC Employment standards Sally Elliott

(360) 902-6411

6/16/09 8/4/09 10/20/09 The industrial welfare rules were adopted in 1974 and have not been reviewed by the department for need. Therefore, there are outdated requirements in the industrial welfare rules that need to be repealed and deleted. The purpose of this rule making is to review the industrial welfare rules for housekeeping and clarifying changes.
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.
Chapters 296-150C, 296-150F, 296-150I, 296-150M, 296-150P, 296-150R, 296-150T, and 296-150V 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 possible changes.
Chapter 296-200A WAC Contractor certificate of registration Sally Elliott

(360) 902-6411

7/21/09 9/22/09 12/1/09 This rule making is a result of SHB 1555 (relating to the underground economy), which passed the 2009 legislature.
Chapter 296-400A WAC Plumbers certification Sally Elliott

(360) 902-6411

7/21/09 9/22/09 12/1/09 This rule making is a result of SHB 1055 (relating to photo identification), which passed the 2009 legislature.

WAC CHAPTER SUBJECT AGENCY CONTACT PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: Division of Occupational Safety and Health (DOSH)
Chapters 296-36 and 296-155 WAC Compressed air Jamie Scibelli

(360) 902-4568

TBD TBD TBD The requirements for compressed air are out-of-date and will be updated as necessary and reformatted for ease of use and understanding.
Chapter 296- 155 WAC Construction cranes (Phase 2) Cindy Ireland

(360) 902-5522

9/16/08 11/09 2/10 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.
Chapter 296-24 WAC Electrical Jamie Scibelli

(360) 902-4568

7/21/09

Expedited

11/3/09 The department is updating rules in chapter 296-24 WAC, Part L and WAC 296-800-280, to incorporate the Federal Occupational Safety and Health Administration (OSHA) recently adopted amendments to their rules.
Chapter 296-155 WAC Fall protection Jamie Scibelli

(360) 902-4568

4/4/06 TBD TBD This rule making is 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 TBD TBD The fire fighting rules are being updated and rewritten for clarity, ease of use, and understanding with the assistance of a stakeholder group consisting of business, labor and the fire chiefs.
Chapter 296-803 WAC Lockout tagout Jamie Scibelli

(360) 902-4568

4/21/09

Expedited

8/4/09 The OSHA has determined that the department's rules regarding lockout/tagout is not at-least-as-effective-as the federal rule. The proposed changes will make Washington state's rule as-effective-as the federal equivalent.
Chapter 296-56 WAC Longshoring and marine terminals Cindy Ireland

(360) 902-5522

3/31/09

Expedited

7/21/09 The department intends to adopt requirements prescribed by a new OSHA rule related to the practice of lifting two intermodal containers together, one on top of the other, connected by semiautomatic twistlocks (SATLs). This practice is known as a vertical tandem lift (VTL). The final standard permits VTLs of no more than two empty containers provided certain safeguards are followed.
Chapters 296-62, 296-155, 296-811, 296-817, 296-842, 296-848, 296-849, 296-855, 296-856 WAC Personal protective equipment (PPE) training Kim Johnson

(360) 902-5008

3/31/09

Expedited

7/21/09 OSHA has amended their rules to clarify that employers are to provide PPE, especially respirators, for each employee who needs one. They also have reworded their rules to ensure that training is provided to each and every employee. DOSH has a statutory obligation to remain as-effective-as OSHA, so we are amending our wording with the same clarifications.
Chapter 296-842 WAC Respiratory protection (REDON fit testing) Jill Saibel

(360) 902-4519

6/30/09

Expedited

9/22/09 This activity is to adopt an additional fit testing alternative as recommended by OSHA.
Chapter 296-32 WAC Telecommunications Beverly Clark

(360) 902-5516

TBD TBD TBD 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 296-307 WAC, Part I Worker protection standard (WPS) Beverly Clark

(360) 902-5516

6/16/09

Expedited

8/18/09 The department is proposing to change existing language in chapter 296-307 WAC, Part I (worker protection standard) to adopt federal changes for use of glove liners and also to update references to current WAC numbers. The language being proposed incorporates changes from the federal Environmental Protection Act (EPA) Worker Protection Standards into state rules in order to be consistent with other requirements in Washington state law. This proposal is being adopted simultaneously in conjunction with rule making by the Washington state department of agriculture as statutorily required for these pesticide protection rules.

Josh Swanson

Legislative Liaison

Rules Coordinator

Washington State Code Reviser's Office