WSR 10-04-013

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed January 22, 2010, 2:59 p.m. ]


Semi-Annual Rules Development Agenda

(January 1 - June 30, 2010)



WAC CHAPTER TITLE AGENCY CONTACT PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: INSURANCE SERVICES
Chapters 296-14 and 296-15 WAC Industrial insurance -- Suppressing workers' compensation claims. Brenda Heilman

(360) 902-6518

6/5/07 TBD TBD 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

(360) 902-6518

4/22/08 TBD TBD 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

11/16/04 TBD TBD 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 TBD TBD 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

(360) 902-6518

5/3/05 TBD TBD 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

TBD TBD TBD This rule making will consider changes to the social security offset rules.
Chapter 296-19A WAC Vocational rehabilitation Brenda Heilman

(360) 902-6518

4/22/08 8/18/09 TBD 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 TBD TBD 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 -- Wages. Brenda Heilman

(360) 902-6518

4/22/08 TBD TBD 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.
WAC 296-20-135 Conversion factors. Tom Davis

(360) 902-6687

1/5/10 3/2/10 5/4/10 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

1/5/10 3/2/10 5/4/10 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

1/5/10 3/2/10 5/4/10 Update the maximum daily reimbursement level for occupational therapy services so the department may, if necessary, give cost-of-living increases to affected providers.
Chapter 296-17A WAC Industrial insurance -- Dairy classifications. Renee' Brady

(360) 902-4773

9/22/09 12/22/09 2/16/10

effective 4/1/10

Create a new subclassification in 3902 Food processing for small artisan dairies, moving existing dairies from classification 4002 Dairy products manufacturing.
Chapter 296-17 WAC Industrial insurance -- Director's discretion. Richard Bredeson

(360) 902-4985

8/18/09 10/20/09 2/28/10

effective 4/1/10

RCW 51.32.0991 provides for a reduction in incurred losses, at the director's discretion, if a worker with a vocational plan had a prior vocational plan approved in 2008, or later, and the worker is engaged in medically restricted activities when injured. The statute expires June 30, 2013. The rule will clarify when the director's discretion can no longer be granted based on the sunset language of the statute and how it is applied to an accident year's incurred losses for experience rating.
Chapter 296-17 WAC Industrial insurance-Division of hours. Richard Bredeson

(360) 902-4985

9/1/09 12/2/09 5/4/10

effective 7/1/10

The new rule is intended to clarify the reporting requirements when an employee performs work for more than one basic classification by consolidating these reporting requirements into one rule. This will reduce the potential for overlap or gaps between the currently separate sections.
DIVISION: SPECIALTY COMPLIANCE SERVICES
Chapter 296-05 WAC Apprenticeship rules. Sally Elliott

(360) 902-6411

8/4/09 8/3/10 11/2/10 The federal government recently published updated rules and gave the states authorized under the federal system two years from December 28, 2008, to come into compliance. Rule making is needed to address past policies that address the federal changes.

Additionally, Initiative 937 established an incentive to utilize state registered apprentices when entities construct/build renewable energy projects. The rules need to be amended to outline the processes and procedures through which entities can obtain certification of apprentice utilization levels are [as] necessary.

Chapter 296-46B WAC Electrical rules. Sally Elliott

(360) 902-6411

2/2/10 TBD TBD The department will review the electrical rules for additions and revisions. The electrical rules are reviewed on a regular basis to: Ensure the rules are consistent with the national consensus standards and industry practice and to clarify the rules as needed.
Change [Chapter] 296-96 WAC Elevator rules. Sally Elliott

(360) 902-6411

7/21/09 TBD TBD 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 12/22/09 3/23/10 This rule making is a result of HB 1366, which passed the 2009 legislature. The rule making will also make clarifying 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. Sally Elliott

(360) 902-6411

6/2/09 1/19/10 4/6/10 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.
Chapters 296-126 WAC Employment standards. Sally Elliott

(360) 902-6411

6/16/09 11/3/09 1/19/10 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 TBD TBD This rule making is a result of SHB 2602, which passed the 2008 legislature and became effective on April 1, 2008.
Chapter 296-150I WAC Factory assembled structure rules. Sally Elliott

(360) 902-6411

8/18/09 12/22/09 2/2/10 The purpose of this rule making is to review the manufactured housing installer training and certification rules for clarification and technical changes. The amendments will also include fee increases to cover the program's operating expenses.
Chapters 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, and 296-150V WAC Factory assembled structure rules. Sally Elliott

(360) 902-6411

2/3/08 2/2/10 3/23/10 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

7/21/09 2/2/10 3/23/10 This rule making is a result of SHB 1555, which passed the 2009 legislature.
Chapter 296-400A WAC Plumbers certification. Sally Elliott

(360) 902-6411

7/21/09 12/22/09 2/16/09 This rule making is a result of SHB 1055, which passed the 2009 legislature.
DIVISION: Division of Occupational Safety and Health (DOSH)
Chapter 296-24 WAC Acetylene. Cindy Ireland

(360) 902-5522

CR-105

1/5/10

4/20/10 The federal Occupational Safety and Health Administration (OSHA) revised its acetylene standard for general industry by updating references to standards published by standards developing organizations (SDO). DOSH believes that the revisions made to the acetylene standard by this proposal do not compromise the safety of employees, and instead enhances employee protection.
Chapters 296-36 and 296-155 WAC Compressed air. Cindy Ireland

(360) 902-5522

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 Concrete. Cindy Ireland

(360) 902-5522

CR-105

2/2/10

5/18/10 The department is proposing to update the American National Standards Institute (ANSI) reference to the most current edition. The proposed change will update from the 1970 edition to the 1997 edition. The ANSI being updated is A10.9-1997, Concrete and Masonry Work Safety Requirements. In addition, an internal reference will also be updated.
Chapter 296-155 WAC Construction cranes (Phase 1). Cindy Ireland

(360) 902-5522

CR-105

TBD

TBD The department is proposing to make minor corrections to the certification of cranes, accreditation of crane inspectors, and certification of crane operators rule. This rule was originally adopted on November 4, 2008, as a result of ESHB 2171.
Chapter 296-155 WAC Construction cranes (Phase 2). Cindy Ireland

(360) 902-5522

9/16/08 TBD TBD This project is to address the requirements that employers must follow with regard to inspection, maintenance and operation of cranes used in the construction industry. This proposal will replace the existing, out-of-date requirements located in chapter 296-155 WAC, Part L. The department is working with a stakeholder group in the development of this proposal.
Chapter 296-155 WAC Rigging for construction. Cindy Ireland

(360) 902-5522

9/16/08 TBD TBD In addition to updating the current construction crane requirements, the department will be updating the existing, out-of-date rigging requirements located in chapter 296-155 WAC, Part L. The department is working with a stakeholder group in the development of this proposal.
Chapter 296-24 WAC Electrical. Kimberly Johnson

(360) 902-5008

CR-105

3/2/10

6/1/10 The department is proposing to conform our rule to OSHA requirements to be as-effective-as OSHA.
Chapter 296-155 WAC Fall protection. Kimberly Johnson

(360) 902-5008

4/4/06 6/22/10 11/2/10 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 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 296-62 WAC Formaldehyde in labs. Cathy Julian

(360) 902-5401

TBD TBD TBD The department will be adding language to the rule so that our rule will be as enforceable as OSHA's rule.
Chapter 296-800 WAC Hospitalization. Beverly Clark

(360) 902-5516

CR-105

2/2/10

5/18/10 On December 23, 2008, DOSH filed a rule requiring employers to report when one employee is hospitalized due to a workplace illness or incident. Stakeholders expressed concern with the wording that was adopted. DOSH is revising our current rule to further clarify when an employer must report an illness or incident.
Chapters 296-56, 296-304, 296-800 WAC Personal protective equipment (PPE) ANSI. Kim Johnson

(360) 902-5008

CR-105

3/31/09

7/21/09 OSHA has recently revised several of their rules surrounding PPE to incorporate by reference more current versions of national consensus standards. The department is proposing to update our rules to remain as-effective-as OSHA as mandated by statute. These changes will make clear which version of national consensus standards the department will use to enforce PPE requirements.
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 296-878 WAC Window washing. Beverly Clark

(360) 902-5516

CR-105

12/22/09

4/6/10 In 2002, the department rewrote the window cleaning rules for clarity. As part of that process, an allowance from ANSI/ IWCA 1-14.1-2001, Window Cleaning Safety, Section 5.7.12 was omitted from the final rule language. The department proposes to place omitted language pertaining to window washing decent [descent] systems back into the rule.
Washington State Code Reviser's Office