WSR 10-15-022

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 9, 2010, 3:03 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 through December 31, 2010.

There may be additional rule-making activities not on the agenda as conditions warrant.

Please contact Naomi Goodman at (360) 902-4211 or goon235@lni.wa.gov if you have any questions.


Semi-Annual Rules Development Agenda

July 1 - December 31, 2010



DIVISION: INSURANCE SERVICES
WAC CHAPTER(S) RULE SUBJECT AGENCY CONTACT PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
296-20

296-21

296-23

296-23A

296-23B

Implementing any health technology clinical committee (HTCC) decision that would need to be adopted by rule. Rule adoption: Jami Lifka

Office of the Medical Director

(360) 902-4941


Questions on the HTCC program: Josh Morse

Office of the Medical Director

(360) 902-5026

TBD TBD TBD The subjects HTCC will consider in 2010 include the following selected technologies:

1. Vertebroplasty/

kyphoplasty/sacroplasty

2. Spinal cord stimulation

3. Breast MRI

4. Hyaluronic acid

5. MRI or CT for the abdomen/pelvis

6. Routine ultrasound for pregnancy

7. ABA therapy for autism

8. Spinal injections

9. Knee surgery - replacement.

296-20

296-21

Psychiatric services. Jami Lifka

Office of the Medical Director

(360) 902-4941

11/2010 TBD TBD This rule making is to consider possible changes to psychiatric services for injured workers.
296-20

296-21

296-23

296-23A

296-23B

Housekeeping rules. Jami Lifka

Office of the Medical Director

(360) 902-4941

10/2010 TBD TBD This rule making is to consider possible housekeeping changes to the listed WAC chapters.
296-23 Responsibilities of independent medical examination providers. Gary Walker

Health Services

Analysis

(360) 902-6823

8/31/10 1/31/11 3/1/11 Clarifies responsibilities regarding payment for medical testimony.
296-17

296-17A

Industrial insurance -- Reporting for schools. Jo Anne Attwood

Employer Services

(360) 902-4777

7/20/10 9/3/10 11/17/10 This rule making is to update reporting requirements to clarify schools may report contract personnel in a specific manner. It will also update school classifications to include reference to the reporting rule.
296-17 Industrial insurance -- 2011 rates. Jo Anne Attwood

Employer Services

(360) 902-4777

7/6/10

WSR

10-14-102

9/22/10 11/30/10 L&I is required by law to establish and maintain a workers' compensation classification plan and to set premium rates that are the lowest necessary to maintain actuarial solvency of the accident and medical aid funds and are designed to attempt to limit fluctuations in premium rates. The plan must be consistent with recognized principles of insurance. L&I is also required by law to offer retrospective rating plans to employers as a further incentive to encourage workplace safety and prevent employee injury.
296-31 Crime victims compensation--Registered mental health counselors. Janice Deal

Crime Victims Compensation

(360) 902-5369

N/A 4/20/10

(CR-105)

WSR

10-09-087

7/6/10

WSR

10-14-101

L&I's WAC 296-31-030 (2) and (3) refer to the "registered" counselor profession. The purpose of this rule making is to remove the "registered" counselor from the list of professions eligible to treat under the Crime Victims Act.
2SHB 2674 (chapter 135, Laws of 2008) required the department of health (DOH) to eliminate the "registered" counselor credential as a licensed profession by July 1, 2010. The registered counselor profession was divided into eight new categories of fully-credentialed and precredential status health professionals.
DOH stopped issuing licenses for registered counselors on July 1, 2009. By amending WAC 296-31-030, the L&I's crime victims' compensation program will ensure consistency with the licensing requirements of DOH.
296-23 Independent medical examinations. Anita Austin

Health Services Analysis

(360) 902-6825

6/23/10

WSR

10-13-165

8/18/10 12/10/10 Our rules require board certification for providers to perform independent medical exams. This applies to all medical, osteopathic, and podiatric physicians as well as dentists. Because only dentists with specialties are board certified, we must change the rules to allow those in general dentistry to remain on the approved examiner list.
296-17

296-17A

Industrial insurance -- Farm interns. Julee Gronley

Employer Services

(360) 902-4726

5/5/10

WSR

10-10-122

6/22/10

WSR

10-13-135

8/9/10 This rule making is to create classifications, rates, and reporting rules for the farm internship program established by 2010 legislation. The program is housed in L&I's employment standards program.
296-17A Industrial insurance -- Classifications housekeeping. Jo Anne Attwood

Employer Services

(360) 902-4777

4/21/10

WSR

10-09-101

6/22/10

WSR

10-13-139

8/24/10 This rule making is to make updates and corrections to various classifications, clarifying language or correcting references and errors.
296-17A Industrial insurance -- Construction classification reporting. Richard Bredeson

Employer Services

(360) 902-4985

2/2/10

WSR

10-04-096

6/22/10

WSR

10-13-133

10/20/10 This rule making is to allow a division of hours by project for a construction classification.
296-17 Industrial insurance -- Sports team reporting. Richard Bredeson

Employer Services

(360) 902-4985

2/16/10

WSR

10-05-098

5/25/10

WSR

10-12-036

10/20/10 This rule making will simplify administration of coverage agreements for sport teams.
296-20 Travel expense. Bob Mayer

Health Services Analysis

(360) 902-5021

12/22/09

WSR

10-01-169

2/16/10

(Original)

WSR

10-05-097


5/18/10

(Supplemental)

WSR

10-11-106

7/20/10 Changes payment method for reimbursing worker travel mileage.
296-30 Crime victims compensation--Controlling law. Janice Deal

Crime Victims Compensation

(360) 902-5369

5/18/10

WSR

10-11-101

7/20/10 9/21/10 The purpose of this rule making is to amend WAC 296-30-900 to meet the conditions of E2SSB 6504 (chapter 122, Laws of 2010). WAC 296-30-900 establishes that the statute in effect when the criminal act occurred is the controlling law. E2SSB 6504 sets maximum benefit levels and makes new benefit reductions retroactive to all claims with dates of criminal acts on or after July 1, 1981. In order to be in compliance with the requirements of the law, WAC 296-30-900 must be amended to refer to E2SSB 6504.
296-15 Self-insurance second injury fund. Margaret Conley

Self-Insurance

(360) 902-6723

5/4/10

WSR

10-10-106

8/4/10 10/5/10 This rule making is in response to a petition for rule making. Modifications to WAC 296-15-225 will require the department to experience rate one hundred percent of the second injury fund for self-insured employers.
296-17A Industrial insurance -- Chore services. Jo Anne Attwood

Employer Services

(360) 902-4777

N/A 4/20/10

(CR-105)

WSR

10-09-086

8/3/10 This rule making is to allow chore services workers for community action councils to be reported in classification 6511 Chore workers.
296-19A Vocational rehabilitation. Brian Fordham

Policy and Quality Coordination

(360) 902-5262

3/24/10

WSR

10-07-164

8/3/10 10/30/10 This rule making is to consider input on amendments of WAC 296-19A-210 (1)(b) and (4)(c), which relate to the deadline by which vocational rehabilitation counselors must be certified in order to continue to provide services to Washington injured workers.
296-17 Industrial insurance -- Retrospective rating. Diane Doherty

Retrospective Rating

(360) 902-4835

3/23/10

WSR

10-07-127

TBD TBD This rule making is to repeal existing retro rules and create new chapter 296-17B WAC to accommodate overall changes to the retro rules.
296-20 Missed appointments. Aaron Huff

Health Services Analyst

(360) 902-4259

12/22/09

WSR

10-01-171

8/12/10 9/13/10 Clarifies whether providers can or cannot charge injured workers for missed appointments.
296-15 Continuing education requirements. Margaret Conley

Self-Insurance

(360) 902-6723

12/15/09

WSR

10-01-083

8/2010 9/2010 The purpose of this rule making is to simplify the requirements for recertification of department-approved claims administrators by removing credit types.
296-15 Self-insurance housekeeping. Margaret Conley

Self-Insurance

(360) 902-6723

8/20/08

WSR

08-17-117

12/2010 2/2011 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."
296-14 Industrial insurance -- Wages. Brian Fordham

Policy and Quality Coordination

(360) 902-5262

4/22/08

WSR

08-09-115

TBD TBD This rule making will amend existing rules for consistency with SHB 1244 (chapter 297, Laws of 2007). A new rule will be added to clarify when the value of health care benefits is included in determining the worker's monthly wage.
296-14

296-15

Industrial insurance -- Suppressing workers' compensation claims. Brian Fordham

Policy and Quality Coordination

(360) 902-5262

6/5/07

WSR

07-12-079

TBD TBD The proposed rules will assist in the implementation of SSB 5443 (chapter 77, Laws of 2007). 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.
296-14 Industrial insurance -- Definitions. Brian Fordham

Policy and Quality Coordination

(360) 902-5262

5/3/05

WSR

05-10-073

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.
296-14 Industrial insurance -- Confidentiality of workers' compensation claim files. Brian Fordham

Policy and Quality Coordination

(360) 902-5262

11/16/04

WSR

04-23-080

TBD TBD This rule making will define the responsibility of employers, workers, and other parties who have access to workers' compensation claim files for confidentiality and release of claim information.
296-14 Industrial insurance -- Worker employment patterns. Brian Fordham

Policy and Quality Coordination

(360) 902-5262

8/21/02

WSR

02-17-108

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.
296-14 Industrial insurance -- Pension discount rates and mortality assumptions. Brian Fordham

Policy and Quality Coordination

(360) 902-5262

6/20/01

WSR

01-13-096

TBD TBD This rule making will update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.

DIVISION: SPECIALTY COMPLIANCE SERVICES
WAC CHAPTER(S) RULE SUBJECT AGENCY CONTACT PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
296-96 Elevator rules. Sally Elliott

Specialty Compliance Services

(360) 902-6411

11/23/10 3/2011 5/2011 This rule making is a result of SHB 1055 (chapter 36, Laws of 2009). The rule making will also review the elevator rules for additions and revisions. The elevator 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.
296-46B Electrical rules. Sally Elliott

Specialty Compliance Services

(360) 902-6411

9/21/10 3/2011 5/2011 The department will review 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 and industry practice and to clarify the rules as needed.
296-125 Nonagricultural employment of minors. Sally Elliott

Specialty Compliance Services

(360) 902-6411

8/3/10 TBD TBD The purpose of the rule making is to incorporate current administrative policies into the child labor rules at the request of stakeholders. The rules were also reviewed and amended for clarity and ease of use. A number of changes are necessary to update the state regulations to be compatible with federal law and to remove jeopardy for Washington employers. Various drafts of the proposed changes have been circulated to stakeholders over the last several years and revisions made according to suggestions made during that process.
296-150C

296-150F

296-150M

296-150P

296-150R

296-150T

296-150V

Factory assembled structure fee increase. Sally Elliott

Specialty Compliance Services

(360) 902-6411

8/3/10 TBD TBD ESHB 1244 (chapter 564, Laws of 2009) gave the department the authority to raise fees for the factory assembled structures program in order to cover the program's operating expenses. The purpose of this rule making is to increase the factory assembled structure fees in order to cover the costs for ongoing services for the program.
296-104 Board of boiler rules. Sally Elliott

Specialty Compliance Services

(360) 902-6411

7/20/10 10/5/10 11/17/10 The rule making will 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.
296-127 Prevailing wage -- Scopes of work. Sally Elliott

Specialty Compliance Services

(360) 902-6411

7/20/10 9/21/10 11/30/10 The department is developing scope of work descriptions for job classifications that have a wage rate but no scope of work. This rule making will adopt scope of work definitions for dredge workers, truck drivers, and ready mix truck drivers.
296-135 Domestic violence. Sally Elliott

Specialty Compliance Services

(360) 902-6411

8/19/08

WSR

08-17-068

4/20/10

WSR

10-09-090

7/6/10

WSR

10-14-099

This rule making is a result of SHB 2602 (chapter 286, Laws of 2008), which 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. Rules are needed to administer and enforce SHB 2602.
296-200A Contractor certificate of registration. Sally Elliott

Specialty Compliance Services

(360) 902-6411

7/6/10

WSR

10-14-103

8/31/10 11/16/10 This rule making is a result [of] SHB 1555 (chapter 432, Laws of 2009). The legislation amended the contractor registration law to require contractors to maintain a list of subcontractors on the jobsite. The rule making will also clarify the scope of work definitions and clarify the requirements for an assignment of saving account.
296-46B Electrical fee increase. Sally Elliott

Specialty Compliance Services

(360) 902-6411

2/17/10

WSR

10-05-108


5/4/10

WSR

10-10-105

6/22/10

WSR

10-13-134

8/17/10 ESHB 1244 (chapter 564, Laws of 2009) gave the department the authority to raise fees for the electrical program in order to cover the program's operating expenses. The purpose of this rule making is to increase the electrical fees in order to cover the costs for ongoing services for the electrical program.
296-05 Apprenticeship rules. Sally Elliott

Specialty Compliance Services

(360) 902-6411

9/22/09

WSR

09-19-123


6/1/10

WSR

10-12-088

11/2010 2/2011 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.
In the CR-101 filed June 1, 2010, the department, on behalf of the Washington state apprenticeship and training council (WSATC), entered into rule writing to define due process regarding recently passed legislation (ESSB 5873 (chapter 197, Laws of 2009)) that put in place sanctions for noncompliance by employer training agents. The WSATC was directed in the legislation to develop rules for implementation.
296-126 Meal and rest period. Sally Elliott

Specialty Compliance Services

(360) 902-6411

5/19/10

WSR

10-11-121

TBD TBD The rule making is to clarify the meal and rest break rules as a result of current law such as Wingert v. Yellow Freight, 146 Wn.2d 841 (2002) and Alvarez v. IBP, 339 F.3d 894 (9th Cir. 2003). The rule making is to potentially address the department's interpretation and enforcement position on various aspects of the regulation, most of which are covered in the current policy, ES.C.6, as well as to address concerns expressed by employers and employees, including concerns regarding intermittent breaks. Rule making is needed so that employees and employers understand their rights and duties, respectively, for meal and rest periods.
296-127 Prevailing wage. Sally Elliott

Specialty Compliance Services

(360) 902-6411

6/16/09

WSR

09-13-077

5/18/10

WSR

10-11-116

8/17/10 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.
296-150C

296-150F

296-150M

296-150P

296-150R

296-150T

296-150V

Factory assembled structure rules. Sally Elliott

Specialty Compliance Services

(360) 902-6411

9/22/09

WSR

09-19-121

8/17/10 TBD The purpose of this rule making is to review the factory assembled structure rules for clarification and technical changes.

DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
WAC CHAPTER(S) RULE SUBJECT AGENCY CONTACT PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
296-24 Electrical. Kimberly Johnson

DOSH

(360) 902-5008

TBD TBD TBD The department is proposing to conform our rule to OSHA requirements to be as-effective-as OSHA.
296-32 Telecommunications. Beverly Clark

DOSH

(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.
296-62 Hexavalent chromium. Beverly Clark

DOSH

(360) 902-5516

TBD TBD TBD The department is proposing to conform our rule to OSHA requirements to be as-effective-as OSHA.
296-155 Steel erection. Cindy Ireland

DOSH

(360) 902-5522

TBD TBD TBD The department is proposing to conform our rule to OSHA requirements to be as-effective-as OSHA.
296-52 Explosives. Devin Proctor

DOSH

(360) 902-5541

7/16/10

WSR

10-14-104

8/13/10 11/30/10 The department is adding language to require those who store explosives to notify their local fire safety authority every year.
296-62 Formaldehyde in labs. Cathy Julian

DOSH

(360) 902-5401

N/A 4/20/10

(CR-105)

WSR

10-09-093

7/20/10 The department will be adding language to the rule so that our rule will be as-enforceable-as OSHA's rule.
296-305 Fire fighting. Kim Johnson

(360) 902-5008

11/4/08

WSR

08-22-082

TBD TBD The firefighting 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.
296-155 Construction cranes (Phase 2). Cindy Ireland

DOSH

(360) 902-5522

9/16/08

WSR

08-19-073

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.
296-155 Rigging for construction. Cindy Ireland

DOSH

(360) 902-5522

9/16/08

WSR

08-19-073

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.
296-155 Fall protection. Kimberly Johnson

DOSH

(360) 902-5008

4/4/06

WSR

06/08/085

TBD TBD 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. The survey has been sent and we are in the process of evaluating the survey responses.

Naomi Goodman

Acting Legislative

and Rules Manager

Washington State Code Reviser's Office