AGENDA
LABOR AND INDUSTRIES
There may be additional rule-making activities not on the agenda as conditions warrant.
Please contact Tamara Jones at (360) 902-6805 or
Tamara.Jones@lni.wa.gov if you have any questions.
January 1 - June 30, 2011
| DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH) | ||||||
| WAC CHAPTER(S) |
RULE SUBJECT | AGENCY CONTACT |
PROPOSED TIMELINE | DESCRIPTION OF CHANGES | ||
| CR-101 | CR-102 | CR-103 | ||||
| All DOSH WACs | DOSH rules overhaul | Beverly Clark DOSH (360) 902-5516 |
Suspended
per Executive Order 10-06 |
TBD | TBD | This rule making will consist of reorganizations and plain language changes. The WISHA advisory committee is urging DOSH to proceed with this work. |
| Chapter
296-24 WAC |
General safety and health standards--Electrical rules | Devin Proctor DOSH (360) 902-5541 |
Suspended
per Executive Order 10-06 |
TBD | TBD | DOSH is required to have rules at-least-as-effective-as the federal Occupational Safety and Health Administration (OSHA). DOSH was notified more than a year ago that there are areas in our electrical section of chapter 296-24 WAC that are considered to be not-at-least-as-effective-as OSHA. While it will be necessary to make these changes, we have proposed to OSHA that this be done once the moratorium is lifted. |
| Chapter
296-32 WAC |
Telecommunications | Beverly Clark DOSH (360) 902-5516 |
Suspended
per Executive Order 10-06 |
TBD | TBD | In 2009, DOSH began working with a telecommunications stakeholder group to develop draft language to update our current telecommunications standard and bring it up to date with industry standards. |
| Chapter
296-54 WAC |
Safety standards for logging | Kimberly
Johnson DOSH (360) 902-5008 |
11/16/10 WSR 10-23-096 |
Suspended
per Executive Order 10-06 |
TBD | The department received several petitions for rule making for the logging standard. The department has accepted the petitions, but will postpone further formal rule making during the moratorium. |
| Chapter 296-155 WAC | Fall protection | Kimberly
Johnson DOSH (360) 902-5008 |
4/4/06 WSR 06-08-085 |
Suspended
per Executive Order 10-06 |
TBD | DOSH has been working with a fall protection ad hoc committee to consolidate the fall protection requirements of the construction safety rules into one coherent set of requirements. In addition, DOSH asked the committee to help identify any technical changes needed due to industry developments and to ensure that any gap in current fall protection would be addressed and rectified by the rule update. |
| Chapter 296-155 WAC | Crane construction (Phase II) | Cindy Ireland DOSH (360) 902-5522 |
9/16/08 WSR 08-19-073 |
6/2011 | 10/2011 | OSHA recently adopted a crane construction rule, effective November 8, 2010. This rule making is to address the requirements that employers must follow with regard to inspection, maintenance, and operation of cranes used in the construction industry. This phase will also include updates to the department's current rigging and personnel lifting requirements. The department may suspend some portions of the rule making that are not required by the federal government or requested by the affected entities. |
| Chapter 296-305 WAC | Firefighting | Kimberly
Johnson DOSH (360) 902-5008 |
11/4/08 WSR 08-22-082 |
8/31/10 WSR 10-18-078 |
1/2011 | OSHA advised the department of a couple areas in the firefighter standards where we are not as-effective-as the federal rules. Stakeholders asked us to look at our firefighter standards and bring them up to date with current consensus standards and practices. |
| Chapter 296-307 WAC | Safety standards in agriculture--REDON fit testing | Devin Proctor DOSH (360) 902-5541 |
N/A | 8/31/10 (CR-105) WSR 10-18-081 |
Suspended
per Executive Order 10-06 |
The department will put respirator requirements for the controlled negative pressure REDON fit testing protocol into the agriculture rule. |
| Chapter 296-800 WAC | Means of egress | Devin Proctor DOSH (360) 902-5541 |
N/A | 10/5/10 (CR-105) WSR 10-20-134 |
2/1/11 | The department is updating its means of egress rule language to make it clear that the minimum ceiling height is 7 feet 6 inches for an exit route. The language will also make it clear that no projection from the ceiling can be less than 6 feet 8 inches from the floor, to be as-effective-as OSHA's equivalent rule. |
| Chapter 296-800 WAC | Accident prevention program | Cathy Julian DOSH (360) 902-5401 |
Suspended
per Executive Order 10-06 |
TBD | TBD | This rule making is to address an inconsistency that currently exists among several rules. Each call for an employer to create an accident prevention program, but have differing requirements for that program. The rule making will clarify the requirements for an accident prevention program, and will provide a single location where these requirements are stated. This will create consistency across the rules, and make it easier for employers to comply. |
| Chapter 296-800 WAC | Emergency washing facilities | Devin Proctor DOSH (360) 902-5541 |
N/A | 8/31/10 (CR-105) WSR 10-18-082 |
Suspended
per Executive Order 10-06 |
This rule making will change the definition of "corrosive” in chapter 296-800 WAC, Safety and health core rules, so that it is identical to the definition of "corrosive” in Table 5 of chapter 296-839 WAC, Content and distribution of material safety data sheets (MSDSs) and label information. A reference also needs updating to reflect the most current American National Standards Institute's emergency eyewash and shower equipment standard. |
| Chapter 296-900 WAC | Monetary penalties | Kimberly
Johnson DOSH (360) 902-5008 |
11/16/10 WSR 10-23-095 |
TBD | TBD | OSHA is changing their policies and procedures for how they assess penalties. The department will be required to modify its rules to ensure they are at-least-as-effective-as OSHA's new policies. |
| DIVISION: INSURANCE SERVICES | ||||||
| WAC CHAPTER(S) |
RULE SUBJECT | AGENCY CONTACT |
PROPOSED TIMELINE | DESCRIPTION OF CHANGES | ||
| CR-101 | CR-102 | CR-103 | ||||
| Chapter 296-14 WAC | Industrial insurance -- Wages | Brian Fordham
Policy and
Quality
Coordination (360) 902-5262 |
4/22/08 WSR 08-09-115 |
Suspended
per Executive Order 10-06 |
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. |
| Chapter
296-14 WAC |
Industrial insurance -- Definitions | Brian Fordham Policy and Quality Coordination (360) 902-5262 |
5/03/05 WSR 05-10-073 |
Suspended
per Executive Order 10-06 |
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 also impact crime victims' compensation. |
| Chapter
296-14 WAC |
Industrial insurance -- Confidentiality of workers' compensation claim files | Brian Fordham Policy and Quality Coordination (360) 902-5262 |
11/16/04 WSR 04-23-080 |
Suspended
per Executive Order 10-06 |
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. |
| Chapter
296-14 WAC |
Industrial insurance -- Worker employment patterns | Brian Fordham Policy and Quality Coordination (360) 902-5262 |
8/21/02 WSR 02-17-108 |
Suspended
per Executive Order 10-06 |
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 also impact crime victims' compensation. |
| Chapter
296-14 WAC |
Industrial insurance -- Pension discount rates and mortality assumptions | Brian Fordham Policy and Quality Coordination (360) 902-5262 |
6/20/01 WSR 01-13-096 |
Suspended
per Executive Order 10-06 |
TBD | This rule making will update the mortality assumptions used to determine pension reserves and actuarial benefit reductions. |
| Chapters
296-14 and
296-15 WAC |
Industrial insurance -- Suppressing workers' compensation claims | Brian Fordham
Policy and
Quality
Coordination (360) 902-5262 |
6/5/07 WSR 07-12-079 |
Suspended
per Executive Order 10-06 |
TBD | This rule making 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. |
| Chapter
296-15 WAC |
Self-insurance--Continuing education requirements for self-insurance claims administrators | Margaret
Conley Self-Insurance (360) 902-6723 |
12/15/09 WSR 10-01-083 |
Suspended
per Executive Order 10-06 |
TBD | In response to a request from the Washington Self-Insurers Association, the purpose of this rule making is to simplify the requirements for recertification of department-approved claims administrators by reducing credit types. |
| Chapter
296-15 WAC |
Self-insurance--Housekeeping changes | Margaret
Conley Self-Insurance (360) 902-6723 |
8/20/08 WSR 08-17-117 |
Suspended
per Executive Order 10-06 |
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
296-15 WAC |
Self-insurance electronic data reporting system (SIEDRS) requirements and penalties | Margaret
Conley Self-Insurance (360) 902-6723 |
Suspended
per Executive Order 10-06 |
TBD | TBD | The purpose of this rule making is to clarify language regarding reporting requirements and penalties as they relate to SIEDRS. |
| Chapter
296-15 WAC |
Reporting Option 2 vocational costs to L&I | Margaret
Conley Self-Insurance (360) 902-6723 |
Suspended
per Executive Order 10-06 |
TBD | TBD | The purpose of this rule making is to clarify the process by which a self-insured employer reports retraining costs for any claims upon which Option 2 benefits have been granted. |
| Chapters 296-17 and 296-17B WAC | Workers' compensation premium rates--2011 | Jo Anne
Attwood Employer Services (360) 902-4777 |
An Emergency CR-103 was filed on
11/16/10 and is effective 1/1/11. WSR 10-23-099 |
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. | ||
| 7/6/10 WSR 10-14-102 |
11/16/10 WSR 10-23-100 |
1/26/11 | ||||
| Chapters 296-17 and 296-17B WAC | Workers' compensation premium rates--2012 | Jo Anne
Attwood Employer Services (360) 902-4777 |
6/2011 | 9/2011 | 11/2011 or 12/2011 | 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. |
| Chapter 296-17B WAC | Retrospective rating | Diane Doherty Retrospective Rating (360) 902-4835 Jo Anne Attwood Employer Services (360) 902-4777 |
TBD | TBD | TBD | This placeholder is for potential rule changes resulting from recommendations from the retrospective rating advisory committee. |
| Chapters
296-17 and
296-17A WAC |
Classification for land surveyors | Karen
Chamberlain Employer Services (360) 902-4772 |
Suspended
per Executive Order 10-06 |
TBD | TBD | This rule making will make changes to the classification for land surveyors, as determined by the results of a classification study. |
| Chapters
296-17 and
296-17A WAC |
Employer services--Housekeeping changes | Jo Anne
Attwood Employer Services (360) 902-4777 |
Suspended
per Executive Order 10-06 |
TBD | TBD | Employer services files a yearly rule making to make housekeeping changes in reporting rules, classifications, and retrospective rating. |
| Chapters
296-17 and
296-17A WAC |
Industrial insurance --Reporting for schools | Jo Anne
Attwood Employer Services (360) 902-4777 |
8/3/10 WSR 10-16-120 |
Suspended
per Executive Order 10-06 |
TBD | This rule making is to update the way school faculty may be reported. |
| Chapter
296-20 WAC |
Permanent partial disability (PPD) impairment--Partial amputation of the finger | Jason McGill Office of the Medical Director (360) 902-4997 Jami Lifka Office of the Medical Director (360) 902-4941 |
Suspended
per Executive Order 10-06 |
TBD | TBD | Currently, RCW 51.32.080(1) specifies the PPD value of an amputation at the joint for upper extremities and lower extremities. It also specifies PPD values for amputation between the joints for upper extremities and lower extremities, but it does not list PPD values for amputation between the joints of the fingers. This leads to inconsistent PPD awards by claim managers. The new rule would specify how examiners determine impairment and specify how the department and self-insurers award PPD. |
| Chapter
296-20 WAC |
Health technology clinical committee (HTCC) decisions | Jason McGill Office of the Medical Director (360) 902-4997 Jami Lifka Office of the Medical Director (360) 902-4941 |
TBD | TBD | TBD | As the HTCC makes decisions, the agency may need to make rule changes to come in line with the decisions. |
| Chapter
296-20 WAC |
Mental health impairment ratings | Jason McGill Office of the Medical Director (360) 902-4997 Jami Lifka Office of the Medical Director (360) 902-4941 |
Suspended
per Executive Order 10-06 |
TBD | TBD | There has been some discussion with external stakeholders for the mental health impairment ratings. However, the department has not yet filed a CR-101, nor has the department made any decisions on what direction to go. |
| Chapter
296-20 WAC |
Pain management for chronic pain | Jason McGill Office of the Medical Director (360) 902-4997 Jami Lifka Office of the Medical Director (360) 902-4941 |
Suspended
per Executive Order 10-06 |
TBD | TBD | During the 2010 legislative session, the department of health (DOH) boards and commissions were mandated to adopt rules that relate to pain management for chronic pain. There may be a need for L&I to amend its opioid rules in response to the DOH rules. |
| Chapter
296-20 WAC |
Medical aid conversion factors | Erik Landaas Health Services Analysis (360) 902-4244 Tom Davis Health Services Analysis (360) 902-6687 |
Suspended
per Executive Order 10-06 |
TBD | TBD | This rule making is to update conversion factors used to determine payments to medical providers. |
| Chapter
296-20 WAC |
Physical therapy rules | Erik Landaas Health Services Analysis (360) 902-4244 Tom Davis Health Services Analysis (360) 902-6687 |
Suspended
per Executive Order 10-06 |
TBD | TBD | This rule making is to update the maximum daily fees payable to physical therapists. |
| Chapter
296-20 WAC |
Occupational therapy rules | Erik Landaas Health Services Analysis (360) 902-4244 Tom Davis Health Services Analysis (360) 902-6687 |
Suspended
per Executive Order 10-06 |
TBD | TBD | This rule making is to update the maximum daily fees payable to occupational therapists. |
| Chapter
296-20 WAC |
Missed medical appointments | Erik Landaas Health Services Analysis (360) 902-4244 Aaron Huff Health Services Analysis (360) 902-4259 |
12/22/09 WSR 10-01-171 |
TBD | TBD | The department of labor and industries is clarifying ambiguity in rules regarding whether providers can charge injured workers for missed appointments. |
| Chapter
296-23 WAC |
Independent medical examinations (IMEs) | Anita Austin Health Services Analysis (360) 902-6825 Kristen Baldwin-Boe Health Services Analysis (360) 902-6815 |
Suspended
per Executive Order 10-06 |
TBD | TBD | The department had
plans to open WAC 296-23-317 and
296-23-337, and most
likely create additional
rules under chapter 296-23 WAC to include
topics such as: • Code of ethics for IME providers (both examiners and IME firms). • Quality measures for the IME examination process. • Impairment rating and case progress consultations. • Ordering IMEs -- What is required from the referral source? • Define issues around IMEs/attending physicians -- Sharing information. |
| Chapter
296-23 WAC |
Provision of medical testimony for independent medical examinations | Gary Walker Health Services Analysis (360) 902-6823 |
Suspended
per Executive Order 10-06 |
TBD | TBD | This rule making will clarify the responsibilities of independent medical examiners regarding providing medical testimony, who can require them to testify, their availability to testify, and whether the L&I fee schedule applies to self-insured as well as state fund cases. |
| DIVISION: SPECIALTY COMPLIANCE SERVICES | ||||||
| WAC CHAPTER(S) |
RULE SUBJECT | AGENCY CONTACT |
PROPOSED TIMELINE | DESCRIPTION OF CHANGES | ||
| CR-101 | CR-102 | CR-103 | ||||
| TBD (new WAC chapter) | Employment standards--Wage violations | Sally Elliott Specialty Compliance Services (360) 902-6411 |
Suspended
per Executive Order 10-06 |
TBD | TBD | This rule making is a result of SHB 3185 (chapter 89, Laws of 2006). 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. |
| Chapter
296-05 WAC |
Apprenticeship rules | Sally Elliott Specialty Compliance Services (360) 902-6411 |
9/22/09 WSR 09-19-123 |
12/13/10 WSR 11-01-082 |
5/3/11 | The rule making amends
the apprenticeship rule
in response to the rules
adopted by the United
States Department of
Labor for the
Apprenticeship
Programs, Labor
Standards for
Registration. The
department is required to
adopt changes to the
apprenticeship rules to
be in compliance with
the new federal rules. In addition, the rule making reviewed Initiative 937, which established an incentive to utilize state registered apprentices when entities construct/build renewable energy projects. The Washington state apprenticeship and training council, under I-937, is tasked with setting the level of apprentice utilization for such projects and verifying that such levels are achieved through a review process. With the growing emphasis on renewable energy resources, the rules are being amended to outline the processes and procedures through which entities can obtain certification of apprentice utilization. |
| Chapter 296-46B WAC | Electrical rules | Sally Elliott Specialty Compliance Services (360) 902-6411 |
9/21/10 WSR 10-19-112 |
3/1/11 | 5/17/11 | The rule making reviews the electrical rules for technical and administrative additions or revisions. The electrical rules are reviewed on a regular basis to ensure the rules are consistent with the national consensus standards and industry practice, to clarify the rules, and for possible housekeeping changes. Pursuant to Executive Order 10-06, the program will move forward with only the electrical trainee piece to be compliant with SHB 2546 (chapter 33, Laws of 2010). |
| Chapter
296-96 WAC |
Elevator rules | Sally Elliott Specialty Compliance Services (360) 902-6411 |
Suspended
per Executive Order 10-06 |
TBD | TBD | The 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. |
| Chapter 296-104 WAC | Board of boiler rules | Sally Elliott Specialty Compliance Services (360) 902-6411 |
7/20/10 WSR 10-15-102 |
10/5/10 WSR 10-20-135 |
Suspended
per Executive Order 10-06 |
The rule making amends
the board of boiler rules
by making clarifying and
technical changes. The
changes will: • Add a definition of a "pool heater" to eliminate confusion for inspectors, owner/users, manufacturers and installers regarding what units are acceptable for service by the jurisdiction. • Adopt the current edition of the ASME Boiler and Pressure Vessel Code. |
| Chapter 296-125 WAC | Employment standards--Child labor rules | Sally Elliott Specialty Compliance Services (360) 902-6411 |
2/19/08 WSR 08-05-107 |
TBD | TBD | The rule making reviews the child labor rules in order to incorporate current administrative policies and federal law. The rules are also being 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 the jeopardy of noncompliance with federal law for Washington employers. Pursuant to Executive Order 10-06, the program will file a new CR-101 to clarify the amendments will reflect federal law. |
| Chapter 296-126 WAC | Employment standards--Meal and rest break rules | Sally Elliott Specialty Compliance Services (360) 902-6411 |
5/19/10 WSR 10-11-121 |
Suspended
per Executive Order 10-06 |
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). |
| Chapter 296-127 WAC | Prevailing wage--Scope of work descriptions for dredge workers, truck drivers, and ready mix truck drivers | Sally Elliott Specialty Compliance Services (360) 902-6411 |
7/20/10 WSR 10-15-107 |
11/2/10 WSR 10-22-104 CR-102 was Withdrawn on 12/2/10 WSR 11-01-008 New CR-102 Suspended per Executive Order 10-06 |
TBD | The rule-making drafts wage rates for several job classifications but no corresponding scope of work descriptions. The rule making will adopt scope of work descriptions for dredge workers, truck drivers, and ready mix truck drivers. |
| Chapter 296-127 WAC | Prevailing wage | Sally Elliott Specialty Compliance Services (360) 902-6411 |
6/16/09 WSR 09-13-077 |
5/18/10 WSR 10-11-116 |
Suspended
per Executive Order 10-06 |
The rule making reviews
prevailing wage rules,
which have not gone
through a
comprehensive review
since the early 90s.
Amendments will be
made to reflect: • Reflect court decisions; • Integrate administrative policies; • Streamline current processes; • Create consistency with the statute; and • Make housekeeping changes. |
| Chapter 296-127 WAC | Prevailing wage--Scope of work descriptions for utilities construction and laborers in utilities construction | Sally Elliott Specialty Compliance Services (360) 902-6411 |
8/16/10 WSR 10-17-087 |
Suspended
per Executive Order 10-06 |
TBD | The department received rule-making petitions to repeal the scope of work definitions for utilities construction and laborers in utilities construction. The petitions state the repeal of these scopes of work would eliminate confusion for wage survey respondents, would allow the department to calculate a more accurate wage rate, and would be consistent with references from the federal Davis Bacon Act. |
| Chapter 296-127 WAC | Prevailing wage--Scope of work description for fabricated precast concrete products | Sally Elliott Specialty Compliance Services (360) 902-6411 |
Suspended
per Executive Order 10-06 |
TBD | TBD | The department is currently working with the prevailing wage advisory committee on the scope of work definition for fabricated precast concrete products. |
| Chapters 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, and 296-150V WAC | Factory assembled structures | Sally Elliott Specialty Compliance Services (360) 902-6411 |
9/22/09 WSR 09-19-121 |
9/1/10 WSR 10-18-103 |
Suspended
per Executive Order 10-06 |
The rule making reviews the factory assembled structure rules on a regular basis to ensure the rules are consistent with industry practice, for clarification, and for possible housekeeping changes. The rules need to be amended to reflect current code references and in response to internal audit findings. |
| Chapter 296-200A WAC | Contractor certificate of registration | Sally Elliott Specialty Compliance Services (360) 902-6411 |
7/6/10 WSR 10-14-103 |
Suspended
per Executive Order 10-06 |
TBD | The rule making reviews the contractor registration rules to ensure consistency with industry practice and clarity of language. The rule making will make housekeeping changes and update language for clarity and consistency with industry practices. |
Tamara Jones
Assistant Director for Legislative and
Government Affairs/Rules Coordinator