WSR 14-04-083
AGENDA
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed January 31, 2014, 3:38 p.m.]
Pursuant to RCW 34.05.314, following is the department of labor and industries' semi-annual rules development agenda for January 1 through June 30, 2014.
There may be additional rule-making activities not on the agenda as conditions warrant.
Please contact Suchi Sharma at (360) 902-6744 or shuchi.sharma@lni.wa.gov if you have any questions.
Semi-Annual Rules Development Agenda
January 1 - June 30, 2014
WAC
CHAPTER(S)
RULE
SUBJECT
AGENCY
CONTACT
PROPOSED TIMELINE
BRIEF DESCRIPTION
OF CHANGES
CR-101
CR-102
CR-103
DIVISION: ADMINISTRATIVE SERVICES
296-06
Public records.
Angie Wharton
Public Records
(360) 902-5542
TBD
TBD
TBD
This rule making will update the public record WAC with the current agency organizational information, statutory references, web links, and records request information.
DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
All DOSH WACs
eRules.
Cathy Julian
DOSH
(360) 902-5401
(CR-105 filed 6/18/13, objection received)
WSR
13-13-064
12/17/13
WSR
14-01-088
4/22/14
Reorganize, renumber, make plain language changes, and easier e-access via smart phones, etc.
296-32
Safety standards for telecommunications.
Cindy Ireland
DOSH
(360) 902-5522
8/6/13
WSR
13-16-084
TBD
TBD
Update current telecommunications standard and bring it up to date with industry standards.
296-36
296-155, Part Q
Safety standards—Compressed air work.
Cindy Ireland
DOSH
(360) 902-5522
9/18/12
WSR
12-19-075
TBD
TBD
Update current rules related to compressed air work based on industry developments and technology.
296-37
Standards for commercial diving operations.
Cindy Ireland
DOSH
(360) 902-5522
TBD
TBD
TBD
Consider updating rule in response to recent accidents.
296-45
Safety standards for electrical workers (helicopters).
Tari Enos
DOSH
(360) 902-5541
3/5/13
WSR
13-06-055
TBD
TBD
Address for the first time safety standards addressed for lineman working from a basket attached to a helicopter.
296-56
Head protection.
Tari Enos
DOSH
(360) 902-5541
N/A
(CR-105)
9/3/13
WSR
13-18-064
1/7/14
WSR
14-03-013
Initiate rule making in response to OSHA rule change. Discussions underway regarding type and scope of rule making needed.
296-307
Safety standards in agriculture—Incorporate global harmonization rule.
Tari Enos/
Cindy Ireland
DOSH
(360) 902-5541
TBD
TBD
TBD
Incorporate global harmonization rule into agriculture rules.
296-901
Globally harmonized system (GHS) for hazard communication—PHASE 2.
Tari Enos/
Cindy Ireland
DOSH
(360) 902-5541
5/21/13
WSR
13-11-109
11/4/13
WSR
13-22-063
TBD - Spring 2014
Align over thirty WACs with GHS and incorporate additional OSHA rule changes made on February 8, 2013. Phase 2 of 2.
296-78
Lockout/tagout sawmills.
Tari Enos
DOSH
(360) 902-5541
3/5/14
TBD
TBD
Add reference to chapter 296-803 WAC in response to petition request.
296-900
DOSH penalty calculations.
Cindy Ireland/
Tari Enos
DOSH
(360) 902-5522
3/18/14
5/20/14
8/19/14
Resurrecting prior penalties calculation rule making to comply w/OSHA. Conducting additional stakeholdering before filing CR-101.
296-52
Explosives.
Tari Enos
DOSH
(360) 902-5541
 
CR-105
12/3/13
WSR
13-24-094
3/24/14
Expedited rule making to address new Washington state statutory requirement.
DIVISION: FIELD SERVICES AND PUBLIC SAFETY
296-46B
Electrical safety standards, administration, and installation.
Alicia Curry
Electrical Program
(360) 902-6244
9/24/13
WSR
13-20-033
2/18/14
5/20/14
Adopt new safety code requirements from the 2014 edition of the National Electrical Code (NEC) and other proposals. The 2014 NEC was adopted by the department on March 1, 2013, to replace the current 2008 NEC standards and will become effective on July 1, 2014.
296-96
Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances.
Alicia Curry
Field Services and
Public Safety
(360) 902-6244
8/20/13
WSR
13-17-102
11/27/13
WSR
13-24-066
2/26/14
Increase the elevator fees by 13.1 percent following legislative approval for fee increase.
296-96-00904
What must you do to become and remain a licensed elevator contractor?
Alicia Curry
Field Services and
Public Safety
(360) 902-6244
N/A
(CR-105)
3/5/14
5/21/14
Correct a word error that occurred when adopting the annual fee increase.
296-150M
Manufactured homes.
Alicia Curry
Field Services and
Public Safety
(360) 902-6244
TBD
TBD
TBD
Make housekeeping changes and update language for clarity and consistency with industry practices.
DIVISION: FRAUD PREVENTION AND LABOR STANDARDS
296-05
Apprenticeship rules.
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Make the final rule changes in response to the federal review to align the rules with the federal rules. Currently awaiting federal direction before proceeding.
296-127
Prevailing wage.
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Rule making will:
•  Reflect court decisions;
•  Integrate administrative
   policies;
•  Streamline current processes;
•  Create consistency with the
   statute; and
•  Make housekeeping changes.
296-127
Prevailing wage—Scope of work descriptions for dredge workers, truck drivers, and ready mix truck drivers.
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Adopt scope of work descriptions for dredge workers, truck drivers, and ready mix drivers.
296-127
Prevailing wage—Scope of work description for fabricated precast concrete products.
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Define the scope of work for fabricated precast concrete products.
296-127
Prevailing wage—Scope of work descriptions for utilities construction and laborers in utilities construction.
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
8/16/10
WSR
10-17-087
TBD
TBD
Repeal scope of work definitions for utilities construction and laborers in utilities construction.
296-150M
Manufactured homes.
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Make housekeeping changes and update language for clarity and consistency.
296-200A
Contractor certificate of registration renewals—Security—Insurance.
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Make housekeeping changes and update language for clarity and consistency with industry practices. Clarify definitions.
296-400A
Plumber certification rules.
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Make housekeeping changes and update language for clarity and consistency with industry practices.
DIVISION: INSURANCE SERVICES—EMPLOYER SERVICES
296-17 and 296-17B
2015 Workers' compensation premium rates.
Jo Anne Attwood
902-4777
6/17/14
9/16/14
11/25/14
Set rates for 2015 Workers' compensation insurance.
296-17A
Classifications for tree services.
Dick Bredeson
902-4985
TBD
TBD
TBD
Consider creating separate classifications for tree trimmers.
296-17A
Classifications for schools and churches.
Dick Bredeson
902-4985
TBD
TBD
TBD
Consider creating separate classifications for schools and churches. Presently they are subclassifications of the same basic classification.
296-17A
General classification rules:
  • Salons/spas
  • Optical stores
  • Reforestation
  • Agriculture
Dick Bredeson
902-4985
TBD
TBD
TBD
Reorganize multiple classifications to better address like business exposures.
Reformat classifications for clarity.
Collapse subclassifications where appropriate.
296-17
Multiple classifications reporting.
Colleen Nelson
902-4773
9/3/13
WSR
13-18-061
1/21/14
WSR
14-03-111
5/30/14
Clarify existing rules on when employers qualify for multiple basic classifications.
296-17B
Retrospective rating.
Diane Doherty
902-5903
11/5/13
WSR
13-22-071
TBD
TBD
Address extending requirements for businesses that enroll in individual retro plans and revising enrollment requirements for businesses under common majority ownership.
296-17B
Retrospective rating.
Diane Doherty
902-5903
11/5/13
WSR
13-22-072
4/1/14
TBD
Ensure that retro and nonretro employers continue to fund the same percentage of their claim costs and that retro refunds are distributed fairly among employers in retro.
296-17A
Agriculture classification rules, WAC 296-17A-4802 through 296-17A-4813.
Karen Chamberlain
902-4772
5/6/14
7/22/14
1/6/15
Clarifying and plain talk the agriculture rules. It is not anticipated this will result in any reclassifying of accounts.
296-17A
Reforestation classification rules, WAC 296-17A-1007, 296-17A-5004, 296-17A-5006.
Karen Chamberlain
902-4772
5/6/14
7/22/14
1/6/15
Combe [Combine] some very small reforestation subclassifications into larger and more credible groupings. Rates will not change, businesses will be reassigned to new subclassifications at the same rate.
296-17A
Opticians, WAC 296-17A-6109.
Dick Bredeson
902-4985
5/6/14
7/22/14
1/6/15
Reclassify opticians who also sell eyewear into the optical store classification. Align with NCCI rules. It will result in moving many optician businesses from classification 6109 to the lower rated classification 6308.
296-17A
Spas, WAC 296-17A-6109, 296-17A-6204, 296-17A-6501.
Julia Sweeney
902-4799
5/6/14
7/22/14
1/6/15
Codify existing classification policy that is currently in an advisement.
296-17A
Sports teams, WAC 296-17A-6706, 296-17A-6707, 296-17A-6809, 296-17A-7102.
Richard Bredeson
902-4985
5/6/14
7/22/14
1/6/15
Codify an earlier agreement between professional sports teams and the department to allow coaches and managers to be reported in a lower rated classification in the off-season.
DIVISION: INSURANCE SERVICES—HEALTH SERVICES ANALYSIS
296-20
296-23
Medical aid conversion
factors, physical therapy
rules, and occupational
therapy rules.
Erik Landaas
Health Services
Analysis
(360) 902-4244
Tom Davis
Health Services
Analysis
(360) 902-6687
12/17/13
WSR
14-01-087
2/14
4/14
Update conversion factors used to determine payments to medical providers, and to update the maximum daily fees payable to physical and occupational therapists.
DIVISION: INSURANCE SERVICES—LEGAL SERVICES
296-14
Confidentiality of workers' compensation claim files.
Mark Rosen
Legal Services
(360) 902- 6042
11/16/04
WSR
04-23-080
TBD
TBD
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
Definition of temporary partial disability (loss of earning power).
Mark Rosen
Legal Services
(360) 902- 6042
1/2/13
WSR
13-02-092
TBD
TBD
Amend the definition of temporary partial disability (loss of earning power) in the medical aid rules and add a corresponding definition in the industrial insurance rules.
296-14
Pension discount rates and mortality assumptions.
Mark Rosen
Legal Services
(360) 902- 6042
6/20/01
WSR
01-13-096
TBD
TBD
Update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
296-14
Wages.
Mark Rosen
Legal Services
(360) 902- 6042
4/22/08
WSR
08-09-115
TBD
TBD
Amend existing rules for consistency with RCW 51.08.178 (2007 SHB 1244). In addition, 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
Suppressing workers' compensation claims.
Mark Rosen
Legal Services
(360) 902- 6042
6/5/07
WSR
07-12-079
TBD
TBD
Define "bona fide workplace safety," "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.
DIVISION: INSURANCE SERVICES—SELF-INSURANCE
296-15
Penalties owed by the self-insured employer resulting from delay or failure to authorize and pay benefits.
Natalee Fillinger
Self-Insurance
(360) 902-6907
11/19/13
WSR
13-23-077
TBD
TBD
Consider adopting rules regarding penalties, to define what information is required to constitute a request for penalty and what response is required from the self-insured employer.
296-15
Certified claims administrators and continuing education requirements.
Natalee Fillinger
Self-Insurance
(360) 902-6907
3/19/13
WSR
13-07-060
10/23/13
WSR
13-21-147
1/2/14
WSR
14-02-121
Define the term "certified claims administrator" and reclassify some continuing education credits to a "general education" category.
Suchi Sharma
Senior Policy Advisor
and Rules Coordinator