WSR 14-14-032
AGENDA
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed June 24, 2014, 8:44 a.m.]
Pursuant to RCW 34.05.314, following is the department of labor and industries' semi-annual rules development agenda for July 1 through December 31, 2014.
There may be additional rule-making activities not on the agenda as conditions warrant.
Please contact Suchi Sharma at (360) 902-6744 or suchi.sharma@lni.wa.gov if you have any questions.
Semi-Annual Rules Development Agenda
July 1 - December 31, 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
Updating the public record WACs with the current agency organizational information, statutory references, web links, and records request information.
DIVISION: FINANCIAL MANAGEMENT: CRIME VICTIMS COMPENSATION
296-30 and 296-31
Admin of CVC
Maty Brimmer
CVC
(360) 902-6707
TBD
TBD
TBD
 
DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
296-307 Parts Y-1 and Y-2
Global harmonization of chapter 296-307 WAC, Safety standards for agriculture
Tari Enos
DOSH Standards
(360) 902-5541
6/3/14
After
7/18/14
TBD
Adopting new hazard communication rules as a result of federal OSHA requirements. Reference to the new rules (see WAC 296-901-140) will be adopted into chapter 296-307 WAC, Safety standards for agriculture. The current WAC 296-307-550 to 296-307-56050 Part Y-1 and Y-2 will remain in chapter 296-307 WAC until repealed, along with the general industry equivalent in accordance with the implementation dates set forth in WAC 296-901-140.
296-62
Clarifying chapter 296-62 WAC, General occupational health standards, relating to hazardous drugs
Tari Enos
DOSH Standards
(360) 902-5541
5/6/14
After
6/20/14
TBD
Amending sections of chapter 296-62 WAC relating to hazardous drugs for increased clarification, streamlining and conforming to the federal global harmonization rule requirements.
296-807, 296-817, 296-823, 296-826, 296-865, 296-869, 296-870 and 296-874
eRules filing package 2
Tari Enos
DOSH Standards
(360) 902-5541
7/22/14
After
9/5/14
TBD
Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-78
Safety standards for sawmills and woodworking operations
Tari Enos
DOSH Standards
(360) 902-5541
4/22/14
After
6/6/14
TBD
Amending WAC 296-78-71503 to align the lockout/tagout requirements with those of chapter 296-803 WAC, Control of hazardous records, to provide a greater level of protection for similar hazards and potential exposures.
296-45
Safety standards for electrical workers (helicopters/high voltage)
Tari Enos
DOSH Standards
(360) 902-5541
3/5/13
TBD
TBD
Updating the safety requirements in chapter 296-45 WAC that relate to electrical work with helicopter assistance.
296-307, Parts L and L-1
Temporary worker housing
Tari Enos
DOSH Standards
(360) 902-5541
6/17/14
After
8/1/14
 
Updating chapter 296-307 WAC, Parts L and L-1, to be consistent with department of health rule making related to temporary worker housing.
296-32
Safety standards for telecommunications
Cindy Ireland
DOSH Standards
(360) 902-5522
8/6/13
TBD
TBD
Updating current telecommunications standard and bring it up to date with industry standards.
296-36,
296-155, Part Q
Safety standardsCompressed air work
Cindy Ireland
DOSH Standards
(360) 902-5522
9/18/12
TBD
TBD
Updating current rules related to compressed air work based on industry developments and technology.
296-900
DOSH penalty calculations
Cindy Ireland
DOSH Standards
(360) 902-5522
4/22/14
9/30/14
12/16/14
Updating rules relating to penalties. The rule making is in response to federal changes in policy and mandated measures for calculating penalties. In October 2010, OSHA changed its policies for calculating penalties to require that the average penalty for serious violations (private sector employers only) be within +/- 25% of the three year national average. In October 2012, OSHA updated the state activities mandated measures (SAMM) Report to require state plan states to meet its new measures for calculating penalties.
Additional stakeholder meetings being conducted before filing CR-102.
296-45
Safety standards for electrical workers
Cindy Ireland
DOSH Standards
(360) 902-5522
TBD
TBD
TBD
Amending chapter 296-45 WAC to comply with changes in OSHA 29 C.F.R. Parts 1910 Electric Power Generation, Transmission and Distribution and 1926 Subpart V Power Transmission and Distribution.
DIVISION: FIELD SERVICES AND PUBLIC SAFETY
296-150M
Manufactured homes
Alicia Curry
FAS Program
(360) 902-6244
8/14
TBD
TBD
Amending WAC 296-150M-0306 for alterations of manufactured/mobile homes to update the building, mechanical and plumbing code requirements, based upon a review of the rules and stakeholder requests. This rule making is necessary to adopt the most technologically innovative standards for manufactured/mobile homes to allow the use of new technology and installations to adhere to present day standards used by the industry.
296-49A
Director's factory assembled structures advisory board
Alicia Curry
FAS Program
(360) 902-6244
8/14
TBD
TBD
Eliminating obsolete rules pertaining to the factory assembled structures advisory board to reflect current practice.
296-46B,
296-200A
Electrical safety standards, administration, and installation contractor certificate of registration renewalsSecurityInsurance
Alicia Curry
Electrical Program/ Contractor Registration
(360) 902-6244
TBD
TBD
TBD
Amending the electrical and contractor rules pertaining to appeal bonds to comply with SHB 2146 that passed the legislature in 2014.
DIVISION: FRAUD PREVENTION AND LABOR STANDARDS
296-05
Apprenticeship rules
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
6/3/14
8/19/14
11/14
Amending rules in response to the federal review to align the department's rules with the federal rules.
296-127
Prevailing wage
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Reviewing prevailing wage rules, which have not gone through a comprehensive review since the early 90s. Amendments will:
• Reflect court decisions;
• Integrate administrative policies;
• Streamline current processes;
• Create consistency with the statute; and
• Make housekeeping changes.
296-127
Prevailing wageScope 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
Adopting scope of work descriptions for dredge workers, truck drivers, and ready mix drivers.
296-127
Prevailing wageScope of work description for fabricated precast concrete products
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Adopting scope of work description for fabricated precast concrete products.
296-127
Prevailing wageScope of work descriptions for utilities construction and laborers in utilities construction
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
8/16/10
TBD
TBD
Repealing 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
Making housekeeping changes and updating language for clarity and consistency.
296-200A
Contractor certificate of registration renewalsSecurityInsurance
Beverly Clark
Fraud Prevention and Labor Standards
(360) 902-6272
TBD
TBD
TBD
Making housekeeping changes and updating 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
Making 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
(360) 902-4777
6/17/14
9/16/14
11/25/14
Setting rates for 2015 workers' compensation insurance.
296-17
Farm internship program
Jo Anne Attwood
(360) 902-4777
5/20/14
7/22/14
9/3/14
Setting rates for farm internship classifications and amend the reporting rule.
296-17 and 296-17A
Miscellaneous classification and reporting changes
Jo Anne Attwood
(360) 902-4777
4/22/14
6/17/14
8/19/14
Editing, correcting, clarifying, and formalizing current classification practices into reporting rules and classification rules.
296-17A
Classifications for tree services
Dick Bredeson
(360) 902-4985
TBD
TBD
TBD
Considering creating separate classifications for tree trimmers.
296-17A
Classifications for schools and churches
Dick Bredeson
(360) 902-4985
TBD
TBD
TBD
Considering creating separate classifications for schools and churches. Presently they are subclassifications of the same basic classification.
296-17A
Classifications:
• Agriculture
• Reforestation
• Salons/spas
• Sports teams
Dick Bredeson/
Annie Peeples
(360) 902-4985
5/6/14
7/22/14
1/6/15
Reorganizing multiple classifications to better address like business exposures.
Reformat classifications for clarity. Collapse subclassifications where appropriate. Address reporting issues in sports team classifications.
296-17A
Retail stores
Dick Bredeson
(360) 902-4985
TBD
TBD
TBD
Considering classification changes if supported by insurance principals.
296-17A
Entertainers
Julia Sweeney
(360) 902-4799
TBD
TBD
TBD
Updating classifications for reporting entertainers so that they are fair, equitable and easily applied.
296-17B
Retrospective rating for workers' compensation
Diane Doherty
(360) 902-5903
TBD
TBD
TBD
Revisiting hazard grouping, insurance charges and savings tables and other rules that were implemented in January 2011.
DIVISION: INSURANCE SERVICES—HEALTH SERVICES ANALYSIS
296-21-290
296-23-220
Athletic trainer updates: SHB 2430
Erik Landaas
Health Services Analysis
(360) 902-4244
Tom Davis
Health Services Analysis
(360) 902-6687
7/22/14
9/16/14
11/4/14
Allowing athletic trainers to treat injured workers.
DIVISION: INSURANCE SERVICES—LEGAL SERVICES
296-14
Confidentiality of workers' compensation claim files
Mark Rosen
Legal Services
(360) 902- 6042
11/16/04
TBD
TBD
Defining 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
TBD
TBD
Amending 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
TBD
TBD
Updating 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
TBD
TBD
Amending 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
TBD
TBD
Defining "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—OFFICE OF THE MEDICAL DIRECTOR
296-14
296-21
Psychiatric services
Jami Lifka
Office of the Medical Director
(360) 902-4941
TBD
TBD
TBD
Consider implementing the Diagnostic and Statistical Manual of Mental Disorders Fifth Edition (DSM-5).
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
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.
Suchi Sharma
Senior Policy Advisor
and Rules Coordinator