WSR 15-04-061
AGENDA
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed January 29, 2015, 4:19 p.m.]
Pursuant to RCW 34.05.314, shown below is the department of labor and industries' semi-annual rules development agenda for January 1 through June 30, 2015.
There may be additional rule-making activities not on the agenda as conditions warrant.
Please contact Maggie Leland at (360) 902-4504 or maggie.leland@lni.wa.gov if you have any questions.
Semi-Annual Rules Development Agenda
January 1 - June 30, 2015
WAC CHAPTER(S)
RULE SUBJECT
AGENCY CONTACT
PROPOSED TIMELINE
BRIEF DESCRIPTION OF CHANGES
CR-101
CR-102
CR-103
Division: Financial Management
296-30
296-31
296-33
Rules for the administration of the crime victims compensation program.
Maty Brimmer
(360) 902-6707
12/3/2014
2/3/2015
6/2015
Modifying existing rules will clarify the benefit limits; the claims affected by the new limits and will remove references to lower limits no longer applicable as of July 2015.
Division: Insurance Services
296-17 
296-17B
2016 Workers' compensation premium rates.
Jo Anne Attwood
(360) 902-4777
6/16/2015
9/22/2015
12/1/2015
Set rates for 2016 Workers' compensation insurance.
296-17 
296-17A
2015 Miscellaneous reporting and classification changes.
Jo Anne Attwood
(360) 902-4777
1/20/2015
3/17/2015
5/19/2015
Review rules to correct typographical and other errors, revise wording and formatting to make the rules easier to understand and apply, and incorporate and formalize existing agency practices.
296-17
Workers' compensation optional coverage.
Jo Anne Attwood
(360) 902-4777
3/31/2015
6/2/2015
10/7/2015
This rule making will amend WAC 296-17-31007 to require owners who have opted for coverage report their hours in a separate classification, address optional coverage for exempt employments and improve clarity.
296-17A
Classifications for schools and churches.
Dick Bredeson
(360) 902-4985
TBD
TBD
TBD
Consider creating separate classifications for schools and churches. Presently they are subclassifications of the same basic classification.
296-17
296-17A
General workers' compensation classification rule making with reporting rule option.
Dick Bredeson
(360) 902-4985
TBD
TBD
TBD
Consider classification rewrites for clarifying unaddressed issues and plain talking for the following risk classes: 3702; 5201; and 6109.
296-17A
Workers' compensation classifications for retail stores.
Dick Bredeson
(360) 902-4985
TBD
TBD
TBD
Consider classification changes if supported by insurance principals.
296-17A
Workers' compensation classifications for entertainers.
Julia Sweeney
(360) 902-4799
TBD
TBD
TBD
Update classifications for reporting entertainers so that they are fair, equitable and easily applied.
296-17A
Workers' compensation classifications for merchandising/audio installation.
Julia Sweeney
(360) 902-4799
TBD
TBD
TBD
Correct possible inconsistencies with some subclassifications to insure businesses with similar operations are classified together.
296-17
296-17A
Workers' compensation classifications for drywall.
Colleen Nelson
(360) 902-4773
TBD
TBD
TBD
Amend drywall reporting and classification rules to establish fair, equitable, and consistent rates for drywall hanging and drywall taping.
296-20
296-23
Medical aid conversion factors, physical therapy rules, and occupational therapy rules.
Erik Landaas
(360) 902-4244
Tom Davis
(360) 902-6687
12/23/2014
2/17/2015
4/21/2015
This rule making is to update conversion factors used to determine payments to medical providers, and to update the maximum daily fees payable to physical and occupational therapists.
296-20
Medical aid rulesTravel expense.
Laurinda Grytness
(360) 902-6362
2/17/2015
4/21/2015
6/2015
This rule making is in response to a petition to amend WAC 296-20-1103 Travel expense, to more closely align with RCW 51.32.099.
Division: Field Services and Public Safety
296-104
Board of boiler rulesSubstantive.
Alicia Curry
(360) 902-6244
2/3/2015
3/31/2015
6/30/2015
The board of boiler rules plans to amend and/or add new sections to chapter 296-104 WAC, Board of boiler rulesSubstantive, for technical and housekeeping changes. The amendments will clarify and update the rules to ensure consistency with national boiler and unfired pressure vessel safety standards and industry practices.
296-150M
Manufactured homes.
Alicia Curry
(360) 902-6244
TBD
TBD
TBD
The factory assembled structures (FAS) program plans to amend chapter 296-150M WAC, Manufactured homes, to update the rules to current building, mechanical and plumbing code requirements, clarify existing rules, and for general housekeeping, based upon a review of the rules and stakeholder requests.
296-96
Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances.
Alicia Curry
(360) 902-6244
TBD
TBD
TBD
The department plans to amend and/or add new sections to chapter 296-96 WAC, Elevator rules, for technical and housekeeping changes, based upon a review of the rules and stakeholder requests. The amendments will clarify and update the rules to ensure consistency with national conveyance safety standards and industry practice.
Division: Fraud Prevention and Labor Standards
296-127
Prevailing wage.
Beverly Clark
(360) 902-6272
TBD
TBD
TBD
Review 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
(360) 902-6272
TBD
TBD
TBD
Adopt 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
(360) 902-6272
TBD
TBD
TBD
The department is currently working with the prevailing wage advisory committee on the scope of work definition for fabricated precast concrete products.
296-127
Prevailing wageScope of work descriptions for utilities construction and laborers in utilities construction.
Beverly Clark
(360) 902-6272
8/16/2010
TBD
TBD
Repeal scope of work definitions for utilities construction and laborers in utilities construction.
296-200A
Contractor certificate of registration renewalsSecurityInsurance.
Beverly Clark
(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
(360) 902-6272
TBD
TBD
TBD
Make housekeeping changes and update language for clarity and consistency with industry practices.
Division: Division of Occupational Safety and Health (DOSH)
296-307 Parts L and L-1
Temporary worker housing.
Tari Enos
(360) 902-5541
6/17/2014
12/2/2014
3/2015
Updating chapter 296-307 WAC, Parts L and L-1 to be consistent with department of health rule making in relating to temporary worker housing.
296-307 Parts Y-1 and Y-2
Global harmonization of chapter 296-307 WAC.
Kevin Walder
(360) 902-5401
6/3/2014
TBD
TBD
Due to federal OSHA requirements, new hazard communication rules are being adopted and a reference to the new rules (see WAC 296-901-140) will be adopted into chapter 296-307 WAC. 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
(360) 902-5541
5/6/2014
TBD
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
296-874
eRules filing package #2
Tari Enos
(360) 902-5541
7/22/2014
2/3/2015
5/19/2015
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
(360) 902-5541
4/22/2014
3/17/2015
TBD
Adding a reference to chapter 296-803 WAC in WAC 296-78-71503 provides clarity and is more protective than the current WAC 296-78-71503, even though procedural and training requirements of WAC 296-78-71503 already require compliance with chapter 296-803 WAC.
296-45
Safety standards for electrical workers (helicopters/high voltage).
Tari Enos
(360) 902-5541
3/5/2013
TBD
TBD
Updating the safety requirements in chapter 296-45 WAC that relate to electrical work with helicopter assistance.
296-32
Safety standards for telecommunications.
Cindy Ireland
(360) 902-5522
8/6/2013
TBD
TBD
Updating current telecommunications standard and bringing it up to date with industry standards. DOSH has been working with a stakeholder group to develop draft language.
296-36
296-155 Part Q
Safety standardsCompressed air work.
Cindy Ireland
(360) 902-5522
9/18/2012
TBD
TBD
Updating current rules related to compressed air work based on industry developments and technology.
296-900
DOSH penalty calculations.
Cindy Ireland
(360) 902-5522
4/22/2014
2/3/2015
6/1/2015
Rule making 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.
296-45
Safety standards for electrical workers.
Cindy Ireland
(360) 902-5522
12/2/2014
6/2015
11/2015
Revising 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.
296-27
296-800
296-37
296-78
296-115
296-307
Recordkeeping and reporting.
Tari Enos
(360) 902-5541
12/23/2014
2/17/2015
5/5/2015
Revising chapters 296-27 and 296-800 WAC to comply with changes in OSHA 29 C.F.R. Part 1904 Recording and Reporting Occupational Injuries and Illnesses.
296-56
296-806
296-809
296-828
296-860
296-864
eRules filing package #3
Tari Enos
(360) 902-5541
Kevin Walder
(360) 902-5401
8/19/2014
TBD
TBD
Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-54
Safety standardsLogging operations.
Tari Enos
(360) 902-5541
11/16/2010
TBD
TBD
Resuming rule-making efforts initiated in 2010 based on a petition from the logging industry. That effort was temporarily suspended, in part, for the logger safety initiative program development.
Maggie Leland
Senior Policy Advisor
and Rules Coordinator