WSR 15-15-075
AGENDA
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed July 13, 2015, 4:05 p.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, 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
July 1 - December 31, 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
TBD
TBD
TBD
Administrative updates to crime victims' compensation program based on review of rules as outlined in SSB 5679.
Division: Insurance Services
296-17, 296-17B
2016 Workers' compensation premium rates.
Jo Anne Attwood
(360) 902-4777
6/16/15
9/22/15
12/1/15
Set rates for 2016 workers' compensation insurance.
296-17, 296-17A
Workers' compensation classification for taxi drivers.
Jo Anne Attwood
(360) 902-4777
5/19/15
7/21/15
Emergency
7/24/15
Permanent
9/15/15
Amend reporting and classification rules to implement changes from ESSB 5550 which repeals mandatory coverage for taxi, for-hire, limousine and exempts TNC drivers.
296-17A
Workers' compensation 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.
296-17A
Workers' compensation classification for fraternities/sororities.
Dick Bredeson
(360) 902-4985
TBD
TBD
TBD
Amend classification rule to move fraternities and sororities from classification 6509 with assisted living facilities to the club classification 6205.
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 classification for tutoring.
Dick Bredeson (360) 902-4985
TBD
TBD
TBD
Amend classification rules to include tutoring firms (currently are not identified in classification scopes) to classification 5301 Management consulting, NOC.
296-17, 296-17A
General workers' compensation classification rule making with reporting rule option.
Dick Bredeson
(360) 902-4985
Annie Peeples
(360) 902-4723
10/20/15
1/5/16
8/2/16
Consider classification rewrites for clarifying unaddressed issues and plain talking for the following risk classes: 3702; 5201; and 6109.
296-17, 296-17A
Workers' compensation classification for janitorial division of hours.
Annie Peeples
(360) 902-4723
TBD
TBD
TBD
Amends reporting and classification rules to improve clarity regarding the division of hours between classification 6602 and construction classifications, and creates special exception subclassification for preoccupancy cleanup.
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.
296-20, 296-23
Medical aid conversion factors, physical therapy rules, and occupational therapy rules.
Dave Overby
(360) 902-6791
Tom Davis
(360) 902-6687
12/1/15
2/16
4/16
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.
296-14, 296-20, 296-21
Psychiatric services and the DSM-5.
Jami Lifka
(360) 902-4941
8/5/14
6/2/15
9/1/15
Three rules will be amended so that they are consistent with implementing the American Psychiatric Association's Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5).
296-20
Interchangeable biological products.
Jaymie Mai
(360) 902-6792
Jami Lifka
(360) 902-4941
TBD
TBD
TBD
ESB 5935 "Concerning biological products" passed during the 2015 legislative session. This bill authorizes pharmacists to substitute FDA-approved "interchangeable biological products," similar to generics, for brand biologicals. WAC 296-20-03011 will need to be amended to reflect this change.
296-16
Worker reemployment incentives.
Laurinda Grytness
(360) 902-6362
8/4/15
TBD
TBD
Changes needed to implement SHB 1496. Employers participating in the preferred worker program could receive financial incentives similar to the existing stay at work program. They could also receive a new "durable employment" bonus, and the premium discount would be extended to include the employer of injury.
296-19A
Option 2 vocational benefits.
Laurinda Grytness
(360) 902-6362
8/4/15
TBD
TBD
Changes needed to implement SHB 1496. Increases the vocational award to an amount equal to nine months of temporary total disability benefits, allows up to ten percent of retraining funds to be used for vocational assistance, and gives option 1 participants the ability to switch to option 2 through the first academic quarter or three months of training.
296-17B
Retrospective rating for workers' compensation insuranceCommon ownership.
Julie Osterberg
(360) 902-5819
Tim Smolen
(360) 902-4835
TBD
TBD
TBD
Pilot rule making to consider/allow exceptions to the retroactive rating program's current common ownership rule (WAC 296-17B-770) as written.
296-17B
Retrospective rating for workers' compensation insuranceRetro insurance tables updates.
Debbie Sanders
(360) 902-5256
Tim Smolen
(360) 902-4835
8/19/14
12/1/15
TBD
Implement changes in response to actuarial study of retrospective rating program's insurance tables (WAC 296-17B-910 through 296-17B-990).
296-15
Self-insurance audit governance committee.
James Nylander
(360) 902-6907
TBD
TBD
TBD
The purpose of this rule making is to formalize the function and role of the new self-insurance audit governance committee.
Division: Field Services and Public Safety
296-150M
Factory assembled structuresManufactured homes.
Alicia Curry
(360) 902-6244
7/21/15
9/22/15
11/17/15
The factory assembled structures (FAS) program is considering rule amendments to chapter 296-150M WAC for manufactured homes. The proposed rules will adopt the latest safety code requirements and industry standards for manufactured and mobile homes, align the rules with statutory requirements, update and clarify the existing rules, correct references and grammatical errors, and housekeeping changes.
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
8/16/10
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.
296-200A
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
6/16/15
8/18/15
9/15
Make housekeeping changes and update language for clarity and consistency with industry practices.
Division: Division of Occupational Safety and Health (DOSH)
296-62
General occupational health standardsHazardous drugs.
Chris Miller
(360) 902-5516
5/6/14
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.
296-54
Safety standardsLogging operations.
Chris Miller
(360) 902-5516
11/16/10
TBD
TBD
Resuming rule-making efforts initiated in 2010 based on a petition from the logging industry.
296-78
Safety standards for sawmills and woodworking operationsLockout-tagout for sawmills.
Chris Miller
(360) 902-5516
4/22/14
6/30/15
10/15
Repealing the existing lockout–tagout language under WAC 296-78-71503 and adding a reference requiring compliance with chapter 296-803 WAC, Lockout/tagout (control of hazardous energy).
296-45
Safety standards for electrical workers (helicopters/high voltage).
Chris Miller
(360) 902-5516
3/5/13
10/15
TBD
Updating the safety requirements in chapter 296-45 WAC that relate to electrical work with helicopter assistance.
296-45
Safety standards for electrical workers.
Chris Miller
(360) 902-5516
12/2/14
10/15
TBD
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.
296-32
Safety standards for telecommunications.
Chris Miller
(360) 902-5516
8/6/13
12/15
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 (tunnels).
Chris Miller
(360) 902-5516
9/18/12
12/15
TBD
Updating current rules related to compressed air work based on industry developments and technology.
296-807, 296-817,
296-823, 296-826,
296-865, 296-869,
296-870, 296-874
eRules reformatting,
Phase 2.
Chris Miller
(360) 902-5516
7/22/14
2/3/15
5/19/15
Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-56, 296-806,
296-809, 296-828,
296-860, 296-864
eRules reformatting,
Phase 3.
Chris Miller
(360) 902-5516
8/19/14
TBD
TBD
Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-24
eRules reformatting,
Phase 4.
Chris Miller
(360) 902-5516
3/17/15
7/21/15
10/19/15
Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-155
eRules reformatting,
Phase 5.
Chris Miller
(360) 902-5516
6/2/15
8/18/15
11/23/15
Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-27, 296-54,
296-65, 296-301,
296-303, 296-304,
296-803, 296-811,
296-816, 296-818,
296-824, 296-835,
296-841, 296-842,
296-863, 296-900
eRules reformatting,
Phase 6.
Chris Miller
(360) 902-5516
7/21/15
9/4/15
12/21/15
Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-305, 296-800,
296-802, 296-833,
296-839, 296-843,
296-848, 296-849,
296-855, 296-856
eRules reformatting,
Phase 7.
Chris Miller
(360) 902-5516
9/4/15
11/10/15
1/4/16
Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-32, 296-36,
296-37, 296-45,
296-52, 296-59,
296-63, 296-67,
296-78, 296-79,
296-99, 296-155
eRules reformatting,
Phase 8.
Chris Miller
(360) 902-5516
12/21/15
TBD
TBD
Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
Maggie Leland
Senior Policy Advisor
and Rules Coordinator