296-809

Construction confined spaces

Chris Miller DOSH Standards Program

(360) 902-5516

1/5/16

9/20/16

TBD

(April 2017)

Changing rule to align with the Occupational Safety and Health Administration's (OSHA) recent changes to their 29 C.F.R. 1926, Subpart AA, which covers confined space issues in construction.

296-32

Telecommunications

Chris Miller DOSH Standards Program

(360) 902-5516

8/6/13

12/7/16

TBD

(February 2017)

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.

296-841,

296-307-62625

Exposure to crystalline silica

Chris Miller DOSH Standards Program

(360) 902-5516

6/21/16

TBD

(November 2016)

TBD

Necessary to meet recently increased OSHA requirements in the final rule on respirable crystalline silica for general industry/maritime and construction. Respirable crystalline silica is currently included in the department's air contaminant standard under chapter 296-841 WAC and WAC 296-307-62625 (and other standards that reference these requirements). As part of this rule making, the department is considering adding a new chapter specific to silica.

296-36,

296-155 Part Q

Compressed air (tunnels)

Chris Miller DOSH Standards Program

(360) 902-5516

9/18/12

TBD

TBD

Rule making in response to petitions and other requests from labor and business industry stakeholders to update the compressed air work requirements in chapters 296-36 and 296-155 WAC, Part Q.

296-54

Logging operations

Chris Miller DOSH Standards Program

(360) 902-5516

11/16/10

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.

296-155

Fall protection

Chris Miller DOSH Standards Program

(360) 902-5516

3/22/16

10/4/16

TBD

Correct Part C-1 in construction rule as well as becoming at-least-as-effective with recent OSHA changes.

296-155

Demolitions standards

Chris Miller DOSH Standards Program

(360) 902-5516

TBD

(November 2016)

TBD

TBD

Update based on nonworker fatality.

296-823,

296-27-031

Recordkeeping and reporting, phase 2

Chris Miller DOSH Standards Program

(360) 902-5516

4/19/16

8/2/16

TBD

Rule making necessary to revise chapters 296-27 and 296-800 WAC to comply with changes in OSHA 29 C.F.R. Part 1904. Phase 2 will be to add bloodborne pathogens as well as recent OSHA changes to reporting requirements.

296-62-07521,

296-155-176

Lead

Chris Miller DOSH Standards Program

(360) 902-5516

4/19/16

TBD

TBD

DOSH is currently holding stakeholder meetings in response to a public petition received that requested we update our lead rule to provide better protection for workers.

296-307,

296-800,

296-839,

296-901

Globally harmonized system (GHS) for hazard communication for agriculture, phase 2

Chris Miller DOSH Standards Program

(360) 902-5516

CR-105

9/20/16

TBD

TBD

Correcting minor sections that were not modified during the original rule making.

296-155

Trolley lines

Chris Miller DOSH Standards Program

(360) 902-5516

3/22/16

TBD

TBD

Rule making in response to a petition to amend the requirements in WAC 296-155-428 relating to the minimum clearance distance of vehicular and mechanical equipment when working around energized trolley lines.

296-32, 296-36, 296-37, 296-52, 296-59, 296-63, 296-67, 296-78, 296-79, 296-99, 296-115

eRules reformatting, phase 7

Chris Miller DOSH Standards Program

(360) 902-5516

12/1/15

TBD

TBD

Seventh of ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.

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 8

Chris Miller DOSH Standards Program

(360) 902-5516

5/17/16

TBD

TBD

Eighth of ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.

296-62

eRules reformatting, phase 9

Chris Miller DOSH Standards Program

(360) 902-5516

7/19/16

TBD

TBD

Ninth of ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.

296-45, 296-307

eRules reformatting, phase 10

Chris Miller DOSH Standards Program

(360) 902-5516

TBD

TBD

TBD

Tenth of ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.

Various

Change log, phase 1

Chris Miller DOSH Standards Program

(360) 902-5516

CR-105 8/23/16

TBD

TBD

Housekeeping to rules that have corrections listed in the change log that are not currently open in eRules. One or more additional packages may be filed in the future. 

296-27

Recordkeeping and reporting, phase 3

Chris Miller DOSH Standards Program

(360) 902-5516

8/2/16

9/20/16

TBD

Rule making needed to align with changed [changes] made by OSHA in May 2016.

296-150V

Conversion vendor units and medical units

Sally Elliott

Field Services and Public Safety

(360) 902-6411

TBD

TBD

TBD

The factory assembled structures (FAS) program is considering rule amendments to chapter 296-150V WAC for conversion vendor units and medical units, based upon a review of the rules. The proposed rules will adopt the latest safety code requirements and industry standards, update the existing rules, clarify the rules, and formulate housekeeping changes.

296-104

Boiler fee increase

Sally Elliott

Field Services and Public Safety

(360) 902-6411

5/17/16

7/5/16

8/25/16

The board of boiler rules and boiler program is considering a fiscal-growth fee increase of 4.32 percent (rounded down to the nearest tenth of a dollar) to WAC 296-104-700. The fee increase is the office of financial management's (OFM) maximum allowable fiscal-growth rate factor for fiscal year (FY) 2017 and is necessary to cover operating expenses for the programs. 

296-46B

Electrical fee increase

Sally Elliott

Field Services and Public Safety

(360) 902-6411

7/5/16

8/23/16

11/22/16

The electrical program is considering a fiscal-growth fee increase of 4.32 percent (rounded down to the nearest tenth of a dollar) to chapter 296-46B WAC. The fee increase is OFM's maximum allowable fiscal-growth rate factor for FY 2017 and is necessary to cover operating expenses for the programs. 

296-46B

Electrical rules

Sally Elliott

Field Services and Public Safety

(360) 902-6411

9/20/16

TBD

TBD

The electrical program reviews the electrical rules for additions and revisions on an annual basis to ensure the rules are consistent with the national consensus standards and industry practice. The rule making will adopt the 2017 national electrical code.

296-14

Claim suppression

Beverly Clark

Fraud Prevention and Labor Standards

(360) 902-6272

TBD

TBD

TBD

The department must adopt rules defining first aid, rules defining bona fide workplace safety and accident prevention programs, and rules to implement SSB 5543 [5443].

296-127

Prevailing wage

Beverly Clark

Fraud Prevention and Labor Standards

(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 wage: Scope of work descriptions for motor shop electricians, truck drivers, and ready mix truck drivers

Beverly Clark

Fraud Prevention and Labor Standards

(360) 902-6272

1/5/16

7/5/16

9/20/16

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

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 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

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.

296-14

Pension discount rate

Suzy Campbell

Claims Specialty Services

(360) 902-5003

11/2/16

TBD

TBD

Consider whether to reduce the current pension discount rate of 6.3 percent lower for 2017.

296-17

296-17B

2017 Workers' compensation premium rates

Jo Anne Attwood

Employer Services

(360) 902-4777

6/21/16

9/20/16

11/29/16

Set rates for 2017 workers' compensation insurance.

296-17A

Retail stores

Dick Bredeson

Employer Services

(360) 902-4985

5/17/16

8/23/16

March 2017

Consider classification changes if supported by insurance principles.

296-17

296-17A

Volunteers

Jo Anne Attwood Employer Services

(360) 902-4777

4/19/16

6/21/16

9/6/16

Implement requirements of ESSB 6293.

296-17A

Tutoring, fraternities/sororities, nursing home/assisted living

Dick Bredeson

Employer Services

(360) 902-4985

7/19/16

12/6/16

May 2017

· Amend classification rules to include tutoring firms (currently not identified in classification scopes) to classification 5301 Management consulting, NOC;

· Amend classification rule to move fraternities and sororities from classification 6509 with assisted living facilities to the club classification 6205; and

· Distinguish nursing homes in classification 6108 from other care facilities, such [as] assisted living and group homes in classification 6509, by how the facility is licensed by DSHS.

296-17A

2016 classifications

Annie Peeples Employer Services

(360) 902-4723

10/20/15

1/15/16

7/5/16

Minor noncontroversial classification and reporting rule updates for greater clarity and more equitable rating.

296-17A

Pavers

Karen Chamberlain Employer Services

(360) 902-4772

TBD

TBD

TBD

Consider amending language to clarify classification of paver installation in:

· 0217 Concrete flatwork;

· 0301 Landscape construction; and

· 0302 Masonry.

296-17A

296-17

Classification rule making 2017

Annie Peeples Employer Services

(360) 902-4723

December 2016

TBD

TBD

Bundle a growing list of minor non-controversial classification updates for greater clarity and more equitable rating.

To date the list includes classifications:

· 1102 and 2002;

· 6402 and 6403;

· 3902 and 3906; and

· Definition of "interchange of labor."

296-17A

296-17

2017 Miscellaneous reporting and classification changes

Jo Anne Attwood Employer Services

(360) 902-4777

December 2016

TBD

TBD

Updating various rules to clarify or correct misleading or obsolete language, and to implement analogy classification decisions already in practice.

296-23-245

Advanced registered nurse practitioners (ARNP) reimbursement rate (licensed nursing billing instructions)

Bob Mayer

Health Services Analysis

(360) 902-5021

5/31/16

7/5/16

9/20/16

Rule change will allow an update to our payment policies to eliminate the existing differential payment for ARNPs.

296-20

Lumbar fusion for uncomplicated degenerative disc disease (UDDD) within structured intensive multidisciplinary program (SIMP) rules

Jami Lifka

Office of the Medical Director

(360) 902-4941

5/3/16

7/19/16

10/18/16

The purpose of this rule making is to repeal the department's rules that are in conflict with a recent coverage determination by the Washington state health technology clinical committee that lumbar fusion for UDDD is no longer a covered procedure. SIMP program requirements are currently also contained within the department's fee schedules' payment policies and, other than removing the lumbar fusion for UDDD requirement, will remain in effect when the SIMP rules are repealed.

296-20

Interchangeable biological products

Jaymie Mai

Office of the Medical Director

(360) 902-6792

Jami Lifka

Office of the Medical Director

(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. We may make this change using the expedited rule-making process.

296-15

Vocational option 2 benefits

James Nylander

Self-Insurance

(360) 902-6907

10/6/15

8/2/16

10/18/16

This rule making changes an existing rule, to allow a longer period of time for workers who are eligible for vocational retraining to decline further vocational services and instead select vocational option 2 benefits. This will align the rule with recent statutory changes.

296-15

Medical bill electronic data interchange

James Nylander

Self-Insurance

(360) 902-6907

4/19/16

TBD

TBD

The department and the self-insured employer community have agreed to partner in the development of a self-insurance risk analysis system. One component of this system will feature the collection of medical bill data using an electronic data interchange. Existing rules must be modified, and a new rule adopted, in order to make reporting requirements clear and to ensure a uniform standard of reporting is established.

296-15

Certified claims administrators and continuing education requirements

James Nylander

Self-Insurance

(360) 902-6907

TBD

TBD

TBD

The department is considering changes to these rules to make them more effective in meeting the goals of the self-insurance continuing education program.

296-15

Self-insurance second injury fund

James Nylander

Self-Insurance

(360) 902-6907

TBD

TBD

TBD

This rule making will provide a definition of fund balance, establish a reserve set-aside factor, and clarify the method for calculating over-collection or under-collection.