WSR 17-04-057
AGENDA
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed January 27, 2017, 11:46 a.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, 2017.
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, 2017
WAC CHAPTER(S)
RULE SUBJECT
AGENCY CONTACT
PROPOSED TIMELINE
BRIEF DESCRIPTION OF CHANGES
CR-101
CR-102
CR-103
Division: Division of occupational safety and health (DOSH)
296-54
Logging operations
Chris Miller
DOSH Standards Program
(360) 902-5516
11/16/10
2/28/17
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.
296-36, 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.
296-32
Telecommunications
Chris Miller
DOSH Standards Program
(360) 902-5516
8/6/13
3/7/17
7/18/17
Updating current telecommunications standards and bringing it up to-date-with industry standards.
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.
296-809
Construction confined spaces
Chris Miller
DOSH Standards Program
(360) 902-5516
1/5/16
3/21/17
7/5/17
Rule making in response to the Occupational Safety and Health Administration (OSHA) adopting its final rule for confined space in construction on August 4, 2015. This final rule imposes additional or more stringent requirements on employers than current OSHA standards, and DOSH is required to adopt a standard or amend current standard[s] to be "at-least-as-effective."
296-155
Fall protection
Chris Miller
DOSH Standards Program
(360) 902-5516
3/22/16
TBD
TBD
Correct Part C-1 in construction rule as well as becoming at-least-as-effective with recent OSHA changes.
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. Last stakeholder meeting was April 13, 2016.
296-62, 296-155
Lead
Chris Miller
DOSH Standards Program
(360) 902-5516
4/19/16
TBD
TBD
In response to a petition and after a serious [series] of stakeholder meetings, this rule making was initiated to update existing lead standards in both general industry and construction in light of increasing evidence of the hazards associated with occupational lead exposure.
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.
296-841, 296-307-62625
Exposure to crystalline silica
Chris Miller
DOSH Standards Program
(360) 902-5516
6/21/16
3/21/17
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.
296-62
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.
296-27
Recordkeeping and reporting, Phase 3
Chris Miller
DOSH Standards Program
(360) 902-5516
8/2/16
TBD
TBD
Updating chapter 296-27 WAC in response to OSHA recently publishing changes to C.F.R. 1904.35, Employee Involvement, leaving some of our rules not-as-effective. Other housekeeping amendments may also be proposed in this chapter.
296-305, 296-800, 296-802, 296-833, 296-843, 296-848, 296-849, 296-855, 296-856 
eRules reformatting,
Phase 6
Chris Miller
DOSH Standards Program
(360) 902-5516
9/6/16
TBD
TBD
Sixth of ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.
296-24, 296-62, 296-305, 296-307, 296-800, 296-816, 296-828, 296-835, 296-839
Globally harmonized system for hazard communication for agriculture, Phase 2
Chris Miller
DOSH Standards Program
(360) 902-5516
10/4/16 (CR-105)
N/A
1/3/17
Repealing older hazard communication standards that were replaced by the updated chapter 296-901 WAC and housekeeping updates such as the reference of the material safety data sheet to safety data sheet to maintain the globally harmonized OSHA standards.
296-307
Worker protection standard
Chris Miller
DOSH Standards Program
(360) 902-5516
11/22/16
2/28/17
TBD
Worker protection safety rule changes to federal agriculture, standards that require the Washington state department of agriculture to meet or exceed their rules. Our rules on this subject are in comparison for worker safety. Department of agriculture has the lead for this rule-making effort.
296-45, 296-307
eRules reformatting,
Phase 10
Chris Miller
DOSH Standards Program
(360) 902-5516
1/3/17
TBD
TBD
Tenth of ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.
Division: Field services and public safety
296-46B
Electrical rules
Alicia Curry
Field Services and Public Safety
(360) 902-6244
9/20/16
2/28/17
5/23/17
The department is proposing amendments to new safety code requirements from the 2017 edition of the National Electrical Code and to the existing electrical rules. The electrical rules are systematically reviewed each code cycle for consistency with national electrical safety standards and industry practice, for rule clarity, housekeeping changes, etc.
296-46B
Temporary electrician permits
Alicia Curry
Field Services and Public Safety
(360) 902-6244
11/21/16
2/14/17
4/4/17
The electrical program is proposing permanent rules for the issuance of temporary permits in lieu of certificates of competency for electricians coming from another state as authorized by RCW 19.28.231 and the eligibility of Canadian Red Seal endorsed journeyperson construction electricians to qualify for the Washington journey level electrician competency examination.
296-104-700
Boiler fee increase
Alicia Curry
Field Services and Public Safety
(360) 902-6244
2/14/17
4/18/17
6/20/17
The board of boiler rules is considering amending WAC 296-104-700 What are the inspection feesExamination feesCertificate feesExpenses?, to increase fees by the fiscal growth factor of 4.16 percent for fiscal year 2018 (the office of financial management's maximum allowable fiscal growth rate). The boiler program's budget and projected revenue indicate a fee increase is necessary to cover the program's operating expenses.
296-104
Board of boiler rules
Alicia Curry
Field Services and Public Safety
(360) 902-6244
5/23/17
7/18/17
9/19/17
The board of boiler rules is planning amendments to sections of chapter 296-104 WAC, Board of boiler rules, substantive to clarify the rules and make technical changes. The boiler rules are reviewed on a regular basis to ensure the rules are consistent with national boiler and unfired pressure vessel safety standards and industry practice, for rule clarity, housekeeping, etc.
296-150V
Factory assembled structures rulesConversion vending units and medical units
Alicia Curry
Field Services and Public Safety
(360) 902-6244
TBD
TBD
TBD
The factory assembled structures program is considering amending the rules in 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.
296-150I
Factory assembled structures rulesManufactured home installer training and certification program
Alicia Curry
Field Services and Public Safety
(360) 902-6244
TBD
TBD
TBD
The factory assembled structures program is considering amending the rules in chapter 296-150I WAC for manufactured home installer training and certification program, based upon a review of the rules. The program reviews the rules on a regular basis to ensure consistency with federal and national safety code requirements and industry standards, to clarify the existing rules, perform housekeeping, etc.
296-150F
Factory assembled structures rulesFactory built housing and commercial structures
Alicia Curry
Field Services and Public Safety
(360) 902-6244
TBD
TBD
TBD
The factory assembled structures program is considering amending the rules in chapter 296-150F WAC, based upon a review of the rules. Rule making is necessary to ensure the rules are up-to-date, consistent with industry practice, for rule clarity, to simplify the rules, and for possible housekeeping changes.
296-150R
Factory assembled structures rulesRecreational vehicles
Alicia Curry
Field Services and Public Safety
(360) 902-6244
TBD
TBD
TBD
The factory assembled structures program is considering amending the rules in chapter 296-150R WAC, based upon a review of the rules. Rule making is necessary to ensure the rules are up-to-date, consistent with industry practice, for rule clarity, to simplify the rules, and for possible housekeeping changes.
Division: Fraud prevention and labor standards
296-126, 296-128, 296-131
Rules related to the Minimum Wage Act and implementation of Initiative 1433
Jo Anne Attwood
Fraud Prevention and Labor Standards
(360) 902-4777
1/4/17
TBD
TBD
The purpose of this rule making is to consider rules related to the Minimum Wage Act, chapter 49.46 RCW, and the implementation of Initiative 1433, an act related to fair labor standards. Initiative 1433 passed on November 8, 2016, and requires, in part, employers provide paid sick leave to employees starting in 2018. Initiative 1433 directs the department to adopt and implement rules to carry out and enforce the act.
Division: Insurance services
296-14
Pension discount rate 2017
Suzy Campbell
Claims Specialty Services
(360) 902-5003
11/1/16
12/20/16
2/14/17
This rule making will reduce the current pension discount rate of 6.3 percent to 6.2 percent for 2017.
296-17A
Stores
Dick Bredeson
Employer Services
(360) 902-4985
5/17/16
8/23/16
2/14/17
Classification changes supported by insurance principals ensuring fair and equitable classification system. Rule making improves homogeneity of store classifications.
296-17A
Tutoring; fraternities/sororities; nursing home/residential care
Dick Bredeson
Employer Services
(360) 902-4985
7/19/16
12/6/16
5/2/17
•        Amend classification rules to include tutoring firms (currently are 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.
•        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
Paver stone installation
Karen Chamberlain Employer Services
(360) 902-4772
8/23/16
10/18/16
1/17/17
Classification changes to ensure a fair and equitable classification system:
•        WAC 296-17A-0217, Classification 0217 (Concrete flatwork).
•        WAC 296-17A-0301, Classification 0301 (Landscape construction).
•        WAC 296-17A-0302, Classification 0302 (Masonry).
296-17
296-17A
2017 Miscellaneous rules
Jo Anne Attwood
Employer Services
(360) 902-4777
1/17/17
3/21/17
5/23/17
•        Correct typographical and other errors (such as invalid telephone numbers and out-of-date references).
•        Revise wording and formatting to make the rules easier to understand and apply.
•        Incorporate and formalize existing agency practices (such as expressly including in a risk classification employment that the department currently includes by interpretation or analogy).
296-17A
Stores II
Dick Bredeson
Employer Services
(360) 902-4985
5/2/17
10/3/17
2/20/18
Classification changes to improve homogeneity of store classification and for more equitable rates:
•        Repeal department stores, class 6304.
•        Move general and antique variety stores to class 6309.
•        Move thrift stores to class 6504.
296-17
296-17B
2018 Workers' compensation premium rates
Jo Anne Attwood
Employer Services
(360) 902-4777
6/20/17
9/19/17
11/30/17
Set rates for 2018 workers' compensation insurance.
296-20
296-23
Medical aid rules
Emily Stinson
Health Services Analysis
(360) 902-5974
12/20/16
2/14/17
5/2/17
Rule changes will update our payment rates for health care services which are published annually in the medical aid rules and fee schedules. We determine if a cost of living allowance (COLA) should be made based on the statewide average wage, other factors, and the impact it would have on the medical aid fund. The conversion factors are used with statewide relative value units published by the Centers for Medicare and Medicaid Services to determine professional and anesthesia fees. Increases in COLA would also affect the daily caps that are placed on physical and occupational therapy services.
296-20
Prescription drug program and interchangeable biologics
Jami Lifka
Office of the Medical Director
(360) 902-4941
Jaymie Mai
Office of the Medical Director
(360) 902-6792
1/31/17
3/21/17
6/20/17
•        Definitions in WAC 296-20-01002 need to be amended to be consistent with recently amended definitions of the Washington state health care authority (HCA) regarding Washington state's prescription drug program.
•        Language in WAC 296-20-03011 also should incorporate by reference HCA's rules for therapeutic alternatives and the therapeutic interchange. This will allow labor and industries rules on this program to be consistent with HCA language now and for future amendments.
•        Further WAC 296-20-03011 will be amended to include new content regarding "interchangeable biologics" that is explicitly and specifically dictated by statute (RCW 69.41.110).
296-20
Neurogenic thoracic outlet syndrome surgery
Jami Lifka
Office of the Medical Director
(360) 902-4941
TBD
TBD
TBD
Putting diagnostic and surgical criteria in rule will lead to more timely decisions regarding surgery, reduced time loss duration, and better clinical outcomes for workers.
296-17B
Retrospective rating rules update
Diane Doherty
Retrospective Rating
(360) 902-5903
8/19/14
2/14/17
5/23/17
Modifications to the 2011 rules, including tables, hazard group assignments, and some of the factors and values used in retro calculations. 
296-19A
Vocational rehabilitation (Option 2)
Laurinda Grytness
Return to Work Partnerships
(360) 902-6362
4/5/16
TBD
TBD
Further rule making is needed to implement chapter 137, Laws of 2015 (SHB 1496), such as providing clarification about Option 2 vocational counseling and job placement services.
The following are open rule makings with no anticipated activates [activities] prior to July 1, 2017.
WAC CHAPTER(S)
RULE SUBJECT
AGENCY CONTACT
PROPOSED TIMELINE
BRIEF DESCRIPTION OF CHANGES
CR-101
CR-102
CR-103
Division: Insurance services
296-17B
Retrospective rating
Tim Smolen
Retrospective Rating
(360) 902-4835
11/5/13
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 for workers' compensation insuranceCommon ownership (pilot)
Julie Osterberg
Retrospective Rating
(360) 902-5819
Tim Smolen
Retrospective Rating
(360) 902-4835
8/5/15
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.
296-15
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.
Maggie A. Leland
Rules Coordinator