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.

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 fees—Examination fees—Certificate fees—Expenses?, 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 rules—Conversion 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 rules—Manufactured 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 rules—Factory 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 rules—Recreational 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.

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.

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.

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 insurance—Common 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.