296-06

Public records

Angela Wharton

Information Governance

(360) 902-5542

TBD

TBD

TBD

This rule making will update rules to current laws and model rules.

296-54

Logging operations

Chris Miller

DOSH Standards Program

(360) 902-5516

11/16/10

3/21/17

8/1/17

This rule making will update the logging safety standards. Multiple petitions were received from the Washington Contract Loggers Association in 2010 and 2014. The effort was temporarily suspended, in part, for the development of the logger safety initiative program.

296-36

296-155 Part Q

Compressed air (tunnels)

Chris Miller

DOSH Standards Program

(360) 902-5516

9/18/12

TBD

TBD

This rule making is 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

3/21/17

8/22/17

This rule making will update current telecommunications standards and bring it up-to-date with industry standards.

296-52

296-59

296-78

296-79

296-99

296-115

eRules reformatting,

Phase 7

Chris Miller

DOSH Standards Program

(360) 902-5516

12/1/15

3/28/17

8/1/17

This rule making is the seventh of an estimated ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access. Note that chapters 296-32, 296-36, 296-37, 296-63, and 296-67 WAC were removed at the proposed rule-making (CR-102) stage.

296-809

Construction confined spaces

Chris Miller

DOSH Standards Program

(360) 902-5516

1/5/16

9/5/17

TBD

This rule making is in response to Occupational Health and Safety 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 to be "at-least-as-effective."

296-155

Fall protection

Chris Miller

DOSH Standards Program

(360) 902-5516

3/22/16

TBD

TBD

This rule making will correct Part C-1 in construction rule, as well as amend the department's rules to make them at-least-as-effective-as OSHA.

296-155

Trolley lines

Chris Miller

DOSH Standards Program

(360) 902-5516

3/22/16

TBD

TBD

This rule making is 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. The 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

This rule making is in response to a petition and a 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

296-818

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

5/23/17

9/5/17

This rule making is the eighth of an estimated ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access. Note that chapter 296-816 WAC was removed at the proposed rule-making (CR-102) stage.

296-841

296-307

Exposure to crystalline silica

Chris Miller

DOSH Standards Program

(360) 902-5516

6/21/16

August 2017

November 2017

This rule making is in response to 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 WAC chapter specific to silica.

296-62

eRules reformatting,

Phase 9

Chris Miller

DOSH Standards Program

(360) 902-5516

7/19/16

8/22/17

TBD

This rule making is the ninth of an estimated 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

This rule making is in response to OSHA recently publishing changes to section C.F.R. 1904.35, Employee Involvement, leaving some of our rules not as effective. Other housekeeping amendments may also be proposed in this WAC 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

8/22/17

TBD

This rule making is the sixth of an estimated ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.

296-307

Worker protection standard

Chris Miller

DOSH Standards Program

(360) 902-5516

11/22/16

September 2017

November 2017

This rule making is in response to federal Environmental Protection Agency's worker protection standard updates. The department is coordinating the adoption of the rules with the department of agriculture.

296-45

296-307

eRules reformatting,

Phase 10

Chris Miller

DOSH Standards Program

(360) 902-5516

1/3/17

TBD

TBD

This rule making is the tenth of an estimated ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access. Note that amendments to chapter 296-45 WAC will be removed at the proposed rule-making (CR-102) stage and added to new rule making exclusive to chapter 296-45 WAC.

296-841

296-307

New chapter anticipated

Beryllium

Chris Miller

DOSH Standards Program

(360) 902-5516

4/18/17

TBD

TBD

This rule making is in response to recently increased OSHA requirements related to preventing worker exposure to beryllium and beryllium compounds. Beryllium and beryllium compounds are 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 WAC chapter specific to beryllium.

296-45

Electric power generation, transmission, and distribution

Chris Miller

DOSH Standards Program

(360) 902-5516

6/20/17

TBD

TBD

This rule making will correct errors from the recently adopted rule and apply eRule requirements for formatting to make the rule easier to read, comprehend, reference and access electronically.

296-65

CAS/CAC training requirements

Chris Miller

DOSH Standards Program

(360) 902-5516

7/18/17

TBD

TBD

Rule making relating to state initiated request to make amendments to the current language regarding certified asbestos supervisors and certified asbestos contractors.

296-900

DOSH appeals e-filing

Chris Miller

DOSH Standards Program

(360) 902-5516

8/22/17

TBD

TBD

This rule making will implement HB 1629 (chapter 13, Laws of 2017), amending WAC 296-900-170 Appeals. This proposal would increase from fifteen to forty-five days the one-time extension for resolution of appeals of violations of the Washington Industrial Safety and Health Act if agreed-to by the parties, effective January 1, 2018. Additional changes include eRules formatting, housekeeping updates, as well as adding an option to send appeals in electronically. These additional changes do not introduce any new requirements or increase costs for employers.

296-46B

Temporary electrician permits

Alicia Curry

Field Services and Public Safety

(360) 902-6244

11/21/16

TBD

TBD

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.

296-96

Elevator rules

Alicia Curry

Field Services and Public Safety

(360) 902-6244

5/30/17

TBD

TBD

The elevator program adopted emergency rules creating a temporary limited Category 03 license specific to work performed on hand-powered manlifts in grain terminals in order to address the shortage of licensed mechanics in the grain industry for the upcoming harvest season. This rule making will consider adopting permanent rules for temporary limited Category 03 elevator mechanic licenses and will consider other changes to the elevator licensing rules.

296-150I

Factory assembled structures rules—Manufactured home installer training and certification program

Alicia Curry

Field Services and Public Safety

(360) 902-6244

6/20/17

8/22/17

11/21/17

This rule making will implement HB 1329 (chapter 10, Laws of 2017), which passed the legislature in 2017. The bill replaces the mandatory penalty of $1,000 for each infraction of manufactured home installation requirements with a discretionary penalty not to exceed $1,000.

296-96

Elevator rules

Alicia Curry

Field Services and Public Safety

(360) 902-6244

7/18/17

1/23/18

4/3/18

The elevator program is considering amendments to the elevator rules (chapter 296-96 WAC) following a formal review of the rules and new safety code requirements from the 2016 edition of the American Society of Mechanic [Mechanical] Engineers. The elevator program reviews the rules to ensure the rules are consistent with national electrical safety standards, industry practice, to clarify the rules, and for housekeeping changes.

296-104

Board of boiler rules

Alicia Curry

Field Services and Public Safety

(360) 902-6244

8/1/17

9/19/17

12/19/17

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.

296-150F

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.

296-150V

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.

296-30

Crime victims compensation

Maty Brimmer

Crime Victims

(360) 902-6707

Linda Messick Crime Victims

(360) 902-5374

September 2017

December 2017

TBD

This rule making will create consistency with new legislation, HB [ESHB] 1739, regarding WAC 296-30-020 Who is covered when a motor vehicle crime occurs? and 296-30-090 What are the maximum allowable fees? 

296-30

296-31

296-33

Crime victims compensation (CVC)

Maty Brimmer

Crime Victims

(360) 902-6707

Linda Messick

Crime Victims

(360) 902-5374

September 2017

December 2017

TBD

This rule making pertains to the administration of the CVC program, mental health treatment rules and fees, and attendant services. This rule making will adopt some rules from chapters 296-14, 296-20, 296-21, 296-23, 296-23A and 296-23B WAC.

296-126

296-128

296-131

Minimum Wage Act and Initiative 1433

Jo Anne Attwood

Fraud Prevention and Labor Standards

(360) 902-4777

1/4/17

7/5/17

10/17/17

The purpose of this rule making is to consider rules related to the Minimum Wage and Labor Standards 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.

296-126

296-128

296-131

Enforcement for paid sick leave and retaliation (Initiative 1433)

Jo Anne Attwood

Fraud Prevention and Labor Standards

(360) 902-4777

7/5/17

10/17/17

12/19/17

The purpose of this rule making is to consider rules pertaining to the retaliation and enforcement directives related to 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.

296-05

Apprenticeship rules

Beverly Clark

Fraud Prevention and Labor Standards

(360) 902-6272

8/1/17

9/19/17

11/21/17

The purpose of this rule making is to reorganize and clarify the current rules to improve understanding by regulated parties and align with newly issued federal regulations on equal employment opportunity provisions.

296-127

Prevailing wage

Beverly Clark

Fraud Prevention and Labor Standards

(360) 902-6272

TBD

TBD

TBD

The purpose of this rule making is to review prevailing wage rules, which have not gone through a comprehensive review since the early 1990s. Amendments will:

• Reflect court decisions;

• Integrate administrative policies;

• Streamline current processes;

• Create consistency with the statute; and

• Make housekeeping changes.

296-14

Pension discount rate 2018

Suzy Campbell

Claims Specialty Services

(360) 902-5003

10/31/17

12/19/17

2/13/18

This rule making will reduce the current pension discount rate of 6.2 percent to at least 6.1 percent for 2018.

296-17A

Stores II

Annie Peeples

Employer Services

(360) 902-4723

5/23/17

9/19/17

2/20/18

This rule making will implement 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; and

• 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

This rule making will set the rates for 2018 workers' compensation insurance.

296-17

296-17A

2018 Classifications rule making

Annie Peeples

Employer Services

(360) 902-4723

10/17/17

1/2/18

2/6/18

The department intends to review rules to:

• Clarify the rules to make them easier to understand and apply;

• Incorporate existing agency practices into rule;

• Consolidate subclassifications to remove unnecessary administrative burden from employers; and

• Define terms used within the rules to make the rules easier to understand and apply.

296-17

296-17A

2018 Miscellaneous rules

Jo Anne Attwood

Employer Services

(360) 902-4777

January 2018

March 2018

May   2018

This rule making will:

• 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; and

• Incorporate and formalize existing agency practices (such as expressly including in a risk classification employment that the department currently includes by interpretation or analogy).

296-20

296-23

Medical aid rules

Emily Stinson

Health Services Analysis

(360) 902-5974

12/19/17

2/6/18

5/1/18

This rule making will update payment rates for health care services, which are published annually in the medical aid rules and fee schedules. The department determines 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

3/29/17

8/1/17

This rule making will update:

• 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 the department's 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

296-23

Acupuncture pilot rule making

Jami Lifka

Office of the Medical Director

(360) 902-4941

9/5/17

TBD

TBD

Current rules state that the department or self-insurer will not allow nor pay for acupuncture (WAC 296-20-03002) and will not pay for services performed by acupuncturists (WAC 296-20-01505). L&I has reviewed the best available scientific and clinical evidence related to the efficacy of acupuncture for treating low back pain. Based on this review, L&I has decided to initiate a pilot [project] that would help determine how acupuncture treatment for low back pain will best be incorporated into the workers' compensation setting. The pilot project is anticipated to begin on October 1, 2017.

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

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.

296-19A

Vocational rehabilitation (Option 2)

Laurinda Grytness

Return to Work

Partnerships

(360) 902-6362

4/5/16

7/18/17

9/19/17

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.

296-15

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

Workers' compensation self-insurance rules and regulations

James Nylander

Self-Insurance

(360) 902-6907

TBD

TBD

TBD

Updating rules relating to the management and reporting of self-insured claims, and the requirements for self-insured certified claims administrators.