296-06

Public records

Angela Wharton

Information

   Governance 360-902-5542

9/19/17

2/20/18

TBD

The department is intending to amend the current public records fee schedule in WAC 296-06-120, legislation passed in 2017 to amend RCW 42.56.120, which governs agency charges to requestors for providing copies of public records.

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.

296-809

Construction confined spaces

Chris Miller

DOSH Standards

   Program

360-902-5516

1/5/16

9/19/17

1/2/18

This rule making is in response to 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 to be "at-least-as-effective."

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.

296-155

Fall protection

Chris Miller

DOSH Standards

   Program

360-902-5516

3/22/16

TBD

TBD

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

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.

296-840 (new)

296-841

296-307

Exposure to respirable crystalline silica

Chris Miller

DOSH Standards

   Program

360-902-5516

6/21/16

10/31/17

2/20/18

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 proposed adding chapter 296-840 WAC, Respirable crystalline silica.

296-62

eRules reformatting,

Phase 9

Chris Miller

DOSH Standards

   Program

360-902-5516

7/19/16

TBD

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

3/6/18

5/22/18

This rule making is in response to OSHA 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

TBD

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 (pesticides)

Chris Miller

DOSH Standards

   Program

360-902-5516

11/22/16

TBD

TBD

This rule making is in response to federal Environmental Protection Act'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.

296-62

296-307

296-841

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 proposing to add new WAC 296-62-085 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.

296-67

Considering moving requirements to a new chapter specific to refineries

Process safety management (PSM) of highly hazardous chemicals for petroleum refineries

Chris Miller

DOSH Standards

   Program

360-902-5516

8/22/17

TBD

TBD

This rule making will consider changes to the PSM requirements that apply to refineries. Currently, refineries are covered by the PSM requirements in chapter 296-67 WAC. The current rules are outdated, not having been updated in over twenty years, and do not reflect current industry practices.

296-24

296-56

Change log Phase 3

Chris Miller

DOSH Standards

   Program

360-902-5516

10/17/17 (CR-105)

N/A

1/23/18

The rule making proposes to fix any outstanding housekeeping issues, such as fixing typos or updating old references, which are on the DOSH change log.

296-59

296-78

296-115

296-304

296-823

Change log Phase 4

Chris Miller

DOSH Standards

   Program

360-902-5516

11/21/17 (CR-105)

N/A

2/6/18

The rule making proposes to fix any outstanding housekeeping issues, such as fixing typos or updating old references, which are on the DOSH change log.

296-65

Requirements for certification and training for asbestos removal and encapsulation

Chris Miller

DOSH Standards

   Program

360-902-5516

1/2/18

5/1/18

TBD

The purpose of this rule making is to update the requirements in chapter 296-65 WAC, Asbestos removal and encapsulation. This is a state initiated change that proposes to remove confusing and unnecessary language, as well as add clarification where necessary throughout the rule. Some requirements that may have updates include: Certification and testing requirements; when refresher training is required; and when temporary certificates can be issued.

296-52

Explosives program requirements

Chris Miller

DOSH Standards

   Program

360-902-5516

1/23/18

TBD

TBD

In order to reflect technological advancements in explosives over the past ten to thirty years, and better align with federal regulations, the department is updating chapter 296-52 WAC, Safety standards for possession, handling, and use of explosives. Focus areas will likely include definitions, licensing, storage, background check requirements, public disclosure, and transportation, among other sections.

296-305

296-803

296-811

296-835

296-842

296-863

296-855

Change log Phase 5

Chris Miller

DOSH Standards

   Program

360-902-5516

TBD

TBD

TBD

The rule making proposes to fix any outstanding housekeeping issues, such as fixing typos or updating old references, which are on the DOSH change log.

296-96

Elevator rules

Alicia Curry

Field Services and

   Public Safety

360-902-6244

5/30/17

4/3/18

6/19/18

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.

296-96

Elevator rules

Alicia Curry

Field Services and

   Public Safety

360-902-6244

7/18/17

2/20/18

4/17/18

The elevator program is considering amendments to the elevator rules following a formal review of the rules and new safety code requirements from the 2016 edition of the American Society of Mechanic [Mechanical] Engineers and other related codes. 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.

296-46B

Electrical rules (scope of work)

Alicia Curry

Field Services and

   Public Safety

360-902-6244

8/15/17

11/21/17

1/23/18

The department is adopting amendments to the scope of work rules for (02) Residential and (04) Signs in WAC 296-46B-920 Electrical/telecommunications license/certificate types and scope of work. The proposed rule allows (02) Specialty Electricians to work in multi-family occupancies of buildings of types III, IV or V construction when there are not more than six stories of multifamily dwellings of types III, IV or V construction above grade or above types I or II construction. The proposed rule also allows (04) Specialty Electricians to retrofit existing luminaires that are mounted on a pole or other structure with energy efficient technology, such as LEDs.

296-46B

Electrical rules (special occupancies—Marinas, boatyards, and commercial and noncommercial docking facilities)

Alicia Curry

Field Services and

   Public Safety

360-902-6244

2/6/18

4/3/18

5/22/18

The department is initiating rule making based on a petition received in October 2017 regarding Washington's Electrical Code and safe wiring practices and ground-fault protection levels in marinas, in reference to National Electric Code 555.3.

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 (CVC) (HB [ESHB] 1739)

Maty Brimmer

Crime Victims

360-902-6707

Linda Messick Crime Victims

360-902-5374

1/23/18

(CR-105)

TBD

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

CVC

Maty Brimmer

Crime Victims

360-902-6707

Linda Messick

Crime Victims

360-902-5374

April 2018

TBD

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.

296-05

Apprenticeship rules

Beverly Clark

Fraud Prevention

   and Labor

   Standards

360-902-6272

8/1/17

TBD

TBD

This rule making will consider reorganizing and clarifying the current rules to improve understanding by regulated parties and align with newly issued federal regulations on equal employment opportunity provisions.

296-128-500 through 296-128-540

Definitions of executive, administrative, professional and outside salespeople

Beverly Clark

Fraud Prevention

   and Labor

   Standards

360-902-6272

TBD

TBD

TBD

The department is considering changes to the definitions of bona fide executive, administrative, professional and outside salespeople for the purposes of coverage under chapter 49.46 RCW, Minimum wage requirements and labor standards.

296-200A

Contractor registration

Beverly Clark

Fraud Prevention

   and Labor

   Standards

360-902-6272

TBD

TBD

TBD

The contractor registration program is proposing amendments to the contractor rules. WAC 296-200A-900 addresses fees the department charges contractors for issuance, renewal, reregistration, and reinstatement of a certificate of registration.

The rule proposals for consideration are based on RCW 18.27.075, which state that the department shall revise this amount at least once every two years for the purpose of recognizing economic changes as reflected by the fiscal growth factor under chapter 43.135 RCW. The program has not done a fee increase since 2007.

296-127

Prevailing wage

Beverly Clark

Fraud Prevention

   and Labor

   Standards

360-902-6272

TBD

TBD

TBD

This rule making will review prevailing wage rules, which have not been comprehensively reviewed 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

2/20/18

This rule making will reduce the current pension discount rate for 2018. The pension discount rate is the interest rate used to account for the time value of money when evaluating the present value of future pension payments.

296-20

Hearing aid replacement

Suzy Campbell

Claims Specialty

   Services

360-902-5003

2/6/18

7/17/18

10/23/18

This rule making will consider the department's criteria for replacing hearing instruments.

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

296-17A

2018 Miscellaneous classification and reporting rule changes

Jo Anne Attwood

Employer Services

360-902-4777

1/23/18

3/20/18

5/22/18

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).

296-17

296-17B

2019 Workers' compensation premium rates

Jo Anne Attwood

Employer Services

360-902-4777

6/19/18

9/18/18

11/30/18

This rule making will set the rates for 2019 workers' compensation insurance.

296-20

296-23

Medical aid rules update

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.

296-20

296-23

Acupuncture pilot

Jami Lifka

Office of the

   Medical Director

360-902-4941

9/5/17

TBD

TBD

Based on a review of the efficacy of acupuncture for treating low back pain, the department initiated a pilot that will help determine how acupuncture treatment could best be incorporated into the workers' compensation setting. Under this pilot, current provisions related to the exclusion of acupuncture treatment and acupuncturists will be waived only for pilot participants. The pilot began on October 1, 2017, and will continue throughout a two year period or as otherwise specified. Pilot program results will be considered in developing proposed rule language, medical coverage decisions and/or payment policy.

296-20

Neurogenic thoracic outlet syndrome (nTOS) surgery

Jami Lifka

Office of the

   Medical Director

360-902-4941

TBD

TBD

TBD

This rule making will put diagnostic and surgical criteria in rule, which 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

This rule making will address extending requirements for businesses that enroll in individual retro plans and revise 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

This pilot rule making will 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.

 

 

 

 

 

 

 

This rule making will consider amending existing rules and adopting a new rule 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

This rule making will consider updating rules related to the management and reporting of self-insured claims, and the requirements for self-insured certified claims administrators.