296-30

296-31

296-33

Crime victims compensation (CVC)

Maty Brimmer

Crime Victims

360-902-6707

Linda Messick

Crime Victims

360-902-5374

TBD

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 consider adopting some rules from chapters 296-14, 296-20, 296-21, 296-23, 296-23A, and 296-23B WAC.

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.

296-62

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.

296-27

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 Occupational Safety and Health Administration (OSHA) publishing changes to section C.F.R. 1904.35, Employee Involvement, which left some of our rules not as effective. Other housekeeping amendments may also be considered in this WAC chapter.

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 the federal Environmental Protection Agency worker protection standard updates. The department is coordinating the adoption of the rules with the department of agriculture.

296-307

(removing

296-45)

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 from this rule making at the proposed rule making (CR-102) stage and added to the rule making for chapter 296-45 WAC listed below.

296-45

Electric power generation, transmission, and distribution

Chris Miller

DOSH Standards Program

360-902-5516

6/20/17

3/5/19

6/18/19

The purpose of this rule making is to comply with the DOSH eRules initiative, in addition to making necessary corrections that have been identified since the updated rule was effective May 3, 2016. The eRules portion of this rule making will provide a format consistent with all the other DOSH rules, and allow ease of access using the DOSH web site. Additional corrections include: Correct an error relating to hard hats; add a reference in the scope of this rule to chapter 296-32 WAC; and update notes inadvertently formatted as requirements.

296-67

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 addresses the PSM requirements specific to petrochemical refining facilities. The current rules are outdated, not having been updated in over twenty years and do not reflect current industry practices.

296-65

Asbestos removal and encapsulation

Chris Miller

DOSH Standards Program

360-902-5516

1/2/18

3/19/19

TBD

The purpose of this rule making is to update the requirements regarding asbestos removal and encapsulation. This rule making intends to remove confusing and unnecessary language, as well as add clarification where necessary throughout the rule. These changes include and are not limited to: Certification and testing requirements; when refresher training is required; and when temporary certificates can be issued.

296-52

Safety standards for possession, handling, and use of explosives

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 the 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.

296-155

Crane incident reporting requirement

Chris Miller

DOSH Standards Program

360-902-5516

3/20/18

TBD

TBD

The purpose of this rule making is to provide clarity on the department's interpretation of requirements relating to crane decertification and reinstatement. This rule making intends to address what activities are covered, and will clearly state that damage to critical parts of the crane would require notification, rather than just implying it. This rule making will include additional housekeeping changes as well.

296-840

Respirable crystalline silica—Nonmandatory appendices

Chris Miller

DOSH Standards Program

360-902-5516

5/22/18

(CR-105)

8/21/18

10/2/18

Continuance

2/5/19

The purpose of this rule making is to add two nonmandatory appendices to the WAC chapter to provide guidance to health care providers on medical surveillance. These rules amend recently filed rule making regarding occupational exposure to respirable crystalline silica.

296-155

Part S

Demolition standards

Chris Miller

DOSH Standards Program

360-902-5516

7/5/18

TBD

TBD

The purpose of this rule making is to update the requirements regarding demolition standards. The department is initiating this rule making to remove confusing and unnecessary language, as well as add clarification where necessary throughout the rule to improve safety. Other updates and housekeeping changes may also be made throughout the chapter.

296-155

Part O

Safety standards for reinforcing steel and posttensioning activities

Chris Miller

DOSH Standards Program

360-902-5516

2/19/19

TBD

TBD

This rule making is in response to a petition received to adopt new safety standards for reinforcing steel and post-tensioning activities for iron workers, specifically standards contained in the newly revised 2018 - ANSI A10.9 (2013) Standard, Safety Requirements for Concrete and Masonry Work.

296-24

Walking working surfaces

Chris Miller

DOSH Standards Program

360-902-5516

2/19/19

TBD

TBD

The purpose of this rule making is to address the requirements in chapter 296-24 WAC, General safety and health standards, Part J-1, Walking-working surfaces. The department plans on initiating this rule making to align with possible new language under the plan to adopt a single unified fall protection chapter (see below) and to be at-least-as-effective-as OSHA C.F.R. 1910.

296-155

296-24

296-800

(other chapters that reference the requirements may be updated to align with the changes)

Unified fall protection

Chris Miller

DOSH Standards Program

360-902-5516

2/19/19

TBD

TBD

This rule making is planned in response to OSHA updates made in November 2016. Stakeholders requested the department create a single unified fall protection standard that applies to all industries statewide. This rule making will amend the department's rules to make them at-least-as-effective-as OSHA.

296-840

Respirable crystalline silica (agriculture)

Chris Miller

DOSH Standards Program

360-902-5516

Spring

2019

TBD

TBD

The purpose of this rule making is to clarify the application of the respirable crystalline silica rules to agriculture.

269-307

Part Y

Precommercial thinning

Chris Miller

DOSH Standards Program

360-902-5516

Spring

2019

TBD

TBD

The rule making is to consider establishing minimum safety standards for precommercial thinning in agriculture.

296-155

Crane operator qualification in construction

Chris Miller

DOSH Standards Program

360-902-5516

TBD

TBD

TBD

This rule making [is] in response to OSHA updating rules for crane operator licensing/certification requirements and establishing minimum requirements for determining operator competency.

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

(CR-105)

TBD

TBD

The rule making will consider amendments to correct outstanding housekeeping issues, such as correcting typos and updating old references, which are on the DOSH change log.

296-96

Elevator rules (American Society of Mechanical Engineers (ASME) A17.3)

Alicia Curry

Field Services and

Public Safety

360-902-6244

8/31/18

4/16/19

7/23/19

The purpose of this rule making is to consider amendments that would adopt additional requirements from the 2015 ASME A17.3 safety codes for existing elevators and escalators.

296-46B

Electrical rules

Alicia Curry

Field Services and Public

Safety

360-902-6244

9/4/18

2/19/19

4/30/19

The electrical program is performing a review of the electrical rules. The purpose of the review is to update and clarify existing rules, make housekeeping changes, accept stakeholder proposals, implement new legislation, and adopt the 2020 Edition of the National Fire Protection Agency 70, the National Electrical Code by reference with an effective date.

296-104

Board of boiler rules

Alicia Curry

Field Services and Public

Safety

360-902-6244

1/22/19

4/2/19

7/23/19

The purpose of this rule making is to consider changes to the boiler rules. The changes under consideration would:

· Amend the definition of "places of public assembly or assembly hall" to clarify the meaning of assisted living facility as seven or more residents;

· Amend language to require inspectors to submit inspection reports of boilers and unfired pressure vessels directly into the state's electronic inspection reporting system or pay applicable processing fees to the department for processing of inspection reports; and

· Establish a new fee for processing of inspection reports by the department.

296-96

Elevator rules

Alicia Curry

Field Services and Public

Safety

360-902-6244

1/22/19

7/23/19

10/22/19

The purpose of this rule making is to address requests from stakeholders held over from the past 2018 rule-making process and to further update and clarify existing rules, including editorial and reference corrections, general housekeeping, and other rule changes.

296-150F

Factory-assembled structures (FAS) rules (factory-built housing and commercial structures)

Alicia Curry

Field Services and Public

Safety

360-902-6244

3/5/19

6/4/19

9/17/19

The purpose of this rule making is to consider updating chapter 296-150F WAC, Factory-built housing and commercial structures, to include panelized construction.

296-150I

FAS rules (manufactured home installers)

Alicia Curry

Field Services and Public

Safety

360-902-6244

6/4/19

9/3/19

12/3/19

The purpose of this rule making is to consider changes to the FAS rules in chapter 296-150I WAC, Manufactured home installer training and certification program. The program plans to perform a review of the rules to align the rules with Housing of Urban Development requirements, to update and clarify existing rules, and make housekeeping changes.

296-403A

Electrical rules (amusement rides or structures)

Alicia Curry

Field Services and Public

Safety

360-902-6244

TBD

TBD

TBD

The purpose of this rule making is to consider changes to the electrical rules for amusement rides or structures. The program plans to perform a review of the rules to update and clarify existing rules, and make housekeeping changes.

296-128-500 through

296-128-540

Executive administrative professional exemptions

Beverly Clark

Fraud Prevention and Labor Standards

360-902-6272

3/20/18

1st

Quarter

2019

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.

296-127

Prevailing wage

Beverly Clark

Fraud Prevention and Labor Standards

360-902-6272

12/18/18

6/4/19

9/17/19

The purpose of this rule making is to review prevailing wage rules for housekeeping changes in order to further clarify the language without changing the effect of any rule except where necessary to align with statute or case law. No substantive changes will be considered in this rule.

296-17A

2019 Classification amendments

James Vest

Employer Services

360-902-4799

10/2/18

6/18/19

8/20/19

The purpose of this rule making is 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

2019 Miscellaneous classification and reporting rule changes

Jo Anne Attwood

Employer Services

360-902-4777

2/5/19

4/2/19

5/21/19

The purpose of this rule making is to:

· Update and clarify information and references in multiple classifications in general, and in classifications impacted by the 2018 stores rule making;

· Correct errors in classification information that occurred in a past rule making;

· Correct typographical errors; and

· Implement changes required by chapter 278, Laws of 2018 (SB [ESSB] 6199) passed by the legislature in 2018.

296-17

296-17B

2020 Workers' compensation premium rates

Jo Anne Attwood

Employer Services

360-902-4777

6/18/19

9/17/19

November

2019

This rule making will set the rates for 2020 workers' compensation insurance.

296-17

2019 Occupational disease date of injury

Annie Peeples

Employer Services

360-902-4723

TBD

TBD

TBD

The purpose of this rule making is to ensure the experience rating rule governing the date of injury for occupational disease claims is clear.

296-20

Hearing aid replacement

Robert Mayer

Health Services Analysis

360-902-5021

2/6/18

1/22/19

4/2/19

The purpose of this rule making is to consider the criteria for replacing hearing instruments. The department convened a workgroup of experts and interested parties to understand the issues and develop criteria reflecting current technology, taking into consideration insurance coverage best practices.

296-20

296-23

Medical aid rules update

Emily Stinson

Health Services Analysis

360-902-5974

12/18/18

2/19/19

5/21/19

The purpose of this rule making is to update payment rates for health care services, which are published annually in the medical aid rules and fee schedules.

296-14

Presumptive posttraumatic stress disorder (PTSD) coverage (SB [SSB] 6214)

Suzy Campbell

Legal Services

360-902-5003

8/21/18

TBD

TBD

This rule making will update existing rules and create new rules needed to implement SB [SSB] 6214, allowing industrial insurance coverage for PTSD of law enforcement, firefighters and emergency medical technicians.

296-21

Master's level therapists (MLT) pilot

Suzy Campbell

Legal Services

360-902-5003

6/4/19

TBD

TBD

Labor and industries doesn't currently allow MLTs to treat or bill injured workers.

This rule making will use pilot rule making to identify appropriate roles for MLTs to provide behavioral and mental health focused on recovery and return to work for workers with a work-related injury or illness.

296-20

296-23

Acupuncture/

acupuncture pilot

Jami Lifka

Office of the Medical

Director

360-902-4941

9/5/17

1/2/19

4/30/19

This proposed rule making allows the department and self-insurers to pay for acupuncture as specified in WAC 296-23-238. When this rule is effective, the acupuncture medical coverage decision's approved conditions will only list "low back pain related to an accepted condition on the claim." Other conditions may be considered at a later date based on the best available scientific and clinical evidence but are not part of this rule-making process. In addition, the proposed rules will allow acupuncturists, including East Asian medicine practitioners (EAMP), to treat injured workers. EAMPs have fifteen different treatment modalities within their scope of practice (RCW 18.06.010). These proposed rule changes will only apply to acupuncture. Pilot rule making was used to develop the proposed rule language. The pilot will continue until the adoption and effective date of final rules, after which time the criteria adopted in the final rules will take effect.

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.

296-19A

Vocational rehabilitation

Laurinda Grytness

Return to Work

Partnerships

360-902-6362

TBD

TBD

TBD

This rule making will support the department's vocational recovery effort to better align expectations of vocational providers with return-to-work language in RCW 51.32.095.

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.