WSR 00-03-024

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed January 10, 2000, 4:09 p.m. ]

In accordance with RCW 34.05.230(12), the following policies and interpretive statements were recently issued by the department:


Insurance Services Division:


Insurance Services Policy #2.94, "Determining Liable Insurer for Hearing Loss Claims,"
is a new policy that gives direction for determining the liable insurer on hearing loss claims when medical opinion cannot determine which insurer is liable. (Issued 09/01/1999).


Insurance Services Policy #91.05, "Identification and Referral of Employer Fraud to the Economic Crimes Unit,"
is repealed. This policy provided direction to employer services staff when suspecting employer fraud. This policy is deleted. (Repealed 09/01/1999).


Insurance Services Policy #91.21, "Sampling One Quarter,"
is amended to give direction to audit staff when auditing a single quarter of an employer's records. (Issued 09/01/1999).


Insurance Services Policy #91.25, "Sampling Workers and Records,"
is a new policy that gives direction to audit staff for auditing a sample of workers and records when auditing an employer's records. (Issued 09/01/1999).


Insurance Services Policy #10.30, "Authorizing and Paying for Interpretive Services,"
is amended to give direction for authorizing interpretive services for injured workers who need communication assistance. The updated policy no longer requires adjudicator authorization every six months, provides for document translation on a case-by-case basis, increases the amount of time the interpretive service provider may bill for completing forms or waiting for the injured worker's appointment to begin, and sets limits on mileage reimbursement. (Issued 10/01/1999).


Insurance Services Policy #16.10, "Medical Documentation for Claim Closures,"
is repealed. This policy gave direction for medical documentation needed to close claims. This policy is deleted. (Repealed 12/15/1999).


Insurance Services Policy #61.10, "Determining Industrial Insurance Coverage for Sole Proprietors," is amended to give direction for determining State Fund industrial insurance coverage for sole proprietors. (Issued 12/15/1999).


Insurance Services Policy #61.18, "Industrial Insurance for Corporate Officers," is amended to give direction for determining industrial insurance coverage for corporate officers. (Issued 12/15/1999).


Insurance Services Policy #63.65, "Municipalities & Special Purpose Districts," is a new policy that gives direction for determining industrial insurance coverage for municipalities and special purpose districts. (Issued 12/15/1999).


Insurance Services Policy #91.02, "Claim Investigation Assignments," is amended to give direction for which investigation referrals are treated as urgent and how to handle them. (Issued 12/15/1999).


Insurance Services Policy #91.20, "Using Internal Revenue Information," is a new policy that gives direction for how collections and field audit staff must handle confidential information from the IRS. (Issued 12/15/1999).


Contact: Linda Norris, Mailstop 4-4310, (360) 902-4999, Douglas Connell, Assistant Director.


Specialty Compliance Division:


Electrical Inspection Policy #99-15, "Electrical Work Performed by Leaseholders," is a new policy that gives direction for electrical installations or alterations to existing buildings by leaseholders. Any person, firm, partnership, corporation, or other entity holding a valid, signed lease from the property owner shall be allowed to do electrical work on or within the building or structure described in the lease. The lessee and/or his or her regularly employed employees shall perform the electrical maintenance and installation. The lessee who performs the electrical maintenance or installation work must be the occupant of the building or structure. Property owners or leaseholders cannot perform electrical work on new buildings for rent, sale, or lease, without the proper electrical licensing and certification. Refer to RCW 19.28.610 for exemptions from licensing certification. (Issued 08/01/1999).


Electrical Inspection Policy #99-16, "Scope of Work for Limited Energy System (06) Specialty Contractors and Electricians," is a new policy that clarifies the scope of work the limited energy system specialty (06) is allowed to perform. The intent of the Electrical Board and the department when the (06) Limited Energy System was to restrict the (06) specialty to installations of "low energy circuits and equipment." This specialty is restricted to Class 1 power-limited circuits (30 volts maximum), Class 2 circuits (30 volts maximum), and Class 3 circuits (up to 100 volts maximum). (Issued 12/01/1999).

Contact: Theresa Deering, Mailstop 4-4460, (360) 902-5259, Patrick Woods, Assistant Director.


WISHA Services Division:


WISHA Regional Directive #1.00, "WISHA Policy Process" is a new policy that outlines the simplified process for the adoption of formal policy guidance and directives that relate to the department's state-wide responsibilities under the Washington Industrial Safety and Health Act. This WISHA Regional Directive replaces and rescinds WISHA Interim Operations Memorandum #96-2-A. (Issued 08/24/1999).


WISHA Regional Directive 32.49, "Respiratory Protection in the Fire Service," is a new policy that delays enforcement of the new provisions of the respiratory protection standard as they apply to the fire service until November 1, 1999. This Regional Directive will remain in effect until that date. (Issued 08/31/1999).


WISHA Interim Operations Memorandum #99-1-D, "Mechanical Removal of Asbestos-containing Roofing Materials," which provided guidance to WISHA enforcement and consultation staff regarding appropriate application of the standards to that process has been rescinded. This issue has now been addressed by changes to the Asbestos Standard that took effect on 11/10/1999. (Repealed 11/10/1999).


WISHA Interim Operations Memorandum #99-4-A, "Asbestos-Containing Asphalt Roof Cements, Coatings and Mastics" which enacted a stay in enforcement of WAC 296-62-077 and chapter 296-65 WAC has been rescinded. This issue has now been addressed by changes to the Asbestos Standard that took effect on 11/10/1999. (Repealed 11/10/1999).


WISHA Regional Directive 3.25, "Accompanied Visits in Consultation," is a new policy that provides guidance to WISHA Consultation Supervisors on the frequency and content of accompanied visits.


WISHA Regional Directive 19.10, "Explosives Act Exemptions in Relation to WISHA," is a new policy that provides guidance to WISHA enforcement and consultation staff whenever they must address issues concerning employee exposure to hazards involving explosives or fireworks.

Contact: Marcia Benn, Mailstop 4-4648, (360) 902-5503, Dr. Michael Silverstein, Assistant Director.

Doric Olson

Legislative and

Governmental Affairs Office

Washington State Code Reviser's Office