WSR 01-07-103

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed March 21, 2001, 11:32 a.m. ]


The Department of Labor and Industries

Rule Making Agenda for January 2001 to July 2001


WAC

CHAPTER

TITLE AGENCY

CONTACT

PROPOSED

TIMELINE

DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: Washington Industrial Safety & Health (WISHA)
Chapter 296-24 WAC, General safety and health standards.

Chapter 296-62 WAC, General occupational health standards.

Diptanks Cindy Ireland

(360) 902-5522

Sally Elliott

(360) 902-5484

4/26/00 7/18/01 TBD To adopt new federal OSHA (Occupational Safety and Health Administration) requirements relating to diptanks and rewrite the standard in the new innovation format.
Chapter 296-24 WAC, General safety and health standards. Machine guarding Ken Lewis

(360) 902-4568

Sally Elliott

(360) 902-5484

2/21/01 11/6/01 4/02 To revise and adopt requirements relating to machine guarding, while rewriting the standard in the new innovation format.
Chapter 296-28 WAC, Clearance rules -- Railroads in private yards and plants. Railroads George Huffman

(360) 902-5008

Sally Elliott

(360) 902-5484

8/30/00 7/18/01 9/01 To review requirements for possible amendments and rewrite the standard in the new innovation format.
Chapter 296-32 WAC, Safety standards for telecommunications.

Chapter 296-45 WAC, Safety standards for electrical workers.

Flaggers George Huffman

(360) 902-5008

Sally Elliott

(360) 902-5484

7/5/00 2/7/01 3/21/01 To revise and adopt rules relating to flagger safety requirements in accordance with chapter 239, Laws of 2000 (ESHB 2647).
Chapter 296-52 WAC, Safety standards for the possession and handling of explosives. Explosives Linda Dausener

(360) 902-5516

Sally Elliott

(360) 902-5484

10/19/99 5/22/01 8/01 To review for possible updates to the blasting requirements with the assistance of an advisory committee.
Chapter 296-62 WAC, General occupational health standards. Bloodborne pathogens Jennie Hays

(360) 902-5516

Sally Elliott

(360) 902-5484

2/7/01 4/17/01 6/19/01 To adopt new federal OSHA (Occupational Safety and Health Administration) requirements relating to bloodborne pathogens.
Chapter 296-62 WAC, General occupational health standards.

Hazardous waste George Huffman

(360) 902-5008

Sally Elliott

(360) 902-5484

4/26/00 7/18/01 11/7/01 To review for possible updates to Part P for requirements relating to Hazardous Waste Operations and Environmental Controls, while rewriting the standard in the new innovation format.
Chapter 296-62 WAC, General occupational health standards. Emergency response George Huffman

(360) 902-5008

Sally Elliott

(360) 902-5484

4/26/00 7/18/01 11/7/01 To review for possible updates to Part R for requirements relating to Emergency Response, while rewriting the standard in the new innovation format.
Chapter 296-155 WAC, Safety standards for construction work. Ground personnel George Huffman

(360) 902-5008

Sally Elliott

(360) 902-5484

1/17/00 8/22/01 11/7/01 To review for possible updates to Part C for requirements relating to ground personnel exposed to motor vehicles on construction sites.
Chapter 296-800 WAC, Safety and health core rules. Core rules Cindy Ireland

(360) 902-5522

Sally Elliott

(360) 902-5484

11/30/99 11/21/00 5/9/01 To adopt a user-friendly book of core requirements in accordance with chapter 360, Laws of 1999 (ESHB [ESSB] 5180).
Chapter 296-24 WAC, General safety and health standards.

Chapter 296-32 WAC, Safety standards for telecommunications.

Chapter 296-36 WAC, Safety standards -- Compressed air work.

Chapter 296-37 WAC, Safety standards for commercial diving operations.

Miscellaneous changes cont. Linda Dausener

(360) 902-5516

Sally Elliott

(360) 902-5484

9/20/00 7/18/01 9/01 To adopt federal miscellaneous OSHA (Occupational Safety and Health Administration) requirements to be as effective as the federal final rules.
Chapter 296-45 WAC, Safety standards for electrical workers.

Chapter 296-54 WAC, Safety standards -- Logging operations.

Chapter 296-56 WAC, Safety standards for longshore, stevedore and related waterfront operations.

Chapter 296-62 WAC, General occupational health standards.

Chapter 296-67 WAC, Safety standards for process safety management of highly hazardous chemicals.

Chapter 296-78 WAC, Safety standards for sawmills and woodworking operations.

Miscellaneous changes cont. Linda Dausener

(360) 902-5516

Sally Elliott

(360) 902-5484

9/20/00 7/18/01 9/01 To adopt federal miscellaneous OSHA (Occupational Safety and Health Administration) requirements to be as effective as the federal final rules.
Chapter 296-79 WAC, Safety standards for pulp, paper, and paperboard

mills and converters.

Chapter 296-99 WAC, Safety standards for grain handling facilities.

Chapter 296-155 WAC, Safety standards for construction work.

Chapter 296-304 WAC, Safety standards for ship repairing, shipbuilding and shipbreaking.

Chapter 296-307 WAC, Safety standards for agriculture.

Miscellaneous changes cont. Linda Dausener

(360) 902-5516

Sally Elliott

(360) 902-5484

9/20/00 7/18/01 9/01 To adopt federal miscellaneous OSHA (Occupational Safety and Health Administration) requirements to be as effective as the federal final rules.
DIVISION: SPECIALITY COMPLIANCE SERVICES
296-96 Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances. Rich Atkinson

(360) 902-6128

Josh Swanson

(360) 902-6411

TBD TBD TBD The purpose of this rule making is to make substantive changes to the elevator rules that were adopted on December 22, 2000, with the assistance of an advisory committee.
296-04 Internal rules, state apprenticeship and training council. Nancy Mason

(360) 902-5321

Josh Swanson

(360) 902-6411

4/17/98 5/2/01 6/20/01 To repeal and adopt rules relating to apprenticeship in a more clear and usable format with the assistance of an advisory committee and at the request of the Washington State Apprenticeship and Training Council. These changes will also address necessary changes identified by the United States Department of Labor.
296-403 Amusement rides or structures. Ron Fuller

(360) 902-5249

Josh Swanson

(360) 902-6411

TBD TBD TBD The purpose of this rule making is to make substantive changes to the carnival rules with the assistance of an advisory committee.
296-127-013 Scope of work descriptions for prevailing wage. Rich Ervin

(360) 902-5530

Josh Swanson

(360) 902-6411

7/19/00 TBD TBD The purpose of this rule making is to make substantive changes to the scope of work description rules that were adopted July 19, 2000, with the assistance of an advisory committee. Also, clear rule writing principles will be applied to these rules.
296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, 296-150V Factory assembled structures. Dan Wolfenbarger

(360) 902-5225

Josh Swanson

(360) 902-6411

1/15/01 3/21/01 5/29/01 The purpose of this rule making is to adopt the most recent State Building Codes and other nationally recognized codes and standards; make clarifying and housekeeping changes; and incorporate necessary policy into rule as directed by the Executive Order 97-02 on Regulatory Improvement.
296-127-018 Prevailing wage

coverage and exemptions of workers involved in the production and delivery of gravel, concrete, asphalt, or similar materials.

Rich Ervin

(360) 902-5530

Josh Swanson

(360) 902-6411

7/19/00 TBD TBD The purpose of this rule making is to make substantive changes to WAC 296-127-018 in order to eliminate the confusion associated with this rule and the department's authority to administer and enforce the application of prevailing wages for all work where a public expense is incurred.
296-402A Electrical evaluation/ certification laboratory accreditation. Ron Fuller

(360) 902-5249

Josh Swanson

(360) 902-6411

TBD TBD 6/20/01 To review the rule in order to ensure laboratory compliance with law and industry standards.
296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, and 296-150V, 296-96C, 296-200A, 296-46A, 296-401B, 296-104; and 296-400A Factory assembled structures; Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances; Contractor certificate of registration renewals -- Security -- Insurance; Safety standards -- Installing electric wires and equipment -- Administrative rules; Journeyman electricians -- Certification of competency; Board of boiler rules -- Substantive; and Certification of competency for journeyman plumbers. Josh Swanson

(360) 902-6411

TBD TBD TBD These rules may be reviewed for possible fee adjustments.
296-125 and 296-131 Subminimum wages for minors in agriculture. Rich Ervin

(360) 902-5310

Josh Swanson

902-6411

To adopt a subminimum wage provision for minors employed in agriculture.

DIVISION: INDUSTRIAL INSURANCE (Workers' Compensation)
296-23-220 Physical therapy rules. Tom Davis

902-6687

12/20/00 2/21/01 4/24/01 Medical aid rules updates regarding rate setting for most professional health care services for injured workers. These updates may also impact rates for health care services provided to crime victims.
296-23-230 Occupational therapy rules. Tom Davis

902-6687

12/20/00 2/21/01 4/24/01 Medical aid rules updates regarding rate setting for most professional health care services for injured workers. These updates may also impact rates for health care services provided to crime victims.
296-20-135 Conversion factors. Tom Davis

902-6687

12/20/00 2/21/01 4/24/01 Medical aid rules updates regarding rate setting for most professional health care services for injured workers. These updates may also impact rates for health care services provided to crime victims.
296-20

(possibly 296-23 also)

Revise/draft rule(s) regarding attendant care services. Jim Dick

902-5131

1/3/01 2/21/01 5/1/01 Develop regulations regarding eligibility requirements for providers of attendant care services.
296-20, 296-23, 296-23A Revise/draft rules regarding outpatient hospital services. Jim Dick

902-5131

1/3/01 2/21/01 5/1/01 Develop rules to allow reimbursement of selected outpatient services and supplies through a prospective payment system.
296-20 Medical aid rules. Jami Lifka

902-4941

3/1/01 TBD TBD The department may update sections of this chapter to be consistent with current standards of care and department practices. This might include: Updating sections that clarify which services are covered and which services require prior authorization; and/or adding a section describing categories of permanent impairment for tinnitus. These changes may impact injured workers and crime victims.
Policy review Jami Lifka

(360) 902-4941

Review completed by 6/30/01 In accordance with Executive Order 97-02, medical coverage policies will be reviewed to see if by law they should be in rule.
296-23-225

296-23-235

Specialty providers -- Work hardening. Jami Lifka

(360) 902-4941

CR-101XR 3/15/01 These sections pertain to work hard hardening services purchased by insurance services. These sections are essentially duplicates of each other. For that reason, the department may repeal one of these sections to get rid of the duplication. There should be no impact on the purchasing of these services.
296-20-01002 Medical aid rules -- Definitions. Jami Lifka

(360) 902-4941

TBD TBD TBD In compliance with Executive Order 97-02, the department may review and rewrite, as necessary, the definitions in the medical aid rules. These changes may impact injured workers and crime victims.
296-17-31001 through

296-17-930

General reporting rules, classifications and rating system. Ken Woehl

902-4775

Karen Chamberlain

902-4772

2/7/01 3/21/01 5/23/01 Amend general reporting rules and risk classification definitions as necessary.
296-17-850 through

296-17-930

General reporting rules, classifications and rating system. Ken Woehl

902-4775

Karen Chamberlain

902-4772

5/23/01 9/19/01 11/20/01 Amend rules and rating tables to adjust industrial insurance rates for each risk classification based on current loss data for each classification.
296-15 Workers' compensation self insurance rules and regulations. Barb Butler

(360) 902-6906

10/10/01 TBD TBD The department may update sections of this chapter. This might include changes in vocational reporting requirements.
296-30-130 How are death benefits paid to a survivor(s) receiving public or private death benefits? Valerie Estes

902-5369

CR-101XR

TBD

TBD TBD Due to a recent supreme court decision (Sebastian) we will need to make a change in this rule to comply with the court decision on how death benefits accumulate towards the cap when other insurance is also being received.
296-14 Pension tables -- Workers' compensation. Valerie Grimm

(360) 902-5005

2/20/01 3/22/01 6/1/01 The changes would potentially include two areas: Updates to mortality assumptions used to determine pension reserves and actuarial benefits reduction, and the discount factor which reflects anticipated investment earnings of the pension reserves.
296-14 Wage at the time of injury. Valerie Grimm

(360) 902-5005

TBD TBD 6/20/01 Methods and factors included in the calculation of the worker's wages at the time of injury.
296-14 Workers' compensation insurance. Valerie Grimm

(360) 902-5005

TBD TBD 6/20/01 Continued rewrite of existing WACs to comply with regulatory reform.

Selwyn S. C. Walters

Rules Coordinator

© Washington State Code Reviser's Office