Subject of Possible Rule Making: To define a regular user of tobacco products or one who has a history of tobacco use.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020, 51.32.185.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 51.32.185 directs the department to adopt such rules. The purpose of adopting these rules is to determine which fire fighters would be excluded from a presumption on heart and lung conditions due to current or past tobacco use.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: This particular rule applies to fire fighters for the presumption of coverage under the Washington State Industrial Insurance Act. No other federal or state agency regulates this subject.

     Process for Developing New Rule: The agency will develop this rule in coordination with the following major stakeholder groups: Washington Council of Fire Fighters, Association of Washington Cities, Washington State Medical Association, Fire Commissioners, Workers' Compensation Advisory Committee, and the Department of Health.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jami Lifka by phone (360) 902-4941, fax (360) 902-4249, or mail Department of Labor and Industries, Office of the Medical Director, P.O. Box 44321, Olympia, WA 98504-4321.

July 3, 2002

Gary Moore

Director

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