WSR 02-15-183

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 24, 2002, 11:28 a.m. ]

In accordance with RCW 34.05.314 following is the Department of Labor and Industries' semi-annual rules development agenda for July 1, 2002 - December 31, 2002.

Please contact Carmen Moore at (360) 902-4206 or e-mail at moog235@lni.wa.gov, if you have any questions.


Department of Labor and Industries

Semi-annual Rules Development Agenda

(July 1, 2002 - December 31, 2002)



WAC

CHAPTER

TITLE AGENCY

CONTACT

PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: Insurance Services
Chapter

296-17 WAC

General reporting rules, classifications, audit and record keeping, rates and rating system for workers' compensation insurance Ken Woehl

Employer Services

(360) 902-4775

6/19/02 9/18/02 11/20/02 Annual '2003' rates filing package - adjust the industrial insurance base rates based on current loss data and amend the retrospective rating tables and rules.
Chapter

296-17 WAC

General reporting rules, classifications, audit and record keeping, rates and rating system for workers' compensation insurance Frank Romero

Retrospective Rating

(360) 902-4835

3/20/02 8/21/02 11/20/02 Retrospective rating program rules - reformatting existing rules and adding clarification of due dates, acceptance of faxed documents in lieu of originals, and modification to the reenrollment process.
Chapters 296-20 and 296-23 WAC, or other Nursing home rate setting Jim Dick

Health Services Analysis

(360) 902-5131

9/4/02 11/6/02 2/18/03 Define and establish and a new payment methodology for nursing homes and related services.
Chapter 296-20 WAC Medical aid rules Gary Franklin, MD

Office of the Medical Director

(360) 902-5020

9/19/01 8/7/02 10/20/02 The new rule would clarify whether the department will consider pain in an impairment rating above and beyond what is already taken into account in the category rating system or in the organ and body system ratings of the AMA's Guides to the Evaluation of Permanent Impairment.
Chapter 296-14 WAC Industrial insurance Gary Franklin, MD

Office of the Medical Director

(360) 902-5020

7/3/02 1/2/03 5/1/03 Pursuant to RCW 51.32.185, the purpose of this rule is to determine which fire fighters would be excluded from a presumption on heart and lung conditions due to current or past tobacco use.
WAC 296-20-02001 Medical aid rules - penalties Gary Franklin, MD

Office of the Medical Director

(360) 902-5020

Expedited rule making

7/3/02

9/18/02 The department may delete this section through the expedited process. It simply refers the reader to chapter 51.48 RCW.

WAC 296-23-225 Specialty providers -- Work hardening Gary Franklin, MD

Office of the Medical Director

(360) 902-5020

Expedited rule making

7/3/02

9/18/02 This section pertains to work hardening services purchased by insurance services. This section is duplicated by WAC 296-23-235. For that reason, one will be deleted and there will be no impact on the purchasing of these services.
WAC 296-23-170, 296-23-175, 296-23-185 Specialty providers Gary Franklin, MD

Office of the Medical Director

(360) 902-5020

Expedited rule making

7/3/02

9/18/02 These sections simply refer the reader to other WAC sections.
WAC 296-30-010 Definitions Janice Deal

Crime Victims Compensation

(360) 902-5369

Potential filing

12/2002

To be determined To be determined RCW 7.68.070(17) authorizes a benefit of counseling for immediate family members of a homicide victim. The statute refers to "immediate near term consequences of the related effects of the homicide." Currently the crime victims compensation program has an internal policy defining the language of RCW 7.68.070(17). The crime victims compensation program is considering a rule to replace the internal policy.
WAC 296-30-010 Definitions Janice Deal

Crime Victims Compensation

(360) 902-5369

Potential filing 12/2002 To be determined To be determined RCW 7.68.015 instructs the crime victims compensation program to operate within the appropriations provided for this program. The new rule will provide the remedy should there be a financial shortfall.
Chapter 296-15 WAC Workers compensation self-insurance rules and regulations George Pickett

Self Insurance

(360) 902-6907

7/24/02 1/3/03 4/1/03 Modifications in the following areas: Certification requirements, including both financial requirements and claims administration structure requirements, vocational reporting requirements, including ninety day employability assessment reports (EARs) and vocational rehabilitation outcome reporting, reporting requirements when initiating and terminating time loss, financial information reporting requirements, submissions of protests to the department, timeframes for payment of penalties.
Chapter 296-19A WAC Vocational rehabilitation Roy Plaeger-Brockway

Health Services Analysis

(360) 902-5052

12/18/01 10/2/02 1/03 Open WAC 296-19A-210 and possibly propose changes to minimum qualifications for vocational providers. In addition, open other sections of the rules to propose changes that improve clarity and ease of administration. The majority of changes are in response to stakeholder commentary gathered as part of the CR-101.
WAC 296-20-135 Conversion factors Tom Davis

Health Services Analysis

(360) 902-6687

12/18/02 2/19/03 4/16/03 Update the conversion factors used by the department for calculating reimbursement rates for most professional health care and anesthesia services.
WAC 296-23-220 Physical therapy rules Tom Davis

Health Services Analysis

(360) 902-6687

12/18/02 2/19/03 4/16/03 Update the maximum daily reimbursement level for physical therapy services so the department may, if necessary, give cost-of-living increases to affected providers.
WAC 296-23-220 Occupational therapy rules -- Maximum daily reimbursement Tom Davis

Health Services Analysis

(360) 902-6687

12/18/02 2/19/03 4/16/03 Update the maximum daily reimbursement level for occupational therapy services so the department may, if necessary, give cost-of-living increases to affected providers.
Chapter 296-14 WAC Industrial insurance -- Mortality assumptions Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

6/20/01 10/2002 5/2003 This rule making will provide updates to mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapter 296-14 WAC Industrial insurance Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

10/3/01 8/2002 10/2002 This rule making will provide methods and factors included in the calculation of the worker's wage at the time of injury.
Chapter 296-14 WAC Industrial insurance Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

8/2002 11/2002 3/2003 This rule making will provide clarification on how to determine a worker's employment pattern at the time of injury or on the date of disease manifestation for the purpose of calculating the worker's wage.
Chapter 296-14 WAC Industrial insurance Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

10/2002 4/2003 6/2003 This rule making will provide definitions for terms used within chapter 296-14 WAC and will identify and move definitions currently in chapter 296-20 WAC that need to be placed in chapter 296-14 WAC, such as total temporary disability. The rule will include amendment of the definition of temporary partial disability.
Chapters 296-255 and 296-270 WAC Industrial insurance -- Independent medical examinations (IMEs) Dave Overby

Health Services Analysis

(360) 902-6791

8/2002 2/2003 5/2003 This rule will amend the current rules to improve the quality of independent medical examinations (IMEs).
DIVISION: Washington Industrial Safety and Health Act (WISHA)
Chapter 296-24 WAC, General safety and health standards Late night retail Kim Rhoads

Policy and Quality Coordination

(360) 902-5008

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

2/02 4/3/02 8/1/02 To revise and adopt requirements relating to late night retail, while rewriting the standard in the clear rule-writing format.
Chapter 296-24 WAC, General safety and health standards Machine guarding Steve Vik

Policy and Quality Coordination

(360) 902-4568

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

2/21/01 To be determined To be determined To revise and adopt requirements relating to machine guarding, while rewriting the standard in the clear rule-writing format.
Chapter 296-24 WAC, General safety and health standards Portable power tools Jim Hughes

Policy and Quality Coordination

(360) 902-4504

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

7/17/02 12/4/02 To be determined To revise and adopt requirements relating to portable power tools, while rewriting the standard in the clear rule-writing format.
Chapter 296-24 WAC, General safety and health standards Temporary housing for workers Kim Rhoads

Policy and Quality Coordination

(360) 902-5008

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

8/7/02

Expedited rule making

11/20/02 To revise and adopt requirements relating to temporary housing for workers, while rewriting the standard in the clear rule-writing format.
Chapter 296-24 WAC, General safety and health standards Window cleaning Steve Vik

Policy and Quality Coordination

(360) 902-4568

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

4/17/02 6/19/02 10/2/02 To revise and adopt requirements relating to window cleaning, while rewriting the standard in the clear rule-writing format.
Chapter 296-28 WAC, Clearance rules -- Railroads in private yards and plants Railroads Kim Rhoads

Policy and Quality Coordination

(360) 902-5008

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

8/30/00 3/20/02 7/3/02 To revise and adopt requirements relating to railroad clearances, while rewriting the standard in the clear rule-writing format.
Chapter 296-52 WAC, Possession and handling explosives Explosives Sally Elliott

Policy and Quality Coordination

(360) 902-5484

7/24/02

Expedited rule making

11/6/02 To revise the explosives rule based upon chapter 370, Laws of 2002, 2SSB 6080.
Chapter 296-62 WAC, General occupational health standards Bloodborne pathogens Steve Vik

Policy and Quality Coordination

(360) 902-4568

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

9/02 12/18/02 4/02 To revise and adopt requirements relating to bloodborne pathogens, while rewriting the standard in the clear rule-writing format.
Chapter 296-62 WAC, General occupational health standards Confined space Carol Stevenson

Policy and Quality Coordination

(360) 902-4778

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

6/19/02 12/18/02 4/02 To revise and adopt requirements relating to confined space, while rewriting the standard in the clear rule-writing format.
Chapter 296-62 WAC, General occupational health standards Hazardous waste Jim Hughes

Policy and Quality Coordination

(360) 902-4504

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

4/26/00 11/6/02 2/03 To review for possible updates to Part P for requirements relating to hazardous waste operations and environmental controls, while rewriting the standard in the clear rule-writing format.
Chapter 296-62 WAC, General occupational health standards Hearing conservation Cindy Ireland

Policy and Quality Coordination

(360) 902-5522

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

6/19/02 11/20/02 3/03 To revise and adopt requirements relating to hearing conservation, while rewriting the standard in the clear rule-writing format.
Chapter 296-62 WAC, General occupational health standards Manufacturers importers and distributors hazard communication Kim Rhoads

Policy and Quality Coordination

(360) 902-5008

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

5/1/02 8/7/02 12/4/02 To revise and adopt requirements relating to manufacturers importers and distributors hazard communication, while rewriting the standard in the clear rule-writing format.
Chapter 296-62 WAC, General occupational health standards Respiratory protection Kim Rhoads

Policy and Quality Coordination

(360) 902-5008

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

5/22/02 2/03 5/03 To revise and adopt requirements relating to respiratory protection, while rewriting the standard in the clear rule-writing format.
Chapter 296-307 WAC, Safety standards for agriculture Cherry harvest Sally Elliott

Policy and Quality Coordination

(360) 902-5484

8/21/02

Expedited

rule making

11/20/02 To revise the cherry harvest rule based upon chapter 370, laws of 2002, SB 6328.
Chapter 296-62 WAC, General occupational health standards Cholinesterase monitoring Cindy Ireland

Policy and Quality Coordination

(360) 902-5522

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

3/6/02 10/2/02 1/15/03 The Washington State Supreme Court ruling, Rios v. Dept of Labor and Industries, ordered the department to initiate rule making on a mandatory cholinesterase program for agricultural pesticide handlers.
Chapter 296-800 WAC, Safety and health core rules Core rules Cindy Ireland

Policy and Quality Coordination

(360) 902-5522

Sally Elliott

Policy and Quality Coordination

(360) 902-5484

2/6/02 5/23/02 7/1/02 The core rules are being updated to correct and clarify language and format that users of the core rule have discovered since the rule was implemented. Emergency washing, chemical hazard control, and biological agents will be added to the core rules.
DIVISION: Specialty Compliance Services
Chapter 296-130 WAC Family care Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-6411

5/22/02 8/21/02 10/1/02 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 243, Laws of 2002 (SSB 6426); and

Make clarifying and housekeeping changes.

Chapters 296-150M and 296-150F WAC Manufactured homes and factory-built housing and commercial structures Pete Schmidt

(360) 902-5571

Josh Swanson

(360) 902-6411

1/15/01 8/7/02 9/16/02 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 268, Laws of 2002 (SSB 6364);

Permanently adopt the emergency rules that went into effect on June 28, 2002 (see WSR 02-14-073); and

Make clarifying and housekeeping changes.

Chapter 296-96 WAC Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances Josh Swanson

(360) 902-6411

1/2/02 9/4/02 12/1/02 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 98, Laws of 2002 (SHB 2629);

Make substantive changes to the elevator rules that were adopted on December 22, 2000 (see WSR 01-02-026); and

Make clarifying and housekeeping changes.

Chapter 296-200A WAC Contractor certificate of registration renewals -- Security -- Insurance Pete Schmidt

(360) 902-5571

Josh Swanson

(360) 902-6411

6/20/01 8/21/02 10/1/02 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 159, Laws of 2001 (SSB 5101);

Review the rules for possible substantive changes; and

Make clarifying and housekeeping changes.

Chapters 296-402A and 296-403 WAC Electrical evaluation/certification laboratory accreditation and amusement rides or structures Ron Fuller

(360) 902-5249

Josh Swanson

(360) 902-6411

7/18/01 4/17/02 8/1/02 The purpose of this rule making is to:

Make substantive changes to the carnival rules with the assistance of an advisory committee; and

Incorporate a policy in order to create a regulatory mechanism to address equipment that is approved by an accredited testing laboratory but may be unsafe and dangerous.

Chapters 296-13, 296-46A, 296-401B, and 296-402A WAC

Practice and procedure -- Electrical board; safety standards -- Installing electric wires and equipment -- Administrative rules; Certification of competency for journeyman electricians; and Electrical evaluation/certification laboratory accreditation Ron Fuller

(360) 902-5249

Josh Swanson

(360) 902-6411

7/24/02 10/2/02 12/1/02 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 249, Laws of 2002 (ESB 6630);

Adopt the latest edition of the National Electrical Code; and

Make clarifying and housekeeping changes.

Chapter 296-104 WAC Board of boiler rules -- Substantive Robert Marvin

(360) 902-5270

Josh Swanson

(360) 902-6411

4/17/02 8/7/02 11/1/02 The Board of Boiler Rules for possible changes will review these rules.
Chapter 296-400A WAC Certification of competency for journeyman plumbers Pete Schmidt

(360) 902-5571

Josh Swanson

(360) 902-6411

4/17/02 8/21/02 10/1/02 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 82, Laws of 2001 (ESHB 2470);

Review the rules for possible substantive changes; and

Make clarifying and housekeeping changes.

Chapter 296-125 WAC Nonagricultural employment of minors Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-6411

9/19/01 9/1/02 12/1/02 Rules are being reviewed for possible changes to ensure conformity with federal laws pertaining to employment of minors where those laws are more restrictive.
Chapter 296-127 WAC Prevailing wage Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-6411

7/19/00 10/2/02 12/1/02 The purpose of this rule making is to repeal and/or revise WAC 296-127-018 Coverage and exemptions of workers involved in the production and delivery of gravel, concrete, asphalt, or similar materials.
Chapter 296-127 WAC Prevailing wage Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-6411

7/19/00 7/31/03 10/31/03 The purpose of this rule making is to make substantive changes to the scope of work description rules that were adopted July 19, 2000 (WSR 00-15-077) with the assistance of an advisory committee. Clear rule writing principles will be applied to these rules.
Chapter 296-128 WAC Minimum wages Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-6411

12/5/01 To be determined To be determined Rules are necessary to clarify the requirements for salary basis pay as a result of a Washington State Supreme Court decision (Drinkwitz v. Alliant Techsystems, Inc., 140 Wn 2d 291 (2000)).

Carmen Moore, Esq.

Rules Coordinator

Washington State Code Reviser's Office