WSR 05-02-029

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed December 30, 2004, 9:51 a.m. ]

Following, in accordance with RCW 34.05.314, is the Department of Labor and Industries' semi-annual rules development agenda for January 1, 2005 - June 30, 2005.

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


Semi-annual Rules Development Agenda (January 1, 2005 - June 30, 2005)


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 Anhydrous ammonia Beverly Clark

(360) 902-5516

Sally Elliott

(360) 902-5484

1/18/05 7/05 11/05 The anhydrous ammonia rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Cranes Cindy Ireland

(360) 902-5008

Sally Elliott

(360) 902-5484

7/20/04 7/05 11/05 These rules are being rewritten and organized for clarity and ease of use. These rules will also be updated to reflect current American National Standards Institute (ANSI) requirements. The project will include bridge style, mobile, tower/portal, personnel lifting, hoists, and derricks.
Chapter 296-24 WAC, General safety and health standards Fall protection Jim Hughes

(360) 902-4504

Sally Elliott

(360) 902-5484

To be determined To be determined To be determined The fall protection rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Fire protection Cindy Ireland

(360) 902-5522

Sally Elliott

(360) 902-5484

To be determined To be determined To be determined The fire protection rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Ladders Cindy Ireland

(360) 902-5522

Sally Elliott

(360) 902-5484

2/1/05 5/4/05 9/20/05 The ladder rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Motor vehicles Jamie Scibelli

(360) 902-4568

Sally Elliott

(360) 902-5484

5/18/04 12/29/04 4/05 The motor vehicle rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards; and chapter 296-155 WAC, Safety standards for construction Rigging Sally Elliott

(360) 902-5484

2/17/04 1/06 5/06 The rigging rules are being rewritten and organized for clarity and ease of use. Requirements from both general industry and construction are being combined into one rule and updated to the current American National Standards Institute (ANSI).
Chapter 296-24 WAC, General safety and health standards Walking/working surfaces Beverly Clark

(360) 902-5516

Sally Elliott

(360) 902-5484

3/23/04 8/05 10/05 The walking/working surface rules are being rewritten and organized for clarity and ease of use.
Chapter 296-45 WAC, Safety standards for electrical Electrical Cindy Ireland

(360) 902-5522

Sally Elliott

(360) 902-5484

12/21/04 To be determined To be determined The electrical rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
Chapter 296-52 WAC, Safety standards for possession, handling, and use of explosives Explosives Sally Elliott

(360) 902-5484

10/19/04 12/21/04 4/5/05 The explosive rules are being updated to correct the inconsistency between chapter 70.74 RCW, Washington State Explosive Act, and chapter 296-52 WAC.
Chapter 296-54 WAC, Safety standards for logging operations Logging Kimberly Johnson

(360) 902-5008

Sally Elliott

(360) 902-5484

To be determined To be determined To be determined The logging rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
Chapter 296-62 WAC, General occupational health standards; and chapter 296-65 WAC, Safety standards for asbestos removal and encapsulation Asbestos Kimberly Johnson

(360) 902-5008

Sally Elliott

(360) 902-5484

2/17/04 5/3/05 8/16/05 The asbestos rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Carcinogens part f and labs Kimberly Johnson

(360) 902-5008

Sally Elliott

(360) 902-5484

To be determined To be determined To be determined The carcinogens and lab rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Ethylene oxide Beverly Clark

(360) 902-5516

Sally Elliott

(360) 902-5484

To be determined To be determined To be determined The ethylene oxide rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Lead Jamie Scibelli

(360) 902-4568

Sally Elliott

(360) 902-5484

12/6/04 9/21/05 3/06 The lead rules are being rewritten and organized for clarity and ease of use.
Chapter 296-304 WAC, Safety standards for shipbuilding, ship repairing and shipbreaking Shipbuilding Kimberly Johnson

(360) 902-5008

Sally Elliott

(360) 902-5484

To be determined To be determined To be determined The shipbuilding rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
Chapter 296-350 WAC, WISHA administrative rules; and chapter 296-800 WAC, Safety and health core rules Administrative rules Jim Hughes

(360) 902-4504

Sally Elliott

(360) 902-5484

To be determined To be determined To be determined The administrative rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
Chapter 296-800 WAC, Safety and health core rules Exit routes Kimberly Johnson

(360) 902-5008

Sally Elliott

(360) 902-5484

11/4/03 To be determined To be determined The exit route rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
Chapter 296-842 WAC, Respirators Respirators Jim Hughes

(360) 902-4504

Sally Elliott

(360) 902-5484

To be determined To be determined To be determined The respirator rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
DIVISION: SPECIALTY COMPLIANCE SERVICES
Chapter 296-400A WAC Plumber certification rules Christine Swanson

(360) 902-6411

7/6/04 2/05 5/05 The purpose of this rule making is to review the rules relating to medical gas piping.
WAC 296-126-025 Payroll deductions Christine Swanson

(360) 902-6411

9/30/03 To be determined To be determined The purpose of this rule making is to review the rules relating to payroll deductions in WAC 296-126-025 for possible changes.
Chapter 296-125 WAC Nonagricultural employment of minors Christine Swanson

(360) 902-6411

9/19/01 To be determined To be determined The purpose of this rule making is to review these rules 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 Christine Swanson

(360) 902-6411

7/19/00 To be determined To be determined 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.
Chapter 296-46B WAC Electrical Christine Swanson

(360) 902-6411

10/5/04 3/05 4/05 The department plans to review the electrical rule for additions or revisions. The department developed an advisory committee to review suggested changes from the electrical industry and will propose rules as a result.
WAC 296-05-316 Apprenticeship agreements Christine Swanson

(360) 902-6411

11/3/04 2/2/05 5/4/05 The purpose of this rule making is to review the apprenticeship rules (chapter 296-04 WAC) for changes to clarify that program sponsors must demonstrate need for geographical expansion.
WAC 296-05-303 Apprenticeship committees -- Duties and responsibilities Christine Swanson

(360) 902-6411

7/21/04 11/3/04 2/2/05 This rule creates a two-year pilot program (July 2004 - July 2006) to allow apprenticeship program sponsors to send registered apprentices to limited training agents. The rule outlines the requirements of the agreement between the program sponsor and the limited training agent. The proposal also requires the department to conduct a study on the effect of the rule and report the findings to the Washington State Apprenticeship and Training Council.
Chapter 296-96 WAC Elevators Christine Swanson

(360) 902-6411

11/23/05 To be determined To be determined As a result of the new licensing requirements for elevator contractor and elevator mechanics, stakeholders and the department have identified areas where the rule needs substantive, housekeeping and clarifying changes.
DIVISION: INSURANCE SERVICES (WORKERS' COMPENSATION)
Chapter 296-14 WAC Industrial insurance -- Mortality assumptions Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

6/20/01 To be determined To be determined This rule making will provide updates to mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapter 296-14 WAC Industrial insurance -- Worker employment patterns Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

8/21/02 To be determined To be determined 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. This rule will impact crime victims' compensation.
Chapter 296-14 WAC Industrial insurance -- Transitional/Light duty job Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

4/05 7/05 12/05 This rule making will provide clarification on:

The required elements of a valid transitional/light duty job offered from the employer of record.

What is expected of the employer and worker?

How to determine a worker's entitlement to time-loss compensation and loss of earning power benefits when a transitional/light duty job is offered.

Chapter 296-14 WAC Industrial insurance -- Confidentiality of worker's compensation claim files Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

11/6/04 4/05 12/05 This rule making will define the responsibility of employers, workers, and other parties who have access to worker's compensation claim files for confidentiality and release of claim information.
Chapter 296-14 WAC Industrial insurance -- Definitions Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

8/05 To be determined To be determined This rule making will define terms used in chapter 296-14 WAC and move definitions currently in chapter 296-20 WAC to chapter 296-14 WAC. The rule making will amend the definition of temporary partial disability. This rule making will impact crime victims' compensation.
Chapter 296-17 WAC Retrospective rating program rules Frank Romero

Retrospective Rating

(360) 902-4835

11/3/04 4/12/05 5/23/05 This rule making will clarify the process L&I follows to evaluate and approve employers for retrospective rating groups.
Chapter 296-17 WAC Elective coverage Tammy Turner

Employer Services

(360) 902-4777

Bill Moomau

Employer Services

(360) 902-4774

3/05 6/05 9/05 This rule making will clarify the definition of temporary worker.
Chapter 296-17 WAC Classification descriptions Bill Moomau

Employer Services

(360) 902-4774

12/04 2/05 6/03 This rule making will make risk classification description updates that reflect current business operations.
Chapter 296-17 WAC Optional coverage Tammy Turner

Employer Services

(360) 902-4777

Bill Moomau

Employer Services

(360) 902-4774

3/05 7/05 12/05 This rule making will offer elective coverage for Native Americans.
Chapter 296-17 WAC Classification rates Tammy Turner

Employer Services

(360) 902-4777

Bill Moomau

Employer Services

(360) 902-4774

5/05 7/05 11/05 This rule making will adjust risk classification rates to reflect appropriate risk costs.
Chapter 296-20 WAC Medical aid rules -- Proper and necessary Jamie Lifka

Office of the Medical Director

(360) 902-4941

3/22/05 5/18/05 7/19/05 Pursuant to ESHB 1299 of the Laws of 2003, the department will coordinate with other state agencies to amend WAC 296-20-01002 to make the definition of "proper and necessary" consistent, where possible, with the other agencies' definitions of "medical necessity."
WAC 296-20-135 Conversion factors Tom Davis

Health Services Analysis

(360) 902-6687

12/21/04 2/15/05 4/19/05 This rule making will update the conversion factors used by the department for calculating reimbursement rates for most professional health care and anesthesia services.
WAC 296-23-220 and 296-23-230 Physical therapy rules and occupational therapy rules -- Maximum daily reimbursement Tom Davis

Health Services Analysis

(360) 902-6687

12/21/04 2/15/05 4/19/05 This rule making will 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 296-20-010 General information Tom Davis

Health Services Analysis

(360) 902-6687

12/21/04 2/15/05 4/19/05 Remove the provision for a "grace period" for deleted current procedural terminology (CPT) and healthcare common procedure coding system (HCPCS) codes in accordance with current Health Insurance Portability and Accountability Act (HIPAA) billing rules the department has voluntarily adopted.
Chapter 296-30 WAC What are the maximum allowable fees? (For reimbursement for provider services for victims of crime.) Janice Deal

Crime Victims Compensation Program

(360) 902-5369

6/1/04 12/21/04 To be determined In 2004 the crime victims' compensation (CVC) program saw a dramatic increase in the cost of medical care. The current appropriation is insufficient to fund the existing fee schedule. This rule making will reduce CVC provider reimbursement rates to the Department of Social and Health Services (DSHS) reimbursement rates. L&I filed an emergency rule to immediately reduce its provider reimbursement rates to the DSHS reimbursement rates, effective September 1, 2004. L&I will also file a second emergency rule, effective December 30, 2004. This will continue the reimbursement rate at the DSHS rate while the agency works to put this permanent rule in place. This option [is] chosen because it had the least onerous impact on crime victims.
Chapter 296-15 WAC Worker's compensation self insurance Jean Vanek

Self Insurance

(360) 902-6907

Margaret Conley

Self Insurance

(360) 902-6906

7/24/04 To be determined To be determined This rule making would improve the process by which employers are certified to self insure, improve notification to injured workers regarding the status of their compensation, and clarify timeframes for both submission of protests to the department and the payment of penalties.
DIVISION: ADMINISTRATIVE SERVICES
Chapter 296-06 WAC Public Records Joseph Molenda

Public Disclosure

(360) 902-6462

11/16/04 3/1/05 6/7/05 Chapter 296-06 WAC, Public records, will be updated and revised. Clear rule writing will be used to make the rule language easier to read and understand. WAC 296-06-170 Records index, is being repealed through an expedited rule making, WSR 04-22-084, filed November 2, 2004, because it is inconsistent with RCW 42.17.260(5). It will be rewritten in this rule making to comply with the statute. An indexing system will be established to assist the public in accessing L&I public records.

Carmen Moore

Rules Coordinator

Washington State Code Reviser's Office