WSR 11-01-125

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed December 20, 2010, 10:50 a.m. ]

Pursuant to RCW 34.05.314, shown below is the department of labor and industries' semi-annual rules development agenda for January 1 through June 30, 2011.

There may be additional rule-making activities not on the agenda as conditions warrant.

Please contact Tamara Jones at (360) 902-6805 or Tamara.Jones@lni.wa.gov if you have any questions.

Semi-Annual Rules Development Agenda

January 1 - June 30, 2011



DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
WAC

CHAPTER(S)

RULE SUBJECT AGENCY

CONTACT

PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
All DOSH WACs DOSH rules overhaul Beverly Clark

DOSH

(360) 902-5516

Suspended per

Executive Order

10-06

TBD TBD This rule making will consist of reorganizations and plain language changes. The WISHA advisory committee is urging DOSH to proceed with this work.
Chapter 296-24

WAC

General safety and health standards--Electrical rules Devin Proctor

DOSH

(360) 902-5541

Suspended per

Executive Order

10-06

TBD TBD DOSH is required to have rules at-least-as-effective-as the federal Occupational Safety and Health Administration (OSHA). DOSH was notified more than a year ago that there are areas in our electrical section of chapter 296-24 WAC that are considered to be not-at-least-as-effective-as OSHA. While it will be necessary to make these changes, we have proposed to OSHA that this be done once the moratorium is lifted.
Chapter 296-32

WAC

Telecommunications Beverly Clark

DOSH

(360) 902-5516

Suspended per

Executive Order

10-06

TBD TBD In 2009, DOSH began working with a telecommunications stakeholder group to develop draft language to update our current telecommunications standard and bring it up to date with industry standards.
Chapter 296-54

WAC

Safety standards for logging Kimberly Johnson

DOSH

(360) 902-5008

11/16/10

WSR

10-23-096

Suspended per

Executive Order

10-06

TBD The department received several petitions for rule making for the logging standard. The department has accepted the petitions, but will postpone further formal rule making during the moratorium.
Chapter 296-155 WAC Fall protection Kimberly Johnson

DOSH

(360) 902-5008

4/4/06

WSR

06-08-085

Suspended per

Executive Order

10-06

TBD DOSH has been working with a fall protection ad hoc committee to consolidate the fall protection requirements of the construction safety rules into one coherent set of requirements. In addition, DOSH asked the committee to help identify any technical changes needed due to industry developments and to ensure that any gap in current fall protection would be addressed and rectified by the rule update.
Chapter 296-155 WAC Crane construction (Phase II) Cindy Ireland

DOSH

(360) 902-5522

9/16/08

WSR

08-19-073

6/2011 10/2011 OSHA recently adopted a crane construction rule, effective November 8, 2010. This rule making is to address the requirements that employers must follow with regard to inspection, maintenance, and operation of cranes used in the construction industry. This phase will also include updates to the department's current rigging and personnel lifting requirements. The department may suspend some portions of the rule making that are not required by the federal government or requested by the affected entities.
Chapter 296-305 WAC Firefighting Kimberly Johnson

DOSH

(360) 902-5008

11/4/08

WSR

08-22-082

8/31/10

WSR

10-18-078

1/2011 OSHA advised the department of a couple areas in the firefighter standards where we are not as-effective-as the federal rules. Stakeholders asked us to look at our firefighter standards and bring them up to date with current consensus standards and practices.
Chapter 296-307 WAC Safety standards in agriculture--REDON fit testing Devin Proctor

DOSH

(360) 902-5541

N/A 8/31/10

(CR-105)

WSR

10-18-081

Suspended per

Executive Order

10-06

The department will put respirator requirements for the controlled negative pressure REDON fit testing protocol into the agriculture rule.
Chapter 296-800 WAC

Means of egress Devin Proctor

DOSH

(360) 902-5541

N/A 10/5/10

(CR-105)

WSR

10-20-134

2/1/11 The department is updating its means of egress rule language to make it clear that the minimum ceiling height is 7 feet 6 inches for an exit route. The language will also make it clear that no projection from the ceiling can be less than 6 feet 8 inches from the floor, to be as-effective-as OSHA's equivalent rule.
Chapter 296-800 WAC Accident prevention program Cathy Julian

DOSH

(360) 902-5401

Suspended per

Executive Order

10-06

TBD TBD This rule making is to address an inconsistency that currently exists among several rules. Each call for an employer to create an accident prevention program, but have differing requirements for that program. The rule making will clarify the requirements for an accident prevention program, and will provide a single location where these requirements are stated. This will create consistency across the rules, and make it easier for employers to comply.
Chapter 296-800 WAC Emergency washing facilities Devin Proctor

DOSH

(360) 902-5541

N/A 8/31/10

(CR-105)

WSR

10-18-082

Suspended per

Executive Order

10-06

This rule making will change the definition of "corrosive” in chapter 296-800 WAC, Safety and health core rules, so that it is identical to the definition of "corrosive” in Table 5 of chapter 296-839 WAC, Content and distribution of material safety data sheets (MSDSs) and label information. A reference also needs updating to reflect the most current American National Standards Institute's emergency eyewash and shower equipment standard.
Chapter 296-900 WAC Monetary penalties Kimberly Johnson

DOSH

(360) 902-5008

11/16/10

WSR

10-23-095

TBD TBD OSHA is changing their policies and procedures for how they assess penalties. The department will be required to modify its rules to ensure they are at-least-as-effective-as OSHA's new policies.

DIVISION: INSURANCE SERVICES
WAC

CHAPTER(S)

RULE SUBJECT AGENCY

CONTACT

PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
Chapter 296-14 WAC Industrial insurance -- Wages Brian Fordham Policy and Quality Coordination

(360) 902-5262

4/22/08

WSR

08-09-115

Suspended per

Executive Order

10-06

TBD This rule making will amend existing rules for consistency with SHB 1244 (chapter 297, Laws of 2007). A new rule will be added to clarify when the value of health care benefits is included in determining the worker's monthly wage.
Chapter 296-14

WAC

Industrial insurance -- Definitions Brian Fordham

Policy and Quality Coordination

(360) 902-5262

5/03/05

WSR

05-10-073

Suspended per

Executive Order

10-06

TBD 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 also impact crime victims' compensation.
Chapter 296-14

WAC

Industrial insurance -- Confidentiality of workers' compensation claim files Brian Fordham

Policy and Quality Coordination

(360) 902-5262

11/16/04

WSR

04-23-080

Suspended per

Executive Order

10-06

TBD This rule making will define the responsibility of employers, workers, and other parties who have access to workers' compensation claim files for confidentiality and release of claim information.
Chapter 296-14

WAC

Industrial insurance -- Worker employment patterns Brian Fordham

Policy and Quality Coordination

(360) 902-5262

8/21/02

WSR

02-17-108

Suspended per

Executive Order

10-06

TBD 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 also impact crime victims' compensation.
Chapter 296-14

WAC

Industrial insurance -- Pension discount rates and mortality assumptions Brian Fordham

Policy and Quality Coordination

(360) 902-5262

6/20/01

WSR

01-13-096

Suspended per

Executive Order

10-06

TBD This rule making will update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapters 296-14 and 296-15

WAC

Industrial insurance -- Suppressing workers' compensation claims Brian Fordham Policy and Quality Coordination

(360) 902-5262

6/5/07

WSR

07-12-079

Suspended per

Executive Order

10-06

TBD This rule making will assist in the implementation of SSB 5443 (chapter 77, Laws of 2007). The proposed rule making will define bona fide workplace safety and accident prevention program and first aid, and establish the penalty structure for employers when there is a finding of claim suppression. Consideration will be given to when and how employers may be required to notify workers of a finding of claim suppression. In addition, the rule making may address additional issues identified in the rule development process.
Chapter 296-15

WAC

Self-insurance--Continuing education requirements for self-insurance claims administrators Margaret Conley

Self-Insurance

(360) 902-6723

12/15/09

WSR

10-01-083

Suspended per

Executive Order

10-06

TBD In response to a request from the Washington Self-Insurers Association, the purpose of this rule making is to simplify the requirements for recertification of department-approved claims administrators by reducing credit types.
Chapter 296-15

WAC

Self-insurance--Housekeeping changes Margaret Conley

Self-Insurance

(360) 902-6723

8/20/08

WSR

08-17-117

Suspended per

Executive Order

10-06

TBD The purpose of this rule making is to review chapter 296-15 WAC for any corrections and to ensure consistency with statute. Affected rules will also be rewritten using "plain talk.”
Chapter 296-15

WAC

Self-insurance electronic data reporting system (SIEDRS) requirements and penalties Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Order

10-06

TBD TBD The purpose of this rule making is to clarify language regarding reporting requirements and penalties as they relate to SIEDRS.
Chapter 296-15

WAC

Reporting Option 2 vocational costs to L&I Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Order

10-06

TBD TBD The purpose of this rule making is to clarify the process by which a self-insured employer reports retraining costs for any claims upon which Option 2 benefits have been granted.
Chapters 296-17 and 296-17B WAC

Workers' compensation premium rates--2011 Jo Anne Attwood

Employer Services

(360) 902-4777

An Emergency CR-103 was filed on 11/16/10 and is effective 1/1/11.

WSR 10-23-099

L&I is required by law to establish and maintain a workers' compensation classification plan and to set premium rates that are the lowest necessary to maintain actuarial solvency of the accident and medical aid funds and are designed to attempt to limit fluctuations in premium rates. The plan must be consistent with recognized principles of insurance. L&I is also required by law to offer retrospective rating plans to employers as a further incentive to encourage workplace safety and prevent employee injury.
7/6/10

WSR

10-14-102

11/16/10

WSR

10-23-100

1/26/11
Chapters 296-17 and 296-17B WAC

Workers' compensation premium rates--2012 Jo Anne Attwood

Employer Services

(360) 902-4777

6/2011 9/2011 11/2011 or 12/2011 L&I is required by law to establish and maintain a workers' compensation classification plan and to set premium rates that are the lowest necessary to maintain actuarial solvency of the accident and medical aid funds and are designed to attempt to limit fluctuations in premium rates. The plan must be consistent with recognized principles of insurance. L&I is also required by law to offer retrospective rating plans to employers as a further incentive to encourage workplace safety and prevent employee injury.
Chapter 296-17B WAC

Retrospective rating Diane Doherty

Retrospective Rating

(360) 902-4835

Jo Anne Attwood

Employer Services

(360) 902-4777

TBD TBD TBD This placeholder is for potential rule changes resulting from recommendations from the retrospective rating advisory committee.
Chapters 296-17 and 296-17A

WAC

Classification for land surveyors Karen Chamberlain

Employer Services

(360) 902-4772

Suspended per

Executive Order

10-06

TBD TBD This rule making will make changes to the classification for land surveyors, as determined by the results of a classification study.
Chapters 296-17 and 296-17A

WAC

Employer services--Housekeeping changes Jo Anne Attwood

Employer Services

(360) 902-4777

Suspended per

Executive Order

10-06

TBD TBD Employer services files a yearly rule making to make housekeeping changes in reporting rules, classifications, and retrospective rating.
Chapters 296-17 and 296-17A

WAC

Industrial insurance --Reporting for schools Jo Anne Attwood

Employer Services

(360) 902-4777

8/3/10

WSR

10-16-120

Suspended per

Executive Order

10-06

TBD This rule making is to update the way school faculty may be reported.
Chapter 296-20

WAC

Permanent partial disability (PPD) impairment--Partial amputation of the finger Jason McGill

Office of the Medical Director

(360) 902-4997

Jami Lifka

Office of the Medical Director

(360) 902-4941

Suspended per

Executive Order

10-06

TBD TBD Currently, RCW 51.32.080(1) specifies the PPD value of an amputation at the joint for upper extremities and lower extremities. It also specifies PPD values for amputation between the joints for upper extremities and lower extremities, but it does not list PPD values for amputation between the joints of the fingers. This leads to inconsistent PPD awards by claim managers. The new rule would specify how examiners determine impairment and specify how the department and self-insurers award PPD.
Chapter 296-20

WAC

Health technology clinical committee (HTCC) decisions Jason McGill

Office of the Medical Director

(360) 902-4997

Jami Lifka

Office of the Medical Director

(360) 902-4941

TBD TBD TBD As the HTCC makes decisions, the agency may need to make rule changes to come in line with the decisions.
Chapter 296-20

WAC

Mental health impairment ratings Jason McGill

Office of the Medical Director

(360) 902-4997

Jami Lifka

Office of the Medical Director

(360) 902-4941

Suspended per

Executive Order

10-06

TBD TBD There has been some discussion with external stakeholders for the mental health impairment ratings. However, the department has not yet filed a CR-101, nor has the department made any decisions on what direction to go.
Chapter 296-20

WAC

Pain management for chronic pain Jason McGill

Office of the Medical Director

(360) 902-4997

Jami Lifka

Office of the Medical Director

(360) 902-4941

Suspended per

Executive Order

10-06

TBD TBD During the 2010 legislative session, the department of health (DOH) boards and commissions were mandated to adopt rules that relate to pain management for chronic pain. There may be a need for L&I to amend its opioid rules in response to the DOH rules.
Chapter 296-20

WAC

Medical aid conversion factors Erik Landaas

Health Services Analysis

(360) 902-4244

Tom Davis

Health Services Analysis

(360) 902-6687

Suspended per

Executive Order

10-06

TBD TBD This rule making is to update conversion factors used to determine payments to medical providers.
Chapter 296-20

WAC

Physical therapy rules Erik Landaas

Health Services Analysis

(360) 902-4244

Tom Davis

Health Services Analysis

(360) 902-6687

Suspended per

Executive Order

10-06

TBD TBD This rule making is to update the maximum daily fees payable to physical therapists.
Chapter 296-20

WAC

Occupational therapy rules Erik Landaas

Health Services Analysis

(360) 902-4244

Tom Davis

Health Services Analysis

(360) 902-6687

Suspended per

Executive Order

10-06

TBD TBD This rule making is to update the maximum daily fees payable to occupational therapists.
Chapter 296-20

WAC

Missed medical appointments Erik Landaas

Health Services Analysis

(360) 902-4244

Aaron Huff

Health Services Analysis

(360) 902-4259

12/22/09

WSR

10-01-171

TBD TBD The department of labor and industries is clarifying ambiguity in rules regarding whether providers can charge injured workers for missed appointments.
Chapter 296-23

WAC

Independent medical examinations (IMEs) Anita Austin

Health Services Analysis

(360) 902-6825

Kristen Baldwin-Boe

Health Services Analysis

(360) 902-6815

Suspended per

Executive Order

10-06

TBD TBD The department had plans to open WAC 296-23-317 and 296-23-337, and most likely create additional rules under chapter 296-23 WAC to include topics such as:

Code of ethics for IME providers (both examiners and IME firms).

Quality measures for the IME examination process.

Impairment rating and case progress consultations.

Ordering IMEs -- What is required from the referral source?

Define issues around IMEs/attending physicians -- Sharing information.

Chapter 296-23

WAC

Provision of medical testimony for independent medical examinations Gary Walker

Health Services Analysis

(360) 902-6823

Suspended per

Executive Order

10-06

TBD TBD This rule making will clarify the responsibilities of independent medical examiners regarding providing medical testimony, who can require them to testify, their availability to testify, and whether the L&I fee schedule applies to self-insured as well as state fund cases.
DIVISION: SPECIALTY COMPLIANCE SERVICES
WAC

CHAPTER(S)

RULE SUBJECT AGENCY

CONTACT

PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
TBD (new WAC chapter) Employment standards--Wage violations Sally Elliott

Specialty Compliance Services

(360) 902-6411

Suspended per

Executive Order

10-06

TBD TBD This rule making is a result of SHB 3185 (chapter 89, Laws of 2006). This bill authorizes civil penalties and interest for unpaid wages for violations of certain wage violations, including minimum wage, overtime, illegal deductions, nonpayment of final paycheck, and willful violations of agreed wages.
Chapter 296-05

WAC

Apprenticeship rules Sally Elliott

Specialty Compliance Services

(360) 902-6411

9/22/09

WSR

09-19-123

12/13/10

WSR

11-01-082

5/3/11 The rule making amends the apprenticeship rule in response to the rules adopted by the United States Department of Labor for the Apprenticeship Programs, Labor Standards for Registration. The department is required to adopt changes to the apprenticeship rules to be in compliance with the new federal rules.

In addition, the rule making reviewed Initiative 937, which established an incentive to utilize state registered apprentices when entities construct/build renewable energy projects. The Washington state apprenticeship and training council, under I-937, is tasked with setting the level of apprentice utilization for such projects and verifying that such levels are achieved through a review process. With the growing emphasis on renewable energy resources, the rules are being amended to outline the processes and procedures through which entities can obtain certification of apprentice utilization.

Chapter 296-46B WAC Electrical rules Sally Elliott

Specialty Compliance Services

(360) 902-6411

9/21/10

WSR

10-19-112

3/1/11 5/17/11 The rule making reviews the electrical rules for technical and administrative additions or revisions. The electrical rules are reviewed on a regular basis to ensure the rules are consistent with the national consensus standards and industry practice, to clarify the rules, and for possible housekeeping changes. Pursuant to Executive Order 10-06, the program will move forward with only the electrical trainee piece to be compliant with SHB 2546 (chapter 33, Laws of 2010).
Chapter 296-96

WAC

Elevator rules Sally Elliott

Specialty Compliance Services

(360) 902-6411

Suspended per

Executive Order

10-06

TBD TBD The rule making is a result of SHB 1055 (chapter 36, Laws of 2009). The rule making will also review the elevator rules for additions and revisions. The elevator rules are reviewed on a regular basis to: Ensure the rules are consistent with the national consensus standards and industry practice and to clarify the rules as needed.
Chapter 296-104 WAC Board of boiler rules Sally Elliott

Specialty Compliance Services

(360) 902-6411

7/20/10

WSR

10-15-102

10/5/10

WSR

10-20-135

Suspended per

Executive Order

10-06

The rule making amends the board of boiler rules by making clarifying and technical changes. The changes will:

Add a definition of a "pool heater" to eliminate confusion for inspectors, owner/users, manufacturers and installers regarding what units are acceptable for service by the jurisdiction.

Adopt the current edition of the ASME Boiler and Pressure Vessel Code.

Chapter 296-125 WAC

Employment standards--Child labor rules Sally Elliott

Specialty Compliance Services

(360) 902-6411

2/19/08

WSR

08-05-107

TBD TBD The rule making reviews the child labor rules in order to incorporate current administrative policies and federal law. The rules are also being reviewed and amended for clarity and ease of use. A number of changes are necessary to update the state regulations to be compatible with federal law and to remove the jeopardy of noncompliance with federal law for Washington employers. Pursuant to Executive Order 10-06, the program will file a new CR-101 to clarify the amendments will reflect federal law.
Chapter 296-126 WAC Employment standards--Meal and rest break rules Sally Elliott

Specialty Compliance Services

(360) 902-6411

5/19/10

WSR

10-11-121

Suspended per

Executive Order

10-06

TBD The rule making is to clarify the meal and rest break rules as a result of current law such as Wingert v. Yellow Freight, 146 Wn.2d 841 (2002) and Alvarez v. IBP, 339 F.3d 894 (9th Cir. 2003).
Chapter 296-127 WAC Prevailing wage--Scope of work descriptions for dredge workers, truck drivers, and ready mix truck drivers Sally Elliott

Specialty Compliance Services

(360) 902-6411

7/20/10

WSR

10-15-107

11/2/10

WSR

10-22-104

CR-102 was Withdrawn on 12/2/10

WSR

11-01-008

New CR-102 Suspended per

Executive Order

10-06

TBD The rule-making drafts wage rates for several job classifications but no corresponding scope of work descriptions. The rule making will adopt scope of work descriptions for dredge workers, truck drivers, and ready mix truck drivers.
Chapter 296-127 WAC Prevailing wage Sally Elliott

Specialty Compliance Services

(360) 902-6411

6/16/09

WSR

09-13-077

5/18/10

WSR

10-11-116

Suspended per

Executive Order

10-06

The rule making reviews prevailing wage rules, which have not gone through a comprehensive review since the early 90s. Amendments will be made to reflect:

Reflect court decisions;

Integrate administrative policies;

Streamline current processes;

Create consistency with the statute; and

Make housekeeping changes.

Chapter 296-127 WAC Prevailing wage--Scope of work descriptions for utilities construction and laborers in utilities construction Sally Elliott

Specialty Compliance Services

(360) 902-6411

8/16/10

WSR

10-17-087

Suspended per

Executive Order

10-06

TBD The department received rule-making petitions to repeal the scope of work definitions for utilities construction and laborers in utilities construction. The petitions state the repeal of these scopes of work would eliminate confusion for wage survey respondents, would allow the department to calculate a more accurate wage rate, and would be consistent with references from the federal Davis Bacon Act.
Chapter 296-127 WAC Prevailing wage--Scope of work description for fabricated precast concrete products Sally Elliott

Specialty Compliance Services

(360) 902-6411

Suspended per

Executive Order

10-06

TBD TBD The department is currently working with the prevailing wage advisory committee on the scope of work definition for fabricated precast concrete products.
Chapters 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, and 296-150V WAC Factory assembled structures Sally Elliott

Specialty Compliance Services

(360) 902-6411

9/22/09

WSR

09-19-121

9/1/10

WSR

10-18-103

Suspended per

Executive Order

10-06

The rule making reviews the factory assembled structure rules on a regular basis to ensure the rules are consistent with industry practice, for clarification, and for possible housekeeping changes. The rules need to be amended to reflect current code references and in response to internal audit findings.
Chapter 296-200A WAC Contractor certificate of registration Sally Elliott

Specialty Compliance Services

(360) 902-6411

7/6/10

WSR

10-14-103

Suspended per

Executive Order

10-06

TBD The rule making reviews the contractor registration rules to ensure consistency with industry practice and clarity of language. The rule making will make housekeeping changes and update language for clarity and consistency with industry practices.

Tamara Jones

Assistant Director for Legislative and

Government Affairs/Rules Coordinator

Washington State Code Reviser's Office