WSR 12-01-045

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed December 14, 2011, 8:34 a.m. ]

     Pursuant to RCW 34.05.314, below is the department of labor and industries' semi-annual rules development agenda for January 1 through June 30, 2012.

     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, 2012



WAC CHAPTER(S) RULE SUBJECT AGENCY CONTACT PROPOSED TIMELINE BRIEF DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: ADMINISTRATIVE SERVICES
296-06 Public records. Angela Wharton

Public Records

(360) 902-5542

Suspended per Executive Orders 10-06 and 11-03 TBD TBD This rule making will update the public record WACs with the current agency organizational information, statutory references, web links, and records request information.
DIVISION: CRIME VICTIMS COMPENSATION
296-31

296-33

Crime victims compensation rules and fees and attendant services. Maty Brimmer

Crime Victims

(360) 902-6707

Spring 2012 Late Summer 2012 Fall 2012 This rule making is to update the mental health and attendant services rules to ensure consistency [with] SSB 5691 (chapter 346, Laws of 2011).
DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
All DOSH WACs DOSH rules overhaul. Devin Proctor

DOSH

(360) 902-5541

Suspended per

Executive Orders 10-06 and 11-03

TBD TBD This rule making will consist of reorganization, renumbering, and plain language changes. The Washington Industrial Safety and Health Act (WISHA) advisory committee is urging DOSH to proceed with this work.
296-24

296-37

296-62

296-304

296-800

296-849

Standards improvement project. Cathy Julian

DOSH

9360) [(360] 902-5401

N/A 3/6/12

(CR-105)

6/5/12 This rule making is being proposed to comply with a federal Occupational Safety and Health Administration (OSHA) requirement to adopt rule changes consistent with the final rule of their standards improvement project. It is the third in the OSHA Standards Improvement Projects initiative, which periodically reviews OSHA regulations with the goal of improving and eliminating those that are confusing, outdated, duplicative, or inconsistent.
296-24 General safety and health standards -- Electrical rules. Kimberly Johnson

DOSH

(360) 902-5008

N/A 1/31/12

(CR-105)

4/3/12 DOSH is required to have rules at-least-as-effective-as the federal OSHA. DOSH was notified 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.
296-32 Telecommunications. Beverly Clark

DOSH

(360) 902-5516

Suspended per

Executive Orders 10-06 and 11-03

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.
296-36

296-155, Part Q

Compressed atmospheres. Cindy Ireland

DOSH

(360) 902-5522

TBD TBD TBD This rule making will address requirements relating to compressed atmospheres. The current requirements have not been amended since 1962 resulting in multiple variances that have had to been [be] issued to deal with these outdated requirements. Stakeholders have requested that this rule proceed.
296-45 Electrical. Cindy Ireland

DOSH

(360) 902-5522

TBD TBD TBD The department is reviewing chapter 296-45 WAC, Safety standards for electrical workers, to determine areas where we may be "not-at-least-as-effective-as" the federal standard. While updating another rule, there were areas of concern identified in chapter 296-45 WAC that need to be looked at.
296-54 Safety standards for logging. Kimberly Johnson

DOSH

(360) 902-5008

11/16/10

WSR

10-23-096

TBD TBD The department received several petitions for rule making for the logging standard. The department has accepted the petitions and will begin formal rule making.
296-62 Hazardous drugs. Beverly Clark

DOSH

(360) 902-5516

7/19/11

WSR

11-15-064

10/18/11

WSR

11-21-080

1/3/12 The 2011 legislature passed ESSB 5594 which requires the department to adopt rules implementing the 2004 National Institute for Occupational Safety and Health (NIOSH) alert on safe handling of hazardous drugs. The legislation requires the rules be consistent with the recommendations set forth in NIOSH's alert and states that the rules may not exceed these recommendations. The department may incorporate Centers for Disease Control and Prevention (CDC) updates and changes to the alert.
196-155 Fall protection. Cindy Ireland

DOSH

(360) 902-5522

4/4/06

WSR

06-08-085

TBD 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.
296-304 Shipyards. Kimberly Johnson

DOSH

(360) 902-5008

N/A 12/6/11

(CR-105)

WSR

11-24-062

2/21/12 OSHA changed their rules on working conditions in shipyards, which updates existing requirements to reflect advances in industry practices and technology and provides new protections from hazards that were not previously addressed, including the control of hazardous energy. DOSH is required to modify our rules to ensure they are "at-least-as-effective-as" OSHA's rules.
296-305 Firefighting. Kimberly Johnson

DOSH

(360) 902-5008

11/4/08

WSR

08-22-082

TBD TBD 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.
296-307 Safety standards in agriculture--REDON fit testing. Devin Proctor

DOSH

(360) 902-5541

Suspended per

Executive Orders 10-06 and 11-03

TBD TBD The department will put respirator requirements for the controlled negative pressure REDON fit testing protocol into the agriculture rule.
296-900 Abatement. Devin Proctor

DOSH

(360) 902-5541

7/19/11

WSR

11-15-063

10/18/11

WSR

11-21-079

1/3/12 The legislature passed ESSB 5068 relating to abatement of violations of the Washington Industrial Safety and Health Act during an appeal, which amends RCW 49.17.140. An appeal of any violations classified and cited as serious, willful, repeat serious, or failure to abate serious violations does not stay abatement dates and requirements, except under certain circumstances. The department will not grant a stay when it can determine that the preliminary evidence shows a substantial probability of death or serious harm to workers.
296-900 Monetary penalties. Kimberly Johnson

DOSH

(360) 902-5008

11/16/10

WSR

10-23-095

Suspended per

Executive Orders

10-06 and

11-03

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.
296-900 Safety and health investment project (SHIP) grants. Kimberly Johnson

DOSH

(360) 902-5008

N/A 11/1/11

(CR-105)

WSR

11-22-080

1/18/12 This rule making will address the criteria for the distribution of SHIP grants fund awards required by EHB 2123, which was passed by the 2011 legislature.
DIVISION: INSURANCE SERVICES
296-14 Confidentiality of workers' compensation claim files. Sandi Haerling

Integrated Claims Services -- Policies and Rules

(360) 902-5006

11/16/04

WSR

04-23-080

Suspended per

Executive Orders

10-06 and

11-03

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.
296-14 Industrial insurance definitions. Sandi Haerling

Integrated Claims Services -- Policies and Rules

(360) 902-5006

5/3/05

WSR

05-10-073

Suspended per

Executive Orders

10-06 and

11-03

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.
296-14 Pension discount rates and mortality assumptions. Sandi Haerling

Integrated Claims Services -- Policies and Rules

(360) 902-5006

6/20/01

WSR

01-13-096

Suspended per

Executive Orders

10-06 and

11-03

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

Integrated Claims Services -- Policies and Rules

(360) 902-5006

4/22/08

WSR

08-09-115

Suspended per

Executive Orders

10-06 and

11-03

TBD This rule making will amend existing rules for consistency with RCW 51.08.178 (2007 SHB 1244). In addition, a new rule will be added to clarify when the value of health care benefits is included in determining the worker's monthly wage.
296-14

296-15

Suppressing workers' compensation claims. Sandi Haerling

Integrated Claims Services -- Policies and Rules

(360) 902-5006

6/5/07

WSR

07-12-079

Suspended per

Executive Orders

10-06 and

11-03

TBD Pursuant to RCW 51.28.010 and RCW 51.28.025 (2007 SSB 5443), rules are needed to define "bona fide workplace safety," "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.
296-14A (New) Claim resolution structured settlement agreements. Sandi Haerling

Integrated Claims Services -- Policies and Rules

(360) 902-5006

An emergency CR-103 is scheduled to be filed and effective on 1/3/12 for one hundred twenty days This rule making is necessary pursuant to RCW 51.04.062, 51.04.063, and 51.04.065 (EHB 2123, chapter 37, Laws of 2011), for
7/19/2011

WSR

11-15-068

TBD TBD
the implementation of allowing claim resolution structured settlements for injured workers age fifty-five and older effective January 1, 2012, fifty-three and older effective January 1, 2015, and fifty and older effective January 1, 2016.
296-15 Claim filing and recordkeeping at on-site medical facilities. Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Orders 10-06 and 11-03

TBD TBD The purpose of this rule making is to clarify the requirements for what records self-insured employers must maintain for on-site medical facilities, including when a claim must be filed.
296-15 Continuing education requirements for self-insurance claims administrators. Margaret Conley

Self-Insurance

(360) 902-6723

12/15/09

WSR

10-01-083

11/1/11

WSR

11-22-079

1/17/12 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.
296-15 Definition of claim arrival. Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Orders 10-06 and 11-03

TBD TBD The purpose of this rule making is to clarify what documentation constitutes notice of a claim for self-insured employers. This date is key for determining benefit timeliness.
296-15 Definition of first aid. Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Orders 10-06 and 11-03

TBD TBD The purpose of this rule making is to define "first aid." This will clarify when a claim does not need to be filed, and when one must be filed.
296-15 Reporting option 2 vocational costs to L&I. Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Orders 10-06 and 11-03

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.
296-15 Self-insurance electronic data reporting system (SIEDRS) requirements and penalties. Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Orders 10-06 and 11-03

TBD TBD The purpose of this rule making is to clarify language regarding reporting requirements and penalties as they relate to SIEDRS.
296-15 Self-insurance -- Housekeeping changes. Margaret Conley

Self-Insurance

(360) 902-6723

8/20/08

WSR

08-17-117

Suspended per

Executive Orders

10-06 and

11-03

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."
296-16A (New) Stay at work program. Richard Bredeson

Employer Services

(360) 902-4985

7/19/11

WSR

11-15-067

12/6/11

WSR

11-24-061

2/27/12 This rule making creates rules to accommodate requirements made by EHB 2123 (chapter 37, Laws of 2011) for a program allowing employers to be reimbursed for a portion of wages paid to injured workers on light duty.
296-17 Change of ownership--Experience modification factor. Jo Anne Attwood

Employer Services

(360) 902-4777

Suspended per

Executive Orders 10-06 and 11-03

TBD TBD This rule making is to simplify the change of ownership - experience modification factor rule. An ad hoc committee will be created to assist with the rule changes.
296-17

296-17A

Classifications for agricultural industries. Karen Chamberlain

Employer Services

(360) 902-4772

TBD TBD TBD This rule making will clarify language and better organize subclassifications in the agricultural industries.
296-17

296-17A

Classifications for land surveyors. Karen Chamberlain

Employer Services

(360) 902-4772

TBD TBD TBD This rule making will evaluate the fairness and equality of rates in the land survey industry.
296-17

296-17A

Employer services -- Housekeeping changes. Jo Anne Attwood

Employer Services

(360) 902-4777

1/31/12 3/20/12 5/22/12 This rule making is to correct various rules for typographical errors, organizational flow, and clarity of language for improved application of rules.
296-17

296-17A

Reporting for schools. Jo Anne Attwood

Employer Services

(360) 902-4777

1/31/12 3/20/12 5/22/12 This rule making is intended to provide a simpler method for reporting contract teachers, easing the administrative burden of the employer.
296-17A Classifications for entertainers. Patti Phillips

Employer Services

(360) 902-4723

TBD TBD TBD This rule making will change the classification for reporting dancers to the entertainer classification.
296-17

296-17B

2013 workers' compensation premium rates. Jo Anne Attwood

Employer Services

(360) 902-4777

6/19/12 8/21/12 11/20/12 This rule making will set rates for 2013 workers' compensation insurance.
296-17B Retrospective rating. Jo Anne Attwood

Employer Services

(360) 902-4777


Tim Smolen

Retrospective Rating

(360) 902-4835


Diane Doherty

(360) 902-5903

1/31/12 3/20/12 5/25/12 This rule will accommodate requirements made by EHB 2123 (chapter 37, Laws of 2011) and ESHB 1725 (chapter 290, Laws of 2011).
296-20 Clarifying medication coverage. Leah Hole-Curry

Office of the Medical Director

(360) 902-4996

January or February 2012 TBD TBD Medication WACs need to be amended to clarify that L&I does not cover non-FDA approved medications and to add a statement about drugs regulated outside of the country.
296-20 Health technology clinical committee (HTCC) decisions. Leah Hole-Curry

Office of the Medical Director

(360) 902-4996

10/4/11

WSR

11-20-082

TBD TBD As the HTCC makes decisions, the agency may need to make rule changes to come in line with the decisions. This rule making includes, but is not limited to, spinal injections and transcutaneous electrical nerve stimulator (TENS) devices.
296-20 Management for chronic pain. Leah Hole-Curry

Office of the Medical Director

(360) 902-4996

June/July 2012 TBD TBD L&I may need to amend its opioid rules in response to the department of health's rules and the industrial insurance medical advisory committee's update of the L&I's opioid guidelines. Possible revisions include, but are not limited to, adding a new requirement for dosing consultations and episodic care, making sure that L&I forms are consistent with the department of health requirements, and addressing addiction treatment.
296-20

296-23

Medical aid conversion factors, physical therapy rules, and occupational therapy rules. Erik Landaas

Health Services Analysis

(360) 902-4244


Tom Davis

Health Services Analysis

(360) 902-6687

12/20/11 2/21/12 4/24/12 This rule making is to update conversion factors used to determine payments to medical providers, and to update the maximum daily fees payable to physical and occupational therapists.
296-20 Medical provider network and Centers for Occupational Health and Education (Phase I). Leah Hole-Curry

Office of the Medical Director

(360) 902-4996

5/31/11

WSR

11-12-071

11/2/11

WSR

11-22-078

1/3/12 SSB 5801 (chapter 6, Laws of 2011) L&I to establish a medical provider network to treat injured workers of employers insured with L&I and of self-insured employers. SSB 5801 also expands Centers for Occupational Health and Education (COHEs). Rules are necessary to implement the changes. The department is creating and/or amending necessary rules in phases to ensure timely completion of all required provisions. This initial set of rules includes establishing minimum standards for credentials of medical providers and other requirements for network participation and to define "risk of harm."
296-20

296-14

296-15

296-21

296-23

296-23A

296-23B

Medical provider network and Centers for Occupational Health and Education (Phase II). Leah Hole-Curry

Office of the Medical Director

(360) 902-4996

11/22/11

WSR

11-23-142

January 2012 TBD SSB 5801 (chapter 6, Laws of 2011) directs L&I to establish a medical provider network to treat injured workers of employers insured with L&I and of self-insured employers. SSB 5801 also expands COHEs. Rules are necessary to implement the changes. The department is creating and/or amending necessary rules in phases to ensure timely completion of all required provisions. This rule-making phase will create and/or amend rules that are needed to effectively launch and maintain the network and improve quality of medical care provided to injured workers.
296-20 Missed medical appointments. Aaron Huff

Health Services Analysis

(360) 902-4259

12/22/09

WSR

10-01-171

11/22/11

WSR

11-23-137

2/21/12 This rule making is to clarify when and under what circumstance a provider can charge an injured worker for "no shows" or "missed appointments" related to the industrial injury on an approved claim.
296-23 Independent medical examinations (IMEs). Kristen Baldwin-Boe

Health Services Analysis

360 902-6815

March 2012 TBD TBD Rules may need to be updated with the new medical provider network requirements.
DIVISION: SPECIALTY COMPLIANCE SERVICES
296-05 Apprenticeship rules. Sally Elliott

Specialty Compliance Services

(360) 902-6411

TBD TBD TBD SB 5584 (chapter 308, Laws of 2011) adds a new level of review for federal purposes, director's review, to Washington state apprenticeship and training council action prior to any court appeal. The apprenticeship program needs to adopt an appeal process by rule in order to implement the law.
296-46B Electrical rules. Sally Elliott

Specialty Compliance Services

(360) 902-6411

1/17/12 3/6/12 5/22/12 The purpose of this rule making is to increase the electrical fees in order to ensure the electrical program has a six month fund balance.
296-46B Electrical rules. Sally Elliott

Specialty Compliance Services

(360) 902-6411

TBD TBD TBD The electrical program reviews the electrical rules for additions and revisions on an annual basis to ensure the rules are consistent with the national consensus standards and industry practice. Due to Executive Order 10-06, rules were not modified in 2011; therefore, the program needs to proceed with rule making in order to make sure the rules reflect industry practice.
296-96 Elevator rules. Sally Elliott

Specialty Compliance Services

(360) 902-6411

10/18/11

WSR

11-21-082

12/20/11 3/6/12 The purpose of this rule making is to increase the elevator fees in order to cover the costs for ongoing services for the elevator program.
296-96 Elevator rules. Sally Elliott

Specialty Compliance Services

(360) 902-6411

1/17/12 3/6/12 5/22/12 This rule making is a result of SHB 1055 (chapter 36, Laws of 2009), which made changes to RCW 70.87.230 and 70.87.250. 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.
296-104 Board of boiler rules. Sally Elliott

Specialty Compliance Services

(360) 902-6411

11/1/11

WSR

11-22-081

1/3/12 4/17/12 The purpose of this rule making is to increase the boiler fees in order to cover the costs for ongoing services for the program.
296-104 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

(Withdrawn on 4/19/11)


Suspended per

Executive Orders

10-06 and

11-03

TBD 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.

296-125 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.
296-126 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 Orders

10-06 and

11-03

TBD The rule making is to clarify the meal and rest break rules as a result of existing law such as Wingert v. Yellow Freight, 146 Wn.2d 841 (2002) and Alvarez v. IBP, 339 F.3d 894 (9th Cir. 2003).
296-127 Prevailing wage. Sally Elliott

Specialty Compliance Services

(360) 902-6411

6/16/09

WSR

09-13-077

5/18/10

WSR

10-11-116

(Withdrawn on 12/1/10)


Suspended per

Executive Orders

10-06 and

11-03

TBD 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 court decisions;

• Integrate administrative policies;

• Streamline current processes;

• Create consistency with the statute; and

• Make housekeeping changes.

296-127 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

(Withdrawn on 12/2/10)


Suspended per

Executive Orders

10-06 and

11-03

TBD L&I has wage rates for dredge workers, truck drivers, and ready mix drivers, but no corresponding scope of work descriptions. The rule making will adopt scope of work descriptions for those worker classifications.
296-127 Prevailing wage -- Scope of work description for fabricated precast concrete products. Sally Elliott

Specialty Compliance Services

(360) 902-6411

Suspended per

Executive Orders

10-06 and

11-03

TBD TBD L&I is currently working with the prevailing wage advisory committee on the scope of work definition for fabricated precast concrete products.
296-127 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 Orders

10-06 and

11-03

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.
296-150C

296-150F

296-150M

296-150P

296-150R

296-150T

296-150V

Factory assembled structures. Sally Elliott

Specialty Compliance Services

(360) 902-6411

10/18/11

WSR

11-21-081

12/20/11 3/6/12 The purpose of this rule making is to increase the factory assembled structure fees in order to cover the costs for ongoing services for the program.
296-150C

296-150F

296-150I

296-150M

296-150P

296-150R

296-150T

296-150V

Factory assembled structures. Sally Elliott

Specialty Compliance Services

(360) 902-6411

9/22/09

WSR

09-19-121

3/6/12 5/22/12 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.
296-200A Contractor certificate of registration. Sally Elliott

Specialty Compliance Services

(360) 902-6411

7/6/10

WSR

10-14-103

Suspended per

Executive Orders

10-06 and

11-03

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.
296-400A Plumber certification. Sally Elliott

Specialty Compliance Services

(360) 902-6411

TBD TBD TBD This rule making is a result of SSB 5067 (chapter 301, Laws of 2011). The bill allows the program to use alternative methods for mailing certified and registered mail.

Tamara Jones

Assistant Director for Legislative and

Government Affairs/Rules Coordinator

© Washington State Code Reviser's Office