WSR 13-16-021
AGENDA
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed July 26, 2013, 2:03 p.m.]
Pursuant to RCW 34.05.314, following is the department of labor and industries' semi-annual rules development agenda for July 1 through December 31, 2013.
There may be additional rule-making activities not on the agenda as conditions warrant.
Please contact Suchi Sharma at (360) 902-6744 or shuchi.sharma@lni.wa.gov [suchi.sharma@lni.wa.gov] if you have any questions.
Semi-Annual Rules Development Agenda
July 1 - December 31, 2013
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.
Angie Wharton
Public Records
(360) 902-5542
TBD
TBD
TBD
Revise rules to update the public record WACs with the current agency organizational information, statutory references, web links, and records request information.
DIVISION: CRIME VICTIM[S] COMPENSATION (CVC)
296-30
Rules for the administration of the CVC program.
Maty Brimmer
CVC
(360) 902-6707
TBD
Sept – Oct 2013
TBD
TBD
Adopt some worker compensation rules for the administration of the CVC program.
DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
All DOSH WACs
All DOSH WACs.
Cathy Julian
DOSH
(360) 902-5401
(CR-105 filed 6/18/13,
objection received)
WSR
13-13-064
TBD
TBD
Reorganize, renumber, make plain language changes, and easier e-access via smart phones, etc. The WISHA advisory committee is urging DOSH to proceed with this work.
296-32
Safety standards for telecommunications.
Cindy Ireland
DOSH
(360) 902-5522
8/20/13
TBD
TBD
Update current telecommunications standard and bring it up-to-date with industry standards. DOSH has been working with a telecommunication stakeholder group to develop draft language.
296-36
296-155, Part Q
Safety standards—Compressed air work.
Cindy Ireland
DOSH
(360) 902-5522
9/18/12
WSR
12-19-075
TBD
TBD
Update current rules related to compressed air work based on industry developments and technology.
296-37
Standards for commercial diving operations.
Cindy Ireland
DOSH
(360) 902-5522
TBD
TBD
TBD
Possibly update rule in response to recent accidents.
296-45
Safety standards for electrical workers (helicopters).
Jeff Killip
DOSH
(360) 902-5530
3/5/13
WSR
13-06-055
TBD
TBD
Address for the first time safety standards addressed for lineman working from a basket attached to a helicopter.
296-52
Safety standards for possession, handling, and use of explosives.
Cindy Ireland
DOSH
(360) 902-5522
NA
(CR-105)
9/3/13
TBD
Initiate expedited rule making to align DOSH regulations with a 2013 adopted Washington state statute.
296-xxx
Head protection.
Cindy Ireland
DOSH
(360) 902-5522
TBD
(CR-105)
9/3/13
TBD
Initiate rule making in response to OSHA rule change. Discussions underway regarding type and scope of rule making needed.
296-155
Safety standards for construction work.
Jeff Killip
DOSH
(360) 902-5530
NA
(CR-105)
8/20/13
TBD
Initiate expedited rule making to address an external broken link referenced in current DOSH regulation.
296-307
Safety standards in agriculture – REDON fit testing.
Jeff Killip
DOSH
(360) 902-5530
TBD
TBD
TBD
Put respirator requirements for the controlled negative pressure REDON fit testing protocol into the agriculture rule.
296-901
Globally harmonized system (GHS) for hazard communication – PHASE 2.
Beverly Clark
DOSH
(360) 902-5516
5/21/13
WSR
13-11-109
TBD - Fall 2013
TBD - Winter 2013
Align over thirty WACs with GHS and incorporate additional OSHA rule changes made on February 8, 2013. Phase 2 of 2.
DIVISION: FIELD SERVICES AND PUBLIC SAFETY
296-46B
Electrical safety standards, administration, and installation.
Sally Elliott
Field Services and Public Safety
(360) 902-6411
5/21/13
WSR
13-11-126
TBD
TBD
Amend language in chapter 296-46B WAC, regarding scope of work requirements for load bank testing.
296-46B
Electrical safety standards, administration, and installation.
Sally Elliott
Field Services and Public Safety
(360) 902-6411
9/17/13
2/2014
5/2014
Adopt the 2014 national electrical code to ensure that rules are consistent with the national consensus standards and industry practice.
296-96
Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances.
Sally Elliott
Field Services and Public Safety
(360) 902-6411
11/20/12
WSR
12-23-075
8/20/13
11/5/13
• Adopt the current national conveyance safety standards for elevators and escalators, platform lifts and chair lifts, belt man lifts, and personnel hoists.
• Amend language for consistency and to clarify statutory requirements.
• Adopt proposals requested and supported by stakeholders.
• Amend the rules for clarification and safety.
• Amend language for general housekeeping, grammatical and reference corrections to bring the rules up-to-date.
296-150M
Manufactured homes.
Sally Elliott
Field Services and Public Safety
(360) 902-6411
10/13
TBD
TBD
Make housekeeping changes and update language for clarity and consistency with industry practices.
DIVISION: FRAUD PREVENTION AND LABOR STANDARDS
296-05
Apprenticeship rules.
Sally Elliott
Fraud Prevention and Labor Standards
(360) 902-6411
10/13
TBD
TBD
Make the final rule changes in response to the federal review to align the department's rules with the federal rules.
296-127
Prevailing wage.
Sally Elliott
Fraud Prevention and Labor Standards
(360) 902-6411
TBD
TBD
TBD
Review prevailing wage rules, which have not gone through a comprehensive review since the early 90s. Amendments will:
• 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
Fraud Prevention and Labor Standards
(360) 902-6411
9/13
TBD
TBD
Adopt scope of work descriptions for dredge workers, truck drivers, and ready mix drivers.
296-127
Prevailing wage—Scope of work description for fabricated precast concrete products.
Sally Elliott
Fraud Prevention and Labor Standards
(360) 902-6411
9/13
TBD
TBD
Adopt 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
Fraud Prevention and Labor Standards
(360) 902-6411
8/16/10
WSR
10-17-087
TBD
TBD
Repeal scope of work definitions for utilities construction and laborers in utilities construction.
296-200A
Contractor certificate of registration renewals—Security—Insurance.
Sally Elliott
Fraud Prevention and Labor Standards
(360) 902-6411
TBD
TBD
TBD
Make housekeeping changes and update language for clarity and consistency with industry practices.
296-400A
Plumber certification rules.
Sally Elliott
Fraud Prevention and Labor Standards
(360) 902-6411
TBD
TBD
TBD
Make housekeeping changes and update language for clarity and consistency with industry practices.
DIVISION: INSURANCE SERVICES – EMPLOYER SERVICES
296-17 and 296-17B
2014 workers' compensation premium rates.
Jo Anne Attwood
Employer Services
902-4777
6/19/13
WSR
13-13-062
9/17/13
11/30/13
Set rates for 2014 workers' compensation insurance.
296-17
Change of ownership—Experience modification factor.
Julia Sweeney
Employer Services
902-4799
TBD
TBD
TBD
Simplify change of ownership – experience modification factor rule, based on employer services strategic initiative.
296-17A
Classifications for tree services.
Dick Bredeson
Employer Services
902-4985
TBD
TBD
TBD
Possibly create separate classifications for tree trimmers.
296-17A
Classifications for schools and churches.
Dick Bredeson
Employer Services
902-4985
TBD
TBD
TBD
Possibly create separate classifications for schools and churches. Presently they are subclassifications of the same basic classification.
296-17A
Classifications for stores.
Dick Bredeson
Employer Services
902-4985
TBD
TBD
TBD
Reorganize multiple classifications to better address like business exposures.
296-17A
Classifications for nursing and boarding homes.
Dick Bredeson
Employer Services
902-4985
TBD
TBD
TBD
Reorganize multiple classifications to better address like business exposures.
296-17A
Classifications for optical stores.
Dick Bredeson
Employer Services
902-4985
TBD
TBD
TBD
Reorganize multiple classifications to better address like business exposures.
296-17A
Classifications for durable medical equipment.
Julia Sweeney
Employer Services
902-4799
TBD
TBD
TBD
Reorganize multiple classifications to better address like business exposures and eliminate existing contradictions in classification language.
296-17
Independent contractors reporting.
Colleen Nelson
Employer Services
902-4773
TBD
TBD
TBD
Clarify RCWs defining independent contractors.
296-17
Multiple classifications reporting.
Colleen Nelson
Employer Services
902-4773
TBD
TBD
TBD
Clarify existing rules on when employers qualify for multiple basic classifications.
296-17B
Retrospective rating.
Diane Doherty
Retrospective Rating
902-5903
4/30/13
WSR
13-10-066
8/20/13
11/15/13
Address extending requirements for businesses that enroll in individual retro plans and revising enrollment requirements for businesses under common majority ownership.
296-17A
Classifications for entertainers.
Patti Phillips
Employer Services
902-4723
TBD
TBD
TBD
TBD
296-17A
Classifications for agriculture and reforestation.
Karen Chamberlain
Employer Services
902-4772
TBD
TBD
TBD
Reformat classifications for clarity.
DIVISION: INSURANCE SERVICES - HEALTH SERVICES ANALYSIS
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
12/17/13
February 2014
April 2014
Update conversion factors used to determine payments to medical providers, and to update the maximum daily fees payable to physical and occupational therapists.
DIVISION: INSURANCE SERVICES - INTEGRATED CLAIMS SERVICES
296-14
Industrial insurance—Confidentiality of workers' compensation claim files.
Mark Rosen
Integrated Claims Services
(360) 902- 6570
11/16/04
WSR
04-23-080
TBD
TBD
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—Definition of temporary partial disability (loss of earning power).
Mark Rosen
Integrated Claims Services
(360) 902- 6570
1/2/13
WSR
13-02-092
TBD
TBD
Amend the definition of temporary partial disability (loss of earning power) in the medical aid rules and add a corresponding definition in the industrial insurance rules.
296-14
Industrial insurance—Pension discount rates and mortality assumptions.
Mark Rosen
Integrated Claims Services
(360) 902- 6570
6/20/01
WSR
01-13-096
TBD
TBD
Update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
296-14
Industrial insurance—Wages.
Mark Rosen
Integrated Claims Services
(360) 902- 6570
4/22/08
WSR
08-09-115
TBD
TBD
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
Industrial insurance—Suppressing workers' compensation claims.
Mark Rosen
Integrated Claims Services
(360) 902- 6570
6/5/07
WSR
07-12-079
TBD
TBD
Define, under RCW 51.28.010 and 51.28.025 (2007 SSB 5443), "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.
DIVISION: INSURANCE SERVICES – SELF-INSURANCE
296-15
Self-insurance—Housekeeping changes.
Ginny Klapstein
Self-Insurance
(360) 902-6748
8/20/08
WSR
08-17-117
TBD
TBD
Review chapter 296-15 WAC for any corrections and to ensure consistency with statute. Affected rules will also be rewritten using plain language.
296-15
Self-insurance—Certified claims administrators and continuing education requirements.
Ginny Klapstein
Self-Insurance
(360) 902-6748
3/19/13
WSR
13-07-060
August 2013
TBD
Define the term "certified claims administrator" and reclassify some continuing education credits to a "general education" category.
Suchi Sharma
Rules Coordinator