WSR 02-23-077

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF

     LABOR AND INDUSTRIES

[ Filed November 19, 2002, 10:10 a.m. ]

     In accordance with RCW 34.05.230(12), the following is a list of Policy and Interpretive Statements issued by the department for September and October 2002.

     If you have any questions or need additional information, please call Carmen Moore at (360) 902-4206.


POLICY AND INTERPRETIVE STATEMENTS for September 2002


WISHA Services Division


WISHA Regional Directive (WRD) 1.65 "Expert Testimony by WISHA Staff."

     This policy provides guidance to WISHA staff regarding expert testimony arising out of their job duties. It replaces WISHA interim interpretative memorandum (WIIM) #96-2-E, issued February 12, 1996, and will remain in effect indefinitely. This policy was issued September 2, 2002.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 2.40 "Hazards Found during Supervisory Spot Checks or Training Activities."

     This policy provides guidance to WISHA staff regarding the identification and correction of serious violations encountered outside normal enforcement and consultation activities. It replaces WISHA interim interpretative memorandum (WIIM) #96-2-L, issued February 26, 1996, and will remain in effect indefinitely. This policy was issued September 2, 2002.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


    
WISHA Regional Directive (WRD) 11.35 "Tuberculosis."

     This policy provides guidance to WISHA staff regarding application of Center for Disease Control (CDC) guidelines in cases involving potential TB exposure. It replaces WISHA interim interpretative memorandum (WIIM) #96-2-J, issued February 26, 1996, and will remain in effect indefinitely. This policy was issued September 2, 2002.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 18.45, "High Voltage Night Patrol Requirements."

     This policy provides guidance to WISHA staff regarding the application of WAC 296-385 [296-45-385](15), high voltage night patrols while operating a vehicle on public highways require two employees, one of whom must be journey level line worker or otherwise competent or qualified employee. It replaces WISHA interim interpretative memorandum (WIIM) 96-4-B, issued April 30, 1996, and will remain in effect indefinitely. This policy was issued September 2, 2002.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Regional Directive (WRD) 24.10, "Process Safety Management Inspections."

     This policy provides guidance to WISHA staff conducting process safety management inspections. It replaces WISHA interim interpretative memorandum (WIIM) 96-4-F, issued April 30, 1996, and will remain in effect indefinitely. This policy was issued September 2, 2002.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Interim Interpretative Memorandum (WIIM) #96-2-B "Definition of Livestock & Livestock Operations."

     This interim interpretative memorandum provided guidance to WISHA staff regarding the definition of "livestock" and "livestock operation" in relation to WAC 296-24-12501(2) (temporary labor camps), has been rescinded. With the updated "Temporary Worker Housing Standards," the policy is no longer needed. Repealed September 2, 2002.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Interim Interpretative Memorandum (WIIM) #96-3-E, "Hazardous Material Inspections Policy."

     This interim interpretative memorandum provided guidance to WISHA staff regarding adopting the federal standard for hazardous waste operations and emergency response, has been rescinded. The policy is no longer fully applicable because our standards on these subjects have been rewritten to separate the two issues. In addition, they are currently being rewritten as part of the clear rule-writing project. Repealed September 2, 2002.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Interim Interpretative Memorandum (WIIM) #96-6-D, "Permit-Required Confined Spaces."

     This interim interpretative memorandum provided guidance to WISHA staff regarding adopting the federal standard on permit-required confined spaces, has been rescinded. This policy is no longer necessary since the last standard addressed some of the issues in the federal standard and the rule is currently being reworked as part of the clear rule writing. Repealed September 2, 2002.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Interim Interpretative Memorandum (WIIM) #96-6-E, "Hearing Loss Recordkeeping."

     This interim interpretative memorandum supplemented WISHA Regional Directive (WRD) 94-1B (compliance policy for OSHA 200 log recording of confirmed standard threshold shifts for hearing loss) providing guidance to WISHA staff, has been rescinded. Since L&I follows OSHA's approach (with the most recent federal changes released July 2002), the policy is no longer necessary. Repealed September 2, 2002.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


WISHA Interim Interpretative Memorandum (WIIM) #96-9-A, "WISHA Hazard Alert Approval Process."

     This interim interpretative memorandum implemented the process coordinating the selection, development, and distribution of hazard alerts, is rescinded. The policy is no longer needed. Repealed September 2, 2002.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


POLICY AND INTERPRETIVE STATEMENTS for October


Insurance Services Division


POLICY 61.02 Determining Coverage for Law Enforcement Officers and Firefighters (LEOFF).

     This policy applies when determining industrial insurance coverage (state fund or self insurance) for municipal law enforcement officers and firefighters as determined by their retirement system act, or volunteer firefighters relief and pension. The policy was updated to remove reference to a specific telephone number for Washington State Retirement System. Amended October 1, 2002.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.


POLICY 64.60 Minimum in Tolerance Amount

     This policy was updated to provide additional guidelines for policy managers, revenue officers or field audit staff when there is a premium balance of $9.99 or less, either credit or debit, remaining on an employer's industrial insurance account. Amended October 1, 2002.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.


POLICY 64.61 Creating a Refund

     This policy was updated to provide additional guidelines for policy managers to use when they receive a request from a business for a refund of their industrial insurance premium. Amended October 1, 2002.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.


POLICY 91.28 Conducting the Post Audit Review via e-mail or by FAX

     This policy provides guidelines for field auditors conducting the post audit review via e-mail or by FAX. New policy effective October 1, 2002.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.


POLICY 30.11 Nonagency Spouse Attendant Services

     This policy provides guidelines to adjudicators regarding nonagency spouse attendant service providers approved by the insurer prior to October 1, 2001, and primarily supplements WAC 296-20-303. This policy applies to state fund and self-insured worker's compensation claims. Amended October 25, 2002.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.


POLICY 30.12 Agency Attendant Services

     This policy was developed to provide guidelines for adjudicators regarding all agency attendant services provided after May 31, 2002, and primarily supplements WAC 296-20-303. This policy applies to state fund and self-insured worker's compensation claims. New policy effective October 25, 2002.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.

Carmen Moore

Legislative and Governmental

Affairs Office

© Washington State Code Reviser's Office