Please contact Josh Swanson at (360) 902-6805 or e-mail at swaj235@lni.wa.gov, if you have any questions.

WAC CHAPTER	TITLE	AGENCY CONTACT	PROPOSED TIMELINE			DESCRIPTION OF CHANGES
			CR-101	CR-102	CR-103
DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
Chapter 296-800 WAC	Accident prevention program (APP)	Cathy Julian (360) 902-5401	TBD	TBD	TBD	Provide an improved description of the characteristics and parameters of an acceptable accident prevention program (APP) and to provide consistent wording and requirements regarding APPs across all rules that require an APP.
Chapter 296-155 WAC	Certification of crane inspectors, and crane operator qualifications and experience	Cindy Ireland (360) 902-5522	7/17/07	7/23/08	11/4/08	This rule making is in response to chapter 27, Laws of 2007 (ESHB 2171), requiring the department of labor and industries to have rules relating to certification of crane inspectors and cranes.
Chapter 296-115 WAC	Charter boats	Jill Saibel (360) 902-4519	4/22/08	7/1/08	9/30/08	The purpose of this rule making is to update the appeals section to more accurately reflect the intent of chapter 88.04 RCW, the Charter Boat Safety Act. The penalty language of this rule will also be updated to give the department more flexibility.
Chapters 296-24 and 296-155 WAC	Cranes and rigging for construction	Cindy Ireland (360) 902-5522	8/19/08	3/09	9/09	This rule making is in response to chapter 27, Laws of 2007 (ESHB 2171), requiring the department of labor and industries to have rules relating to certification of crane inspectors and cranes.
WAC 296-45-475	Electrical	Kim Johnson (360) 902-5008	8/5/08	TBD	TBD	The electric utility safety advisory committee (EUSAC) has come to the department with concerns about the protection of nonqualified workers while in energized electric utility substations. The EUSAC recommends that the department adopt language to help the industry ensure the safety of these workers.
WAC 296-800-310	Exit routes (core rules)	Kim Johnson (360) 902-5008	N/A	CR-105 expedited 6/17/08	9/2/08	The occupational safety and health administration (OSHA) has found some of the requirements in our rewritten rule regarding exit routes and employee alarm systems less-effective-than the federal rule. This proposal addresses the changes that will make our rule at-least-as-effective-as the federal equivalent.
Chapter 296-52 WAC	Explosives	Beverly Clark (360) 902-5516	4/1/08	5/20/08	7/22/08	This rule making is in response to chapter 285, Laws of 2008 (EHB 3381), which gave the department the authority to increase the fees associated with the explosives program.
Chapters 296-24, 296-45, 296-155, 296-305, 296-307, 296-800 WAC	Fall protection	Jamie Scibelli (360) 902-4568	4/4/06	TBD	TBD	We are reviewing language and combining two parts of the construction rule for clarity and ease of use. The department will clarify the interpretation of current rules and policies concerning employees working on a roof between four and ten feet and inconsistencies in requirements for common hazards (i.e. the height of guardrails and specifications for floor openings).
Chapter 296-305 WAC	Fire fighting	Kim Johnson (360) 902-5008	TBD	TBD	TBD	We are reviewing the fire fighting rules for possible updates and to make them easier to use and understand.
Chapter 296-817 WAC	Hearing loss	Kim Johnson (360) 902-5008	2/6/07	TBD	TBD	We are reviewing language in the hearing loss prevention (noise) rule, to clarify requirements and update language for consistency with industry standards.
Chapters 296-24, 296-27, 296-37, 296-305, 296-800 WAC	Hospitalization	Kim Johnson (360) 902-5008	N/A	CR-105 expedited 8/5/08	10/20/08	These sections are being added to DOSH's rules requiring employers to report when one employee is hospitalized due to a workplace illness or incident. These sections were inadvertently left out of the previous rule filing that changed these requirements.
Chapters 296-800, 296-304, 296-45, 296-56, 296-155 WAC	Personal protective equipment (PPE)	Kim Johnson (360) 902-5008	N/A	CR-105 expedited 8/5/08	9/30/08	The occupational safety and health administration (OSHA) has recently revised several of their rules to clarify the fact that personal protective equipment (PPE) for employees is to be paid for by the employer. We are proposing to make the same changes to our rule, to remain as-effective-as OSHA as mandated by statute.
DIVISION: INSURANCE SERVICES (WORKERS' COMPENSATION)
Chapters 296-14 and 296-15 WAC	Industrial insurance--Suppressing workers' compensation claims	Valerie Grimm (360) 902-5005	6/5/07	9/08	12/08	The proposed rules will assist in the implementation of chapter 77, Laws of 2007 (SSB 5443). 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 296-14 WAC	Industrial insurance--Wages	Valerie Grimm (360) 902-5005	4/22/08	9/08	12/08	This rule making will amend existing rules for consistency with chapter 297, Laws of 2007 (SHB 1244). 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--Confidentiality of worker's compensation claim files	Valerie Grimm (360) 902-5005	11/6/04	TBD	TBD	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--Pension discount rates and mortality assumptions	Valerie Grimm (360) 902-5005	6/20/01	TBD	TBD	This rule making will update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapter 296-14 WAC	Industrial insurance--Definitions	Valerie Grimm (360) 902-5005	5/3/05	10/08	3/09	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 296-14 WAC	Industrial insurance--Social security offset	Valerie Grimm (360) 902-5005	TBD	TBD	TBD	This rule making will consider possible changes to the social security offset requirements.
Chapter 296-19A WAC	Vocational rehabilitation	Valerie Grimm (360) 902-5005	4/22/08	9/17/08	12/31/08	The proposed rules will address option 2 benefits. Content of this rule filing has not been determined yet.
Chapter 296-19A WAC	Vocational rehabilitation	Valerie Grimm (360) 902-5005	5/21/08	3/09	6/30/09	The proposed rules will address criteria for approving nonaccredited and unlicensed training programs.
Chapter 296-14 WAC	Industrial insurance--Worker employment patterns	Valerie Grimm (360) 902-5005	8/21/02	TBD	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 impact crime victims' compensation.
Chapter 296-17 WAC	Rates	Bill Moomau (360) 902-4774 or JoAnne Smith (360) 902-4777	6/17/08	9/16/08	11/26/08	This rule making is for 2009 industrial insurance rate changes.
Chapter 296-17 WAC	Extraterritorial rules	Bill Moomau (360) 902-4774 or JoAnne Smith (360) 902-4777	5/12/08	7/22/08	9/19/08	This rule making is a result of chapter 88, Laws of 2008 (SB 6839), to clarify premium liability and information needed when Washington employers work out of state.
Chapters 296-17A and 296-17 WAC	Construction classifications and reporting	Bill Moomau (360) 902-4774 or JoAnne Smith (360) 902-4777	7/2/08	8/6/08	10/22/08	This rule making will consider housekeeping changes to existing construction classifications and rules, a new reporting allowance for light-duty injured workers.
Chapter 296-21 WAC	Psychiatric advanced registered nurse practitioners	Jami Lifka	7/29/08	TBD	TBD	The department is looking into this issue in response to a petition to change WAC 296-21-270. Currently WAC 296-21-270 limits psychiatric services for injured workers to psychiatrists and psychologists.
Chapter 296-15 WAC	2nd injury fund experience rating	Margaret Conley (360) 902-6723	1/23/07	12/2/08	3/3/09	This rule making is in response to chapter 475, Laws of 2005 (SSB 5992), we will implement rules to establish an experience rating for self-insurers' use of the industrial insurance 2nd injury fund. The rules will clarify how the experience rating for each self-insurer will be calculated effective July 1, 2009.
Chapter 296-15 WAC	SIEDRS (self insurance electronic data reporting system)	Margaret Conley (360) 902-6723	1/23/07	10/22/08	12/23/08	This rule making is in response to chapter 145, Laws of 2005 (SHB 1310), we will implement rules to enable self-insured employers to provide claim data. The rules will clarify what self-insurers must do to comply with the electronic data reporting requirements.
Chapter 296-15 WAC	Pay during appeal	Margaret Conley (360) 902-6723	8/5/08	9/5/08	11/18/08	This rule making is in response to chapter 280, Laws of 2008 (ESSB 3139 [E2SHB 3139]), we will implement rules to allow for stays of industrial insurance orders on appeal. These rules will clarify the process for self-insurers, including when benefits must be paid, how any overpayments resulting from a denial of stay can be recouped, establishing a fund for such repayment, and defining new reporting requirements so that the department can effectively track such overpayments.
Chapter 296-15 WAC	Housekeeping	Margaret Conley (360) 902-6723	8/5/08	9/5/08	11/18/08	The purpose of this rule making is to review chapter 296-15 WAC for possible changes.
WAC 296-23-302 through 296-23-392	Independent medical exams	Anita Austin (360) 902-6825	5/6/08	11/4/08	1/28/09	The purpose of this rule making is to review the credentialing requirements for independent medical examiners for possible changes.
DIVISION: SPECIALTY COMPLIANCE SERVICES - (SCS)
Chapter 296-05 WAC	Apprenticeship rules	Sally Elliott (360) 902-6411	9/18/07	TBD	TBD	The purpose of this rule making is to create provisional approval for new apprenticeship programs. The department will work with stakeholders to develop language and to review other possible housekeeping changes.
Chapter 296-46B WAC	Electrical rules	Sally Elliott (360) 902-6411	11/6/07	8/08	10/08	The department plans to review the electrical rules for possible changes. The electrical rules are reviewed on a regular basis to ensure the rules are consistent with the national consensus standards, industry practice, to clarify the rules, and for possible changes to fees.
Chapter 296-96 WAC	Elevator rules	Sally Elliott (360) 902-6411	N/A	CR-105 expedited 7/23/08	9/23/08	The purpose of this rule making is to make housekeeping changes to the elevator rules.
Chapter 296-104 WAC	Board of boiler rules	Sally Elliott (360) 902-6411	8/5/08	9/30/08	11/18/08	The purpose of the rule making is to make the following changes: • Clarify insurance inspector's responsibilities in WAC 296-104-045. • Adopt current editions of inspection codes in WAC 296-104-102. • Write new administrative WAC 296-104-250 for standards for installation. • Write new administrative WAC 296-104-500 for standards for repair. • Revise WAC 296-104-302 to adopt nationally recognized fuel train standards. • Update references throughout the rule.
Chapter 296-127 WAC	Prevailing wage -- Electronic technician	Sally Elliott (360) 902-6411	5/2/06	TBD	TBD	This rule making will amend the scope of work definition for electronic technicians. The department will work with stakeholders throughout the rule-making process.
Chapter 296-127 WAC	Prevailing wage fee changes	Sally Elliott (360) 902-6411	4/22/08	6/17/08	8/19/08	This rule making is as a result of chapter 285, Laws of 2008 (EHB 3381), which updated the filing fees for intents and affidavit from $25 to $40. The rule making will remove the $25 filing fee from the rule. The filing fees for prevailing wage intents and affidavits will be removed from the rule. The rules will have a reference to RCW 39.12.070, which clearly states the current fee set by the legislature. This will prevent the program from having to conduct rule making every time a fee change occurs.
Chapter 296-127 WAC	Prevailing wage -- Scope of work	Sally Elliott (360) 902-6411	7/22/08	9/16/08	11/18/08	The purpose of this rule making is to adopt scope of work descriptions for: • Construction site surveyor • Industrial power vacuum • Divers - Diver tenders.
WAC 296-127-018	Prevailing wage material delivery	Sally Elliott (360) 902-6411	2/5/08	TBD	TBD	During the last decade the prevailing wage program has seen a number of court decisions identify the extent to which prevailing wages are require to be paid for the work of incorporation and delivery of material on public projects. In particular, the recent Silverstreak case (2007), after nine years of court action, clarified the delivery and incorporation of fill material via belly dump and end-dump trucks. In addition, a series of other published cases (Heller v. Mclure Superior Asphalt 1 and 2) provided coverage for the oiling of machinery and the delivery and incorporation of asphalt, respectively. The purpose of this rule making is to clarify the coverage of delivery services and make the coverage of work and payment of wages consistent with the direction from the courts.
Chapter 296-128 WAC	Minimum wages hours worked	Sally Elliott (360) 902-6411	5/6/08	7/23/08	10/21/08	The rule making is in response to Bostain v. Food Express, Inc., 159 Wn.2d 700, 153 P.3d 846 (2007). In that case, the court concluded that RCW 49.46.130(1) requires overtime compensation for hours worked over forty per week for interstate driving, including hours spent working out of state. Current rules require overtime pay for truck drivers only for their hours worked within Washington. These rules are not consistent with the statute and need to be amended. The court's ruling directly affects two regulations with corresponding policies and enforcement practices. The court's decision has invalidated portions of WAC 296-128-011 and 296-128-012 where the rules define hours for purposes of overtime provisions as hours worked only within Washington state. Language is being considered that allows employers to submit their compensation systems to the department for review and approval.
Chapters 296-125, 296-126, 296-128, and 296-131 WAC	Employment standards policy to rule integration	Sally Elliott (360) 902-6411	9/20/08	TBD	TBD	The purpose of this rule making is to integrate administrative policies into the rules.
Chapter 296-150M WAC	Manufactured homes rules	Sally Elliott (360) 902-6411	N/A	CR-105 expedited 2/22/08	9/22/08	The purpose of this rule making will repeal sections of chapter 296-150M WAC that will be moved into the new mobile and manufactured home installation program, chapter 296-150I WAC.
Chapter 296-200A WAC	Contractor certificate of registration	Sally Elliott (360) 902-6411	5/22/07	Original CR-102 1/22/08 supplemental CR-102 6/17/08	8/1/08	This rule making is a result of chapter 436, Laws of 2007 (SHB 1843). The legislation amends the contractor registration rules to be consistent with the statute. The rule making will also review the contractor registration rules for possible changes.
Chapter 296-200A WAC	Contractor certificate of registration	Sally Elliott (360) 902-6411	8/19/08	TBD	TBD	This rule making is a result of chapter 120, Laws of 2008 (SSSB [2SSB] 6732). The contractor registration rules need to be updated and implemented to be consistent with the statute.
Chapter 296-400A WAC	Plumbers certification rules	Sally Elliott (360) 902-6411	8/19/08	10/21/08	12/3/08	The purpose of this rule making is to implement and review the plumber rules for possible changes.

Josh Swanson

Legislative Liaison

Rules Coordinator

© Washington State Code Reviser's Office