WSR 04-03-025

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed January 13, 2004, 10:43 a.m. ]

Following, in accordance with RCW 34.05.314, is the Department of Labor and Industries' Semi-Annual Rules Development Agenda for January 1, 2004 - July 31, 2004.

Please contact Carmen Moore at (360) 902-4206 or e-mail moog235@lni.wa.gov, if you have any questions.


The Department of Labor and Industries

Semi-annual Rules Development Agenda

(January 1, 2004 - June 30, 2004)



WAC CHAPTER TITLE AGENCY

CONTACT

PROPOSED

TIMELINE

DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: WASHINGTON INDUSTRIAL SAFETY & HEALTH (WISHA)
Chapter 296-24 WAC, General safety and health standards Cranes Kimberly Johnson

(360) 902-5008

Sally Elliott

(360) 902-5484

4/17/02 6/15/04 TBD These rules are being rewritten and organized for clarity and ease of use. The project will include bridge style, mobile, tower/portal, personnel lifting, hoists, and derricks.
Chapter 296-24 WAC, General safety and health standards Guardrails Sally Elliott

(360) 902-5484

NA 12/2/03

CR-105 Expedited rule filing

3/23/04 The department is changing the height requirements of the guardrail to be at-least-as-effective-as OSHA.
Chapter 296-24 WAC, General safety and health standards; chapter 296-155 WAC, Safety standards for construction work Helicopters Sally Elliott

(360) 902-5484

9/30/03 12/29/03 4/20/04 The helicopter rules from construction and general industry are being combined into one rule and rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Machine safety Cindy Ireland

(360) 902-5522

Sally Elliott

(360) 902-5484

3/21/01 1/20/04 6/15/04 The machine safety rules are being rewritten and organized for clarity and ease of use. Some requirements are being updated and revised.
Chapter 296-24 WAC, General safety and health standards Lockout/tagout Jim Hughes

(360) 902-4504

Sally Elliott

(360) 902-5484

5/6/03 1/20/04 6/22/04 The lockout/tagout rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Powered industrial trucks Jim Hughes

(360) 902-4504

Sally Elliott

(360) 902-5484

5/6/03 3/23/04 8/17/04 The powered industrial trucks rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Rigging Kimberly Johnson

(360) 902-5008

Sally Elliott

(360) 902-5484

2/17/04 6/22/04 11/16/04 The rigging rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Scaffolds Carol Stevenson

(360) 902-4778

Sally Elliott

(360) 902-5484

1/21/03 5/18/04 10/19/04 The scaffold rules are being rewritten and organized for clarity and ease of use.
Chapter 296-45 WAC, Safety standards for electrical Electrical Cindy Ireland

(360) 902-5522

Sally Elliott

(360) 902-5484

TBD TBD TBD The electrical rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
Chapter 296-56 WAC, Safety standards for longshore, stevedore and related waterfront operations Longshoring Beverly Clark

(360) 902-5516

Sally Elliott

(360) 902-5484

NA 2/17/04

CR-105 Expedited rule filing

5/18/04 The longshoring rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
Chapter 296-62 WAC, General occupational health standards Access to records Kimberly Johnson

(360) 902-5008

Sally Elliott

(360) 902-5484

2/4/03 11/18/03 4/20/04 The access to records rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Asbestos Kimberly Johnson

(360) 902-5008

Sally Elliott

(360) 902-5484

2/17/04 6/22/04 10/04 The asbestos rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Benzene Jamie Scibeli

(360) 902-4568

Sally Elliott

(360) 902-5484

1/6/04 4/20/04 9/21/04 The benzene rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Confined spaces Carol Stevenson

(360) 902-4778

Sally Elliott

(360) 902-5484

6/19/02 9/16/03 1/20/04 The confined space rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Inorganic arsenic Jamie Scibeli

(360) 902-4568

Sally Elliott

(360) 902-5484

1/6/04 8/3/04 12/14/04 The inorganic arsenic rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Hazardous waste Jim Hughes

(360) 902-4504

Sally Elliott

(360) 902-5484

4/26/00 6/27/03 1/6/04 The hazardous waste rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Trade secrets Kimberly Johnson

(360) 902-5008

Sally Elliott

(360) 902-5484

2/4/03 2/17/04 6/1/04 The trade secret rules are being rewritten and organized for clarity and ease of use.
Chapter 296-155 WAC, Safety standards for construction work Ground personnel Jamie Scibeli

(360) 902-4568

Sally Elliott

(360) 902-5484

1/6/04 3/23/04 8/31/04 The ground personnel rules are being reviewed in order to increase worker protection from vehicular traffic on construction sites. In addition, the department intends to update references to the Washington State Department of Transportation's Manual of Uniform Traffic Control Devices as well as other technical changes.
Chapter 296-307 WAC, Safety standards for agriculture Recordkeeping and reporting Cindy Ireland

(360) 902-5522

Sally Elliott

(360) 902-5484

NA 2/17/04

CR-105 Expedited rule filing

5/18/04 The record-keeping and reporting rules are being reviewed due to the adoption of the cholinesterase monitoring rule.
Chapter 296-800 WAC, Safety and health core rules Exit routes Kimberly Johnson

(360) 902-5008

Sally Elliott

(360) 902-5484

11/4/03 TBD TBD The exit route rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
Chapter 296-800 WAC, Safety and health core rules First-aid Cindy Ireland

(360) 902-5522

Sally Elliott

(360) 902-5484

10/21/03 12/16/03 3/23/04 The first-aid rules are being updated due to the Division II Court of Appeals finding, Dep't of Labor & Indus. v. Nat'l Sec. Consultants. The department plans to repeal the current first-aid rules in the core rules and the agriculture standards and adopt a rule in each that references the OSHA first-aid rule.
Chapter 296-823 WAC, Occupational exposure to bloodborne pathogens Bloodborne pathogens Beverly Clark

(360) 902-5516

Sally Elliott

(360) 902-5484

TBD TBD TBD The bloodborne pathogens rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
DIVISION: INSURANCE SERVICES (WORKERS' COMPENSATION)
Chapter 296-19A WAC Vocational rehabilitation Blake Maresh

Health Services Analysis Program Analysis and Development

(360) 902-6564

8/5/03 12/22/03 3/30/04 Changes to WAC 296-19A-210(2) broaden the description of qualifying experience required to become a supervisor of vocational rehabilitation interns.
Chapter

296-17 WAC






General reporting rules, classifications, audit and recordkeeping, rates and rating system for workers' compensation insurance -- Retrospective rating program rules Frank Romero

Retrospective Rating

(360) 902-4835




9/2/03





12/17/04

6/1/04 The retrospective rating program rules are being updated to allow use of paperless record management systems such as microfiche or imaging in lieu of maintaining paper copies of contracts. A rule will be added [to] cover disqualified employer participants and continued participation in previously approved group. Other rules will be amended to address newly identified concerns including explanation of probation, net premium assessment and final adjustment.
WAC 296-20-135 Conversion factors Tom Davis

Health Services Analysis

(360) 902-6687

12/22/03 2/17/04 4/20/04 The conversion factors used by the department for calculating reimbursement rates for most professional health care and anesthesia services will be updated.
WAC 296-23-220 Physical therapy rules Tom Davis

Health Services Analysis

(360) 902-6687

12/22/03 2/17/04 4/20/04 Update the maximum daily reimbursement level for physical therapy services so the department may, if necessary, give cost-of-living increases to affected providers.
WAC 296-23-230 Occupational therapy rules -- Maximum daily reimbursement Tom Davis

Health Services Analysis

(360) 902-6687

12/22/03 2/17/04 4/20/04 Update the maximum daily reimbursement level for occupational therapy services so the department may, if necessary, give cost-of-living increases to affected providers.
Chapter 296-20 WAC Medical aid rules -- Proper and necessary Jami Lifka

Office of the Medical Director

(360) 902-4941

11/12/03 3/2/04 5/4/04 Pursuant to ESHB 1299 of the laws of 2003, the department will coordinate with other state agencies to amend WAC 296-20-01002 to make the definition of "proper and necessary" consistent, where possible, to the other agencies' definitions of "medical necessity."
Chapter 296-20 WAC Medical aid rules -- Drug WACs Jami Lifka

Office of the Medical Director

(360) 902-4941

11/12/03 1/20/04 3/30/04 Pursuant to SB 6088 of the Laws of 2003, the department will write rules pertaining to the evidence-based prescription drug program and the development of any preferred drug list developed as part of that program.
Chapters 296-20 and 296-23 WAC Independent medical examinations Paulette Golden

Health Services Analysis

Provider Review and Education

(360) 902-6299

10/14/03 11/5/03 1/27/03 Changes to chapters 296-20 and 296-23 WAC to improve the quality and timeliness of independent medical examinations (IMEs) and to ensure that providers know the requirements to be an IME examiner and the expectations and standards of that role. Additionally, the rules will clarify requirements of attending doctors or consultants when doing impairment rating examinations.
WAC 296-30-010 Definitions

Janice Deal

Crime Victims Compensation

(360) 902-5369

6/4/03 TBD TBD RCW 7.68.070(17) authorizes a benefit of counseling for immediate family members of a homicide victim. The statute refers to "immediate near term consequences of the related effects of the homicide." Currently the crime victims compensation program has an internal policy defining the language of RCW 7.68.070 (17). This rule making would replace the internal policy.
WAC 296-30-081 What are the general obligations of a provider who provides medical or mental health services? Janice Deal

Crime Victims

Compensation Program

(360) 902-5369

1/27/04 TBD TBD WAC 296-30-081 (1) (a) instructs all medical providers comply with chapter 296-30 WAC and the department's rules and fees.

WAC 296-30-081 (1) (b) instructs mental health providers that they must comply with chapter 296-30 WAC and the crime victims compensation programs mental health rules and fees.

The purpose of the proposed rule is to require all providers to comply with this chapter, the department's rules and fees, and for the mental health providers the crime victims mental health rules and fees.

Chapter 296-14 WAC Industrial insurance -- Mortality assumptions Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

6/20/01 4/04 10/04 This rule making will provide updates to mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapter 296-14 WAC Industrial insurance Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

8/02 6/04 12/04 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.
Chapter 296-14 WAC Industrial insurance Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

3/04 9/04 3/05 This rule making will provide definitions for terms used within chapter 296-14 WAC and will identify and move definitions currently in chapter 296-20 WAC that need to be placed in chapter 296-14 WAC, such as total temporary disability. The rule will include amendment of the definition of temporary partial disability.
Chapter 296-14 WAC Industrial insurance Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

4/04 10/04 4/05 This rule making will provide clarification on:

The required elements of a valid transitional/light duty job offered from the employer of record.

What is expected of the employer and worker?

How to determine a worker's entitlement to time-loss compensation and loss of earning power benefits when a transitional/light duty job is offered.

Chapter 296-17 WAC General reporting rules, classifications, audit and recordkeeping for workers' compensation insurance Ken Woehl

Employer

Services

(360) 902-4775

2/3/04 3/16/04 5/25/04 Amend general reporting rules and classification definitions for multiple industries as contained in the classification plan. Includes changes to the computer industry and housekeeping changes.
DIVISION: SPECIALTY COMPLIANCE SERVICES
Chapter 296-127 WAC Prevailing wage Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-5330

NA 1/20/04

CR-105 Expedited rule filing

3/23/04 The purpose of this rule making is to make changes to the prevailing wage rules (chapter 296-127 WAC) based on the enactment of chapter 301, Laws of 2003 (an act relating to job order contracting for public works - SSB [SHB] 1788).
Chapter 296-127 WAC Prevailing wage Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-5330

2/3/04 3/16/04 5/1/04 The purpose of this rule making is to review WAC 296-127-01377 to clarify which prevailing wage rate applies to the application for asphalt paving subsequent to cable installation.
Chapter 296-96 WAC Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances Dotty Stanlaske

(360) 902-6128

Josh Swanson

(360) 902-5330

1/2/02 1/20/04 3/1/04 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 98, Laws of 2002 (SHB 2629) and chapter 143, Laws of 2003 (ESSB 5942);

Make substantive changes to the elevator rules that were adopted on 12/22/00 (see WSR 01-02-026); and

Make clarifying and housekeeping changes.

Chapter 296-05 WAC Apprenticeship rules Nancy Mason

(360) 902-5321

Josh Swanson

(360) 902-5330

10/22/03 1/20/04 4/28/04 The purpose of this rule making is to review the apprenticeship rules (chapter 296-05 WAC) for possible changes relating to objections of apprenticeship program standards.
Chapter 296-46B WAC Electrical safety standards, administration, and installation Ron Fuller

(360) 902-5249

Josh Swanson

(360) 902-5330

7/22/03 2/17/04 4/27/04 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 399, Laws of 2003 (ESSB 5713);

Make changes resulting from the enactment of chapter 242, Laws of 2003 (SSB 5434);

Make changes resulting from the enactment of chapter 211, Laws of 2003 (ESB 5210);

Make changes resulting from the enactment of chapter 78, Laws of 2003 (SSB 1848);

Review the rules for possible substantive changes;

Review the rules for possible fee increases; and

Make clarifying and housekeeping changes.

Chapter 296-400A WAC Plumber certification rules Pete Schmidt

(360) 902-5571

Josh Swanson

(360) 902-5330

4/17/02 2/17/04 4/1/04 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 82, Laws of 2002 (ESHB 2470);

Review the rules for possible substantive changes; and

Make clarifying and housekeeping changes.

Chapter 296-400A WAC Plumber certification rules Pete Schmidt

(360) 902-5571

Josh Swanson

(360) 902-5330

7/22/03 2/17/04 4/1/04 The purpose of this rule making is to:

Make changes resulting from the enactment of chapter 399, Laws of 2003 (ESSB 5713);

Review the rules for possible substantive changes;

Review the rules for possible fee increases; and

Make clarifying and housekeeping changes.

WAC 296-126-025 Deductions Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-5330

9/30/03 2/17/04 4/1/04 The purpose of this rule making is to review the rules relating to payroll deductions in WAC 296-126-025 for possible changes.
Chapter 296-127 WAC Prevailing wage Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-5330

9/30/03 2/17/04 4/1/04 The purpose of this rule making is to revise WAC 296-127-018 Coverage and exemptions of workers involved in the production and delivery of gravel, concrete, asphalt, or similar materials.
Chapter 296-104 WAC Board of boiler rules -- Substantive Robert Marvin

(360) 902-5270

Josh Swanson

(360) 902-5330

12/16/03 3/23/04 5/28/04 The purpose of this rule making is to make clarification and technical changes to the Board of Boiler Rules -- Substantive (chapter 296-104 WAC) based on actions and requests of the Board of Boiler Rules. In addition, the fees will be reviewed for possible changes.
Chapters 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, 296-150V, 296-96, 296-200A, and 296-400A WAC Washington Administrative Codes for factory assembled structures; Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances; Contractor certificate of registration renewals -- Security -- Insurance; Electrical safety standards, administration, and installation; Board of Boiler Rules -- Substantive; and Plumbers certification rules. Josh Swanson

(360) 902-5330

5/6/03 3/23/04 5/28/04 The purpose of this rule making is to review the fees for possible changes.
Chapters 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, and 296-150V WAC Washington Administrative Codes for factory assembled structures Pete Schmidt

(360) 902-5571

Josh Swanson

(360) 902-5330

7/22/03 TBD TBD The purpose of this rule making is to:

Adopt the most recent International Building Codes based on 2003 legislative changes chapter 291, Laws of 2003 (SHB 1734) and other nationally recognized codes and standards;

Make clarifying and housekeeping changes; and

Review the rules for possible substantive changes.

Chapter 296-125 WAC Nonagricultural employment of minors Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-5330

9/19/01 TBD TBD The purpose of this rule making is to review these possible rule changes to ensure conformity with federal laws pertaining to employment of minors where those laws are more restrictive.
Chapter 296-127 WAC Prevailing wage Rich Ervin

(360) 902-5310

Josh Swanson

(360) 902-5330


7/19/00 TBD TBD The purpose of this rule making is to make substantive changes to the scope of work description rules that were adopted July 19, 2000 (WSR 00-15-077) with the assistance of an advisory committee. Clear rule-writing principles will be applied to these rules.

Carmen Moore

Rules Coordinator

Legislature Code Reviser 

Register

Washington State Code Reviser's Office