WSR 06-16-054

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 27, 2006, 10:09 a.m. ]

Following, in accordance with RCW 34.05.314, is the department of labor and industries' semi-annual rules development agenda for July 1, 2006 - December 31, 2006.

Please contact Christine Swanson at (360) 902-6805 or e-mail copc235@lni.wa.gov, if you have any questions.


Semi-annual Rules Development Agenda

July 1, 2006 - December 31, 2006



WAC

CHAPTER

TITLE AGENCY

CONTACT

PROPOSED

TIMELINE

DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: INSURANCE SERVICES (WORKERS' COMPENSATION)
Chapter 296-14 WAC Industrial insurance -- Worker employment patterns Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

8/21/02 To be determined To be determined 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 296-14 WAC Industrial insurance -- Transitional/light duty job Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

Fall 2006 To be determined To be determined 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 296-14 WAC Industrial insurance -- Confidentiality of worker's compensation claim files Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

11/6/04 8/22/06 10/31/06 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 -- Definitions Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

5/3/05 10/3/06 11/28/06 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 -- Pension discount rates and mortality assumptions Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

6/20/01 9/19/06 11/28/06 This rule making will amend the pension discount rate and update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
Chapter 296-15 WAC Workers' compensation self-insurance rules and regulations -- Claim administrator certification and continuing education requirements Margaret Conley

Self Insurance

(360) 902-6906

6/20/06 6/3/07 9/2007 In response to a request from the self-insured community, the department has agreed to evaluate the need for a continuing education model and also look at the current requirements for recertification of department-approved claims administrators. Rule making may be implemented in response to the department's findings.
Chapter 296-15 WAC Workers' compensation self-insurance rules and regulations -- Electronic claim data Margaret Conley

Self Insurance

(360) 902-6906

1/2007 4/2008 6/2008 Pursuant to chapter 145, Laws of 2005 (SHB 1310) the department will implement rules to enable self-insured employers to provide claim data electronically via the self-insurance electronic data reporting system (SIEDRS) by July 1, 2008.
Chapter 296-15 WAC Workers' compensation self-insurance rules and regulations -- Experience rating and second injury fund Margaret Conley

Self Insurance

(360) 902-6906

1/2007 12/2008 Spring 2009 Pursuant to chapter 475, Laws of 2005 (SSB 5992) the department will implement rules to establish an experience rating for self-insurers' and use of the second injury fund by July 1, 2009.
Chapter 296-20 WAC Medical aid rules -- Intrathecal pumps Jami Lifka

Office of the Medical Director

(360) 902-4941

6/20/06 9/5/06 11/22/06 This rule making will define what type of coverage the department will provide for intrathecal infusion pumps or medications that are prescribed for the administration via the intrathecal pump.
Chapter 296-20 WAC Medical aid rules -- Housekeeping changes Jami Lifka

Office of the Medical Director

(360) 902-4941

N/A CR-105

Expedited rule

To be determined

To be determined This expedited rule making will make housekeeping changes, primarily correcting references to WAC numbers.
Chapter 296-20 Medical advisory committee Jami Lifka

Office of the Medical Director

(360) 902-4941

To be determined To be determined To be determined This rule will establish a medical advisory committee to advise the department on treatment guidelines and coverage criteria. It will also specify committee members specialties.
Chapter 296-17 WAC Reciprocal agreements Bill Moomau

Employer Services

(360) 902-4774

1/17/06 To be determined To be determined Revisions to reciprocal agreements with participating states.
Chapter 296-17 WAC 2007 worker's compensation premium rates Bill Moomau

Employer Services

(360) 902-4774

6/20/06 9/5/06 11/21/06 Establish new premium rates by classification effective January 1, 2007.
Chapter 296-17 WAC Safe patient handling Bill Moomau

Employer Services

(360) 902-4774

6/20/06 9/5/06 11/21/06 This rule making is a result of chapter 165, Laws of 2006 (HB 1672), which passed the 2006 legislature. Reporting requirements and a classification will be established for qualifying hospitals to report their hours at a discounted rate depending on their level of compliance with the safe patient handling regulations.
Chapter 296-17 WAC Metal goods classification rules Bill Moomau

Employer Services

(360) 902-4774

7/18/06 9/5/06 11/21/06 This rule making will address possible changes to the metal goods classifications as result of a petition filed by two firms in the metal goods industry.
Chapter 296-17 WAC Metal goods classification Bill Moomau

Employer Services

(360) 902-4774

8/1/06 9/5/06 10/10/06 This rule making withdraws certain changes from the metal goods classification rules, keeping current WAC in effect so that the department can gather more stakeholder input on the originally proposed changes.
Chapter 296-17 WAC Exercise riders classification rules Bill Moomau,

Employer Services

(360) 902-4774

7/18/06 9/5/06 11/21/06 At the request of Washington state horse racing commission the department will look at amending the exercise riders' classification.
Chapter 296-17 WAC Forest products picking Bill Moomau

Employer Services

(360) 902-4774

12/05 9/5/06 11/21/06 Revise and clarify a note in six agricultural classes (forest product picking, egg grading, Christmas tree sales, custom hay baling, potato sorting and fish hatcheries) to make it more clear that the industrial insurance WAC provision outlining criteria for farm labor contractors does NOT apply to those classes.
Chapter 296-17 WAC Retrospective rating program rules Diane Doherty

Retrospective Rating

(360) 902-4835

11/3/04 To be determined To be determined The department may engage in rule making to clarify existing retro rules such as reenrollment of businesses grandfathered in a specific group, enrollment requirement of all like businesses, change in due dates, and revision of applications and agreement forms.
DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
Chapter 296-52 WAC, Explosives, and chapter 296-59 WAC, Safety standards for ski area facilities and operations Avalanche control Beverly Clark

(360) 902-5516

Kimberly Johnson

(360) 902-5008

11/22/05 6/20/06 9/5/06 This rule making is being conducted due to a recommendation from the National Ski Area Association, in conjunction with the Washington avalanche control council. The two organizations recommended that the department adopt rule language that increases fuse length burn time from seventy to ninety seconds and eliminates the relighting of fuses due to fatalities in the ski industry.

The requirements for avalanche control will be removed from the ski facility standards and placed into the explosives standards.

Chapter 296-800 WAC, Safety and health core rules Core rule update (exit routes, fire protection, stairs) Cindy Ireland

(360) 902-5522

Kimberly Johnson

(360) 902-5008

N/A CR-105

Expedited rule making 9/19/06

12/06 The fire protection rules and requirements relating to stairs are being rewritten for clarity and moved into the safety and health core rules. In addition, some technical corrections will be made to the exit route rules.
Chapter 296-24 WAC, General safety and health standards Cranes Cindy Ireland

(360) 902-5522

Kimberly Johnson

(360) 902-5008

7/20/04 10/3/06 1/07 The crane rules are being rewritten and organized for clarity and ease of use. These rules will also be updated to reflect current American National Standards Institute requirements. The project will include bridge style, mobile, tower/portal, personnel lifting, hoists, and derricks.
Chapter 296-155 WAC, Part J-1, Elevating work platforms moving to chapter 296-869 WAC, Elevating work platforms Elevated platforms Jim Hughes

(360) 902-4504

Kimberly Johnson

(360) 902-5008

8/16/05 4/18/06 9/6/06 The elevated platform rules and powered platform rules are being rewritten and organized for clarity and ease of use. The rules share the same CR-101 which was filed as WSR 05-17-104 on August 16, 2005, but will continue as separate rule makings. The elevated platform rules will be moved from chapter 296-155 WAC, Part J-1, and placed into new chapter 296-869 WAC.
Chapter 296-800 WAC, Safety and health core rules and chapter 296-307 WAC, Safety standards for agriculture Environmental tobacco smoke Cindy Ireland

(360) 902-5522

Kimberly Johnson

(360) 902-5008

CR-105 Expedited rule making

8/1/06

10/23/06 This rule making amends the department's requirements relating to smoking in office work environments to conform with chapter 70.160 RCW, which was expanded with the passage of Initiative 901.
Chapter 296-24 WAC, General safety and health standards and chapter 296-155, Safety standards for construction Fall protection Jamie Scibelli

(360) 902-4568

Kimberly Johnson

(360) 902-5008

3/23/04 12/6/06 6/26/07 The fall protection rules in both the general safety and health standards and the safety standards for construction are being combined into one rule, rewritten and reorganized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Fixed ladders Cindy Ireland

(360) 902-5522

Kimberly Johnson

(360) 902-5008

N/A CR-105 Expedited rule making

4/18/06

7/25/06 The fixed ladders rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards

WAC 296-62-08003 Hexavalent chromium; chapter 296-155 WAC, Safety standards for construction work; chapter 296-304 WAC, Safety standards for shiprepairing, shipbuilding and shipbreaking

Hexavalent chromium Bev Clark

(360) 902-5516

Kimberly Johnson

(360) 902-5008

N/A CR-105 Expedited rule making

5/2/06

8/1/06 This rule adoption creates rules regulating hexavalent chromium identical to Occupational Safety and Health Administration (OSHA) rule.
Chapter 296-62 WAC, General occupational health standards and chapter 296-155 WAC Safety standards for construction Lead Jamie Scibelli

(360) 902-4568

Kimberly Johnson

(360) 902-5008

12/21/04 To be determined To be determined The lead rules from general industry and construction are being combined, rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Methylene chloride Bev Clark

(360) 902-5516

Kimberly Johnson

(360) 902-5008

6/21/06 9/5/06 1/16/07 The methylene chloride rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, Part J-3, Powered platforms moving to new chapter 296-870 WAC, Powered platforms Powered platforms Jim Hughes

(360) 902-4504

Kimberly Johnson

(360) 902-5008

8/16/05 6/20/06 9/6/06 The powered platform rules and elevated platform rules are being rewritten and organized for clarity and ease of use. The rules share the same CR-101 which was filed as WSR 05-17-104 on August 16, 2005, but will continue as separate rule makings. The powered platform rules will be moved from chapter 296-24 WAC, Part J-3, and placed into new chapter 296-870 WAC.
Chapter 296-24 WAC, General safety and health standards; and chapter 296-155 WAC, Safety standards for construction Rigging Kimberly Johnson

(360) 902-5008

2/17/04 10/3/06 1/07 The rigging rules are being rewritten and organized for clarity and ease of use. Requirements from both general industry and construction are being combined into one rule and updated to the current American National Standards Institute requirements.
Safety and health chapters in Title 296 WAC Standards improvement project Kimberly Johnson

(360) 902-5008

N/A CR-105 Expedited rule making 9/19/06 10/24/06 This rule making will update references to WAC sections and technical information throughout the safety and health standards. Minor housekeeping corrections will also be made at the same time.
DIVISION: SPECIALTY COMPLIANCE SERVICES
Chapter 296-46B WAC Electrical* Sally Elliott

(360) 902-6411

4/18/06 8/22/06 10/24/06 This rule making will review the electrical rules and make additions, revisions, and possible fee changes as needed. It will also make amendments to the rules as a result of SHB 1841 and SSB 6225, which passed the 2006 legislature.
Chapter 296-400A WAC Plumber certification rules* Sally Elliott

(360) 902-6411

4/18/06 8/22/06 10/24/06 This rule making will incorporate amendments to the plumber certification rules as a result of the passage of SSB 6225, which passed the 2006 legislature. Housekeeping and clarification changes will also be made to the rules.
Chapter 296-125 WAC Nonagricultural employment of minors** Suchi Sharma

(360) 902-6744

9/19/01 9/19/06 12/5/06 The purpose of this rule making is to integrate administrative policies into the rule.
Chapter 296-126 WAC Standards of labor for the protection of the safety, health and welfare of employees for all occupations subject to chapter 49.12 RCW** Suchi Sharma

(360) 902-6744

9/20/05 9/19/06 12/5/06 The purpose of this rule making is to integrate administrative policies into rule.
Chapter 296-126 WAC Payment intervals Suchi Sharma

(360) 902-6744

1/17/06 8/22/06 11/21/06 This rule making will incorporate the administrative policies regarding payment intervals into the rule and clarify whether the regulation applies to all employees or only to employees paid on a monthly basis.
Chapter 296-127 WAC Prevailing wage** Sally Elliott

(360) 902-6411

7/5/06 8/22/06 11/21/06 This rule making will create scope of work descriptions for job classifications that have a wage rate but the scope of work has not been defined.
Chapter 296-128 WAC Minimum wage** Suchi Sharma

(360) 902-6744

9/20/05 9/19/06 12/5/06 The purpose of this rule making is to integrate administrative policies related to minimum wage into the rule.
Chapter 296-131 WAC Agricultural employment standards** Suchi Sharma

(360) 902-6744

9/20/05 9/19/06 12/5/06 The purpose of this rule making is to integrate administrative policies into the rule.
Chapter 296-134 WAC Parental (family) leave Suchi Sharma

(360) 902-6744

6/6/06 To be determined To be determined This rule making is a result of chapter 59, Laws of 2006 (SSB 6185), which passed the 2006 legislature. The family leave rules will be amended.
To be determined Wage payment requirements (administrative remedies) Suchi Sharma

(360) 902-6744

6/6/06 To be determined To be determined This rule making is a result of chapter 89, Laws of 2006 (SHB 3185), which passed the 2006 legislature. New rules for wage payment requirements will be created.
Chapter 296-127 WAC Electronic technician Sally Elliott

(360) 902-6411

5/2/06 To be determined To be determined 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 296-96 WAC Elevators Sally Elliott

(360) 902-6411

11/23/04 9/19/06 11/21/06 As a result of the new licensing requirements for elevator contractor and elevator mechanics, the department is working with stakeholders to identify areas where the rules need substantive, housekeeping, and clarifying changes.
Chapter 296-104 WAC Board of boiler rules Sally Elliott

(360) 902-6411

6/20/06 8/22/06 10/17/06 This rule making will make clarifying and technical changes to the boiler rules.

Note for specialty compliance services division rules:

*Hearings for these rule makings will be held on the same day.

**Hearings for these rule makings will be held together on the same date and time.

Christine Swanson

Legislative Liaison

Washington State Code Reviser's Office