WSR 12-14-096

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 3, 2012, 10:29 a.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, 2012.

There may be additional rule-making activities not on the agenda as conditions warrant.

Please contact Tamara Jones at (360) 902-6805 or Tamara.Jones@lni.wa.gov if you have any questions.

Semi-Annual Rules Development Agenda

July 1 - December 31, 2012



DIVISION: ADMINISTRATIVE SERVICES
WAC

CHAPTER(S)

RULE SUBJECT AGENCY

CONTACT

PROPOSED TIMELINE BRIEF DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
296-06 Public records. Angela Wharton

Public Records

(360) 902-5542

Suspended per Executive Orders

10-06 and 11-03

TBD TBD This rule making will update the public record WACs with the current agency organizational information, statutory references, web links, and records request information.

DIVISION: CRIME VICTIMS COMPENSATION
WAC

CHAPTER(S)

RULE SUBJECT AGENCY

CONTACT

PROPOSED TIMELINE BRIEF DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
296-31

296-33

Crime victims compensation rules and fees, and attendant services. Maty Brimmer

Crime Victims

(360) 902-6707

6/5/12

WSR

12-12-061

7/31/12 10/23/12 This rule making is to update the mental health and attendant services rules to ensure consistency with SSB 5691 (chapter 346, Laws of 2011).

DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
WAC

CHAPTER(S)

RULE SUBJECT AGENCY

CONTACT

PROPOSED TIMELINE BRIEF DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
All DOSH WACs DOSH rules overhaul. Devin Proctor

DOSH

(360) 902-5541

TBD TBD TBD This rule making will consist of reorganization, renumbering, and plain language changes. The WISHA advisory committee is urging DOSH to proceed with this work.
296-24

296-37

296-62

296-304

296-800

296-849

Standards improvement project. Cathy Julian

DOSH

(360) 902-5401

N/A 8/21/12

(CR-105)

12/4/12 This rule making is being proposed to comply with a federal Occupational Safety and Health Administration (OSHA) requirement to adopt rule changes consistent with the final rule of their standards improvement project. It is the third in the OSHA standards improvement projects initiative that periodically reviews OSHA regulations with the goal of improving and eliminating those that are confusing, outdated, duplicative, or inconsistent.
296-24 Acetylene. Beverly Clark

DOSH

(360) 902-5516

N/A 4/17/12

(CR-105)

WSR

12-09-059

7/31/12 OSHA recently adopted changes to the acetylene standard, effective March 5, 2012. This rule making addresses the change to WAC 296-24-31001 Cylinders (acetylene). This rule making updates the reference to a Compressed Gas Association (CGA) standard in the existing acetylene standard by removing CGA G-1-2003 and replacing it with CGA G-1-2009. This rule making ensures that employers have the latest safety requirements for managing acetylene.
296-24 General safety and health standards -- Electrical rules. Beverly Clark

DOSH

(360) 902-5516

N/A 5/1/12

(CR-105)

WSR

12-10-063

7/31/12 DOSH is required to have rules at-least-as-effective-as the federal OSHA. DOSH was notified that there are areas in our electrical section of chapter 296-24 WAC that are considered to be "not-at-least-as-effective-as" OSHA.
296-32 Telecommunications. Beverly Clark

DOSH

(360) 902-5516

TBD TBD TBD In 2009, DOSH began working with a telecommunications stakeholder group to develop draft language to update our current telecommunications standard and bring it up to date with industry standards.
296-36

296-155, Part Q

Compressed atmospheres. Cindy Ireland

DOSH

(360) 902-5522

Suspended per

Executive Orders

10-06 and 11-03

TBD TBD This rule making will address requirements relating to compressed atmospheres. The current requirements have not been amended since 1962 resulting in multiple variances that have been issued to deal with these outdated requirements. A stakeholder group has been formed to assist the department with this rule making.
296-45 Electrical. Cindy Ireland

DOSH

(360) 902-5522

Suspended per

Executive Orders

10-06 and 11-03

TBD TBD The department is reviewing chapter 296-45 WAC, Safety standards for electrical workers, to determine areas where we may be "not-at-least-as-effective-as" the federal standard. While updating another rule, there were areas of concern identified in chapter 296-45 WAC that needed to be looked at.
296-54 Safety standards for logging. Cindy Ireland

DOSH

(360) 902-5522

11/16/10

WSR

10-23-096

TBD TBD The department received several petitions for rule making for the logging standard. The department has accepted the petitions and has begun formal rule making.
296-155, Part L Cranes, rigging, and personnel lifting. Cindy Ireland

DOSH

(360) 902-5522

N/A 6/5/12

(CR-105)

WSR

12-12-062

TBD The department, in response to business and labor stakeholder concerns, is extending the date by which the requirement relating to written and practical testing requirements for qualified riggers is effective. In addition, this rule making clarifies that the scope of the rule includes the following existing requirements: (1) Rigging for all construction activities (WAC 296-155-556); and (2) personnel lifting with attached or suspended platforms using cranes or derricks (WAC 296-155-547). This clarification does not add any additional requirements to the rule. The department is also adding language to the rule to be at-least-as-effective-as the federal rule.
296-155 Fall protection. Cindy Ireland

DOSH

(360) 902-5522

4/4/06

WSR

06-08-085

TBD TBD DOSH has been working with a fall protection ad hoc committee to consolidate the fall protection requirements of the construction safety rules into one coherent set of requirements. In addition, DOSH asked the committee to help identify any technical changes needed due to industry developments, and to ensure that any gap in current fall protection would be addressed and rectified by the rule update.
296-305 Fire fighting. Devin Proctor

DOSH

(360) 902-5541

11/4/08

WSR

08-22-082

7/31/12 12/4/12 OSHA advised the department of a couple areas in the firefighter standards where we are not as-effective-as the federal rules. Stakeholders asked us to look at our firefighter standards and bring them up to date with current consensus standards and practices.
296-307 Safety standards in agriculture--REDON fit testing. Devin Proctor

DOSH

(360) 902-5541

Suspended per

Executive Orders

10-06 and 11-03

TBD TBD The department will put respirator requirements for the controlled negative pressure REDON fit testing protocol into the agriculture rule.
296-900 Monetary penalties. Beverly Clark

DOSH

(360) 902-5516

11/16/10

WSR

10-23-095

Suspended per

Executive Orders

10-06 and 11-03

TBD OSHA is changing their policies and procedures for how they assess penalties. The department will be required to modify its rules to ensure they are "at-least-as-effective-as" OSHA's new policies.

DIVISION: INSURANCE SERVICES
WAC

CHAPTER(S)

RULE SUBJECT AGENCY

CONTACT

PROPOSED TIMELINE BRIEF DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
296-14 Confidentiality of workers' compensation claim files. Mark Rosen

Integrated Claims Services -- Policies and Rules

(360) 902- 6570

11/16/04

WSR

04-23-080

Suspended per

Executive Orders

10-06 and

11-03

TBD This rule making will 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 definitions. Mark Rosen

Integrated Claims Services -- Policies and Rules

(360) 902- 6570

5/3/05

WSR

05-10-073

Suspended per Executive Orders

10-06 and

11-03

TBD 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.
296-14 Pension discount rates and mortality assumptions. Mark Rosen

Integrated Claims Services -- Policies and Rules

(360) 902- 6570

6/20/01

WSR

01-13-096

Suspended per Executive Orders

10-06 and

11-03

TBD This rule making will update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
296-14 Wages. Mark Rosen

Integrated Claims Services -- Policies and Rules

(360) 902- 6570

4/22/08

WSR

08-09-115

Suspended per Executive Orders

10-06 and

11-03

TBD This rule making will 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

Suppressing workers' compensation claims. Mark Rosen

Integrated Claims Services -- Policies and Rules

(360) 902- 6570

6/5/07

WSR

07-12-079

Suspended per Executive Orders

10-06 and

11-03

TBD Pursuant to RCW 51.28.010 and 51.28.025 (2007 SSB 5443), rules are needed to define "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.
296-15 Claim filing and recordkeeping at on-site medical facilities. Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Orders

10-06 and 11-03

TBD TBD The purpose of this rule making is to clarify the requirements for what records self-insured employers must maintain for on-site medical facilities, including when a claim must be filed.
296-15 Definition of claim arrival. Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Orders

10-06 and 11-03

TBD TBD The purpose of this rule making is to clarify what documentation constitutes notice of a claim for self-insured employers. This date is key for determining benefit timeliness.
296-15 Definition of first aid. Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Orders

10-06 and 11-03

TBD TBD The purpose of this rule making is to define "first aid." This will clarify when a claim does not need to be filed, and when one must be filed.
296-15 Reporting option 2 vocational costs to L&I. Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Orders

10-06 and 11-03

TBD TBD The purpose of this rule making is to clarify the process by which a self-insured employer reports retraining costs for any claims upon which option 2 benefits have been granted.
296-15 Self-insurance electronic data reporting system (SIEDRS) requirements and penalties. Margaret Conley

Self-Insurance

(360) 902-6723

Suspended per

Executive Orders

10-06 and 11-03

TBD TBD The purpose of this rule making is to clarify language regarding reporting requirements and penalties as they relate to SIEDRS.
296-15 Self-insurance -- Housekeeping changes. Margaret Conley

Self-Insurance

(360) 902-6723

8/20/08

WSR

08-17-117

Suspended per Executive Orders

10-06 and

11-03

TBD The purpose of this rule making is to review chapter 296-15 WAC for any corrections and to ensure consistency with statute. Affected rules will also be rewritten using "plain talk."
296-17

296-17B

2013 workers' compensation premium rates. Jo Anne Attwood

Employer Services

(360) 902-4777

6/19/12

WSR

12-13-071

9/18/12 11/30/12 This rule making will set rates for 2013 workers' compensation insurance.
296-17 Change of ownership -- Experience modification factor. Julia Sweeney

Employer Services

(360) 902-4799

TBD TBD TBD This rule making is to simplify the change of ownership - experience modification factor rule. An ad hoc committee will be created to assist with the rule changes.
296-17

296-17A

Classifications for agricultural industries. Karen Chamberlain

Employer Services

(360) 902-4772

TBD TBD TBD This rule making will clarify language and better organize sub-classifications in the agricultural industries.
296-17

296-17A

Classifications for land surveyors. Karen Chamberlain

Employer Services

(360) 902-4772

3/6/12

WSR

12-06-068

TBD TBD This rule making will evaluate the fairness and equality of rates in the land survey industry.
296-17

296-17A

Employer services -- Housekeeping changes. Jo Anne Attwood

Employer Services

(360) 902-4777

Suspended per Executive Orders

10-06 and

11-03

TBD TBD This rule making is to correct various rules for typographical errors, organizational flow, and clarity of language for improved application of rules.
296-17

296-17A

Reporting for schools. Jo Anne Attwood

Employer Services

(360) 902-4777

8/3/10

WSR

10-16-120

Suspended per Executive Orders

10-06 and

11-03

TBD This rule making is intended to provide a simpler method for reporting contract teachers, easing the administrative burden of the employer.
296-17A Classification for entertainers. Patti Phillips

Employer Services

(360) 902-4723

Suspended per Executive Orders

10-06 and

11-03

TBD TBD This rule making will change the classification for reporting dancers to the entertainer classification.
296-17A Classification for product demonstrators. Richard Bredeson

Employer Services

(360) 902-4985

9/4/12 11/6/12 4/1/13 This rule making will create a new special exception subclassification in 6406, Retail stores, for all businesses to report product demonstrators so the risks are more consistently and fairly classified.
296-17B Retrospective rating. Jo Anne Attwood

Employer Services

(360) 902-4777

Tim Smolen

Retrospective Rating

(360) 902-4835

3/20/12

WSR

12-07-070

TBD TBD

This rule will accommodate requirements made by EHB 2123 (chapter 37, Laws of 2011) and ESHB 1725 (chapter 290, Laws of 2011).
296-20

296-14

296-15

296-21

296-23

296-23A

296-23B

Medical provider network and Centers for Occupational Health and Education (COHEs) (Phase III). Leah Hole-Curry

Office of the Medical Director

(360) 902-4996

7/3/12

WSR

12-14-095

8/21/12

11/13/12

SSB 5801 (chapter 6, Laws of 2011) directs L&I to establish a medical provider network to treat injured workers of employers insured with L&I and of self-insured employers. SSB 5801 also expands COHEs. Rules are necessary to implement the changes. The department is creating and/or amending necessary rules in phases to ensure timely completion of all required provisions. This rule-making phase is necessary to amend, clarify, or delete department rules that conflict with SSB 5801, related WACs, or the department's implementation of SSB 5801.
296-20 Ninety-day supply and mail-order pharmacy. Leah Hole-Curry

Office of the Medical Director

(360) 902-4996

Suspended per Executive Orders

10-06 and

11-03

TBD TBD As part of a performance audit on L&I's prescription drugs in 2011, the state auditor's office recommended that the department amend the current medication rules to allow low-cost mail-order pharmacies to provide ninety day prescriptions for permanently disabled workers who require ongoing care.
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

12/18/12 February 2013 April 2013 This rule making is to update conversion factors used to determine payments to medical providers, and to update the maximum daily fees payable to physical and occupational therapists.
296-23 Independent medical exams (IMEs). Kristen Baldwin-Boe

Health Services Analysis

(360) 902-6815

3/20/12

WSR

12-07-069

9/4/12 12/4/12 Rules need to be updated so that minimum standards for IME examiners are equal to or above the new medical provider network minimum requirements.

DIVISION: SPECIALTY COMPLIANCE SERVICES (SCS)
WAC

CHAPTER(S)

RULE SUBJECT AGENCY

CONTACT

PROPOSED TIMELINE BRIEF DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
296-05 Apprenticeship rules. Alicia Curry

Specialty Compliance Services

(360) 902-4281

TBD TBD TBD SB 5584 (chapter 308, Laws of 2011) adds a new level of review for federal purposes, director's review, to Washington state apprenticeship and training council action prior to any court appeal. The apprenticeship program needs to adopt an appeal process by rule in order to implement the law.
296-46B Electrical rules. Alicia Curry

Specialty Compliance Services

(360) 902-4281

7/17/12

9/4/12 11/20/12 The electrical program reviews the electrical rules for additions and revisions on an annual basis to ensure the rules are consistent with the national consensus standards and industry practice. Due to Executive Order 10-06, rules were not modified in 2011; therefore, the program needs to proceed with rule making in order to make sure the rules reflect industry practice.
296-96 Elevator rules. Alicia Curry

Specialty Compliance Services

(360) 902-4281

1/31/12

WSR

12-04-074

TBD TBD The elevator program reviews their rules for additions and revisions on a regular basis to ensure the rules are consistent with the national consensus standards and industry practice. The elevator program is proceeding with rule making to adopt the current national conveyance safety standards for elevators and escalators, platform lifts and chair lifts, belt man lifts, and personnel hoists.
296-104 Board of boiler rules. Alicia Curry

Specialty Compliance Services

(360) 902-4281

7/20/10

WSR

10-15-102

Suspended per Executive Orders

10-06 and

11-03

TBD The rule making will amend the board of boiler rules by making clarifying and technical changes. The changes will:

Add a definition of a "pool heater" to eliminate confusion for inspectors, owner/users, manufacturers, and installers regarding what units are acceptable for service by the jurisdiction.

Adopt the current edition of the ASME Boiler and Pressure Vessel Code.

296-125

Employment standards -- Child labor rules. Alicia Curry

Specialty Compliance Services

(360) 902-4281

2/19/08

WSR

08-05-107

TBD TBD The rule making reviews the child labor rules in order to incorporate current administrative policies and federal law. The rules are also being reviewed and amended for clarity and ease of use. A number of changes are necessary to update the state regulations to be compatible with federal law and to remove the jeopardy of noncompliance with federal law for Washington employers.
296-126 Employment standards -- Meal and rest break rules. Alicia Curry

Specialty Compliance Services

(360) 902-4281

5/19/10

WSR

10-11-121

Suspended per Executive Orders

10-06 and

11-03

TBD The rule making is to clarify the meal and rest break rules as a result of existing law such as Wingert v. Yellow Freight, 146 Wn.2d 841 (2002) and Alvarez v. IBP, 339 F.3d 894 (9th Cir. 2003).
296-127 Prevailing wage. Alicia Curry

Specialty Compliance Services

(360) 902-4281

6/16/09

WSR

09-13-077

Suspended per Executive Orders

10-06 and

11-03

TBD The rule making reviews prevailing wage rules, which have not gone through a comprehensive review since the early 1990s. Amendments will be made to:

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. Alicia Curry

Specialty Compliance Services

(360) 902-4281

7/20/10

WSR

10-15-107

Suspended per Executive Orders

10-06 and

11-03

TBD L&I has wage rates for dredge workers, truck drivers, and ready mix drivers, but no corresponding scope of work descriptions. The rule making will adopt scope of work descriptions for those worker classifications.
296-127 Prevailing wage -- Scope of work description for fabricated precast concrete products. Alicia Curry

Specialty Compliance Services

(360) 902-4281

Suspended per Executive Orders

10-06 and

11-03

TBD TBD L&I is currently working with the prevailing wage advisory committee on the 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. Alicia Curry

Specialty Compliance Services

(360) 902-4281

8/16/10

WSR

10-17-087

Suspended per Executive Orders

10-06 and

11-03

TBD The department received rule-making petitions to repeal the scope of work definitions for utilities construction and laborers in utilities construction. The petitions state the repeal of these scopes of work would eliminate confusion for wage survey respondents, would allow the department to calculate a more accurate wage rate, and would be consistent with references from the federal Davis Bacon Act.
296-150C

296-150F

296-150I

296-150M

296-150P

296-150R

296-150T

296-150V

Factory assembled structures. Alicia Curry

Specialty Compliance Services

(360) 902-4281

9/22/09

WSR

09-19-121

4/17/12

WSR

12-09-055

7/17/12 The rule making reviews the factory assembled structure rules on a regular basis to ensure the rules are consistent with industry practice, for clarification, and for possible housekeeping changes. The rules need to be amended to reflect current code references and in response to internal audit findings.
296-200A Contractor certificate of registration. Alicia Curry

Specialty Compliance Services

(360) 902-4281

7/6/10

WSR

10-14-103

Suspended per Executive Orders

10-06 and

11-03

TBD The rule making reviews the contractor registration rules to ensure consistency with industry practice and clarity of language. The rule making will make housekeeping changes and update language for clarity and consistency with industry practices.
296-200A Contractor certificate of registration. Alicia Curry

Specialty Compliance Services

(360) 902-4281

5/22/12

WSR

12-11-111

7/31/12 11/6/12 The rule making revises the insurance and bond filing requirements for contractors to reflect changes in new technology. The rule will allow customers to submit their insurance and bond documents to the department through an on-line system and eliminate the requirement for filing a hard copy.
296-400A Plumber certification. Alicia Curry

Specialty Compliance Services

(360) 902-4281

TBD

TBD TBD This rule making is a result of SSB 5067 (chapter 301, Laws of 2011). The bill allows the program to use alternative methods for mailing certified and registered mail.

Tamara Jones, Assistant Director

Legislative and Government Affairs

Rules Coordinator

Washington State Code Reviser's Office