13-03-030

WSR 13-03-030

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed January 8, 2013, 11:12 a.m. ]

     Pursuant to RCW 34.05.314, following is the department of labor and industries' semi-annual rules development agenda for January 1 through June 30, 2013.

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

     Please contact Tamara Jones at [phone] or [e-mail] if you have any questions.

Semi-Annual Rules Development Agenda

January 1 - June 30, 2013

WAC CHAPTER(S)	RULE SUBJECT	AGENCY CONTACT	PROPOSED TIMELINE			BRIEF DESCRIPTION OF CHANGES
			CR-101	CR-102	CR-103
DIVISION: ADMINISTRATIVE SERVICES
296-06	Public records.	Angie Wharton Public Records [phone]	TBD	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: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
All DOSH WACs	DOSH rules overhaul.	Devin Proctor DOSH [phone]	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.
296-32	Telecommunications.	Beverly Clark DOSH [phone]	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 [phone]	9/18/12 WSR 12-19-075	TBD	TBD	In 2011, DOSH met with a compressed atmospheres stakeholder group to discuss possibly updating the current rules relating to compressed air work. This standard is extremely outdated and requires multiple variances in order for work to be done safely with current technology. At the meeting the group voted unanimously that the current standard should be updated based on industry developments and technology.
296-52	Safety standards for possession, handling, and use of explosives.	Devin Proctor DOSH [phone]	TBD	TBD	TBD	The department received a petition for rule making for the explosives standard. The department has accepted the petition and will start formal rule making.
296-54	Safety standards for logging.	Devin Proctor DOSH [phone]	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	Fall protection.	Cindy Ireland DOSH [phone]	4/4/06 WSR 06-08-085	8/21/12 WSR 12-17-118	1/22/13	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	Firefighting.	Devin Proctor DOSH [phone]	11/4/08 WSR 08-22-082	8/21/12 WSR 12-17-119	1/22/13	The occupational safety and health administration (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 [phone]	TBD	TBD	TBD	The department will put respirator requirements for the controlled negative pressure REDON fit testing protocol into the agriculture rule.
296-901	Hazard communication (global harmonization).	Beverly Clark DOSH [phone]	N/A	12/18/12 (CR-105) WSR 13-01-070	3/15/13	OSHA adopted the final rules updating its hazard communication standard into alignment with the globally harmonized system of classification and labeling of chemicals (GHS). The deadline for implementation of OSHA's rule is phased in; the effective dates start on December 1, 2013, with full compliance not required of employers until June 1, 2016. OSHA's rule also modified other existing OSHA standards that contain hazard classification and communication provisions so that they will be internally consistent and aligned with the GHS modifications to the hazard communication standard. The department is required to update our rules to be at-least-as-effective-as OSHA. It is anticipated that the department's rule making to modify other existing standards to align with the GHS changes as required by OSHA's rule will be done in subsequent rule makings.
DIVISION: INSURANCE SERVICES
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	TBD	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	Definition of temporary partial disability (loss of earning power).	Mark Rosen Integrated Claims Services-- Policies and Rules (360) 902- 6570	1/2/13 WSR 13-02-092	February 2013	May 2013	This rule making will amend the definition of temporary partial disability (loss of earning power) in the medical aid rules and add a corresponding definition in the industrial insurance rules.
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	TBD	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	TBD	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	TBD	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	Reporting option 2 vocational costs to L&I.	Ginny Klapstein Self-Insurance [phone]	TBD	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.	Ginny Klapstein Self-Insurance [phone]	TBD	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.	Ginny Klapstein Self-Insurance [phone]	8/20/08 WSR 08-17-117	TBD	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."
296-15	Certified claims administrators and continuing education requirements.	Ginny Klapstein Self-Insurance [phone]	TBD	TBD	TBD	This rule making will define the term "certified claims administrator" and reclassify some continuing education credits to a "general education" category.
296-15	SSB 5801 Requirements for self-insured employers.	Leah Hole-Curry Office of the Medical Director [phone]	11/20/12 WSR 12-23-074	1/22/13	4/9/13	SSB 5801 (chapter 5, Laws of 2011) directs L&I to establish a medical provider network. This rule making makes self-insurance's rules consistent with and includes direct reference to the statewide health care provider network. This will allow workers for SI's to receive information necessary to access care within the provider network.
296-15 296-20	Medication rules.	Jaymie Mai Office of the Medical Director [phone]	1/22/13 WSR 13-02-093	3/19/13	5/28/13	This rule making may include but is not limited to the following medication related issues:
						?Amending current opioid rules to ensure consistency with department of health rules and support key concepts in the new L&I guideline,
						?Clarifying payment for medication to those approved by the Federal Drug Administration (FDA) or other similar regulatory agencies outside the United States to address medical marijuana and treatment of workers who live in other countries, and
						?Allowing pensioners with ongoing medical treatment the convenience of receiving a ninety-day supply of medication via mail order to improve customer service and implement SAO Prescription Drug Audit recommendation.
296-17	Change of ownership -- Experience modification factor.	Julia Sweeney Employer Services 902-4799	TBD	TBD	TBD	Simplify change of ownership - experience modification factor rule, based on employer services strategic initiative.
296-17	Taxi reporting.	Jo Anne Attwood Employer Services 902-4777	TBD	TBD	TBD	Allow taxi firms to report in more than one taxi classification to allow for full-time and part-time drivers/vehicles.
296-17 296-17A	Classifications for land surveyors.	Karen Chamberlain Employer Services 902-4772	3/6/12 WSR 12-06-068	1/22/13	TBD	Create rules resulting from evaluating the fairness and equality of rates in the land survey industry.
296-17 296-17A	Employer services--Housekeeping changes.	Jo Anne Attwood Employer Services 902-4777	1/22/13	3/19/13	5/21/13	Correct various rules for typographic errors, organizational flow, and clarity of language for improved application of rules.
296-17 296-17A	Classification for product demonstrators.	Dick Bredeson Employer Services 902-4985	9/4/12 WSR 12-18-072	11/6/12 WSR 12-22-055	4/1/13	Create a new subclassification to better describe and more fairly classify the exposures of product demonstrators.
296-17A	Classifications for tree services.	Dick Bredeson Employer Services 902-4985	TBD	TBD	TBD	Possibly create separate classifications for tree trimmers.
296-17A	Classifications for schools and churches.	Dick Bredeson Employer Services 902-4985	TBD	TBD	TBD	Possibly create separate classifications for schools and churches. Presently they are subclassifications of the same basic classification.
296-17A	Classifications for stores.	Dick Bredeson Employer Services 902-4985	TBD	TBD	TBD	Reorganize multiple classifications to better address like business exposures.
296-17A	Classifications for nursing and boarding homes.	Dick Bredeson Employer Services 902-4985	TBD	TBD	TBD	Reorganize multiple classifications to better address like business exposures.
296-17A	Classifications for optical stores.	Dick Bredeson Employer Services 902-4985	TBD	TBD	TBD	Reorganize multiple classifications to better address like business exposures.
296-17A	Classifications for durable medical equipment.	Julia Sweeney Employer Services 902-4799	TBD	TBD	TBD	Reorganize multiple classifications to better address like business exposures and eliminate existing contradictions in classification language.
296-17 296-17B	2014 workers' compensation premium rates.	Jo Anne Attwood Employer Services 902-4777	6/19/13	9/18/13	11/30/13	Set rates for 2014 workers' compensation insurance.
296-20 296-23	Medical aid conversion factors, physical therapy rules, and occupational therapy rules.	Erik Landaas Health Services Analysis [phone] Tom Davis Health Services Analysis [phone]	12/18/12 WSR 13-01-069	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 [phone]	3/20/12 WSR 12-07-069	10/23/12 WSR 12-21-102	1/22/13	Rules need to be updated so that minimum approval standards for IME examiners are equal to or above the new medical provider network minimum credentialing requirements.
DIVISION: SPECIALTY COMPLIANCE SERVICES (SCS)
296-05	Apprenticeship rules.	Sally Elliott Specialty Compliance Services [phone]	8/21/12 WSR 12-17-122	10/23/12 WSR 12-21-104	1/22/13	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.	Sally Elliott Specialty Compliance Services [phone]	7/31/12 WSR 12-16-067	10/23/12 WSR 12-21-103	1/22/13	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. The program needs to proceed with rule making in order to make sure the rules reflect industry practice.
296-96	Elevator rules.	Sally Elliott Specialty Compliance Services [phone]	11/20/12 WSR 12-23-075	1/22/13	4/16/13	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 program needs to proceed 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.
						?Amend language for consistency and to clarify statutory requirements.
						?Adopt proposals requested and supported by stakeholders.
						?Amend the rules for clarification and safety.
						?Amend language for general housekeeping, grammatical and reference corrections to bring the rules up to date.
296-104	Board of boiler rules.	Sally Elliott Specialty Compliance Services [phone]	12/4/12 WSR 12-24-068	1/22/13	4/23/13	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. The program needs to proceed with rule making to:
						?Review the current edition of the national safety standards for boiler and pressure vessels. It is critical the program adopt the current national consensus standards, as these standards are required to be used by boiler and pressure vessel manufacturers and repair organizations throughout the state. Also, these standards ensure that Washington state is consistent with other states and the same safety standards are met by boiler and pressure vessel inspectors working in other states.
						?Review current language to ensure there is consistency with statutory requirements.
						?Create new definitions for terms used in the industry to eliminate confusion and misinterpretation.
						?Clarify the rules to improve safety and to reflect current processes.
						?General housekeeping, grammatical and reference corrections to bring the rules up to date.
296-125	Employment standards -- Child labor rules.	Sally Elliott Specialty Compliance Services [phone]	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.
296-127	Prevailing wage.	Sally Elliott Specialty Compliance Services [phone]	6/16/09 WSR 09-13-077	5/18/10 WSR 10-11-116 (Withdrawn on 12/1/10)	TBD	The rule making reviews prevailing wage rules, which have not gone through a comprehensive review since the early 90s. Amendments will be made to reflect:
						? 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.	Sally Elliott Specialty Compliance Services [phone]	7/20/10 WSR 10-15-107	11/2/10 WSR 10-22-104 (Withdrawn on 12/2/10)	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.	Sally Elliott Specialty Compliance Services [phone]	TBD	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.	Sally Elliott Specialty Compliance Services [phone]	8/16/10 WSR 10-17-087	TBD	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.
296-200A	Contractor certificate of registration.	Sally Elliott Specialty Compliance Services [phone]	7/6/10 WSR 10-14-103	TBD	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.
296-400A	Plumber certification.	Sally Elliott Specialty Compliance Services [phone]	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 for Legislative

and Government Affairs

Rules Coordinator