14-04-083

WSR 14-04-083

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed January 31, 2014, 3:38 p.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, 2014.

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

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

Semi-Annual Rules Development Agenda

January 1 - June 30, 2014

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 WAC 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	eRules.	Cathy Julian DOSH [phone]	(CR-105 filed 6/18/13, objection received) WSR 13-13-064	12/17/13 WSR 14-01-088	4/22/14	Reorganize, renumber, make plain language changes, and easier e-access via smart phones, etc.
296-32	Safety standards for telecommunications.	Cindy Ireland DOSH [phone]	8/6/13 WSR 13-16-084	TBD	TBD	Update current telecommunications standard and bring it up to date with industry standards.
296-36 296-155, Part Q	Safety standards-Compressed air work.	Cindy Ireland DOSH [phone]	9/18/12 WSR 12-19-075	TBD	TBD	Update current rules related to compressed air work based on industry developments and technology.
296-37	Standards for commercial diving operations.	Cindy Ireland DOSH [phone]	TBD	TBD	TBD	Consider updating rule in response to recent accidents.
296-45	Safety standards for electrical workers (helicopters).	Tari Enos DOSH [phone]	3/5/13 WSR 13-06-055	TBD	TBD	Address for the first time safety standards addressed for lineman working from a basket attached to a helicopter.
296-56	Head protection.	Tari Enos DOSH [phone]	N/A	(CR-105) 9/3/13 WSR 13-18-064	1/7/14 WSR 14-03-013	Initiate rule making in response to OSHA rule change. Discussions underway regarding type and scope of rule making needed.
296-307	Safety standards in agriculture-Incorporate global harmonization rule.	Tari Enos/ Cindy Ireland DOSH [phone]	TBD	TBD	TBD	Incorporate global harmonization rule into agriculture rules.
296-901	Globally harmonized system (GHS) for hazard communication-PHASE 2.	Tari Enos/ Cindy Ireland DOSH [phone]	5/21/13 WSR 13-11-109	11/4/13 WSR 13-22-063	TBD - Spring 2014	Align over thirty WACs with GHS and incorporate additional OSHA rule changes made on February 8, 2013. Phase 2 of 2.
296-78	Lockout/tagout sawmills.	Tari Enos DOSH [phone]	3/5/14	TBD	TBD	Add reference to chapter 296-803 WAC in response to petition request.
296-900	DOSH penalty calculations.	Cindy Ireland/ Tari Enos DOSH [phone]	3/18/14	5/20/14	8/19/14	Resurrecting prior penalties calculation rule making to comply w/OSHA. Conducting additional stakeholdering before filing CR-101.
296-52	Explosives.	Tari Enos DOSH [phone]		CR-105 12/3/13 WSR 13-24-094	3/24/14	Expedited rule making to address new Washington state statutory requirement.
DIVISION: FIELD SERVICES AND PUBLIC SAFETY
296-46B	Electrical safety standards, administration, and installation.	Alicia Curry Electrical Program [phone]	9/24/13 WSR 13-20-033	2/18/14	5/20/14	Adopt new safety code requirements from the 2014 edition of the National Electrical Code (NEC) and other proposals. The 2014 NEC was adopted by the department on March 1, 2013, to replace the current 2008 NEC standards and will become effective on July 1, 2014.
296-96	Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances.	Alicia Curry Field Services and Public Safety [phone]	8/20/13 WSR 13-17-102	11/27/13 WSR 13-24-066	2/26/14	Increase the elevator fees by 13.1 percent following legislative approval for fee increase.
296-96-00904	What must you do to become and remain a licensed elevator contractor?	Alicia Curry Field Services and Public Safety [phone]	N/A	(CR-105) 3/5/14	5/21/14	Correct a word error that occurred when adopting the annual fee increase.
296-150M	Manufactured homes.	Alicia Curry Field Services and Public Safety [phone]	TBD	TBD	TBD	Make housekeeping changes and update language for clarity and consistency with industry practices.
DIVISION: FRAUD PREVENTION AND LABOR STANDARDS
296-05	Apprenticeship rules.	Beverly Clark Fraud Prevention and Labor Standards [phone]	TBD	TBD	TBD	Make the final rule changes in response to the federal review to align the rules with the federal rules. Currently awaiting federal direction before proceeding.
296-127	Prevailing wage.	Beverly Clark Fraud Prevention and Labor Standards [phone]	TBD	TBD	TBD	Rule making will: .  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.	Beverly Clark Fraud Prevention and Labor Standards [phone]	TBD	TBD	TBD	Adopt scope of work descriptions for dredge workers, truck drivers, and ready mix drivers.
296-127	Prevailing wage-Scope of work description for fabricated precast concrete products.	Beverly Clark Fraud Prevention and Labor Standards [phone]	TBD	TBD	TBD	Define the scope of work for fabricated precast concrete products.
296-127	Prevailing wage-Scope of work descriptions for utilities construction and laborers in utilities construction.	Beverly Clark Fraud Prevention and Labor Standards [phone]	8/16/10 WSR 10-17-087	TBD	TBD	Repeal scope of work definitions for utilities construction and laborers in utilities construction.
296-150M	Manufactured homes.	Beverly Clark Fraud Prevention and Labor Standards [phone]	TBD	TBD	TBD	Make housekeeping changes and update language for clarity and consistency.
296-200A	Contractor certificate of registration renewals-Security-Insurance.	Beverly Clark Fraud Prevention and Labor Standards [phone]	TBD	TBD	TBD	Make housekeeping changes and update language for clarity and consistency with industry practices. Clarify definitions.
296-400A	Plumber certification rules.	Beverly Clark Fraud Prevention and Labor Standards [phone]	TBD	TBD	TBD	Make housekeeping changes and update language for clarity and consistency with industry practices.
DIVISION: INSURANCE SERVICES-EMPLOYER SERVICES
296-17 and 296-17B	2015 Workers' compensation premium rates.	Jo Anne Attwood 902-4777	6/17/14	9/16/14	11/25/14	Set rates for 2015 Workers' compensation insurance.
296-17A	Classifications for tree services.	Dick Bredeson 902-4985	TBD	TBD	TBD	Consider creating separate classifications for tree trimmers.
296-17A	Classifications for schools and churches.	Dick Bredeson 902-4985	TBD	TBD	TBD	Consider creating separate classifications for schools and churches. Presently they are subclassifications of the same basic classification.
296-17A	General classification rules:   . Salons/spas   . Optical stores   . Reforestation   . Agriculture	Dick Bredeson 902-4985	TBD	TBD	TBD	Reorganize multiple classifications to better address like business exposures. Reformat classifications for clarity. Collapse subclassifications where appropriate.
296-17	Multiple classifications reporting.	Colleen Nelson 902-4773	9/3/13 WSR 13-18-061	1/21/14 WSR 14-03-111	5/30/14	Clarify existing rules on when employers qualify for multiple basic classifications.
296-17B	Retrospective rating.	Diane Doherty 902-5903	11/5/13 WSR 13-22-071	TBD	TBD	Address extending requirements for businesses that enroll in individual retro plans and revising enrollment requirements for businesses under common majority ownership.
296-17B	Retrospective rating.	Diane Doherty 902-5903	11/5/13 WSR 13-22-072	4/1/14	TBD	Ensure that retro and nonretro employers continue to fund the same percentage of their claim costs and that retro refunds are distributed fairly among employers in retro.
296-17A	Agriculture classification rules, WAC 296-17A-4802 through 296-17A-4813.	Karen Chamberlain 902-4772	5/6/14	7/22/14	1/6/15	Clarifying and plain talk the agriculture rules. It is not anticipated this will result in any reclassifying of accounts.
296-17A	Reforestation classification rules, WAC 296-17A-1007, 296-17A-5004, 296-17A-5006.	Karen Chamberlain 902-4772	5/6/14	7/22/14	1/6/15	Combe [Combine] some very small reforestation subclassifications into larger and more credible groupings. Rates will not change, businesses will be reassigned to new subclassifications at the same rate.
296-17A	Opticians, WAC 296-17A-6109.	Dick Bredeson 902-4985	5/6/14	7/22/14	1/6/15	Reclassify opticians who also sell eyewear into the optical store classification. Align with NCCI rules. It will result in moving many optician businesses from classification 6109 to the lower rated classification 6308.
296-17A	Spas, WAC 296-17A-6109, 296-17A-6204, 296-17A-6501.	Julia Sweeney 902-4799	5/6/14	7/22/14	1/6/15	Codify existing classification policy that is currently in an advisement.
296-17A	Sports teams, WAC 296-17A-6706, 296-17A-6707, 296-17A-6809, 296-17A-7102.	Richard Bredeson 902-4985	5/6/14	7/22/14	1/6/15	Codify an earlier agreement between professional sports teams and the department to allow coaches and managers to be reported in a lower rated classification in the off-season.
DIVISION: INSURANCE SERVICES-HEALTH SERVICES ANALYSIS
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]	12/17/13 WSR 14-01-087	2/14	4/14	Update conversion factors used to determine payments to medical providers, and to update the maximum daily fees payable to physical and occupational therapists.
DIVISION: INSURANCE SERVICES-LEGAL SERVICES
296-14	Confidentiality of workers' compensation claim files.	Mark Rosen Legal Services (360) 902- 6042	11/16/04 WSR 04-23-080	TBD	TBD	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 Legal Services (360) 902- 6042	1/2/13 WSR 13-02-092	TBD	TBD	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 Legal Services (360) 902- 6042	6/20/01 WSR 01-13-096	TBD	TBD	Update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
296-14	Wages.	Mark Rosen Legal Services (360) 902- 6042	4/22/08 WSR 08-09-115	TBD	TBD	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 Legal Services (360) 902- 6042	6/5/07 WSR 07-12-079	TBD	TBD	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.
DIVISION: INSURANCE SERVICES-SELF-INSURANCE
296-15	Penalties owed by the self-insured employer resulting from delay or failure to authorize and pay benefits.	Natalee Fillinger Self-Insurance [phone]	11/19/13 WSR 13-23-077	TBD	TBD	Consider adopting rules regarding penalties, to define what information is required to constitute a request for penalty and what response is required from the self-insured employer.
296-15	Certified claims administrators and continuing education requirements.	Natalee Fillinger Self-Insurance [phone]	3/19/13 WSR 13-07-060	10/23/13 WSR 13-21-147	1/2/14 WSR 14-02-121	Define the term "certified claims administrator" and reclassify some continuing education credits to a "general education" category.

Suchi Sharma

Senior Policy Advisor

and Rules Coordinator