16-04-090  

  • WSR 16-04-090
    AGENDA
    DEPARTMENT OF
    LABOR AND INDUSTRIES
    [Filed January 29, 2016, 5:09 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, 2016.
    There may be additional rule-making activities not on the agenda as conditions warrant.
    Please contact Maggie Leland at (360) 902-4504 or maggie.leland@lni.wa.gov if you have any questions.
    Semi-Annual Rules Development Agenda
    January 1 - June 30, 2016
    WAC
    CHAPTER(S)
    RULE SUBJECT
    AGENCY
    CONTACT
    PROPOSED TIMELINE
    BRIEF DESCRIPTION OF CHANGES
    CR-101
    CR-102
    CR-103
    Division: Division of occupational safety and health (DOSH)
    296-809
    Construction confined spaces
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    1/5/16
    September 2016
    April 2017
    Changing rule to align with OSHA's recent changes to their 29 C.F.R. 1926, Subpart AA, which covers confined space issues in construction.
    296-45
    Electrical workers
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    12/2/14
    12/8/15
    4/5/16
    Rule making necessary to revise chapter 296-45 WAC to comply with changes in OSHA 29 C.F.R. Parts 1910 Electric Power Generation, Transmission and Distribution and 1926, Subpart V, Power Transmission and Distribution.
    296-62-500
    Part R
    Hazardous drugs
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    5/6/14
    1/19/16
    5/3/16
    Amending sections of chapter 296-62 WAC relating to hazardous drugs for increased clarification, streamlining and conforming to the federal global harmonization rule requirements.
    296-45
    High voltage/helicopters
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    3/5/13
    12/8/15
    4/5/16
    Updating the safety requirements in chapter 296-45 WAC that relate to electrical work with helicopter assistance.
    296-32
    Telecommunications
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    8/6/13
    September 2016
    TBD
    Updating current telecommunications standard and bringing it up-to-date with industry standards. DOSH has been working with a stakeholder group to develop draft language.
    296-36,
    296-155
    Part Q
    Compressed air (tunnels)
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    9/18/12
    June 2016
    TBD
    Rule making in response to petitions and other requests from labor and business industry stakeholders to update the compressed air work requirements in chapters 296-36 and 296-155 WAC Part Q.
    296-54
    Logging operations
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    11/16/10
    TBD
    TBD
    Resuming rule-making efforts initiated in 2010 based on a petition from the logging industry.
    296-155
    Fall protection
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    3/22/16
    TBD
    TBD
    Correct Part C-1 in construction rule.
    296-155
    Demolitions standards
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    April 2016
    TBD
    TBD
    Update based on nonworker fatality.
    296-27
    296-800
    Recordkeeping and reporting, Phase 2
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    April 2016
    TBD
    TBD
    Rule making necessary to revise chapters 296-27 and 296-800 WAC to comply with changes in OSHA 29 C.F.R. Part 1904 Recording and Reporting Occupational Injuries and Illnesses. Phase 1 of rule adopted on May 19, 2015, effective July 1, 2015. Phase 2 will be to submit CR-105 to add bloodborne pathogens and firefighters; as well as housekeeping.
    296-62
    Lead
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    March/April 2016
    TBD
    TBD
    DOSH is currently holding stakeholder meetings in response to a public petition received that requested we update our lead rule to provide better protection for workers.
    296-307
    296-800
    296-839
    296-901
    Globally harmonized system (GHS) for hazard communication for agriculture Phase 2
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    February 2016
    TBD
    TBD
    Correcting minor sections that were not modified during the original rule making.
    296-155
    eRules reformatting,
    Phase 5
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    6/2/15
    1/5/16
    4/5/16
    Fifth of ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.
    296-54, 296-65, 296-301, 296-303, 296-304, 296-803, 296-811, 296-816, 296-818, 296-824, 296-835, 296-841, 296-842, 296-863, 296-900
    eRules reformatting,
    Phase 6
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    8/18/15
    3/22/16
    6/21/16
    Sixth of ten staged filing packages to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.
    296-305, 296-800, 296-802, 296-833, 296-839, 296-843, 296-848, 296-849, 296-855, 296-856
    eRules reformatting,
    Phase 7
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    12/1/15
    5/31/16
    8/23/16
    Seventh of ten staged filing packages to reformat safety and health rules for easier use, clearer understanding, and greater stakeholder access.
    296-27, 296-32, 296-36, 296-37, 296-45, 296-52, 296-59, 296-63, 296-67, 296-78, 296-79, 296-99, 296-155
    eRules reformatting,
    Phase 8
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    3/1/16
    5/31/16
    8/23/16
    Eighth of ten staged filing packages to reformat safety and health rules for easier use, clearer understanding, and greater stakeholder access.
    296-62
    eRules reformatting,
    Phase 9
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    4/19/16
    5/31/16
    8/23/16
    Ninth of ten staged filing packages to reformat safety and health rules for easier use, clearer understanding, and greater stakeholder access.
    296-829, 296-876, 296-878
    Change log
    Phase 1
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    2/16/16
    TBD
    TBD
    Housekeeping to rules that have corrections listed in the change log that are not currently open in eRules.
    296-24, 296-56, 296-806, 296-807, 296-809, 296-817, 296-823, 296-826, 296-828, 296-860, 296-864, 296-865, 296-869, 296-870, 296-874
    Change log
    Phase 2
    Chris Miller
    DOSH
    Standards Program
    (360) 902-5516
    March/April 2016
    TBD
    TBD
    Housekeeping to rules that have corrections listed in the change log that are not currently open in eRules.
    Division: Fraud prevention and labor standards
    296-127
    Prevailing wage
    Beverly Clark
    Fraud Prevention and Labor Standards
    (360) 902-6272
    TBD
    TBD
    TBD
    Review prevailing wage rules, which have not gone through a comprehensive review since the early 90s. Amendments 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
    (360) 902-6272
    1/5/16
    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
    (360) 902-6272
    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
    Beverly Clark
    Fraud Prevention and Labor Standards
    (360) 902-6272
    8/16/10
    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
    (360) 902-6272
    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
    (360) 902-6272
    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
    (360) 902-6272
    6/16/15
    10/7/15
    2/16/16
    Make housekeeping changes and update language for clarity and consistency with industry practices.
    Division: Insurance services
    296-14
    Pension discount rate
    Suzy Campbell
    Claims Specialty Services
    (360) 902-5003
    11/3/15
    12/22/15
    2/16/16
    Consider whether to reduce the current pension discount rate of 6.4 percent lower for 2016.
    296-17
    296-17A
    General classification rule making with reporting rule option
    Annie Peeples Employer Services
    (360) 902-4733
    10/20/15
    1/5/16
    7/5/16
    Changes to a variety of classifications and reporting rules to improve clarity and potentially consolidate subclassifications to better address homogeneity. Employer rates will not change as a result of this rule making.
    296-17
    296-17A
    2016 Miscellaneous reporting and classification change
    Jo Anne Attwood Employer Services
    (360) 902-4777
    1/19/16
    3/22/16
    5/17/16
    . Correct typographical and other errors (such as invalid telephone numbers and out-of-date references),
    . Revise wording and formatting to make the rules easier to understand and apply, and
    . Incorporate and formalize existing agency practices (such as expressly including in a risk classification employment that the department currently includes by interpretation or analogy).
    296-17
    296-17B
    2017 Workers' compensation premium rates
    Jo Anne Attwood Employer Services
    (360) 902-4777
    6/21/16
    9/20/16
    11/29/16
    Set rates for 2017 workers' compensation insurance.
    296-17A
    Classifications for schools and churches
    Dick Bredeson Employer Services
    (360) 902-4985
    TBD
    TBD
    TBD
    Consider creating separate classifications for schools and churches. Presently they are subclassifications of the same basic classification.
    296-17A
    Retail stores
    Dick Bredeson Employer Services
    (360) 902-4985
    5/17/16
    8/23/16
    3/7/17
    Consider classification changes if supported by insurance principals.
    296-17A
    Entertainers
    Julia Sweeney Employer Services
    (360) 902-4799
    TBD
    TBD
    TBD
    Update classifications for reporting entertainers so that they are fair, equitable and easily applied.
    296-17A
    Merchandising/audio installation
    Julia Sweeney Employer Services
    (360) 902-4799
    TBD
    TBD
    TBD
    Correct possible inconsistencies with some subclassifications to insure businesses with similar operations are classified together.
    296-17
    296-17A
    Janitorial division of hours
    Annie Peeples Employer Services
    (360) 902-4733
    TBD
    TBD
    TBD
    Amends reporting and classification rules to improve clarity regarding the division of hours between classification 6602 and construction classifications, and creates special exception subclassification for preoccupancy cleanup.
    296-20-135 296-23-220 296-23-230
    Medical aid rules rate updates
    Emily Stinson
    Health Services Analysis
    (360) 902-5974
    12/22/15
    2/16/16
    4/19/16
    The affected rules describe elements used in the process of updating the maximum allowable payments for most professional health care services.
    296-20
    Interchangeable biological products
    Jaymie Mai
    Office of the
    Medical Director
    (360) 902-6792
    Jami Lifka
    Office of the
    Medical Director
    (360) 902-4941
    TBD
    TBD
    TBD
    ESB 5935 "Concerning biological products" passed during the 2015 legislative session. This bill authorizes pharmacists to substitute FDA-approved "interchangeable biological products," similar to generics, for brand biologicals. WAC 296-20-03011 should be amended to reflect this change. This may be an expedited rule-making process.
    296-19A
    Option 2 benefits
    Laurinda Grytness Return to Work Partnerships
    (360) 902-6362
    8/4/15
    9/22/15
    1/19/16
    Changes needed to implement SHB 1496. Increases the vocational award to an amount equal to nine months of temporary total disability benefits, allows up to ten percent of retraining funds to be used for vocational assistance, and gives Option 1 participants the ability to switch to Option 2 through the first academic quarter or three months of training.
    296-16
    Employer-Worker reemployment incentives
    Laurinda Grytness
    Return to Work Partnerships
    (360) 902-6362
    8/4/15
    TBD
    TBD
    Changes needed to implement SHB 1496. Employers participating in the preferred worker program could receive financial incentives similar to the existing stay at work program. They could also receive a new "durable employment" bonus, and the premium discount would be extended to include the employer of injury.
    296-19A
    Vocational rehabilitation
    Laurinda Grytness
    Return to Work Partnerships
    (360) 902-6362
    3/1/16
    TBD
    TBD
    Further changes as needed to implement SHB 1496, such as providing clarification about Option 2 vocational counseling and job placement services.
    296-15-4316
    Vocational Option 2 benefits
    James Nylander
    Self-Insurance
    (360) 902-6907
    10/6/15
    TBD
    TBD
    This rule making changes an existing rule, to allow a longer period of time for workers who are eligible for vocational retraining to decline further vocational services and instead select vocational Option 2 benefits.
    296-15
    Electronic data interchange
    James Nylander
    Self-Insurance
    (360) 902-6907
    12/22/15
    TBD
    TBD
    L&I has agreed to change from the current method of self-insurance claim data reporting to an electronic data interchange (EDI). Existing rules must be modified to establish the reporting requirements for the EDI method of data submittal.
    Maggie Leland
    Rules Coordinator
    Senior Policy Advisor

Document Information

Effective Date:
7/1/2015