14-14-032

WSR 14-14-032

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed June 24, 2014, 8:44 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, 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

July 1 - December 31, 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	Updating the public record WACs with the current agency organizational information, statutory references, web links, and records request information.
DIVISION: FINANCIAL MANAGEMENT: CRIME VICTIMS COMPENSATION
296-30 and 296-31	Admin of CVC	Maty Brimmer CVC [phone]	TBD	TBD	TBD
DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
296-307 Parts Y-1 and Y-2	Global harmonization of chapter 296-307 WAC, Safety standards for agriculture	Tari Enos DOSH Standards [phone]	6/3/14	After 7/18/14	TBD	Adopting new hazard communication rules as a result of federal OSHA requirements. Reference to the new rules (see WAC 296-901-140) will be adopted into chapter 296-307 WAC, Safety standards for agriculture. The current WAC 296-307-550 to 296-307-56050 Part Y-1 and Y-2 will remain in chapter 296-307 WAC until repealed, along with the general industry equivalent in accordance with the implementation dates set forth in WAC 296-901-140.
296-62	Clarifying chapter 296-62 WAC, General occupational health standards, relating to hazardous drugs	Tari Enos DOSH Standards [phone]	5/6/14	After 6/20/14	TBD	Amending sections of chapter 296-62 WAC relating to hazardous drugs for increased clarification, streamlining and conforming to the federal global harmonization rule requirements.
296-807, 296-817, 296-823, 296-826, 296-865, 296-869, 296-870 and 296-874	eRules filing package 2	Tari Enos DOSH Standards [phone]	7/22/14	After 9/5/14	TBD	Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-78	Safety standards for sawmills and woodworking operations	Tari Enos DOSH Standards [phone]	4/22/14	After 6/6/14	TBD	Amending WAC 296-78-71503 to align the lockout/tagout requirements with those of chapter 296-803 WAC, Control of hazardous records, to provide a greater level of protection for similar hazards and potential exposures.
296-45	Safety standards for electrical workers (helicopters/high voltage)	Tari Enos DOSH Standards [phone]	3/5/13	TBD	TBD	Updating the safety requirements in chapter 296-45 WAC that relate to electrical work with helicopter assistance.
296-307, Parts L and L-1	Temporary worker housing	Tari Enos DOSH Standards [phone]	6/17/14	After 8/1/14		Updating chapter 296-307 WAC, Parts L and L-1, to be consistent with department of health rule making related to temporary worker housing.
296-32	Safety standards for telecommunications	Cindy Ireland DOSH Standards [phone]	8/6/13	TBD	TBD	Updating 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 Standards [phone]	9/18/12	TBD	TBD	Updating current rules related to compressed air work based on industry developments and technology.
296-900	DOSH penalty calculations	Cindy Ireland DOSH Standards [phone]	4/22/14	9/30/14	12/16/14	Updating rules relating to penalties. The rule making is in response to federal changes in policy and mandated measures for calculating penalties. In October 2010, OSHA changed its policies for calculating penalties to require that the average penalty for serious violations (private sector employers only) be within +/- 25% of the three year national average. In October 2012, OSHA updated the state activities mandated measures (SAMM) Report to require state plan states to meet its new measures for calculating penalties. Additional stakeholder meetings being conducted before filing CR-102.
296-45	Safety standards for electrical workers	Cindy Ireland DOSH Standards [phone]	TBD	TBD	TBD	Amending 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.
DIVISION: FIELD SERVICES AND PUBLIC SAFETY
296-150M	Manufactured homes	Alicia Curry FAS Program [phone]	8/14	TBD	TBD	Amending WAC 296-150M-0306 for alterations of manufactured/mobile homes to update the building, mechanical and plumbing code requirements, based upon a review of the rules and stakeholder requests. This rule making is necessary to adopt the most technologically innovative standards for manufactured/mobile homes to allow the use of new technology and installations to adhere to present day standards used by the industry.
296-49A	Director's factory assembled structures advisory board	Alicia Curry FAS Program [phone]	8/14	TBD	TBD	Eliminating obsolete rules pertaining to the factory assembled structures advisory board to reflect current practice.
296-46B, 296-200A	Electrical safety standards, administration, and installation contractor certificate of registration renewals-Security-Insurance	Alicia Curry Electrical Program/ Contractor Registration [phone]	TBD	TBD	TBD	Amending the electrical and contractor rules pertaining to appeal bonds to comply with SHB 2146 that passed the legislature in 2014.
DIVISION: FRAUD PREVENTION AND LABOR STANDARDS
296-05	Apprenticeship rules	Beverly Clark Fraud Prevention and Labor Standards [phone]	6/3/14	8/19/14	11/14	Amending rules in response to the federal review to align the department's rules with the federal rules.
296-127	Prevailing wage	Beverly Clark Fraud Prevention and Labor Standards [phone]	TBD	TBD	TBD	Reviewing 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 [phone]	TBD	TBD	TBD	Adopting 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	Adopting scope of work description 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	TBD	TBD	Repealing 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	Making housekeeping changes and updating 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	Making housekeeping changes and updating 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	Making 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 [phone]	6/17/14	9/16/14	11/25/14	Setting rates for 2015 workers' compensation insurance.
296-17	Farm internship program	Jo Anne Attwood [phone]	5/20/14	7/22/14	9/3/14	Setting rates for farm internship classifications and amend the reporting rule.
296-17 and 296-17A	Miscellaneous classification and reporting changes	Jo Anne Attwood [phone]	4/22/14	6/17/14	8/19/14	Editing, correcting, clarifying, and formalizing current classification practices into reporting rules and classification rules.
296-17A	Classifications for tree services	Dick Bredeson [phone]	TBD	TBD	TBD	Considering creating separate classifications for tree trimmers.
296-17A	Classifications for schools and churches	Dick Bredeson [phone]	TBD	TBD	TBD	Considering creating separate classifications for schools and churches. Presently they are subclassifications of the same basic classification.
296-17A	Classifications: . Agriculture . Reforestation . Salons/spas . Sports teams	Dick Bredeson/ Annie Peeples [phone]	5/6/14	7/22/14	1/6/15	Reorganizing multiple classifications to better address like business exposures. Reformat classifications for clarity. Collapse subclassifications where appropriate. Address reporting issues in sports team classifications.
296-17A	Retail stores	Dick Bredeson [phone]	TBD	TBD	TBD	Considering classification changes if supported by insurance principals.
296-17A	Entertainers	Julia Sweeney [phone]	TBD	TBD	TBD	Updating classifications for reporting entertainers so that they are fair, equitable and easily applied.
296-17B	Retrospective rating for workers' compensation	Diane Doherty [phone]	TBD	TBD	TBD	Revisiting hazard grouping, insurance charges and savings tables and other rules that were implemented in January 2011.
DIVISION: INSURANCE SERVICES-HEALTH SERVICES ANALYSIS
296-21-290 296-23-220	Athletic trainer updates: SHB 2430	Erik Landaas Health Services Analysis [phone] Tom Davis Health Services Analysis [phone]	7/22/14	9/16/14	11/4/14	Allowing athletic trainers to treat injured workers.
DIVISION: INSURANCE SERVICES-LEGAL SERVICES
296-14	Confidentiality of workers' compensation claim files	Mark Rosen Legal Services (360) 902- 6042	11/16/04	TBD	TBD	Defining 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	TBD	TBD	Amending 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	TBD	TBD	Updating 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	TBD	TBD	Amending 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	TBD	TBD	Defining "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-OFFICE OF THE MEDICAL DIRECTOR
296-14 296-21	Psychiatric services	Jami Lifka Office of the Medical Director [phone]	TBD	TBD	TBD	Consider implementing the Diagnostic and Statistical Manual of Mental Disorders Fifth Edition (DSM-5).
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	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.

Suchi Sharma

Senior Policy Advisor

and Rules Coordinator