15-15-075

WSR 15-15-075

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed July 13, 2015, 4:05 p.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, 2015.

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

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

Semi-Annual Rules Development Agenda

July 1 - December 31, 2015

WAC CHAPTER(S)	RULE SUBJECT	AGENCY CONTACT	PROPOSED TIMELINE			BRIEF DESCRIPTION OF CHANGES
			CR-101	CR-102	CR-103
Division: Financial Management
296-30, 296-31, 296-33	Rules for the administration of the crime victims' compensation program.	Maty Brimmer [phone]	TBD	TBD	TBD	Administrative updates to crime victims' compensation program based on review of rules as outlined in SSB 5679.
Division: Insurance Services
296-17, 296-17B	2016 Workers' compensation premium rates.	Jo Anne Attwood [phone]	6/16/15	9/22/15	12/1/15	Set rates for 2016 workers' compensation insurance.
296-17, 296-17A	Workers' compensation classification for taxi drivers.	Jo Anne Attwood [phone]	5/19/15	7/21/15	Emergency 7/24/15 Permanent 9/15/15	Amend reporting and classification rules to implement changes from ESSB 5550 which repeals mandatory coverage for taxi, for-hire, limousine and exempts TNC drivers.
296-17A	Workers' compensation classifications for schools and churches.	Dick Bredeson [phone]	TBD	TBD	TBD	Consider creating separate classifications for schools and churches. Presently they are subclassifications of the same basic classification.
296-17A	Workers' compensation classification for fraternities/sororities.	Dick Bredeson [phone]	TBD	TBD	TBD	Amend classification rule to move fraternities and sororities from classification 6509 with assisted living facilities to the club classification 6205.
296-17A	Workers' compensation classifications for retail stores.	Dick Bredeson [phone]	TBD	TBD	TBD	Consider classification changes if supported by insurance principals.
296-17A	Workers' compensation classification for tutoring.	Dick Bredeson [phone]	TBD	TBD	TBD	Amend classification rules to include tutoring firms (currently are not identified in classification scopes) to classification 5301 Management consulting, NOC.
296-17, 296-17A	General workers' compensation classification rule making with reporting rule option.	Dick Bredeson [phone] Annie Peeples [phone]	10/20/15	1/5/16	8/2/16	Consider classification rewrites for clarifying unaddressed issues and plain talking for the following risk classes: 3702; 5201; and 6109.
296-17, 296-17A	Workers' compensation classification for janitorial division of hours.	Annie Peeples [phone]	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.
296-17A	Workers' compensation classifications for entertainers.	Julia Sweeney [phone]	TBD	TBD	TBD	Update classifications for reporting entertainers so that they are fair, equitable and easily applied.
296-17A	Workers' compensation classifications for merchandising/audio installation.	Julia Sweeney [phone]	TBD	TBD	TBD	Correct possible inconsistencies with some subclassifications to insure businesses with similar operations are classified together.
296-20, 296-23	Medical aid conversion factors, physical therapy rules, and occupational therapy rules.	Dave Overby [phone] Tom Davis [phone]	12/1/15	2/16	4/16	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.
296-14, 296-20, 296-21	Psychiatric services and the DSM-5.	Jami Lifka [phone]	8/5/14	6/2/15	9/1/15	Three rules will be amended so that they are consistent with implementing the American Psychiatric Association's Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5).
296-20	Interchangeable biological products.	Jaymie Mai [phone] Jami Lifka [phone]	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 will need to be amended to reflect this change.
296-16	Worker reemployment incentives.	Laurinda Grytness [phone]	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	Option 2 vocational benefits.	Laurinda Grytness [phone]	8/4/15	TBD	TBD	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.
296-17B	Retrospective rating for workers' compensation insurance-Common ownership.	Julie Osterberg [phone] Tim Smolen [phone]	TBD	TBD	TBD	Pilot rule making to consider/allow exceptions to the retroactive rating program's current common ownership rule (WAC 296-17B-770) as written.
296-17B	Retrospective rating for workers' compensation insurance-Retro insurance tables updates.	Debbie Sanders [phone] Tim Smolen [phone]	8/19/14	12/1/15	TBD	Implement changes in response to actuarial study of retrospective rating program's insurance tables (WAC 296-17B-910 through 296-17B-990).
296-15	Self-insurance audit governance committee.	James Nylander [phone]	TBD	TBD	TBD	The purpose of this rule making is to formalize the function and role of the new self-insurance audit governance committee.
Division: Field Services and Public Safety
296-150M	Factory assembled structures-Manufactured homes.	Alicia Curry [phone]	7/21/15	9/22/15	11/17/15	The factory assembled structures (FAS) program is considering rule amendments to chapter 296-150M WAC for manufactured homes. The proposed rules will adopt the latest safety code requirements and industry standards for manufactured and mobile homes, align the rules with statutory requirements, update and clarify the existing rules, correct references and grammatical errors, and housekeeping changes.
Division: Fraud Prevention and Labor Standards
296-127	Prevailing wage.	Beverly Clark [phone]	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 [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 [phone]	TBD	TBD	TBD	The department 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 [phone]	8/16/10	TBD	TBD	Repeal scope of work definitions for utilities construction and laborers in utilities construction.
296-200A	Contractor certificate of registration renewals-Security-Insurance.	Beverly Clark [phone]	TBD	TBD	TBD	Make housekeeping changes and update language for clarity and consistency with industry practices. Clarify definitions.
296-200A	Contractor certificate of registration renewals-Security-Insurance.	Beverly Clark [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 [phone]	6/16/15	8/18/15	9/15	Make housekeeping changes and update language for clarity and consistency with industry practices.
Division: Division of Occupational Safety and Health (DOSH)
296-62	General occupational health standards-Hazardous drugs.	Chris Miller [phone]	5/6/14	TBD	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.
296-54	Safety standards-Logging operations.	Chris Miller [phone]	11/16/10	TBD	TBD	Resuming rule-making efforts initiated in 2010 based on a petition from the logging industry.
296-78	Safety standards for sawmills and woodworking operations-Lockout-tagout for sawmills.	Chris Miller [phone]	4/22/14	6/30/15	10/15	Repealing the existing lockout-tagout language under WAC 296-78-71503 and adding a reference requiring compliance with chapter 296-803 WAC, Lockout/tagout (control of hazardous energy).
296-45	Safety standards for electrical workers (helicopters/high voltage).	Chris Miller [phone]	3/5/13	10/15	TBD	Updating the safety requirements in chapter 296-45 WAC that relate to electrical work with helicopter assistance.
296-45	Safety standards for electrical workers.	Chris Miller [phone]	12/2/14	10/15	TBD	Revising 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.
296-32	Safety standards for telecommunications.	Chris Miller [phone]	8/6/13	12/15	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	Safety standards-Compressed air work (tunnels).	Chris Miller [phone]	9/18/12	12/15	TBD	Updating current rules related to compressed air work based on industry developments and technology.
296-807, 296-817, 296-823, 296-826, 296-865, 296-869, 296-870, 296-874	eRules reformatting, Phase 2.	Chris Miller [phone]	7/22/14	2/3/15	5/19/15	Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-56, 296-806, 296-809, 296-828, 296-860, 296-864	eRules reformatting, Phase 3.	Chris Miller [phone]	8/19/14	TBD	TBD	Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-24	eRules reformatting, Phase 4.	Chris Miller [phone]	3/17/15	7/21/15	10/19/15	Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-155	eRules reformatting, Phase 5.	Chris Miller [phone]	6/2/15	8/18/15	11/23/15	Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
296-27, 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 [phone]	7/21/15	9/4/15	12/21/15	Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
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 [phone]	9/4/15	11/10/15	1/4/16	Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.
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 [phone]	12/21/15	TBD	TBD	Reformatting safety and health rules to make them easier to read, comprehend, reference and access electronically from a mobile device.

Maggie Leland

Senior Policy Advisor

and Rules Coordinator