13-16-021

WSR 13-16-021

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed July 26, 2013, 2:03 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, 2013.

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

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

Semi-Annual Rules Development Agenda

July 1 - December 31, 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	Revise rules to update the public record WACs with the current agency organizational information, statutory references, web links, and records request information.
DIVISION: CRIME VICTIM[S] COMPENSATION (CVC)
296-30	Rules for the administration of the CVC program.	Maty Brimmer CVC [phone]	TBD Sept - Oct 2013	TBD	TBD	Adopt some worker compensation rules for the administration of the CVC program.
DIVISION: DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
All DOSH WACs	All DOSH WACs.	Cathy Julian DOSH [phone]	(CR-105 filed 6/18/13, objection received) WSR 13-13-064	TBD	TBD	Reorganize, renumber, make plain language changes, and easier e-access via smart phones, etc. The WISHA advisory committee is urging DOSH to proceed with this work.
296-32	Safety standards for telecommunications.	Cindy Ireland DOSH [phone]	8/20/13	TBD	TBD	Update current telecommunications standard and bring it up-to-date with industry standards. DOSH has been working with a telecommunication stakeholder group to develop draft language.
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	Possibly update rule in response to recent accidents.
296-45	Safety standards for electrical workers (helicopters).	Jeff Killip 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.
296-52	Safety standards for possession, handling, and use of explosives.	Cindy Ireland DOSH [phone]	NA	(CR-105) 9/3/13	TBD	Initiate expedited rule making to align DOSH regulations with a 2013 adopted Washington state statute.
296-xxx	Head protection.	Cindy Ireland DOSH [phone]	TBD	(CR-105) 9/3/13	TBD	Initiate rule making in response to OSHA rule change. Discussions underway regarding type and scope of rule making needed.
296-155	Safety standards for construction work.	Jeff Killip DOSH [phone]	NA	(CR-105) 8/20/13	TBD	Initiate expedited rule making to address an external broken link referenced in current DOSH regulation.
296-307	Safety standards in agriculture - REDON fit testing.	Jeff Killip DOSH [phone]	TBD	TBD	TBD	Put respirator requirements for the controlled negative pressure REDON fit testing protocol into the agriculture rule.
296-901	Globally harmonized system (GHS) for hazard communication - PHASE 2.	Beverly Clark DOSH [phone]	5/21/13 WSR 13-11-109	TBD - Fall 2013	TBD - Winter 2013	Align over thirty WACs with GHS and incorporate additional OSHA rule changes made on February 8, 2013. Phase 2 of 2.
DIVISION: FIELD SERVICES AND PUBLIC SAFETY
296-46B	Electrical safety standards, administration, and installation.	Sally Elliott Field Services and Public Safety [phone]	5/21/13 WSR 13-11-126	TBD	TBD	Amend language in chapter 296-46B WAC, regarding scope of work requirements for load bank testing.
296-46B	Electrical safety standards, administration, and installation.	Sally Elliott Field Services and Public Safety [phone]	9/17/13	2/2014	5/2014	Adopt the 2014 national electrical code to ensure that rules are consistent with the national consensus standards and industry practice.
296-96	Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances.	Sally Elliott Field Services and Public Safety [phone]	11/20/12 WSR 12-23-075	8/20/13	11/5/13	. 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.
296-150M	Manufactured homes.	Sally Elliott Field Services and Public Safety [phone]	10/13	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.	Sally Elliott Fraud Prevention and Labor Standards [phone]	10/13	TBD	TBD	Make the final rule changes in response to the federal review to align the department's rules with the federal rules.
296-127	Prevailing wage.	Sally Elliott Fraud Prevention and Labor Standards [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.	Sally Elliott Fraud Prevention and Labor Standards [phone]	9/13	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.	Sally Elliott Fraud Prevention and Labor Standards [phone]	9/13	TBD	TBD	Adopt 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 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.
296-200A	Contractor certificate of registration renewals-Security-Insurance.	Sally Elliott Fraud Prevention and Labor Standards [phone]	TBD	TBD	TBD	Make housekeeping changes and update language for clarity and consistency with industry practices.
296-400A	Plumber certification rules.	Sally Elliott 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	2014 workers' compensation premium rates.	Jo Anne Attwood Employer Services 902-4777	6/19/13 WSR 13-13-062	9/17/13	11/30/13	Set rates for 2014 workers' compensation insurance.
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.
296-17A	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	Independent contractors reporting.	Colleen Nelson Employer Services 902-4773	TBD	TBD	TBD	Clarify RCWs defining independent contractors.
296-17	Multiple classifications reporting.	Colleen Nelson Employer Services 902-4773	TBD	TBD	TBD	Clarify existing rules on when employers qualify for multiple basic classifications.
296-17B	Retrospective rating.	Diane Doherty Retrospective Rating 902-5903	4/30/13 WSR 13-10-066	8/20/13	11/15/13	Address extending requirements for businesses that enroll in individual retro plans and revising enrollment requirements for businesses under common majority ownership.
296-17A	Classifications for entertainers.	Patti Phillips Employer Services 902-4723	TBD	TBD	TBD	TBD
296-17A	Classifications for agriculture and reforestation.	Karen Chamberlain Employer Services 902-4772	TBD	TBD	TBD	Reformat classifications for clarity.
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	February 2014	April 2014	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 - INTEGRATED CLAIMS SERVICES
296-14	Industrial insurance-Confidentiality of workers' compensation claim files.	Mark Rosen Integrated Claims Services (360) 902- 6570	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	Industrial insurance-Definition of temporary partial disability (loss of earning power).	Mark Rosen Integrated Claims Services (360) 902- 6570	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	Industrial insurance-Pension discount rates and mortality assumptions.	Mark Rosen Integrated Claims Services (360) 902- 6570	6/20/01 WSR 01-13-096	TBD	TBD	Update the mortality assumptions used to determine pension reserves and actuarial benefit reductions.
296-14	Industrial insurance-Wages.	Mark Rosen Integrated Claims Services (360) 902- 6570	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	Industrial insurance-Suppressing workers' compensation claims.	Mark Rosen Integrated Claims Services (360) 902- 6570	6/5/07 WSR 07-12-079	TBD	TBD	Define, under RCW 51.28.010 and 51.28.025 (2007 SSB 5443), "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	Self-insurance-Housekeeping changes.	Ginny Klapstein Self-Insurance [phone]	8/20/08 WSR 08-17-117	TBD	TBD	Review chapter 296-15 WAC for any corrections and to ensure consistency with statute. Affected rules will also be rewritten using plain language.
296-15	Self-insurance-Certified claims administrators and continuing education requirements.	Ginny Klapstein Self-Insurance [phone]	3/19/13 WSR 13-07-060	August 2013	TBD	Define the term "certified claims administrator" and reclassify some continuing education credits to a "general education" category.

Suchi Sharma

Rules Coordinator