AGENDA
LABOR AND INDUSTRIES
Please contact Judy Schurke at (360) 902-6805 or e-mail Josh Swanson at swaj235@lni.wa.gov, if you have any questions.
January 2008 - June 2008
| WAC CHAPTER |
TITLE | AGENCY CONTACT |
PROPOSED TIMELINE |
DESCRIPTION OF CHANGES | ||
| CR-101 | CR-102 | CR-103 | ||||
| DIVISION: Division of Occupational Safety and Health (DOSH) | ||||||
| Chapter 296-155 WAC | Construction cranes, certification of cranes, crane inspectors, and crane operators | Cindy Ireland (360) 902-5522 |
7/17/07 | To be determined | To be determined | The department is required by ESHB 2171 (chapter 49.17 RCW) to establish rules for the certification of cranes, accreditation of crane inspectors, certification of crane operators and rules pertaining to cranes in the construction industry. |
| Chapters 296-24, 296-45, 296-155, 296-305, 296-307, and 296-800 WAC | Fall protection | Jamie Scibelli (360) 902-4568 |
4/4/06 | To be determined | To be determined | We are reviewing language and combining two parts of the construction rule for clarity and ease of use. |
| Chapter 296-305 WAC | Fire fighting | Cindy Ireland (360) 902-5522 |
To be determined | To be determined | To be determined | We are reviewing the fire fighting rules, updating, and rewriting the rules for clarity, ease of use, and understanding. |
| Chapter 296-800 WAC | Hazard communications | Carol Stevenson (360) 902-4778 |
To be determined | To be determined | To be determined | We are reviewing the language in the core rules along with other DOSH rules concerning hazard communications to update language for consistency with industry standards and federal requirements. |
| Chapter 296-817 WAC | Hearing loss | Kim Johnson (360) 902-5008 |
2/6/07 | To be determined | To be determined | We are reviewing language in the hearing loss prevention (noise) rule, to clarify technical requirements and update language for consistency with industry standards. |
| Chapter 296-62 WAC | Heat related illness in the outdoor environment | Jamie Scibelli (360) 902-4568 |
12/19/06 | To be determined | To be determined | DOSH filed an emergency rule for heat related illness in the outdoor environment on June 5, 2007. We are working on a permanent rule. |
| Chapters 296-27, 296-37, 296-78, 296-305, 296-307, and 296-800 WAC | Hospitalization | Kim Johnson (360) 902-5008 |
10/2/07 | 12/4/07 | 2/08 | We are making the rules for reporting hospitalization consistent throughout all industries. |
| Chapters 296-24 and 296-155 WAC | Rigging | Cindy Ireland (360) 902-5522 |
2/17/04 | To be determined | To be determined | We are reviewing the rigging rules, updating, and rewriting the rules for clarity, ease of use, and understanding. |
| Chapter 296-900 WAC | Safety and health investments project | Jill Saibel (360) 902-4519 |
7/5/07 | 10/23/07 | 1/8/08 | This rule making is in response to a legislative budget item enacted in 2007 mandating that L&I establish a safety and health investment/grant program through rule making for employers and employees covered by the medical aid fund regarding worker safety programs. |
| DIVISION: Specialty Compliance Services | ||||||
| Chapter 296-05 WAC | Apprenticeship rules | Sally Elliott (360) 902-6411 |
9/18/07 | To be determined | To be determined | The purpose of this rule making is to create provisional approval for new apprenticeship programs. The department will work with stakeholders to develop language and to review the rules for additional changes. |
| Chapter 296-46B WAC | Electrical | Sally Elliott (360) 902-6411 |
11/20/07 | 1/22/08 | 3/18/07 | The primary purpose of the rule making is to amend language in WAC 296-46B-995, regarding appeals. The electrical program has been challenged on two appeals within the last month on this issue. The amendment will move the burden of proof from the appellant to the department for appeals heard before the office of administrative hearings (OAH) or directly by the electrical board. If there is an appeal from an OAH decision, the party aggrieved is responsible for the burden of proof. The department is also reviewing the rules for other changes that may be needed. |
| Chapter 296-104 WAC | Board of boiler rules | Sally Elliott (360) 902-6411 |
1/22/08 | To be determined | To be determined | The purpose of this rule
making is to make
clarification and technical
changes to the Board of boiler
rules -- Substantive (chapter 296-104 WAC) based on
actions and requests of the
board of boiler rules. The rule
making will: • Make clarifications concerning the state of Washington's requirements for both the state and the National Board Boiler Inspector examinations; • Allow boilers in an accredited owner/user inspection program extended frequencies between internal inspections; and • Include installation options for boiler fuel trains for ease of compliance without compromising safety. |
| Chapter 296-127 WAC | Electronic technician | Sally Elliott (360) 902-6411 |
5/2/06 | To be determined | To be determined | This rule making will amend the scope of work definition for electronic technicians. The department will work with stakeholders throughout the rule-making process. |
| Chapter 296-150M WAC | Manufactured homes | Sally Elliott (360) 902-6411 |
5/22/07 | 1/2/08 | 3/18/08 | This rule making is a result [of] SHB 2118, which passed the 2007 legislature. This bill transfers the mobile and manufactured home installation program and the state administrative agency (SAA) programs from the department of community, trade and economic development to the department of labor and industries. |
| Chapter 296-150M WAC | Manufactured homes | Sally Elliott (360) 902-6411 |
Not applicable | Expedited 11/6/07 |
1/22/08 | The purpose of this rule making is to correct inconsistency between the factory assembled structure (FAS) statute and rules. RCW 43.22.435 (2)(a) outlines the information that is needed before the department can issue a "notice of correction." This requirement was also adopted into WAC 296-150M-0815, however, the rules refer to the "notice of correction" as a "notice of infraction." The department will amend the rules to be consistent with the FAS statute. |
| Chapter 296-400A WAC | Contractor certificate of registration | Sally Elliott (360) 902-6411 |
5/22/07 | 1/22/08 | 4/1/08 | This rule making is a result [of] SHB 1843, which passed the 2007 legislature. This rule making is needed to implement the new changes. Additional changes are also being considered to ensure the rules are consistent with industry practice and to make other necessary changes. |
| Chapters 296-96, 296-104, 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, 296-150T, 296-150V, 296-200A, and 296-400A WAC | Annual fee increase for specialty compliance services programs | Sally Elliott (360) 902-6411 |
1/22/08 | 3/19/08 | 5/21/08 | The purpose of this rule making is to review the fees for possible changes. |
| DIVISION: Insurance Services (Workers' Compensation, Employer Services. Health Services Analysis, etc.) | ||||||
| Chapters
296-19A
and 296-15
WAC There may also be changes to |
Vocational rehabilitation | Valerie Grimm Policy and Quality Coordination (360) 902-5005 |
5/22/07 | 12/18/07 | 2/29/08 | The proposed rules will assist in the implementation of chapter 72, Laws of 2007 (ESSB 5920). To implement the pilot program for vocational rehabilitation services, this rule making will include new rules and may include amendments of existing rules. |
| Chapters 296-14 and 296-15 WAC | Industrial insurance -- Suppressing workers' compensation claims | Valerie Grimm Policy and Quality Coordination (360) 902-5005 |
6/5/07 | 2/6/08 | 4/22/08 | The proposed rules will assist
in the implementation of
chapter 77, Laws of 2007
(SSB 5443). The proposed
rule making will: • Define bona fide workplace safety and 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. |
| Chapter 296-14 WAC |
Industrial insurance -- Wages | Suzy Campbell Policy and Quality Coordination (360) 902-4583 |
9/18/07 | 1/23/08 | May 2008 | This rule making will amend existing rules for consistency with chapter 297, Laws of 2007 (SHB 1244). A new rule will be added to clarify when the value of health care benefits is included in determining the worker's monthly wage. |
| Chapter 296-14 WAC |
Industrial insurance -- Confidentiality of worker's compensation claim files | Valerie Grimm Policy and Quality Coordination (360) 902-5005 |
11/6/04 | 2/20/08 | 4/28/08 | This rule making will define the responsibility of employers, workers, and other parties who have access to worker's compensation claim files for confidentiality and release of claim information. |
| Chapter 296-14 WAC |
Industrial
insurance -- Pension discount rates and mortality assumptions |
Valerie Grimm Policy and Quality Coordination (360) 902-5005 |
6/20/01 | March 2008 | May 2008 | This rule making will update the mortality assumptions used to determine pension reserves and actuarial benefit reductions. |
| Chapter 296-14 WAC |
Industrial insurance -- Definitions | Valerie Grimm Policy and Quality Coordination (360) 902-5005 |
5/3/05 | June 2008 | June 2008 | This rule making will define terms used in chapter 296-14 WAC and move definitions currently in chapter 296-20 WAC to chapter 296-14 WAC. The rule making will amend the definition of temporary partial disability. This rule making will impact crime victims' compensation. |
| Chapter 296-14 WAC |
Industrial insurance -- Worker employment patterns | Valerie Grimm Policy and Quality Coordination (360) 902-5005 |
8/21/02 | To be determined | To be determined | This rule making will provide clarification on how to determine a worker's employment pattern at the time of injury or on the date of disease manifestation for the purpose of calculating the worker's wage. This rule will impact crime victims' compensation. |
| Chapter 296-14 WAC |
Industrial insurance--Transitional/light duty job | Valerie Grimm Policy and Quality Coordination (360) 902-5005 |
03/04 2008 | To be determined | To be determined | This rule making will provide
clarification on: • The required elements of a valid transitional/light duty job offered from the employer of record. • What is expected of the employer and worker? • How to determine a worker's entitlement to time-loss compensation and loss of earning power benefits when a transitional/light duty job is offered. |
| Chapter 296-17A WAC | Classifications | Jo Anne Smith/ Bill Moomau (360) 902-4774 |
2/20/08 | 4/4/08 | 5/30/08 | The purpose of this rule making is to review existing industrial insurance classifications for possible changes. |
| Chapter 296-17 WAC | Dividends | Jo Anne Smith/ Bill Moomau (360) 902-4774 |
2/20/08 | 4/4/08 | 5/30/08 | The purpose of this rule making is to make changes related to industrial insurance dividends for nonretrospective rating employers in response to the medical-aid rate holiday of 2007. |
| Chapter 296-17A WAC | Gravel yard rule-making petition | Jo Anne Smith/ Bill Moomau (360) 902-4774 |
8/24/07 | 1/22/08 | 5/27/08 | The purpose of this rule making is to review and possibly move industrial insurance classification 5206 to construction classification 1102 as a result of a rule-making petition. |
| Chapter 296-17 WAC | Industrial insurance rates | Jo Anne Smith/ Bill Moomau (360) 902-4774 |
7/2/08 | 9/3/08 | 11/18/08 | The purpose of this rule making is to review industrial insurance rates for possible changes. |
| Chapters 296-17 and 296-17A WAC | Drywall rules and classes | Jo Anne Smith/ Bill Moomau (360) 902-4774 |
10/1/07 | 4/2/08 | 5/20/08 | The purpose of this rule making is to review and possibly make changes to drywall reporting rules and classifications in response to suggestions of the drywall advisory committee. |
| WAC 296-20-135 | Conversion factors | Tom Davis Health Services Analysis (360) 902-6687 |
12/18/07 | 2/19/08 | 4/22/08 | The purpose of this rule making is to review and update the conversion factors used by the department in calculating reimbursement rates for most professional health care and anesthesia services. |
| WAC 296-23-220 | Physical therapy rules | Tom Davis Health Services Analysis (360) 902-6687 |
12/18/07 | 2/19/08 | 4/22/08 | The purpose of this rule making is to review and possibly update the maximum daily reimbursement level for physical therapy services so the department may, if necessary, give cost-of-living increases to affected providers. |
| WAC 296-23-230 | Occupational therapy rules -- Maximum daily reimbursement | Tom Davis Health Services Analysis (360) 902-6687 |
12/18/07 | 2/19/08 | 4/22/08 | The purpose of this rule making is to review and possibly update the maximum daily reimbursement level for occupational therapy services so the department may, if necessary, give cost-of-living increases to affected providers. |
| WAC 296-23-250 | Massage therapy rules | Tom Davis Health Services Analysis (360) 902-6687 |
12/18/07 | 2/19/08 | 4/22/08 | The purpose of this rule making is to review and possibly establish a separate maximum daily reimbursement level for massage therapy. |
| Chapter 296-23 WAC | Advanced registered nurse practitioners (ARNPs) | Jami Lifka (360) 902-4941 |
1/22/08 | This rule making is in response to HB 1666 from the 2007 legislature relating to what procedures and reports ARNPs can do as attending providers. | ||
| Chapter 296-20 WAC | Physicians assistants (PAs) | Jami Lifka (360) 902-4941 |
1/22/08 | This rule making is in response to HB 1722 from the 2007 legislature relating to what forms that PAs can sign. Also, adopts the new terms "attending provider” and "treating provider." | ||
| Chapter 296-20 WAC | Industrial insurance medical advisory committee | Jami Lifka (360) 902-4941 |
This rule making is in response to ESHB [ESSB] 5290 from the 2007 legislature relating to the establishment of an industrial insurance medical advisory committee. These rules provide the administrative details for the committee. | |||
| Chapter 296-20 WAC | Industrial insurance chiropractic advisory committee | Jami Lifka (360) 902-4941 |
This rule making is in response to ESHB [ESSB] 5290 from the 2007 legislature relating to the chiropractic advisory committee. These rules provide the administrative details for the committee. | |||
Josh Swanson
Legislative Liaison/
Rules Coordinator