WSR 05-24-084

AGENDA

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed December 6, 2005, 9:35 a.m. ]

     In accordance with RCW 34.05.314 following is the Department of Labor and Industries' Semi-annual Rules Development Agenda for January 1, 2006 - July 31, 2006.

     Please contact Carmen Moore at (360) 902-4206 or e-mail at moog235@lni.wa.gov, if you have any questions.


The Department of Labor and Industries Semi-annual Rules Development Agenda (January 1 - July 31, 2006)


WAC CHAPTER TITLE AGENCY CONTACT PROPOSED TIMELINE DESCRIPTION OF CHANGES
CR-101 CR-102 CR-103
DIVISION: INSURANCE SERVICES (WORKERS' COMPENSATION)
Chapter 296-14 WAC Industrial insurance -- Mortality assumptions Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

6/20/01 To be determined To be determined This rule making will provide updates to mortality assumptions used to determine pension reserves and actuarial benefit reductions.
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

4/2006 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 296-14 WAC Industrial insurance -- Confidentiality of worker's compensation claim files Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

11/6/04 12/2005 4/2006 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 -- Definitions Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

5/3/05 To be determined To be determined 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 -- Residence modification Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

5/3/05 11/1/05 2/27/06 This rule making will implement the provisions of chapter 411, Laws of 2005 (EHB 2185), by establishing guidelines and processes for providing residence modification benefits to workers who have sustained catastrophic injury.
Chapter 296-19A WAC Vocational rehabilitation Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

9/20/05 To be determined To be determined This rule making may include amendments pertaining to forensic services and other issues as appropriate.
Chapter 296-14 WAC Industrial insurance -- Pension discount rates Valerie Grimm

Policy and Quality Coordination

(360) 902-5005

1/3/06 To be determined To be determined This rule making will amend the pension discount rate used to determine pension reserves.
Chapter 296-17 WAC 2006 Worker's compensation premium rates Tammy Turner

Employer Services

(360) 902-4777

5/2006 9/2006 11/2006 This rule making will adjust classification rates to reflect appropriate risk costs.
Chapter 296-17 WAC Reciprocal agreements Tammy Turner

Employer Services

(360) 902-4777

1/17/06 To be determined To be determined This rule making will update reciprocal agreements with Oregon and Idaho and possibly other states.
Chapter 296-17 WAC Classification descriptions Bill Moomau

Employer Services

(306) 902-4774

1/17/06 3/22/06 5/23/06 This rule making proposes to revise classifications descriptions to reflect industry changes.
Chapter 296-17 WAC Classification rules -- Farm labor contractor Bill Moomau

Employer Services

(360) 902-4774

12/6/05 2/1/06 4/4/06 This rule making will amend classification descriptions to reflect industry changes and accommodate farm labor contractor provisions.
Chapter 296-17 WAC Retrospective rating program rules Diane Doherty

Retrospective Rating

(360) 902-4835

11/3/04 4/2006 8/2006 L&I may engage in rule making to clarify existing retro rules such as reenrollment of businesses grandfathered in a specific group, enrollment requirement of all like businesses, change in due dates, and revision of applications and agreement forms.
Chapter 296-20 WAC Medical aid rules Jami Lifka

Office of the Medical Director

(360) 902-4941

N/A To be determined Expedited Rule CR-105 To be determined This expedited rule making will make housekeeping changes, primarily correcting references to WAC numbers.
Chapter 296-20 WAC Medical aid rules Jami Lifka

Office of the Medical Director

(360) 902-4941

12/20/05 2/14/06 4/18/06 L&I is reviewing the need for additional rules or rule changes to provide specificity concerning treatments and devices that are or are not covered for injured workers.
Chapter 296-20 WAC Medical aid rules -- What general limitations are in place for medications? Jaymie Mai

Office of the Medical Director

(360) 902-6792

To be determined To be determined To be determined This rule making will clarify that all pharmacy bills will receive drug utilization review (DUR) screening for potential drug therapy problems and allow injured workers to seek NCPDP override codes from pharmacy for medically appropriate fill.
WAC 296-20-135 Conversion factors Tom Davis

Health Services Analysis

(360) 902-6687

12/20/05 2/14/06 4/18/06 This rule making will update the conversion factors used by the department for 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

12/20/05 2/14/06 4/18/06 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

12/20/05 2/14/06 4/18/06 Update the maximum daily reimbursement level for occupational therapy services so the department may, if necessary, give cost-of-living increases to affected providers.
Chapter 296-23A WAC Hospital payment policy Dee Hahn

Health Services Analysis

(360) 902-6828

N/A 1/3/06

Expedited Rule CR-105

3/7/06 L&I pays hospital inpatient and outpatient claims by grouping hospitals into "peer groups," which are defined in the Department of Health's (DOH) Washington Administrative Codes. Effective July 1, 2005, DOH will no longer use peer groups. This rule making will amend L&I's rules which refer to these peer groups.
Chapter 296-15 WAC Housekeeping and clarifying self-insured employers responsibilities Margaret Conley

Self Insurance

(360) 902-6906

7/24/02 11/22/05 2/28/05 This rule making will make housekeeping and clarification changes and new sections will be added clarifying the responsibilities of self-insured employers.
Chapter 296-15 WAC Defining "default" and "financial watch" in the workers' compensation self-insurance rules and regulations Margaret Conley

Self Insurance

(360) 902-6906

11/22/05 1/17/06 3/21/06 In response to a request from the self-insured community, this rule making will define the term "default" and the steps it will take when a "default" occurs. The definition of "financial watch" and factors which affect it will also be defined.
Chapter 296-15 WAC Claim administrator certification and continuing education requirements in the workers' compensation self-insurance rules and regulations Margaret Conley

Self Insurance

(360) 902-6906

4/2006 Fall 2006 To be determined In response to a request from the self-insured community, this rule making will address claim administrator certification and continuing education requirements for self-insured claim administrators.
Chapter 296-15 WAC Electronic claim data in the workers' compensation self-insurance rules and regulations Margaret Conley

Self Insurance

(360) 902-6906

9/2006 12/2007 Spring 2008 Pursuant to chapter 145, Laws of 2005 (SHB 1310), the department will implement rules to enable self-insured employers to provide claim data electronically by July 1, 2008.
DIVISION: WASHINGTON INDUSTRIAL SAFETY AND HEALTH (WISHA)
Chapter 296-24 WAC, General safety and health standards Abrasive blasting Cindy Ireland

(360) 902-5522 Kimberly Johnson

(360) 902-5008

11/22/05 3/21/06 7/5/06 The abrasive blasting rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Cranes Cindy Ireland

(360) 902-5522 Kimberly Johnson

(360) 902-5008

7/20/04 3/21/06 6/2006 The crane rules are being rewritten and organized for clarity and ease of use. These rules will also be updated to reflect current American National Standards Institute (ANSI) requirements. The project will include bridge style, mobile, tower/portal, personnel lifting, hoists, and derricks.
Chapter 296-24 WAC, General safety and health standards Elevated platforms Jim Hughes

(360) 902-4504 Kimberly Johnson

(360) 902-5008

8/16/05 2/15/06 4/19/06 The powered platform rules are being rewritten and organized for clarity and ease of use, and split into two separate rules: Elevated platforms and powered platforms.
Chapter 296-24 WAC, General safety and health standards Fire brigades Cindy Ireland

(360) 902-5522 Kimberly Johnson

(360) 902-5008

5/31/05 9/20/05 12/20/05 The fire brigade rules are being rewritten and organized for clarity and ease of use, and split into two separate rules: Fire brigades and fire protection.
Chapter 296-24 WAC, General safety and health standards Fire protection Cindy Ireland

(360) 902-5522 Kimberly Johnson

(360) 902-5008

5/3/05 1/17/06 4/17/06 The fire protection rules are being rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards Fixed ladders Cindy Ireland

(360) 902-5522 Kimberly Johnson

(360) 902-5008

12/6/05 3/21/06 6/06 The fixed ladders rules are being rewritten and organized for clarify and ease of use.
Chapter 296-24 WAC, General safety and health standards Powered platforms Jim Hughes

(360) 902-4504 Kimberly Johnson

(360) 902-5008

To be determined To be determined To be determined The powered platform rules are being rewritten and organized for clarity and ease of use, and split into two separate rules: Powered platforms and elevated platforms.
Chapter 296-24 WAC, General safety and health standards and chapter 296-155 WAC, Safety standards for construction Protecting employees from falls Beverly Clark

(360) 902-5516 Kimberly Johnson

(360) 902-5008

3/23/04 3/2006 6/2006 The rules for providing protection from falls in both general industry and construction are being combined, rewritten and organized for clarity and ease of use.
Chapter 296-24 WAC, General safety and health standards and chapter 296-155 WAC, Safety standards for construction Rigging Kimberly Johnson

(360) 902-5008

2/17/04 3/2006 6/2006 The rigging rules are being rewritten and organized for clarity and ease of use. Requirements from both general industry and construction are being combined into one rule and updated to the current American National Standards Institute (ANSI).
Chapter 296-52 WAC, Explosives, and chapter 296-59 WAC, Safety standards for ski area facilities and operations Avalanche control Beverly Clark

(360) 902-5516

Kimberly Johnson

(360) 902-5008

11/22/05 3/21/06 7/06 The requirements for avalanche control are being removed from the ski facility standards and placed into the explosives standard.
Chapter 296-62 WAC, General occupational health standards Anhydrous ammonia Beverly Clark

(360) 902-5516

Kimberly Johnson

(360) 902-5008

2/15/05 1/17/06 3/28/06 The anhydrous ammonia rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Formaldehyde Carol Stevenson

(360) 902-4568

Kimberly Johnson

(360) 902-4778

4/19/05 11/22/05 4/4/06 The formaldehyde rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Hazardous chemicals in labs Kimberly Johnson

(360) 902-5008

5/24/05 10/18/05 12/20/05 The carcinogens and lab rules are being rewritten and organized for clarity and ease of use.
Chapter 296-62 WAC, General occupational health standards Heat stress Jamie Scibelli

(360) 902-4568

Kimberly Johnson

(360) 902-5008

11/29/05 5/3/06 5/3/06 The heat stress rule is a new rule to address working under certain temperature and humidity conditions that could cause heat related illness or death. This rule will be called the physical health hazards rule and will include the current requirements in chapter 296-62 WAC for working in a cold environment indoors.
Chapter 296-62 WAC, General occupational health standards and chapter 296-155 WAC, Safety standards for construction Lead Jamie Scibelli

(360) 902-4568

Kimberly Johnson

(360) 902-5008

12/21/04 1/17/06 7/06 The lead rules from general industry and construction are being combined, rewritten and organized for clarity and ease of use.
Chapter 296-350 WAC, WISHA administrative rules and chapter 296-800 WAC, Safety and health core rules Administrative rules Jim Hughes

(360) 902-4504

Kimberly Johnson

(360) 902-5008

5/3/05 11/22/05 2/07/06 The administrative rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
Chapter 296-800 WAC, Safety and health core rules Exit routes Kimberly Johnson

(360) 902-5008

11/4/03 To be determined To be determined The exit route rules are being updated in order to make the rules at-least-as-effective-as the federal rule.
DIVISION: SPECIALTY COMPLIANCE SERVICES
Chapter 296-46B WAC Electrical Sally Elliott

(360) 902-6411

6/21/05 12/6/05 2/7/06 The department plans to review the electrical rule for additions or revisions. The department developed an advisory committee to review suggested changes from the electrical industry and will propose rules as a result.
Chapter 296-96 WAC Elevators Sally Elliott

(360) 902-6411

11/23/04 To be determined To be determined As a result of the new licensing requirements for elevator contractor and elevator mechanics, the department is working with stakeholders to identify areas where the rule needs substantive, housekeeping, and clarifying changes.
Chapter 296-104 WAC Board of boiler rules Sally Elliott

(360) 902-6411

12/7/05 4/4/06 5/30/06 The purpose of this rule making is to review the fees for possible changes.
Chapter 296-104 WAC Board of boiler rules Sally Elliott

(360) 902-6411

2/14/06 To be determined To be determined The purpose of this rule making is to clarify the rule and to make technical changes.
Chapter 296-125 WAC Nonagricultural employment of minors Sally Elliott

(360) 902-6411

9/19/01 To be determined To be determined The purpose of this rule making is to review these rules for possible changes to ensure conformity with federal laws pertaining to employment of minors where those laws are more restrictive. We will also integrate administrative policies into the rule.
Chapter 296-126 WAC Standards of labor for the protection of the safety, health and welfare of employees for all occupations subject to chapter 49.12 RCW Sally Elliott

(360) 902-6411

9/20/05 To be determined To be determined The purpose of this rule making is to integrate administrative policies into the rule.
Chapter 296-127 WAC Prevailing wage Sally Elliott

(360) 902-6411

7/19/00 To be determined To be determined The purpose of this rule making is to make substantive changes to the scope of work description rules that were adopted July 19, 2000, (WSR 00-15-077) with the assistance of an advisory committee.
Chapter 296-128 WAC Minimum wages Sally Elliott

(360) 902-6411

9/20/05 To be determined To be determined The purpose of this rule making is to integrate administrative policies into the rule.
Chapter 296-130 WAC Family care Sally Elliott

(360) 902-6411

6/21/05 12/6/05 1/31/06 As a result of section 2, chapter 243, Laws of 2005 (SSB 5850), which passed the 2005 legislature; the department is updating the definition of sick leave to be consistent with the statute.
Chapter 296-131 WAC Agricultural employment standards Sally Elliott

(360) 902-6411

9/20/05 To be determined To be determined The purpose of this rule making is to integrate administrative policies into the rule.
Chapters 296-46B, 296-96, 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

12/6/05 2/14/06 5/2/05 The purpose of this rule making is to review the fees for possible changes.
DIVISION: WASHINGTON INDUSTRIAL SAFETY AND HEALTH (WISHA)
Chapters 296-08, 296-14 WAC Practice and procedure, Industrial insurance Joseph Molenda

(360) 902-4714

N/A Expedited Rule CR-105      1/24/06 This rule making will repeal chapter 296-08 WAC, Practice and procedure. However, WAC 296-08-025 Attorney's fees, will be incorporated into existing chapter 296-14 WAC, Industrial insurance.

Carmen Moore

Rules Coordinator