296-30

296-31

296-33

Crime victims compensation (CVC)

Maty Brimmer

Crime Victims

360-902-6707

Linda Messick

Crime Victims

360-902-5374

TBD

TBD

TBD

This rule making pertains to the administration of the CVC program, mental health treatment rules and fees, and attendant services. This rule making will consider adopting some rules from chapters 296-14, 296-20, 296-21, 296-23, 296-23A, and 296-23B WAC.

296-36

296-155

Part Q

Compressed air (tunnels)

Chris Miller

DOSH Standards Program

360-902-5516

9/18/12

TBD

TBD

This rule making is in response to petitions and other requests from labor and business industry stakeholders to update the compressed air work requirements in chapters 296-36 and 296-155 WAC, Part Q.

296-62

296-155

Lead

Chris Miller

DOSH Standards Program

360-902-5516

4/19/16

Spring 2020

TBD

This rule making is in response to a petition and a series of stakeholder meetings. This rule making was initiated to update existing lead standards in both general industry and construction in light of increasing evidence of the hazards associated with occupational lead exposure.

296-27

Recordkeeping and reporting, Phase 3

Chris Miller

DOSH Standards Program

360-902-5516

8/2/16

4/30/19

8/20/19

This rule making is in response to Occupational Safety and Health Administration (OSHA) publishing changes to section C.F.R. 1904.35, Employee Involvement, which left some of our rules not as effective. Housekeeping amendments were also proposed.

296-307

Worker protection standard (pesticides)

Chris Miller

DOSH Standards Program

360-902-5516

11/22/16

6/18/19

10/22/19

This rule making is in response to federal Environmental Protection Agency worker protection standard updates. The department is coordinating the adoption of the rules with the Washington state department of agriculture.

296-307

(removing

296-45)

eRules reformatting,

Phase 10

Chris Miller

DOSH Standards Program

360-902-5516

1/3/17

TBD

TBD

This rule making is the tenth filing package to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access. Note that amendments to chapter 296-45 WAC will be removed from this rule making at the proposed rule making (CR-102) stage, as they were included in rule making adopted on June 18, 2019, under WSR 19-13-083.

296-67

Process safety management (PSM) of highly hazardous chemicals for petroleum refineries

Chris Miller

DOSH Standards Program

360-902-5516

8/22/17

October 2019

TBD

This rule making addresses the PSM requirements specific to petrochemical refining facilities. The current rules are outdated, not having been updated in over twenty years and do not reflect current industry practices.

296-65

Safety standards for asbestos removal and encapsulation

Chris Miller

DOSH Standards Program

360-902-5516

1/2/18

TBD

TBD

The purpose of this rule making is to update the requirements regarding asbestos removal and encapsulation. This rule making intends to remove confusing and unnecessary language, as well as add clarification where necessary throughout the rule. Some requirements that may have updates include: Certification and testing requirements; when refresher training is required; and when temporary certificates can be issued.

296-52

Safety standards for possession, handling, and use of explosives

Chris Miller

DOSH Standards Program

360-902-5516

1/23/18

January - February 2020

TBD

In order to reflect technological advancements in explosives over the past ten to thirty years, and better align with federal regulations, the department is updating the safety standards for possession, handling, and use of explosives. Focus areas will likely include definitions, licensing, storage, background check requirements, public disclosure, and transportation, among other sections.

296-155

Crane incident reporting requirement

Chris Miller

DOSH Standards Program

360-902-5516

3/20/18

TBD

TBD

The purpose of this rule making is to provide clarity on the department's interpretation of requirements relating to crane decertification and reinstatement. This rule making intends to address what activities are covered, and will clearly state that damage to critical parts of the crane would require notification, rather than just implying it. This rule making will include additional housekeeping changes as well.

296-155

Part S

Demolition standards

Chris Miller

DOSH Standards Program

360-902-5516

7/5/18

November - December 2019

TBD

The purpose of this rule making is to update the requirements regarding demolition standards. The department is initiating this rule making to remove confusing and unnecessary language, as well as add clarification where necessary throughout the rule to improve safety. Other updates and housekeeping changes may also be made throughout the chapter.

296-24

Walking working surfaces

Chris Miller

DOSH Standards Program

360-902-5516

2/19/19

November - December 2019

TBD

The purpose of this rule making is to address the requirements in chapter 296-24 WAC, General safety and health standards, Part J-1, walking-working surfaces. The department initiated this rule making to align with possible new language under the plan to adopt a single unified fall protection chapter and to be at-least-as-effective-as OSHA C.F.R. 1910.

296-155

296-24

296-800

(other chapters that reference the requirements may be updated to align with the changes)

Unified fall protection

Chris Miller

DOSH Standards Program

360-902-5516

2/19/19

January - February 2020

TBD

This rule making is in response to OSHA updates made in November 2016. Stakeholders requested the department create a single unified fall protection standard that applies to all industries statewide. This rule making will amend the department's rules to make them at-least-as-effective-as OSHA.

296-155

Part O

Safety standards for reinforcing steel and posttensioning activities

Chris Miller

DOSH Standards Program

360-902-5516

3/5/19

January - February 2020

TBD

This rule making is in response to a petition received to adopt new safety standards for reinforcing steel and post-tensioning activities for iron workers, specifically standards contained in the newly revised 2018 - ANSI A10.9 (2013) Standard, Safety Requirements for Concrete and Masonry Work.

296-32

eRules reformatting, Phase 11

Chris Miller

DOSH Standards Program

360-902-5516

8/6/19

TBD

TBD

This rule making is the eleventh filing package to reformat all DOSH rules for easier use, clearer understanding, and greater stakeholder access.

296-800

Adult entertainer safety

Chris Miller

DOSH Standards Program

360-902-5516

TBD

TBD

TBD

Rule making will make required changes made by HB 1756 for adult entertainer safety in the accident prevention plan and other measures.

296-840

Respirable crystalline silica (agriculture)

Chris Miller

DOSH Standards Program

360-902-5516

TBD

TBD

TBD

The purpose of this rule making is to clarify the application of the respirable crystalline silica rules to agriculture.

269-307

Part Y

Precommercial thinning

Chris Miller

DOSH Standards Program

360-902-5516

TBD

TBD

TBD

The rule making is to consider establishing minimum safety standards for precommercial thinning in agriculture.

296-155

Crane operator qualification in construction

Chris Miller

DOSH Standards Program

360-902-5516

TBD

TBD

TBD

This rule making [is] in response to OSHA updating rules for crane operator licensing/certification requirements and establishing minimum requirements for determining operator competency.

296-305

296-803

296-811

296-835

296-842

296-863

296-855

Change log, Phase 5

Chris Miller

DOSH Standards Program

360-902-5516

TBD

(CR-105)

TBD

TBD

The rule making will consider amendments to correct outstanding housekeeping issues, such as correcting typos and updating old references, which are on the DOSH change log.

296-96

Elevator rules (American Society of Mechanical Engineers (ASME) A17.3)

Alicia Curry

Field Services and Public

Safety

360-902-6244

8/31/18

4/16/19

7/23/19

The purpose of this rule making is to adopt additional requirements from the 2015 ASME A17.3 safety codes for existing elevators and escalators.

296-46B

Electrical rules

Alicia Curry

Field Services and Public

Safety

360-902-6244

9/4/18

5/1/19

7/23/19

The purpose of this rule making is to update and clarify existing rules, make housekeeping changes, accept stakeholder proposals, implement new legislation, and adopt the 2020 edition of the National Fire Protection Agency (NFPA) 70, the National Electrical Code (NEC) by reference with an effective date.

296-104

Board of boiler rules

Alicia Curry

Field Services and Public

Safety

360-902-6244

1/22/19

4/2/19

7/23/19

The purpose of this rule making is to:

· Amend the definition of "places of public assembly or assembly hall" to include assisted living facilities as housing and basic services for seven or more residents;

· Require authorized inspection agencies or inspectors to submit inspection reports through the state's third party provider database. If the agency or inspector does not have access to the third party database, then reports can be submitted to L&I for processing. L&I would charge a processing fee; and

· Establish a new fee of $7 per boiler and pressure vessel for the department to process inspection reports.

296-150F

Factory-assembled structures (FAS): Factory-built housing and commercial structures

Alicia Curry

Field Services and Public

Safety

360-902-6244

7/2/19

9/3/19

11/19/19

The purpose of this rule making is to update the rules regarding factory-built housing and commercial structures, to include panelized construction. This rule making will include intent to make the rules related to E2SHB 1257, Energy efficiency, HB 1486, Delegation of authority, and SB [ESSB] 5383, Tiny homes.

296-46B

Temporary electrician permits (emergency rule making)

Alicia Curry

Field Services and Public

Safety

360-902-6244

N/A

N/A

7/3/19 Emergency

This emergency rule making provides for the issuance of reciprocal licenses and temporary permits in lieu of certificates of competency for electricians coming from another state as authorized by RCW 19.28.231.

296-96

Elevator rules

Alicia Curry

Field Services and Public

Safety

360-902-6244

8/20/19

10/1/19

12/17/19

The purpose of this rule making is to consider changes to the elevator rules. The elevator program reviewed specific sections of the elevator rules to update and clarify existing rules, make reference corrections, perform general housekeeping, and consider other rule changes.

296-150I

296-150M

FAS: Manufactured home installer training and certification program and manufactured homes

Alicia Curry

Field Services and Public

Safety

360-902-6244

8/20/19

12/17/19

3/17/20

The purpose of this rule making is to consider changes to the FAS rules that would adopt rules to comply with U.S. Housing and Urban Development (HUD) regulations. L&I also plans to review the rules to consider updates, clarification, and housekeeping changes to the rules.

296-403A

Electrical rules (amusement rides or structures)

Alicia Curry

Field Services and Public

Safety

360-902-6244

TBD

TBD

TBD

The purpose of this rule making is to consider changes to the electrical rules for amusement rides or structures. L&I plans to perform a review of the rules to update and clarify existing rules, and make housekeeping changes.

296-46B

Electrical rules

Alicia Curry

Field Services and Public

Safety

360-902-6244

TBD

TBD

TBD

The purpose of this rule making is to consider changes to the electrical rules that would adopt new safety codes from the 2020 edition of NEC. L&I is also considering updating, clarifying, and making housekeeping changes to the rules.

296-128-500 through

296-128-540

Executive administrative professional exemptions

Joshua Grice

Fraud Prevention and

  Labor Standards

360-902-5310

3/20/18

6/4/19

12/3/19

The department is proposing changes to the definitions of bona fide executive, administrative, professional and outside salespersons for the purposes of coverage under chapter 49.46 RCW, Minimum wage requirements and labor standards.

296-127

Prevailing wage

Beverly Clark

Fraud Prevention and

  Labor Standards

360-902-5310

12/18/18

6/4/19

7/23/19

The purpose of this rule making is to review prevailing wage rules for housekeeping changes in order to further clarify the language without changing the effect of any rule except where necessary to align with statute or case law. No substantive changes were proposed in this rule.

296-127

Prevailing wage landscape maintenance workers (permanent rule making)

Beverly Clark

Fraud Prevention and

  Labor Standards

360-902-5310

3/8/19

TBD

TBD

The purpose of this rule making is to permanently adopt the landscape maintenance worker scope of work. The department adopted emergency rules on March 8, 2019, effective March 11, 2019, establishing this scope as separate and unique from landscape construction (landscape laborer).

296-127

Prevailing wage landscape maintenance workers (emergency rule making)

Beverly Clark

Fraud Prevention and

  Labor Standards

360-902-5310

N/A

N/A

7/5/19 Emergency

This emergency rule making will continue emergency rule making filed on March 8, 2019, that became effective March 11 and expires [expired] on July 6, 2019. This rule making amends the prevailing wage rules in order to provide a new scope of work specific to landscape maintenance that is separate and unique from landscape construction.

296-05

Apprenticeship rules

Beverly Clark

Fraud Prevention and

  Labor Standards

360-902-5310

7/23/19

TBD

TBD

This rule making is being proposed to incorporate federally required changes to rules for equal opportunity in apprenticeship. Address changes required by HB 1849 concerning use of registered apprentices on qualifying public works construction projects (apprentice utilization requirements). Make technical corrections arising from the 2018 rule making.

New chapter

Labor standard certification for clean energy (emergency rule making)

Beverly Clark

Fraud Prevention and

  Labor Standards

360-902-5310

N/A

N/A

12/1/19 Emergency

E2SSB 5116 requires the department adopt emergency rules related to labor standard certification for certain tax exemptions for alternative energy projects.

New chapter

Labor standard certification for clean energy (permanent rule making)

Beverly Clark

Fraud Prevention and

  Labor Standards

360-902-5310

TBD

TBD

TBD

E2SSB 5116 requires the department adopt permanent rules related to labor standard certification for certain tax exemptions for alternative energy projects.

296-17A

2019 Classification amendments

James Vest

Employer Services

360-902-4799

10/2/18

6/18/19

8/20/19

The purpose of this rule making is to:

· Correct typographical and other errors (such as invalid telephone numbers and out-of-date references);

· Revise wording and formatting to make the rules easier to understand and apply; and

· Incorporate and formalize existing agency practices (such as expressly including in a risk classification employment that the department currently includes by interpretation or analogy).

296-17

296-17B

2020 Workers' compensation premium rates

Jo Anne Attwood

Employer Services

360-902-4777

6/18/19

9/17/19

November

2019

This rule making will set the rates for 2020 workers' compensation insurance.

296-17

Occupational disease date of injury

Annie Peeples

Employer Services

360-902-4723

7/23/19

9/17/19

11/19/19

The purpose of this rule making is to ensure the experience rating rule governing the date of injury for occupational disease claims is clear and equitable.

296-20

296-23

Medical aid rules update

Emily Stinson

Health Services Analysis

360-902-5974

12/18/18

TBD

TBD

The purpose of this rule making is to update payment rates for health care services, which are published annually in the medical aid rules and fee schedules.

296-14

Reopenings for benefits

Tanya Weber

Health Services Analysis

360-902-6818

5/21/19 Expedited

N/A

7/23/19

The purpose of this expedited rule making was to amend WAC 296-14-400 Reopenings for benefits, to remove the requirement that applications to reopen a workers' compensation claim must be submitted by a provider in the department's medical provider network (MPN) as a result of the state of Washington court of appeals decision (Ronald V. Ma'ae v. State of WA Dept of Labor And Industries, 2019 WL 1492822) that found the department cannot prohibit non-MPN providers from submitting reopening applications.

296-14

Presumptive posttraumatic stress disorder (PTSD) coverage (SB [SSB] 6214)

Suzy Campbell

Legal Services

360-902-5003

8/21/18

TBD

TBD

This rule making will update existing rules and create new rules needed to implement SB [SSB] 6214, allowing industrial insurance coverage for PTSD of law enforcement, firefighters and emergency medical technicians.

296-21

Master's level therapists (MLT) pilot

Suzy Campbell

Legal Services

360-902-5003

TBD

TBD

TBD

The department currently doesn't allow MLTs to treat or bill injured workers.

This rule making will use pilot rule making to identify appropriate roles for MLTs to provide behavioral and mental health focused on recovery and return to work for workers with a work-related injury or illness.

296-14

Pension discount rate 2020

Suzy Campbell

Legal Services

360-902-5003

8/20/19

10/22/19

1/2/20

This rule making will reduce the current pension discount rate for 2020. The pension discount rate is the interest rate used to account for the time value of money when evaluating the present value of future pension payments.

296-20

Acupuncture/

acupuncture pilot

spine impairment ratings

Jami Lifka

Office of the Medical

Director

360-902-4941

TBD

TBD

TBD

L&I's spinal impairment ratings were adopted in 1974. The changes will bring these rules up to current standards of rating impairment in injured workers.

296-17B

Retrospective rating

Julie Osterberg

Retrospective Rating

360-902-5819

11/5/13

TBD

TBD

This rule making will address extending requirements for businesses that enroll in individual retro plans and revise enrollment requirements for businesses under common majority ownership.

296-17B

Retrospective rating for workers' compensation insurance— Common ownership (pilot)

Julie Osterberg

Retrospective Rating

360-902-5819

8/5/15

TBD

TBD

This pilot rule making will consider/allow exceptions to the retroactive rating program's current common ownership rule (WAC 296-17B-770) as written.

296-19A

Vocational rehabilitation

Laurinda Grytness

Return to Work

Partnerships

360-902-6362

6/4/19

8/20/19

10/22/19

This rule making will support the department's vocational recovery effort by:

· Ensuring expectations of vocational providers are better aligned with the return-to-work language in RCW 51.32.095;

· Addressing certain requirements for vocational firms; and

· Outlining when and to what degree vocational providers may be subject to corrective action or sanctions.

296-15

Medical bill electronic data interchange (EDI)

James Nylander

Self-Insurance

360-902-6907

4/19/16

6/4/19

8/20/19

The department and the self-insured employer community agreed to partner in the development of a self-insurance risk analysis system. One component of this system features the collection of medical bill data using EDI.

This rule making will amend existing rules and adopt a new rule in order to make reporting requirements clear and to ensure a uniform standard of reporting is established.