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Rules Under Development

Classifications for Washington Workers' Compensation Insurance

Chapter 296-17A, WAC

All updates for this rule:

Stores (Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance)

The purpose of this rulemaking is to review some store classifications in Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance. Labor and Industries is required by law to establish and maintain a workers’ compensation classification plan that classifies according to the degree of hazard and recognized insurance principles as described in WAC 296-17-31029. A study conducted by the department found that some store classifications are not aligned with insurance principles that require classifications be homogenous and equitable. The department will consider repealing and amending some store classifications to address concerns about equity and homogeneity in the classification plan.794.

5/23/2017

PDF: Preproposal (CR-101)

Paver Stone Installation (Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance)

This rulemaking amends risk classifications regarding paver stone installation work, effective April 1, 2017. This rulemaking reclassifies paver firms from 0302, Masonry, to 0301, Landscape construction. Paver stone installation companies and landscape construction companies have similar risk exposure to injury due to the similar work processes performed. Currently, specialty paver installation firms report in risk classification 0302, Masonry, which carries a higher base rate than landscape construction. The Department revised wording and formatting of the affected classifications to make the rules easier to understand and apply; and updated references in the classifications to ensure the rule language reflects that paver installation work is to be classified in Classification 0301, Landscape construction. The changes were adopted 1/17/2017 and became effective on 4/1/2017.776.

4/1/2017

Rule Changes Effective

1/17/2017

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

12/5/2016

Public Hearing

12/5/2016

Comments Due

10/18/2016

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

8/23/2016

PDF: Preproposal (CR-101)

Workers’ compensation classifications: Fraternities/sororities, tutoring services, nursing homes and other residential care (Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance)

This rulemaking adopts amendments in Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance, to: - WAC 296-17A-6108 and WAC 296-17A-6509 to better distinguish between skilled nursing facilities and other care residences by aligning the classifications to Department of Health and Social Service (DSHS) licensing. - WAC 296-17A-6509 and WAC 296-17A-6205 to move fraternities and sororities out of a classification primarily for care facilities and into the classification for clubs. The nature of operations and loss rates for fraternities and sororities aligns better with the organizations in the clubs’ classification, than those in the classification for care residences, classification 6509. - WAC 296-17A-5301 to include tutoring services. Currently tutoring services are assigned to several unrelated classifications. Many businesses only have standard exception classifications rather than a basic classification. The changes were adopted 5/2/2017 and will be effective on 1/1/2018.771.

1/1/2018

Rule Changes Effective

5/2/2017

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

3/15/2017

Comments Due

3/14/2017

Public Hearing

2/27/2017

Public Hearing

12/6/2016

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

7/19/2016

PDF: Preproposal (CR-101)

Stores (Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance)

This rulemaking adopts changes to Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance that: - Reclassify lower hazard stores currently assigned classification 6406 (retail only variety stores) to a new, lower-rated retail store classification 6411; - Reclassify warehouse distribution centers without retail store exposure into classification 6407 (wholesale stores); - Reclassify some lower hazard stores currently assigned classification 6309 (hardware type stores) to the lower-rated classification 6406 (retail only variety stores); and - Clarify the store classifications to better distinguish them from each other. Workers’ compensation best practices for rating employers require classifications clearly distinguish between different types of work exposures to ensure employers’ premiums are fair and reflect the actual degree of hazard. The changes were adopted 2/14/2017 and will be effective on 1/1/2018.763.

1/1/2018

Rule Changes Effective

2/14/2017

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

11/15/2016

Comments Due

11/4/2016

Public Hearing

11/3/2016

Public Hearing

11/2/2016

Public Hearing

11/1/2016

Public Hearing

10/27/2016

Public Hearing

10/26/2016

Public Hearing

8/23/2016

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

5/17/2016

PDF: Preproposal (CR-101)

Tree Services (Chapter 296-17 WAC, Chapter 296-17A WAC)

Labor and Industries is required by law to establish and maintain a workers’ compensation classification plan, that classifies in accordance with the degree of hazard, and sets premium rates that are: 1) the lowest necessary to maintain actuarial solvency of the accident and medical aid funds in accordance with recognized insurance principles; and 2) designed to attempt to limit fluctuations in premium rates. The Department is adopting language to reclassify tree care and pruning services from classification 0101 to an independently rated classification 0106-00. The purpose of the reclassification is to achieve more equitable rating and homogeneous classifications for all of the industries currently included in classification 0101. An agency study concluded that the hazards for tree care and pruning services were distinct from other industries in classification 0101, and that loss and exposure data did not support combining these operations for rating purposes. The new language will go into effect on January 1, 2015.711.

11/25/2014

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

10/30/2014

Public Hearing

10/28/2014

Public Hearing

10/27/2014

Public Hearing

10/24/2014

Public Hearing

10/23/2014

Public Hearing

10/22/2014

Public Hearing

9/16/2014

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

6/17/2014

PDF: Preproposal (CR-101)

Farm Internship Program (Chapter 296-17 WAC)

Establish rates for farm internship program classifications and update reporting rules for workers’ compensation insurance. This rulemaking is necessary as a result of Substitute Senate Bill 5123 (Chapter 131, Laws of 2014) effective June 12, 2014 which establishes a Farm Internship Program for small employers in a variety of counties.705.

9/3/2014

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

8/26/2014

Public Hearing

8/26/2014

Comments Due

7/22/2014

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

5/20/2014

PDF: Preproposal (CR-101)

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