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Rule Updates

Rules Under Development

Classifications for Washington Workers' Compensation Insurance

Chapter 296-17A, WAC

All updates for this rule:

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

The purpose of this rulemaking is to consider reclassifying paver stone installation work in Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance. Currently, paver stone installation work is classified in 0302, Masonry ($5.55/hour in 2016). Landscape contractors who do incidental paver stone installation work as part of a landscape contract are eligible to report in 0301, Landscape construction ($2.03/hour in 2016). Labor and Industries is required by RCW 51.16.035 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. This proposal follows an agency study, which recommends rulemaking to maintain the integrity of the classification plan. The Department study found: - Paver stone installation companies and landscape construction companies have similar risk exposure to injury due to similar processes. - Paver stone installation companies that only do paver installation are in competition with landscapers.776.

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)

The purpose of this rulemaking is to consider reclassifying fraternities/sororities and tutoring services, as well as more clearly distinguishing between nursing homes and other residential care. The Department is required by RCW 51.16.035 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. Department studies found: - Fraternities and sororities do not share common risks and hazards with assisted living facilities and adult family homes (currently under WAC 296-17A-6509). - Inconsistency in rating tutoring businesses (currently, no specific risk classification in WAC). - Lack of clarity for distinguishing skilled nursing facilities from assisted living facilities (currently under WAC 296-17A-6108 and WAC 296-17A-6509). This preproposal follows three classification studies. The studies recommended rulemaking to maintain the integrity of the classification plan. The Department contacted employers who may be impacted by the rulemaking. The Department will send additional notice if the Department makes any proposals. Interested parties may participate by commenting before proposals are made, by testifying at the public hearing, or by providing written comment after the proposal is filed.771.

7/19/2016

PDF: Preproposal (CR-101)

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

The purpose of this rulemaking is to propose changes to Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance that will: - 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). - 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.763.

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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