Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31014 - Farming and agriculture

Current through Register Vol. 24-14, July 15, 2024
(1)
What
			 is the classification approach for farming?
We classify farming and agricultural operations by the type of
				crop or livestock raised. Farmers and ranchers often have several basic
				classifications assigned to their account covering various types of crops or
				livestock.
Note:
If we assign multiple classifications to your farm or
						  agriculture business, take special care in maintaining the records required in
						  the auditing and recordkeeping section of
WAC
						  296-17-35201 Recordkeeping and
						  retention
. If you fail to keep the required records, we will assign all
						  worker hours for which the records were not maintained to the highest-rated
						  classification applicable to your business or the highest-rated classification
						  a worker was exposed to.
(2)
Who do the farming and agriculture rules apply to?
If we assign
			 one or more of the following classifications to your business, this rule
			 applies to you: 4802, 4803, 4804, 4805, 4808, 4809, 4810, 4811, 4812, 4813,
			 7301, 7302, and 7307.
(3)
If
			 I am involved in diversified farming, can I still have one classification
			 assigned to my account to cover all of the farming I am involved in?
Yes, you can request assignment of a single classification to
				cover all of your farming operations by contacting your account manager.
(4)
How will the department
			 determine what single farming classification will be assigned to my
			 business?
The approach used to assign a single classification to a
				farming business is similar to that used for construction contractors. We
				prorate based on the information you provide. We need you to estimate the
				number of hours to be worked by your employees by type of crop or livestock
				being cared for. We use this information to estimate the premium which would be
				paid using multiple classifications. The total premium is then divided by the
				total estimated hours to produce an average rate per hour. We then select the
				classification assigned to your business which carries the hourly premium rate
				which is the closest to the average rate determined by your estimated hours.
				However, classification 4806 is not to be assigned to any grower as the single
				farming classification. See
WAC
				296-17A-4806
.
Note:
See WAC
						  296-17-31013(4)
						 for an example how single classifications are determined.
(5)
How will I know what single farming classification you have assigned to
			 my business?
We will send you a written notice of the basic classification
				that will apply to your entire operation.
(6)
If I requested a single
			 classification for my farming operation, can I change my mind and use multiple
			 classifications?
Yes, but let your account manager know you decided against
				using the single classification and will report the work by type of crop or
				livestock. This will avoid any potential confusion if you are audited.
(7)
I have workers who do
			 not use or operate any tools or equipment; can I classify these workers
			 separately?
The special exception classification 4806 is available to farms
				classified in 4802 or 4803. It is limited to harvesting operations where all of
				the workers pick or harvest by hand without the use of any:
* Cutting tools, such as knives or clippers;
* Machinery;
* Ladders, climbing equipment, or stools.
(8)
What is a farm labor
			 contractor?
A farm labor contractor is a specialty contractor who
			 supplies laborers to a farm operation for specified services such as weeding,
			 planting, irrigating, and fertilizing. Generally, work involves manual labor
			 tasks as opposed to machine operations.
(9)
I am a farm labor contractor. How
			 is my business classified?
If you are supplying only laborers to a farm,
			 we will assign the same classification given to the farm for the work
			 performed. However, if you supply both machine operators and the machinery to a
			 farm, the machine operators are assigned to classification 4808-11, Custom farm
			 services by contractor, since machinery work carries the same hazard regardless
			 of the crop.
(10)
Farm
			 internship program. Who may participate in the farm internship program in
			 RCW
			  49.12.470?
Small qualifying farms who meet the requirements in
				RCW
				 49.12.470 receive a special certification
				from the department to have three or less farm interns. Farm internship program
				risk classifications are: WAC
				296-17A-4814,
				296-17A-4815, and
				296-17A-4816. The farm internship
				program is administered by the employment standards division of
				L&I.
Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100. 10-17-028, §
				  296-17-31014, filed 8/9/10, effective 9/9/10. Statutory Authority:
				  RCW
				   51.04.020 and
				  51.16.035. 04-18-025, §
				  296-17-31014, filed 8/24/04, effective 10/1/04. Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-31014,
				  filed 8/28/98, effective 10/1/98.