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 296-17-31018 - Exception classifications

Current through Register Vol. 24-14, July 15, 2024
(1)
What are exception classifications?
Exception classifications describe employees who are not
				exposed to the normal hazards associated with a basic classification. Exception
				classifications may also have special reporting rules concerning a division of
				worker hours.
There are three types of exception classifications:
* Standard exception classifications;
* Special exception classifications; and
* General exclusion classifications.
(2)
What are the standard exception
			 classifications?
Standard exception classifications are administrative in
				nature. Employees covered by a standard exception classification are not
				exposed to the general hazards described in a basic classification description.
				If the language of the basic classification does not specifically include
				clerical office and sales workers, you are allowed to report in standard
				exception classifications when applicable.
A worker's hours cannot be divided between a standard exception
				classification and any other classification. If some work is included in a
				standard exception classification, but other duties are not, then all the
				worker's hours must be reported in the higher rated classification that applies
				to those duties.
Exception to the rule:
A division of hours is
				permitted between a standard exception classification and racing operations,
				flight crews, or diving operations. See subsection (4) of this section.
The standard exception classifications are:
*
Classification 4904,
clerical office workers as
				described in WAC
				296-17A-4904;
*
Classification 6301,
sales personnel, driving
				instructors, and limousine drivers as described in WAC
				296-17A-6301;
*
Classification 6303,
outside sales personnel as
				described in WAC
				296-17A-6303;
*
Classification 7100,
members of limited
				liabilities electing coverage as described in WAC
				296-17A-7100; and
*
Classification 7101,
corporate officers electing
				coverage as described in WAC
				296-17A-7101.
(3)
What are the special exception
			 classifications?
Special exception classifications represent operations found
				within an employer's business that are allowed to be reported separately from
				the basic classification under certain conditions. Assuming the conditions
				described in each classification's description are met, the following
				classifications may be used even if your basic classification includes the
				phrases "all operations" or "all employees."
Whenever a division of hours is not permitted for a special
				exception classification, all of the hours must be reported in the higher rated
				classification applicable to the work not included in the special exception
				classification.
The special exception classifications and their division of
				hour requirements are:
*
Farms: Hand harvesting crops -
WAC
				296-17A-4806. A division of hours
				between classification 4806 and a basic farm classification is
				permitted.
*
Security guards at construction or logging sites
				-
WAC
				296-17A-6601. There can be no
				division of hours for a worker between classification 6601 and the basic
				classification during a work shift.
*
Cleaning employer's business offices -
WAC
				296-17A-6602. A division of hours
				is not permitted between this special exception classification and the basic
				classification for the business.
*
Construction: Superintendent or project manager
				-
WAC
				296-17A-4900. A division of hours
				is permitted between classification 4900 and a basic construction
				classification for work performed under separate building permits and at
				separate locations.
*
Construction: Estimator -
WAC
				296-17A-4911. No division of
				hours is permitted between classification 4911 and another basic or special
				exception classification during a work shift.
*
Permanent yard or shop operations -
WAC
				296-17A-5206. No division of
				hours is permitted between classification 5206 and another basic or special
				exception classification during a work shift.
*
Log truck drivers -
WAC
				296-17A-5003. There can be no
				division of hours for a worker between classification 5003 and the basic
				logging classification 5001 during a work shift.
*
Retail store demonstrators
WAC
				296-17A-6406. There can be no
				division of hours between classification 6406 and a basic classification during
				a work shift.
(4)
What are the general exclusion classifications?
General exclusions are activities excluded from all basic
				classifications that do not specifically describe that type of work. You must
				report work described by a general exclusion in the basic classification that
				applies to those operations.
The general exclusion classifications are:
*
Aircraft operations:
Applies to duties performed
				by flight crews. A division of hours is permitted between flight crew
				classifications and
all
other classifications.
Example:
Assume a corporate officer performs
				duties which are described in classification 7101. Occasionally, the officer
				flies a plane to attend a meeting. You would report the flying exposure (hours)
				of the corporate officer in classification 6803. The remainder of the corporate
				officer's time would continue to be reported in classification 7101.
*
Racing operations:
Applies to duties performed
				by race car or boat drivers and their pit crews. A division of hours is
				permitted between racing drivers/pit crew classifications and
all
other classifications. See example for aircraft operations.
*
Diving operations:
Applies to duties performed
				by underwater divers and any boat tenders who assist in diving operations. A
				division of hours is permitted between divers and tenders and
all
other classifications. See example for aircraft operations.
*
New construction or alterations of the business
				premises:
Applies to construction duties by employees of the business,
				other than those considered normal maintenance and repair. No special division
				of hours rules apply to this general exclusion classification.
*
Musicians and entertainers:
Applies to covered
				employees performing as musicians and entertainers. No special division of
				hours rules apply to this general exclusion classification.
Special note :
Whenever you have multiple
				  classifications assigned to your business, if you fail to keep original time
				  records as specified in WAC
				  296-17-35201, which clearly show
				  the time worked in each classification, we will assign any hours in question to
				  the highest rated classification that may apply to the work
				  performed.
Statutory Authority:
				  RCW
				   51.04.020 and
				  51.16.035. 13-08-063, §
				  296-17-31018, filed 4/1/13, effective 1/1/14. Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1).
				  09-16-110, § 296-17-31018, filed 8/4/09, effective 10/1/09. Statutory
				  Authority: RCW 51.06.035,
				  
											51.08.010,
				  51.04.020. 07-12-045, §
				  296-17-31018, filed 5/31/07, effective 7/1/07. Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100. 06-12-075, §
				  296-17-31018, filed 6/6/06, effective 1/1/07. Statutory Authority:
				  RCW
				   51.04.020,
				  51.16.035, and
				  51.12.120. 03-23-025, §
				  296-17-31018, filed 11/12/03, effective 1/1/04. Statutory Authority:
				  RCW
				   51.04.020,
				  51.16.035 and
				  51.32.073. 99-24-055, §
				  296-17-31018, filed 11/29/99, effective 12/31/99. Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-31018,
				  filed 8/28/98, effective 10/1/98.