reglab/statecodes huggingface dataset:
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 296-17-352 - Audits

Current through Register Vol. 24-14, July 15, 2024
An audit of the employer's books, records and payrolls
				performed pursuant to the authority contained in
				RCW
				 51.48.040 may include but will not be limited
				to:
(1) An audit to determine whether
			 an employer engaged in a business or trade has employment subject to the
			 industrial insurance laws.
(2) A
			 visual inspection of the employer's workplace or places for the purpose of
			 determining appropriate classifications in accordance with the industrial
			 insurance laws and rules as set forth in chapter 296-17A WAC.
(3) Audits containing a complete and detailed
			 examination of the employer's books and records for a specific period to
			 establish the reporting of the employer's payroll in accordance with the
			 industrial insurance laws and the rules as set forth in chapter 296-17 WAC, and
			 as well, chapter 296-15 WAC in the event the employer has been certified a
			 self-insurer.
Except as otherwise provided in this rule any audit time period
				may be less than, but will not exceed, three years of the due dates of any
				payments from any employer where the department has requested submission of the
				employer's books, or three years of the due dates of any payments where the
				employer makes claim for adjustment, recomputation or alteration of any such
				payment: Provided, That an employer certified to self-insure pursuant to the
				authority contained in chapter 51.14 RCW, shall be subject to such audit as
				deemed necessary to guarantee its compliance with the industrial insurance laws
				and rules and regulations for self-insurers: Provided further, That an employer
				who fails to make any books and records, or certified copies thereof, available
				for audit in the state of Washington, will be charged for all costs incurred by
				the department in auditing any books and records maintained at other places:
				Provided further, That in any instance where fraud may be indicated with
				respect to underpayment or nonpayment of premiums the audit time period may be
				extended beyond that previously set forth.
Statutory Authority: RCW 51.06.035,
				  51.08.010,
				  51.04.020. 07-12-045, §
				  296-17-352, filed 5/31/07, effective 7/1/07. Statutory Authority:
				  RCW
				   51.16.035. 85-06-026 (Order 85-7), §
				  296-17-352, filed 2/28/85, effective 4/1/85. Statutory Authority:
				  RCW
				   51.04.020(1) and
				  51.16.035. 78-12-043 (Order
				  78-23), § 296-17-352, filed 11/27/78, effective 1/1/79; Order 76-36,
				  § 296-17-352, filed 11/30/76; Order 76-18, § 296-17-352, filed
				  5/28/76, effective 7/1/76.
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 296-17-35201 - Recordkeeping and retention

Current through Register Vol. 24-14, July 15, 2024
Washington law (RCW
				 51.48.030) requires every employer to make,
				keep, and preserve records which are adequate to facilitate the determination
				of premiums due to the state for workers' compensation insurance for their
				covered workers. In the administration of Title 51 RCW, the department of labor
				and industries has deemed the records and information required in the various
				subsections of this section to be essential in the determination of premiums
				due to the state fund. The records so specified and required, shall be provided
				at the time of audit to any authorized representative of the department who has
				requested them.
Failure to produce the requested records within 30 days of the
				request, or within an agreed upon time period shall constitute prima facie
				evidence of noncompliance with this rule and shall invoke the statutory bar to
				challenge found in
				RCW
				 51.48.030 and/or 51.48.040. See WAC
				296-17-925,
				296-17-930, and
				296-17-935
				for additional reporting and recordkeeping requirements for qualifying
				volunteers, student volunteers, and unpaid students.
(1) Employment records. Every employer shall
			 with respect to each worker, make, keep, and preserve original records
			 containing all of the following information for three full calendar years
			 following the calendar year in which employment occurred:
(a) The name of each worker;
(b) The Social Security number of each
			 worker;
(c) The beginning date of
			 employment for each worker and, if applicable, the separation date of
			 employment of each such worker;
(d)
			 The basis upon which wages are paid to each worker;
(e) The number of units earned or produced
			 for each worker paid on a piecework basis;
(f) The risk classification applicable to
			 each worker whenever the worker hours of any one employee are being divided
			 between two or more classifications;
(g) The number of actual hours worked (WAC
			 296-17-31002)
			 by each worker, unless another basis of computing hours worked is prescribed in
			 WAC
			 296-17-31021 or
			 296-17-935;
(h) A summary time record for each worker
			 showing the calendar day or days of the week work was performed and the actual
			 number of hours worked each work day;
(i) The workers' total gross pay period
			 earnings;
(j) The specific sums
			 withheld from the earnings of each worker, and the purpose of each sum
			 withheld;
(k) The net pay earned by
			 each such worker.
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 296-17-35204 - Penalty assessments for employers who fail to register under Title 51 RCW

Current through Register Vol. 24-14, July 15, 2024
(1) Any employer
			 who has failed to secure payment of compensation for their workers covered
			 under this title will be liable, subject to
			 RCW
			  51.48.010. Beginning July 1, 2023, as
			 authorized by
			 RCW
			  51.48.095, this penalty will be adjusted for
			 inflation every three years based on the consumer price index (Seattle,
			 Washington area for urban wage earners and clerical workers, all items compiled
			 by the Bureau of Labor Statistics of the United States Department of Labor) and
			 posted to the L&I website.
(2)
			 If an injury or occupational disease is sustained by a worker of an employer
			 who has failed to secure payment of compensation under this title, that
			 employer may also be liable for the cost of such an injury or occupational
			 disease at the time the claim for benefits is accepted by the department.
For the purposes of this section only the cost of such claim
				will be determined as follows:
The case reserve value shall be determined by the nature of the
				injury or occupational disease, the part of the body affected and other factors
				which will impact the cost including, but not limited to, age, education and
				work experience. The case reserve value will include actual costs paid to date
				and estimated future claim costs. No further adjustments or evaluations of the
				cost of the claim will be made for the purposes of this subsection after
				assessment for the cost of an injury or occupational disease is made by the
				department.
Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-35204,
				  filed 8/28/98, effective 10/1/98.
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 296-17-35205 - Special reporting for taxi, for-hire, limousine drivers or entities; and transportation network companies

Current through Register Vol. 24-14, July 15, 2024
(1)
Non-mandatory coverage.
The following individuals are excluded
			 from mandatory coverage, but may elect coverage as authorized under
			 RCW
			  51.32.030:
(a) For-hire vehicle operators as defined
			 under chapter 46.72 RCW who own the for-hire vehicle or lease it from
			 others;
(b) Limousine drivers as
			 defined under chapter 46.72A RCW who own the limousine or lease it from others;
			 and
(c) Taxicab operators, as
			 defined under chapter 81.72 RCW, who own the taxicab or lease it from
			 others.
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 296-17-850 - Experience rating plan - Eligibility and experience period

Current through Register Vol. 24-14, July 15, 2024
(1)
Eligibility.
Effective January 1, 1991, and thereafter each
			 employer who has reported experience during the "experience period" shall have
			 his/her base rates multiplied by an "experience factor" calculated in
			 accordance with the rules of this manual. The development of the "experience
			 factor" as set forth in WAC
			 296-17-855 shall include losses
			 and exposure reported in all risk classifications.
(2)
Experience period.
The
			 "experience period" shall be the oldest three of the four fiscal years
			 preceding the effective date of premium rates as set forth in WAC
			 296-17-895.
Statutory Authority:
				  RCW
				  51.04.020(1) and
				  51.16.035. 90-20-092, §
				  296-17-850, filed 10/1/90, effective 11/1/90. Statutory Authority:
				  RCW
				   51.16.035. 87-24-060 (Order 87-26), §
				  296-17-850, filed 12/1/87, effective 1/1/88; 87-12-032 (Order 87-12), §
				  296-17-850, filed 5/29/87, effective 7/1/87; 86-12-041 (Order 86-18), §
				  296-17-850, filed 5/30/86, effective 7/1/86; 85-24-032 (Order 85-33), §
				  296-17-850, filed 11/27/85, effective 1/1/86; 85-13-046 (Order 85-13), §
				  296-17-850, filed 6/17/85; 82-24-047 (Order 82-38), § 296-17-850, filed
				  11/29/82, effective 1/1/83. Statutory Authority:
				  RCW
				   51.04.030 and
				  51.16.035. 79-12-086 (Order
				  79-18), § 296-17-850, filed 11/30/79, effective 1/1/80; Order 76-18,
				  § 296-17-850, filed 5/28/76, effective 7/1/76; Order 74-40, §
				  296-17-850, filed 11/27/74, effective 1/1/75; Order 73-22, § 296-17-850,
				  filed 11/9/73, effective 1/1/74.
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 296-17-860 - Transition adjustment

Current through Register Vol. 24-14, July 15, 2024
In the event that an employer has no compensable accidents
				during the experience period and the experience modification calculated in
				accordance with WAC
				296-17-855 is greater than the
				experience modification shown in Table IV, WAC
				296-17-890 then such modification
				shall be reduced to the value shown in Table IV. For the purpose of this rule,
				a compensable accident is defined as one which has resulted in, or is expected
				to result in, time loss compensation, permanent disability or
				death.
Statutory Authority:
				  RCW
				  51.04.030 and
				  51.16.035. 79-12-086 (Order
				  79-18), § 296-17-860, filed 11/30/79, effective 1/1/80; Order 74-40,
				  § 296-17-860, filed 11/27/74, effective 1/1/75; Order 73-22, §
				  296-17-860, filed 11/9/73, effective
				  1/1/74.
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 296-17-865 - Experience modification limitations

Current through Register Vol. 24-14, July 15, 2024
No employer's experience modification factor shall increase or
				decrease by more than twenty-five percent during any one year, as calculated
				according to WAC
				296-17-855. However, if an
				employer's experience modification factor is calculated to be below 1.00
				without this twenty-five percent limitation and that employer had an experience
				modification factor greater than 1.3333 in the previous year, then the
				experience modification factor shall be set to 1.00.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.32.073,
				  51.08.010, and
				  51.04.020(1).
				  08-24-074, § 296-17-865, filed 12/1/08, effective 1/1/09; Order 77-27,
				  § 296-17-865, filed 11/30/77, effective 1/1/78; Order 74-40, §
				  296-17-865, filed 11/27/74, effective 1/1/75; Order 73-22, § 296-17-865,
				  filed 11/9/73, effective 1/1/74.
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 296-17-86507

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 51.06.035,
				  
											51.08.010,
				  51.04.020. 07-12-045, §
				  296-17-86507, filed 5/31/07, effective
				  7/1/07.
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 296-17-870 - Evaluation of actual losses

Current through Register Vol. 24-14, July 15, 2024
(1) Except as
			 provided in subsections (3) through (13) of this section, the actual losses for
			 claims with a date of injury during the experience period will be evaluated on
			 the "valuation date." Losses on claims occurring outside the experience period
			 will not be included. The actual losses for closed claims must include:
(a) Accident and medical aid payments;
			 and
(b) Pension reserve amounts
			 paid by the accident fund; and
(c)
			 Accident and medical aid benefits or payments that are scheduled to be paid;
			 and
(d) Reserve for other accident
			 and medical aid benefits accessible by the worker while the claim is closed.
The actual losses for claims that are open may, in addition,
				also include a reserve for future payments. Actual losses do not include wage
				subsidies or reimbursements paid by the stay-at-work program.
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 296-17-871

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100, and
				  Title
				  51 RCW. 10-06-083, §
				  296-17-871, filed 3/1/10, effective
				  4/1/10.
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 296-17-873 - Responsibility for past experience

Current through Register Vol. 24-14, July 15, 2024
WAC
				296-17-87301 through
				296-17-87306 shall be used to
				determine the assignment of past loss experience associated with a change in
				business ownership for experience rating purposes. It is the intent of these
				rules that every firm (business) shall be responsible for its past experience
				irrespective of ownership as long as the firm (business) continues to conduct
				operations which are subject to Washington Workers' Compensation Act. When a
				business or portion of a business is sold, the new owner or owners of such
				business or portion thereof shall also take over the past loss experience
				associated with the business unless another treatment is specified in these
				rules.
Statutory Authority:
				  RCW
				  51.04.020(1) and
				  51.16.035. 93-12-093, §
				  296-17-873, filed 5/31/93, effective 7/1/93; 90-20-092, § 296-17-873,
				  filed 10/1/90, effective 11/1/90; 89-24-051 (Order 89-22), § 296-17-873,
				  filed 12/1/89, effective 1/1/90. Statutory Authority:
				  RCW
				   51.04.030 and
				  51.16.035. 79-12-086 (Order
				  79-18), § 296-17-873, filed 11/30/79, effective
				  1/1/80.
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 296-17-87301 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section shall apply throughout WAC
				296-17-873 through
				296-17-87308.
(1) "Entity" means an
			 individual, partnership, corporation, unincorporated association, or fiduciary
			 operation (e.g. trust, receivership, or estate of deceased
			 individual).
(2) "Majority
			 interest" means more than fifty percent ownership in the firm (business). If
			 the owners of the firm (business) are a partnership, majority interest means
			 more than fifty percent of the general partners' ownership in the firm
			 (business). Majority interest in a partnership shall be determined in
			 proportion to the general partners' ownership of the firm (business). For
			 example, in a three-way partnership . . . partner A owns twenty percent of the
			 business, partner B owns twenty percent of the business, and partner C owns
			 sixty percent of the business . . . if partner A sold his/her share of the
			 business, a majority interest still exists as partners B and C retain a
			 majority interest (eighty percent) in the firm (business). Limited partners
			 shall not be considered to have an ownership interest for purpose of these
			 rules.
(3) "Joint venture" means a
			 combination of two or more entities, entered into for the purpose of carrying
			 to completion a specified job of limited duration.
(4) "Employee leasing entity" means a firm
			 (business) which provides workers on a long-term basis to another
			 firm.
Statutory Authority:
				  RCW
				  51.04.020(1) and
				  51.16.035. 90-20-092, §
				  296-17-87301, filed 10/1/90, effective 11/1/90; 89-24-051 (Order 89-22), §
				  296-17-87301, filed 12/1/89, effective 1/1/90. Statutory Authority:
				  RCW
				   51.04.030 and
				  51.16.035. 79-12-086 (Order
				  79-18), § 296-17-87301, filed 11/30/79, effective
				  1/1/80.
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 296-17-87304 - Change in ownership with an accompanying change in business activities

Current through Register Vol. 24-14, July 15, 2024
When a majority change in the ownership of a firm (business) is
				accompanied by a change in the business activity of the firm (business) and
				this change is sufficient to result in a reclassification of the basic
				classification assigned to the firm (business), then the past experience, prior
				to the change, shall be excluded from future experience ratings of the
				acquiring entity. If the change in business activities is not sufficient to
				result in a reclassification of the basic classification assigned to the firm
				(business), the acquiring entity shall retain the past experience attributable
				to the firm (business) or portion thereof which was purchased. For purposes of
				this rule, the term "basic classification" shall mean the classification other
				than standard exception classifications as defined in WAC
				296-17-31018(2)
				 which produces the largest number of worker hours during the calendar year in
				which the change in business operations is noted. The basic classification of a
				business shall be determined in accordance with WAC
				296-17-31012.
Statutory Authority:
				  RCW
				  51.16.035. 99-18-068, § 296-17-87304,
				  filed 8/31/99, effective 10/1/99. Statutory Authority:
				  RCW
				   51.04.020(1) and
				  51.16.035. 90-20-092, §
				  296-17-87304, filed 10/1/90, effective
				  11/1/90.
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 296-17-87305 - Initial recalculation of experience factor

Current through Register Vol. 24-14, July 15, 2024
When an entity acquires the past experience of an existing firm
				(business) or portion thereof, the following treatment shall apply until the
				next date for the general calculation of all employers' experience factors. The
				purpose of this subsection is to produce the same premium level that would have
				been generated had no change in the ownership of a firm (business)
				occurred.
(1) Acquiring entity retains
			 all rating experience associated with the firm (business), or portion thereof,
			 being acquired. The selling entity shall revert to an experience factor of
			 unity (1.0000) until such time as it may requalify for experience rating or
			 unless another treatment is specified in these rules.
(2) If the acquiring entity already has an
			 experience factor, it shall be assigned a weighted average of its existing
			 experience factor and the acquired experience factor. Weights will be based on
			 expected losses. In the event the acquiring entity does not have an existing
			 experience factor, it shall be assigned an experience factor developed from the
			 past experience of the firm (business) or portion thereof being
			 acquired.
(3) If the past
			 experience of the firm (business) cannot be segregated between the operations
			 remaining with the selling entity and the operations being taken over by the
			 acquiring entity, then the entire experience of the firm (business) shall
			 remain with the selling entity. In the event that the past experience can be
			 segregated, the following shall apply:
(a)
			 Separate experience factors shall be calculated for each portion of the firm
			 (business) being sold using the experience rating procedures in WAC
			 296-17-855 through
			 296-17-870.
(b) Both experience factors shall be
			 increased or decreased in the same proportion, if necessary, so that their
			 weighted average is the same as the selling entity's experience factor prior to
			 the sale or change.
(c) The selling
			 entity shall be assigned the experience factor for the experience it is
			 retaining.
(d) The experience
			 factor developed in (a) and (b) of this subsection shall be used in accordance
			 with subsection (2) of this section.
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 296-17-87306 - Combination of entities

Current through Register Vol. 24-14, July 15, 2024
Separate entities shall be combined for experience rating
				purposes when the same person or persons and/or a single corporation owns a
				majority interest in each of the entities.
Note:
If two or more different combinations are possible in
							 accordance with the provisions of this section, the combination producing the
							 greatest amount of expected losses during the experience period shall be made.
							 The experience of any entity used in such combinations may not be otherwise
							 used in combination with any other entity. The experience used in a rating of
							 combination shall be subject to the provisions of WAC
							 296-17-87305 (Initial
							 recalculation of experience factor).
Exceptions:
(1)
			 Individual trusts may not be combined for experience rating purposes with
			 operations of the trustee nor with the operations of any other trusts. However,
			 two or more trusts having identical trustees and also having identical
			 beneficiaries shall be combined.
(2) Joint venture operations may not be
			 combined with the operations of any other entity, even though the members of
			 the joint venture are identically owned.
This subsection applies only where the entities are or have
				been operating and insured concurrently in Washington. It does not apply where
				concurrent operations are for a short period of time, not exceeding one year,
				if the operation of the original entity during the period both entities were
				operating, was restricted to the completion of projects entered into prior to
				the new entity commencing operations. Newly formed joint ventures shall be
				assigned an experience factor of unity (1.0000).
(3) Employee leasing firms (businesses) shall
			 be required to establish a subaccount for each client for which they supply
			 workers. This account will be a subaccount number of their client's account
			 number. The client's account and the employee leasing firm's subaccount shall
			 be combined to produce a single experience factor which will be shared by both
			 the client and employee leasing firm (business).
Statutory Authority:
				  RCW
				  51.04.020(1) and
				  51.16.035. 90-20-092, §
				  296-17-87306, filed 10/1/90, effective 11/1/90. Statutory Authority:
				  RCW
				   51.04.030 and
				  51.16.035. 79-12-086 (Order
				  79-18), § 296-17-87306, filed 11/30/79, effective
				  1/1/80.
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 296-17-89502 - Industrial insurance accident fund, stay at work, medical aid and supplemental pension rates by class of industry for nonhourly rated classifications

Current through Register Vol. 24-14, July 15, 2024
The base rates as set forth below are for classifications whose
				premium rates are based on units other than hours worked.
Base Rates Effective January 1, 2024
Class
Accident Fund
Stay at Work
Medical Aid Fund
Supplemental Pension Fund
540
0.0220
0.0003
0.0107
0.0014
541
0.0126
0.0002
0.0057
0.0014
550
0.0573
0.0009
0.0215
0.0014
551
0.0191
0.0003
0.0076
0.0014
Statutory Authority:
				  RCW
				   51.16.035,
				  51.32.073,
				  51.08.010, and
				  51.04.020(1).
				  12-24-048, § 296-17-89502, filed 11/30/12, effective 1/1/13; 11-24-026,
				  § 296-17-89502, filed 12/1/11, effective 1/1/12. Statutory Authority:
				  RCW
				   51.16.035,
				  51.32.073,
				  51.18.010, and
				  51.04.020(1).
				  11-04-069, § 296-17-89502, filed 1/28/11, effective 2/28/11; 09-24-086,
				  § 296-17-89502, filed 11/30/09, effective 1/1/10; 08-24-074, §
				  296-17-89502, filed 12/1/08, effective 1/1/09; 07-24-046, § 296-17-89502,
				  filed 12/1/07, effective 1/1/08. Statutory Authority: RCW 51.06.035,
				  
											51.08.010,
				  51.04.020. 07-12-045, §
				  296-17-89502, filed 5/31/07, effective 7/1/07; 07-07-032 and 07-07-129, §
				  296-17-89502, filed 3/12/07 and 3/21/07, effective 7/1/07. Statutory Authority:
				  RCW
				   51.16.035,
				  51.32.073,
				  51.08.010, and
				  51.04.020(1).
				  06-24-054, § 296-17-89502, filed 12/1/06, effective 1/1/07. Statutory
				  Authority:
				  RCW
				   51.04.020,
				  51.16.035, and
				  51.32.073. 05-23-162, §
				  296-17-89502, filed 11/22/05, effective 1/1/06; 04-24-025, § 296-17-89502,
				  filed 11/23/04, effective 1/1/05. Statutory Authority:
				  RCW
				   51.04.020,
				  51.16.035,
				  51.32.073, and
				  51.18.010. 03-24-066, §
				  296-17-89502, filed 12/1/03, effective 1/1/04. Statutory Authority:
				  RCW
				   51.16.035,
				  51.32.073,
				  51.18.010, and
				  51.04.020(1).
				  02-24-029, § 296-17-89502, filed 11/27/02, effective 1/1/03. Statutory
				  Authority:
				  RCW
				   51.04.020,
				  51.16.035,
				  51.32.073,
				  51.18.010; 01-23-061, §
				  296-17-89502, filed 11/20/01, effective 1/1/02; 00-23-101, § 296-17-89502,
				  filed 11/21/00, effective 1/1/01. Statutory Authority:
				  RCW
				   51.04.020,
				  51.16.035 and
				  51.32.073. 99-24-055, §
				  296-17-89502, filed 11/29/99, effective 12/31/99; 98-24-094, §
				  296-17-89502, filed 12/1/98, effective 1/1/99; 97-24-062, § 296-17-89502,
				  filed 12/1/97, effective 1/1/98; 97-12-011, § 296-17-89502, filed 5/27/97,
				  effective 7/1/97; 97-06-007, § 296-17-89502, filed 2/24/97, effective
				  4/1/97.
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 296-17-89504 - Horse racing industry industrial insur ance, accident fund, medical aid fund, stay at work and supplemental pension by class (Repealed)

Current through Register Vol. 24-14, July 15, 2024
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 296-17-89505 - 2007 Rate holiday dividend (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   51.16.035,
				  51.32.073,
				  51.08.010, and
				  51.04.020(1).
				  07-24-046, § 296-17-89505, filed 12/1/07, effective
				  1/1/08.
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 296-17-89506 - Farm internship program industrial insurance, accident fund, stay at work fund, medical aid fund, and supplemental pension by class (Repealed)

Current through Register Vol. 24-14, July 15, 2024
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 296-17-89507 - Horse racing rates

Current through Register Vol. 24-14, July 15, 2024
Horse racing industry industrial insurance accident fund, stay
				at work fund, medical aid fund, supplemental pension fund and composite rate by
				class.
Base Rates Effective January 1, 2024
Class
Accident Fund
Stay at Work
Medical Aid Fund
Supplemental Pension Fund
Composite Rate
6618
74.00*
1.00*
74.00*
1.00*
150.00*
6625
89.44**
1.54**
80.21**
17.10**
188.29**
6626
0.7101***
0.0123***
0.6866***
0.1710***
1.5800***
6627
12.7540****
0.2200****
9.1630****
1.2830****
23.4200****
*This rate is calculated on a percentage of ownership in a
				horse or horses.
**This rate is calculated per month.
***This rate is calculated per horse per day.
****This rate is calculated per day.
These rates are not subject to experience rating or
				  retrospective rating.
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 296-17-89508 - Farm internship program industrial insurance, accident fund, stay at work fund, medical aid fund, and supplemental pension by class

Current through Register Vol. 24-14, July 15, 2024
Base Rates Effective January 1, 2024
Class
Accident Fund
Stay at Work Fund
Medical Aid Fund
Supplemental Pension Fund
4814
0.1233
0.0018
0.1298
0.1710
4815
0.3197
0.0046
0.3109
0.1710
4816
0.3783
0.0054
0.4197
0.1710
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 296-17-900 - Premium discounts

Current through Register Vol. 24-14, July 15, 2024
(1) A premium
			 discount is a reduction of premium, of a specified amount or percentage, which
			 is earned by meeting certain requirements or conditions not required of all
			 employers.
(2) The department may
			 offer a specified group of employers a premium discount plan to encourage
			 participation in a pilot project or other department program intended to
			 evaluate or promote alternatives in premium reporting or loss control
			 initiatives.
Statutory Authority:
				  RCW
				  51.16.035. 99-18-068, § 296-17-900,
				  filed 8/31/99, effective 10/1/99; Order 73-22, § 296-17-900, filed
				  11/9/73, effective 1/1/74.
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 296-17-901 - Risk classification hazard group table

Current through Register Vol. 24-14, July 15, 2024
Effective October 1, 2023.
Risk
							 Classification
Hazard Group
101
9
103
9
104
8
105
4
106
7
107
9
108
9
112
8
201
9
202
9
210
9
212
8
214
9
217
7
219
7
301
5
302
9
303
9
306
9
307
7
308
3
403
6
502
7
504
8
507
9
508
9
509
9
510
7
511
7
512
8
513
7
514
7
516
8
517
9
518
9
519
8
521
7
540
8
541
9
550
9
551
9
601
8
602
9
603
9
604
7
606
3
607
6
608
7
701
9
803
5
901
8
1002
7
1003
5
1004
6
1005
8
1006
4
1007
7
1101
5
1102
8
1103
7
1104
4
1105
6
1106
3
1108
5
1109
7
1301
6
1303
4
1304
4
1305
6
1401
5
1404
3
1405
4
1407
3
1501
6
1507
4
1701
8
1702
9
1703
9
1704
7
1801
8
1802
8
2002
6
2004
2
2007
7
2008
3
2009
3
2101
5
2102
3
2103
2
2104
2
2105
3
2106
4
2201
3
2202
5
2203
2
2204
3
2401
6
2903
4
2904
7
2905
3
2906
6
2907
3
2908
4
2909
7
3101
6
3102
7
3103
7
3104
4
3105
5
3303
4
3304
3
3309
4
3402
6
3403
5
3404
4
3405
5
3406
1
3407
7
3408
2
3409
1
3410
1
3411
6
3412
8
3414
6
3415
6
3501
6
3503
3
3506
8
3509
1
3510
4
3511
6
3512
1
3513
3
3602
4
3603
6
3604
6
3605
4
3701
6
3702
3
3708
6
3802
4
3808
5
3901
1
3902
2
3903
2
3905
1
3906
3
3909
2
4101
4
4103
5
4107
6
4108
3
4109
4
4201
8
4301
4
4302
5
4304
5
4305
6
4401
3
4402
3
4404
4
4501
1
4502
6
4504
1
4802
5
4803
2
4804
3
4805
3
4806
1
4808
6
4809
4
4810
2
4811
3
4812
5
4813
3
4814
2
4815
1
4816
4
4900
8
4901
6
4902
4
4903
3
4904
2
4905
1
4906
3
4907
1
4908
1
4909
1
4910
5
4911
7
5001
9
5002
3
5003
9
5004
8
5005
9
5006
9
5101
7
5103
4
5106
4
5108
3
5109
6
5201
2
5204
8
5206
8
5207
2
5208
6
5209
6
5300
2
5301
5
5302
3
5305
3
5306
1
5307
4
5308
2
6103
1
6104
3
6105
6
6107
1
6108
1
6109
4
6110
4
6120
4
6121
4
6201
4
6202
4
6203
1
6204
2
6205
3
6206
1
6207
5
6208
1
6209
3
6301
8
6303
4
6305
1
6306
4
6308
5
6309
3
6402
1
6403
1
6404
3
6405
5
6406
1
6407
2
6408
7
6409
6
6410
2
6411
3
6501
1
6502
4
6503
2
6504
1
6505
1
6506
2
6509
2
6510
9
6511
1
6512
5
6601
4
6602
3
6603
2
6604
2
6605
2
6607
2
6608
9
6620
1
6704
1
6705
1
6706
3
6707
1
6708
6
6709
2
6801
2
6802
3
6803
9
6804
3
6809
1
6901
1
6902
8
6903
9
6904
6
6905
4
6906
1
6907
3
6908
5
6909
3
7100
4
7101
7
7103
5
7104
3
7105
3
7106
3
7107
1
7108
2
7109
3
7110
4
7111
5
7112
3
7113
3
7114
2
7115
3
7116
7
7117
4
7118
6
7119
5
7120
8
7121
7
7122
4
7200
7
7201
5
7202
3
7203
1
7301
6
7302
7
7307
2
7308
1
7309
1
7400
6
The following classes have no hazard group assigned
							 to them
6618
6625
6626
6627
7204
7205
Statutory Authority:
				  RCW
				   51.16.035 and
				  51.04.020(1).
				  13-10-080, § 296-17-901, filed 5/1/13, effective 7/1/13. Statutory
				  Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17-901, filed 10/19/10, effective
				  11/19/10.
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 296-17-905 - Dividends

Current through Register Vol. 24-14, July 15, 2024
Periodically, the department shall determine the total
				liability existing against the accident fund. If, after such determination, the
				department finds the accident fund, aside from the reserves deemed actuarially
				necessary according to recognized insurance principles, contains a surplus, the
				director, in his/her discretion may declare a dividend to be paid to, or
				credited to the accounts of, employers who were insured with the department
				during all or part of the period for which the dividend is declared, according
				to a uniform formula to be promulgated by the department. Any dividends so
				declared shall give due consideration to the solvency of the accident fund, not
				be unfairly discriminatory, and not be promised in advance of such declaration.
				An employer in default when the dividend is declared shall not be eligible to
				receive payment as provided by this section but credit will be made towards
				reducing the employer's obligation to the department.
Statutory Authority:
				  RCW
				  51.16.035. 84-06-024 (Order 84-2), §
				  296-17-905, filed 2/29/84, effective 7/1/84; 81-04-024 (Order 81-02), §
				  296-17-905, filed 1/30/81; Order 73-22, § 296-17-905, filed 11/9/73,
				  effective 1/1/74.
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 296-17-907 - Dividend declarations and distributions

Current through Register Vol. 24-14, July 15, 2024
Dividends, if any, will be declared approximately fifteen
				months after the conclusion of the coverage period with credit or payment made
				within sixty days of the calculation. No dividend checks will be written for
				less than ten dollars.
Adjustments to the dividend calculation due to clerical errors
				will be made if reported to the department within ninety days of the payments.
				No subsequent adjustments will be made.
Statutory Authority:
				  RCW
				  51.16.035. 81-04-024 (Order 81-02), §
				  296-17-907, filed 1/30/81.
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 296-17-925 - Record-keeping requirements for student volunteers and/or unpaid students

Current through Register Vol. 24-14, July 15, 2024
If you elect to insure qualifying student volunteers and/or
				unpaid students as defined in
				chapter
				51.12 RCW, as now or
				hereafter amended, you must give the department written notice on a form
				prescribed by the department.
All entities with coverage for qualifying student volunteers or
				unpaid students must maintain the following additional records relating
				to:
* Names of all qualifying persons that the employer seeks to
				cover under this election; and
* Proof of registration of qualifying persons' current
				enrollment in school or institution of higher education as defined in
				RCW
				 51.12.170; and
* Authorization from the school or institution of higher
				education for qualifying persons' participation in the school's volunteer
				program or the school's unpaid work-based learning program;
* Qualifying persons' actual hours worked, unless you have
				notified the department in writing of your decision to report one hundred hours
				per volunteer per calendar year (one hundred hour-cap method; see WAC
				296-17-935).
If you fail to keep records to demonstrate individuals are
				qualified student volunteers or unpaid students, or if you are unable to
				provide records to the department upon request, the department will determine
				classification and premiums due for each individual in question.
See relevant rules, including WAC 296-17-935, for reporting
				options for volunteers, student volunteers, and unpaid students; and WAC
				296-17-35201 for recordkeeping
				requirements.
Statutory Authority:
				  RCW
				   51.04.020. 94-24-007, § 296-17-925,
				  filed 11/28/94, effective 1/1/95.
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 296-17-930 - Volunteers

Current through Register Vol. 24-14, July 15, 2024
Any city, town, county, school district, municipal corporation
				or any other political subdivision, or private nonprofit charitable
				organization electing to insure qualified volunteers under the authority of
				RCW
				 51.12.035 as now or hereafter amended, shall
				give the department written notice of its intent to provide coverage on a form
				prescribed by the department. Any employer insuring qualifying volunteers shall
				choose a reporting method option to apply to all qualifying volunteers.
				Employers have the option of choosing either:
* Maintaining records of all actual hours of work performed by
				each qualifying volunteer; or
* Reporting one hundred hours for each qualifying volunteer per
				calendar year (one hundred-hour cap method) rather than keep a record of actual
				hours for each qualifying volunteer per calendar year (see WAC 296-17-935
				).
Note: Election of reporting method is for each calendar year.
				Electing employers must report all of their qualified volunteers in the same
				manner each calendar year.
Note: Employers insuring qualifying volunteers must provide
				their reporting method (by selecting between either: Actual hours per
				qualifying volunteer or one hundred hours per such volunteer per calendar year)
				in the first quarter of the calendar year in which coverage for the volunteers
				is effective, along with the employer's regular quarterly report of payroll as
				prescribed by the department; see relevant reporting rules, including WAC
				296-17-935.
The employer's office records shall include, in addition to
				records required under WAC
				296-17-35201, written:
* Registration of each person who has volunteered; and
* Acceptance by the employer to perform work as a
				volunteer.
Order 77-27, § 296-17-930, filed 11/30/77, effective
				  1/1/78; Order 75-28, § 296-17-930, filed 8/29/75, effective
				  10/1/75.
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 296-17-940 - Logger safety initiative

Current through Register Vol. 24-14, July 15, 2024
The logger safety initiative is a loss control initiative as
				authorized by WAC
				296-17-900. The goal of the
				logger safety initiative is to reduce the frequency and severity of injuries in
				the logging industry. The department and industry participants, including
				private land owners, timber industry employers, and the department of natural
				resources, have formed a logger safety task force to develop and implement the
				logger safety initiative. The logger safety initiative will establish
				sector-wide standards for worker training and supervision; establish a
				certification process for individual company safety programs; and review the
				progress of logging operations through mandatory performance-based audits.
				Logging employers with workers involved in manual logging who participate in
				the logger safety initiative may be eligible for a premium discount as
				determined by the department.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17A - Classifications for Washington workers' compensation insurance › Section 296-17A-0104 - Classification 0104

Current through Register Vol. 24-14, July 15, 2024
0104-12
Dredging, N.O.C.
Applies to:
Businesses engaged in providing dredging services to others
				that are not covered by another classification (N.O.C.).
Work activities include, but are not limited to:
* Cleaning, deepening, or widening a body of water such as a
				harbor or other waterway;
* The dredging process removes sand, clay, mud, or other
				material from the body of water that is being dredged.
Machinery used, but are not limited to:
* Scooping dredges;
* Suction dredges.
Exclusions:
* Worker hours engaged in diving operations must be reported
				separately in classification 0202;
* Underground mining operations are classified in 1702;
				and
* Dredging for the production of sand, gravel, or shale is
				classified in 0112.
Note:
For rules on assigning and reporting in more than one
						  basic classification, see WAC
						  296-17-31017 Multiple
						  classifications.
Special note
:
Dredging projects
				could occur on or adjacent to navigable waters (a harbor, river, canal) which
				is defined as those which form a continuous highway for interstate or
				international commerce. Workers who perform the work activities from a vessel
				could be subject to the Admiralty Law which recognizes such work crews and
				workers as a master or member of a vessel, and subject to federal law known as
				the Jones Act. Every person on board a vessel is deemed a seaman if connected
				with the operation while on navigable water. The term vessel has been
				interpreted by the courts to include any type of man-made floating object such
				as a floating derrick or dredge, or type of pontoon which is a flat bottom boat
				or portable float. Workers who perform the work activities from the shoreline
				or from adjacent areas such as an existing dock or bridge may or may not be
				subject to federal law covered under the U.S. Longshore and Harbor Workers Act.
				Usually, dredging projects involve a variety of types of work crews such as
				those working from a floating derrick or dredge, a pontoon, a shoreline dredge,
				workers who are on shore distributing the discharged material, as well as the
				maintenance and repair of the dredge and equipment. Care should be exercised
				prior to assignment of this classification as the workers could be subject to
				either or both of these acts. The criteria used in determining federal law and
				coverage is based on the most current federal court decisions and case
				law.
07-01-014, recodified as § 296-17A-0104, filed 12/8/06,
				  effective 12/8/06. Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-504,
				  filed 8/28/98, effective 10/1/98; 85-24-032 (Order 85-33), § 296-17-504,
				  filed 11/27/85, effective 1/1/86; 83-24-017 (Order 83-36), § 296-17-504,
				  filed 11/30/83, effective 1/1/84; Order 73-22, § 296-17-504, filed
				  11/9/73, effective 1/1/74.