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 296-17-31027 - Temporary staffing services

Current through Register Vol. 24-14, July 15, 2024
(1)
To whom does this rule apply?
This rule applies to any temporary
			 staffing business providing temporary employees to a client customer.
(2)
Who pays the workers' compensation
			 insurance premium for temporary staffing employees?
RCW
			  51.16.060 requires the temporary staffing
			 service provider to pay the required premiums for temporary employees assigned
			 to a client customer.
Note:
If the temporary staffing service provider fails to
							 pay the required premium to labor and industries, the client customer is
							 responsible for the unpaid premium.
(3)
How are classifications determined for a temporary staffing
			 business?
We will assign the classification or classifications to your
			 business based on the nature of your business.
Note:
This process is identical to how classifications are
							 assigned to a nontemporary staffing business.
(4)
Are there special classifications that apply to temporary staffing
			 businesses?
Yes, we have created a series of special classifications
			 that only temporary staffing businesses use. They are found in WAC
			 296-17A-7104 through
			 296-17A-7122.
Example: A temporary staffing business that specializes in
				providing nurses to medical facilities would be assigned the temporary staffing
				classification for health care facilities.
Example: A temporary staffing business that provides temporary
				employees to a variety of client customers would be assigned multiple temporary
				staffing classifications.
(5)
Do other businesses have special
			 classifications?
All businesses have special classifications.
Example: A nontemporary service employer engaged exclusively in
				plumbing work would have a plumbing classification assigned to their
				business.
Example: A nontemporary service employer engaged in framing
				houses, land clearing and roofing would have a classification for framing, one
				for land clearing and a separate classification for the roof work. This is done
				because construction work is done by contract and each contract will be
				different.
(6)
Why
			 doesn't labor and industries just use nontemporary staffing classifications for
			 temporary staffing businesses?
Temporary staffing companies requested
			 labor and industries to create special classifications for their industry. The
			 alternative to special industry classifications would result in temporary
			 staffing business using the nontemporary staffing classification that their
			 client customer uses. Labor and industries has over three hundred main
			 classifications and twelve hundred subclassifications that employers report in.
			 Requiring temporary staffing companies to use all of these classifications
			 would result in an administrative burden for the temporary staffing businesses.
			 Classifications unique to temporary staffing provide temporary staffing
			 businesses the incentives to improve safety for their employees and control the
			 cost of workers' compensation insurance.
Statutory Authority:
				  RCW
				  51.04.020,
				  51.16.035, and
				  51.16.100. 12-11-109, §
				  296-17-31027, filed 5/22/12, effective 7/1/12. Statutory Authority:
				  RCW
				   51.04.020 and
				  51.16.035. 03-20-081, §
				  296-17-31027, filed 9/30/03, effective 1/1/04. Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-31027,
				  filed 8/28/98, effective 10/1/98.