Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17A - Classifications for Washington workers' compensation insurance › Section 296-17A-4805 - Classification 4805

Current through Register Vol. 24-14, July 15, 2024
4805-00 Nurseries, N.O.C
Applies to:
Establishments engaged in the propagation and/or care of trees,
				shrubs, and flowers pending sales to others, not covered by another
				classification (N.O.C).
These businesses are usually either:
* Nurseries actively engaged in the propagation of trees,
				plants, and shrubs from seed, grafting or cuttings; or
* Nurseries that buy stock from growers and resell to the
				public or to commercial customers.
Work in this classification includes
, but is not
				limited to:
* Preparing soil for new trees, shrubs or plants;
* Propagating trees, shrubs or plants;
* Fertilizing;
* Spraying;
* Fumigating;
* Watering;
* Weeding plants, trees and shrubs;
* Pruning trees and shrubs;
* Maintaining or installing sprinkler or irrigation
				systems;
* Incidental greenhouse operations which are typically
				maintained for the purpose of starting new plants, shrubs or trees and
				protecting plants from weather conditions. Greenhouses may also serve as
				holding areas for garden supplies, fertilizer, planting containers, and tools
				which are available for sale to the public;
* Incidental sale of bark, soils, decorative or crushed
				rock;
* Store operations.
What activities are not included in this
				classification?
* Establishments engaged in propagating trees in connection
				with an orchard operation or Christmas tree farm (report in classification 4803
				or classification 7307 as applicable);
* Landscaping contractors who may raise plants, trees or shrubs
				to be used in connection with their own landscaping jobs (report in
				classification 0301 or 0308 as applicable);
* Establishments engaged in growing and harvesting flowers for
				sale to others (report in classification 4802); and
* Contractors hired by farm to install, repair or build any
				farm equipment or structures (report in the classification applicable to the
				work being performed).
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; and
* Generally the work involves manual labor tasks as opposed to
				machine operation.
What risk classification are farm labor contractors to
				report in?
* Farm labor contractors are to be reported in the
				classification that applies to the farm they are contracting with; and
* Contractors who provide both equipment or machinery and the
				machine operators are to be reported in classification 4808 "Custom farm
				services," as the process involved in operating machinery is the same
				regardless of the type of farm they are providing services to or the type of
				crop involved.
4805-05 Nurseries: Tree
Applies to:
Establishments engaged in the propagation and/or care of trees
				for sale.
These businesses are usually either:
* Nurseries actively engaged in the propagation of trees from
				seed and grafting; or
* Nurseries that buy stock from growers and resell to the
				public or to commercial customers.
Work in this classification includes,
but is not
				limited to:
* Preparing soil for new trees;
* Propagating trees;
* Fertilizing;
* Spraying;
* Fumigating;
* Watering;
* Weeding;
* Pruning;
* Maintaining or installing sprinkler or irrigation
				systems;
* Incidental greenhouse operations;
* Incidental sale of beauty bark, soils, decorative or crushed
				rock;
* Store operations.
What activities are not included in this
				classification?
* Establishments engaged in propagating trees in connection
				with an orchard operation or Christmas tree farm (report in classification 4803
				or classification 7307 as applicable);
* Landscape contractors who raise trees to be used in
				connection with their own landscaping jobs (report in classification 0301 or
				0308 as applicable); and
* Contractors hired by farm to install, repair or build any
				farm equipment or structures (report in the classification applicable to the
				work being performed).
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; and
* Generally the work involves manual labor tasks as opposed to
				machine operation.
What risk classification are farm labor contractors to
				report in?
* Farm labor contractors are to be reported in the
				classification that applies to the farm they are contracting with; and
* Contractors who provide both equipment or machinery and the
				machine operators are to be reported in classification 4808 "Custom farm
				services," as the process involved in operating machinery is the same
				regardless of the type of farm they are providing services to or the type of
				crop involved.
4805-06 Farms: Sod growing
Applies to:
Establishments engaged in raising lawn sod for sale.
Work in this classification includes
, but is not
				limited to:
* Preparing soil for new grass;
* Planting grass seed;
* Fertilizing;
* Spraying;
* Fumigating;
* Watering;
* Weeding;
* Mowing grass;
* Maintaining or installing sprinkler or irrigation
				systems.
Note
:
Sod farms may sell directly
				to the public from the farm or through landscape dealers and
				contractors.
What activities are not included in this
				classification?
* Installation of sod at a customer's location;
* Landscaping contractors who may raise sod to be used in
				connection with their landscape jobs; and
* Contractors hired by farm to install, repair or build any
				farm equipment or structures (report in the classification applicable to the
				work being performed).
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; and
* Generally the work involves manual labor tasks as opposed to
				machine operation.
What risk classification are farm labor contractors to
				report in?
* Farm labor contractors are to be reported in the
				classification that applies to the farm they are contracting with; and
* Contractors who provide both equipment or machinery and the
				machine operators are to be reported in classification 4808 "Custom farm
				services," as the process involved in operating machinery is the same
				regardless of the type of farm they are providing services to or the type of
				crop involved.
4805-07 Farms: Aquatic plants
Applies to:
Establishments engaged in the propagation of aquatic plants for
				sale.
Work in this classification includes,
but is not
				limited to:
* Preparing aquatic tanks, fresh water ponds or salt water
				growing areas for new plants;
* Care of aquatic growing beds including chemical treatments of
				beds to eliminate undesirable vegetation;
* Harvesting;
* Packaging plants.
Note
:
Aquatic farms may sell
				plants directly to the public from the farm or through dealers and unrelated
				stores. This classification includes farm store operations.
What activities are not included in this
				classification?
* Establishments engaged in the harvesting, processing, or
				packaging of aquatic plants obtained from natural areas, where the husbandry of
				the resource is not an integral part of the operation (report in classification
				3304); and
* Contractors hired by farm to install, repair or build any
				farm equipment or structures (report in the classification applicable to the
				work being performed).
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; and
* Generally the work involves manual labor tasks as opposed to
				machine operation.
What risk classification are farm labor contractors to
				report in?
* Farm labor contractors are to be reported in the
				classification that applies to the farm they are contracting with; and
* Contractors who provide both equipment or machinery and the
				machine operators are to be reported in classification 4808 "Custom farm
				services," as the process involved in operating machinery is the same
				regardless of the type of farm they are providing services to or the type of
				crop involved.
4805-08 Farms: Shellfish
Applies to:
Establishments engaged in the propagation and harvesting of
				shellfish for sale.
Work in this classification includes,
but is not
				limited to:
* Preparing aquatic tanks or salt water growing areas for
				shellfish;
* Care of aquatic growing beds including chemical treatments of
				beds to eliminate undesirable vegetation;
* Harvesting;
* Shucking;
* Packaging shellfish.
Notes
:
* Shellfish farms may sell directly to the public from a farm
				stand or store, located at or near the farm, or to dealers and unrelated
				stores.
* The distinction between risks assigned to this classification
				(4805-08) and those which are subject to the federal Jones Act is in the
				location of the work activity. Risks subject to classification 4805 are engaged
				in hand harvesting activities which includes the use of hand-held tools or
				mechanical harvesting operations not on navigable waters, while those subject
				to the Jones Act are engaged in activities on a vessel while on navigable
				waters.
What activities are not included in this
				classification?
* Establishments engaged in the harvesting, processing or
				packaging of shellfish obtained from natural areas of non-navigable waters
				where the husbandry of the resource is not an integral part of the operation
				(report in classification 3304);
* Employees working on or from a vessel, as a captain or member
				of that vessel's crew, who are to be insured under the federal Jones Act
				according to the provisions of maritime law; and
* Contractors hired by farm to install, repair or build any
				farm equipment or structures (report in the classification applicable to the
				work being performed).
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 seeding of
				larvae to mother shells and planting shells to natural waters; and
* Generally the work involves manual labor tasks as opposed to
				machine operation.
What risk classification are farm labor contractors to
				report in?
* Farm labor contractors are to be reported in the
				classification that applies to the farm they are contracting with; and
* Contractors who provide both equipment or machinery and the
				machine operators are to be reported in classification 4808 "Custom farm
				services," as the process involved in operating machinery is the same
				regardless of the type of farm they are providing services to or the type of
				crop involved.
4805-09 Christmas tree sales from U-cut or retail sales
				lots
Applies to:
Establishments engaged in retail sales of Christmas
				trees.
Special note
:
Establishments
				assigned to 4805-09 should report hours in this classification only during the
				fourth quarter of each year, since these sales are confined to the Christmas
				season.
Work in this classification includes,
but is not
				limited to:
* Placing trees in stands or on racks for display
				purposes;
* Showing trees to retail customers;
* Cashiering;
* Monitoring and directing traffic in the sales lot
				area;
* Loading trees into customer vehicles.
Note
:
Tree sales may be conducted
				at a farm location, as in the case of a U-cut tree operation, or at a seasonal
				sales lot.
What activities are not included in this
				classification?
* All farming operations such as, but not limited to,
				preparation of soil for new trees, propagating and planting trees;
* Fertilizing;
* Spraying;
* Fumigating;
* Watering;
* Weeding;
* Pruning;
* Harvesting;
* Maintaining or installing sprinkler or irrigation systems
				(report in classification 7307);
* Christmas tree wholesalers and Christmas tree baling and
				packing operations (report in classification 7307); and
* Contractors hired by farm to install, repair or build any
				farm equipment or structures (report in the classification applicable to the
				work being performed).
Special note
:
The farm labor
				contractor provision is not applicable to this classification as such
				establishments are not engaged in a farming operation.
07-01-014, recodified as § 296-17A-4805, filed 12/8/06,
				  effective 12/8/06. Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100. 05-23-161, §
				  296-17-646, filed 11/22/05, effective 1/1/06. Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-646,
				  filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-646, filed 5/31/96,
				  effective 7/1/96. Statutory Authority:
				  RCW
				   51.04.020(1) and
				  51.16.035. 93-12-093, §
				  296-17-646, filed 5/31/93, effective 7/1/93; 89-24-051 (Order 89-22), §
				  296-17-646, filed 12/1/89, effective 1/1/90. Statutory Authority:
				  RCW
				   51.16.035. 85-24-032 (Order 85-33), §
				  296-17-646, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), §
				  296-17-646, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), §
				  296-17-646, filed 11/30/83, effective 1/1/84. Statutory Authority:
				  RCW
				   51.04.020(1) and
				  51.16.035. 78-12-043 (Order
				  78-23), § 296-17-646, filed 11/27/78, effective 1/1/79; Order 75-38,
				  § 296-17-646, filed 11/24/75, effective 1/1/76; Order 73-22, §
				  296-17-646, filed 11/9/73, effective
				  1/1/74.