Current through Register Vol. 24-06, March 15, 2024
(1)
Professional and semiprofessional
athletic teams. Athletes assigned and under contract to a
Washington-domiciled sports team are mandatorily covered by Washington
industrial insurance. Athletes assigned to a Washington-domiciled sports team
but under contract with a parent team domiciled outside of the state are
mandatorily covered by Washington industrial insurance unless the player is
eligible for coverage in another state, and there is a valid coverage agreement
as described below.
A player is eligible for coverage in another state only when
both the player and the employer agree in writing that the employment is
principally localized in that state.
Example: If the Washington-based team is a part of
a league with teams in only Washington, Oregon, and Idaho, the player and the
employer can agree to any of those three states to provide coverage. However,
they cannot agree to be under California coverage since California doesn't
qualify as a state in which the player competes in regularly scheduled
games.
(a) Upon request, the
department will provide forms to the owners of professional and
semiprofessional sports teams for entering into agreements for both the sport
player and the sport team. These agreements are referred to as "coverage
agreements." Unless coverage is refused in the alternative state, the coverage
agreement will determine the worker's home state for workers' compensation
coverage.
(b) When a sport team and
a player agree to workers' compensation coverage in another state, the
following rules apply:
Sport player coverage agreement:
(i) A sport player coverage agreement must be
signed by the team (employer) and each individual player (worker) covered
out-of-state. Workers' compensation premiums for any work performed by the
player before the agreement was signed must be paid to the department. To be
valid, an agreement must be:
* Signed by both parties, dated, and show the name of the state
where coverage is provided.
* Agree that the player's employment is principally located in
that state.
* Kept as part of the employer's records for at least three
years after the player is released from the team.
(ii) The employer must provide the department
a copy of a sport player coverage agreement when requested. Employers who do
not provide the department copies of a sport player coverage agreement when
requested are considered not to have secured payment of compensation as
required and all premiums and penalties allowed for in Title 51 RCW will
apply.
(iii) If the employers'
out-of-state workers' compensation insurer rejects an injury claim because the
player is a Washington worker, the employer is considered not to have secured
payment of compensation as required and all premium and penalties allowed for
in Title 51 RCW apply.
Sport team coverage agreement:
(c) A sport team coverage agreement must be
signed by the employer (team) and the qualifying out-of-state workers'
compensation insurer. Workers' compensation premiums for work performed before
the agreement was signed must be paid to the department. To be valid, an
agreement must:
* Be signed by both parties, dated, and show the name of the
state where coverage is provided.
* Specify that the team's players are principally localized in
that state.
* Specify the insurer agreeing to provide coverage for a team
based in Washington.
(d) The
sport team coverage agreement must be signed annually. Copies of the agreement
along with a current copy of the team's out-of-state insurance policy must be
submitted to the department of labor and industries every year the out-of-state
coverage is provided.
Premium payments are required for any work performed by
Washington players prior to the date the department receives copies of any
year's current sports teams' coverage agreement and proof of out-of-state
coverage.
(2)
Excluded employments. Any employer having any person in their
employ excluded from industrial insurance whose application for coverage under
the elective adoption provisions of
RCW
51.12.110 or authority of
RCW
51.12.095 or
51.32.030 has been accepted by the
director shall report and pay premium on the actual hours worked for each such
person who is paid on an hourly, salaried, part time, percentage of profit or
piece basis; or 160 hours per month for any such person paid on a salary basis
employed full time. In the event records disclosing actual hours worked are not
maintained by the employer for any person paid on an hourly, salaried, part
time, percentage of profits or piece basis, the worker hours of such person
shall be determined by dividing the gross wages of such person by the state
minimum wage for the purpose of premium calculation. However, when applying the
state minimum wage the maximum number of hours assessed for a month will be
160.
(3)
Special trucking
industry rules. The following subsection shall apply to all trucking
industry employers as applicable. This subsection does not apply to workers
working for trucking industry employers when those workers are not included in
the scope of classification 1102.
(a)
Insurance liability. Every trucking industry employer operating as an
intrastate carrier or a combined intrastate and interstate carrier or with any
workers engaged in intrastate truck driving must insure their workers'
compensation insurance liability through the Washington state fund or be
self-insured with the state of Washington.
Washington employers operating exclusively in interstate or
foreign commerce or any combination of interstate and foreign commerce must
insure their workers' compensation insurance liability for their Washington
workers:
* With the Washington state fund; or
* Be self-insured with the state of Washington; or
* Provide workers' compensation insurance, that does not
exclude Washington, for their Washington workers under the laws of another
state when such other state law provides for such coverage.
Interstate or foreign commerce trucking employers who insure
their workers' compensation insurance liability under the laws of another state
must provide the department with copies of their current policy and applicable
endorsements upon request.
Employers who elect to insure their workers' compensation
insurance liability under the laws of another state and who fail to provide
updated policy information when requested to do so will be declared an
unregistered employer and subject to all the penalties contained in Title 51
RCW.
(b) Reporting. Trucking
industry employers insuring their workers' compensation insurance liability
with the Washington state fund shall keep and preserve all original time
records/books including supporting information from drivers' logs for a period
of three calendar years plus three months.
Employers are to report actual hours worked, including time
spent loading and unloading trucks, for each driver in their employ. For
purposes of this section, actual hours worked does not include time spent
during lunch or rest periods or overnight lodging.
Failure of employers to keep accurate records of actual hours
worked by their workers will result in the department estimating work hours by
dividing gross payroll wages by the state minimum wage for each worker for whom
records were not kept. However, in no case will the estimated or actual hours
to be reported exceed 520 hours per calendar quarter for each worker.
(c) Exclusions. Trucking industry
employers meeting all of the following conditions are exempted from mandatory
coverage.
(i) Must be engaged exclusively in
interstate or foreign commerce.
(ii) Must have elected to cover their
Washington workers on a voluntary basis under the Washington state fund and
must have elected such coverage in writing on forms provided by the
department.
(iii) After having
elected coverage, withdrew such coverage in writing to the department on or
before January 2, 1987.
If all the conditions set forth in (i), (ii), and (iii) of this
subsection have not been met, employers must insure their workers' compensation
insurance liability with the Washington state fund or under the laws of another
state.
(d)
Definitions. For purposes of interpretation of
RCW
51.12.095(1) and
administration of this section, the following terms shall have the meanings
given below:
(i) "Agents" means individuals
hired to perform services for the interstate or foreign commerce carrier that
are intended to be carried out by the individual and not contracted out to
others but does not include owner operators as defined in
RCW
51.12.095(1).
(ii) "Contacts" means locations at which
freight, merchandise, or goods are picked up or dropped off within the
boundaries of this state.
(iii)
"Doing business" means having any terminals, agents or contacts within the
boundaries of this state.
(iv)
"Employees" means the same as the term "worker" as contained in
RCW
51.08.180.
(v) "Interstate carrier" means a carrier that
hires drivers engaged in interstate trucking.
(vi) "Interstate truck driving" is operating
a truck hauling goods either to or from an out-of-state destination.
(vii) "Intrastate carrier" means a carrier
that hires drivers engaged in intrastate trucking.
(viii) "Intrastate truck driving" is
operating a truck hauling goods between locations within the boundaries of
Washington state. In-trastate truck driving includes when the origin or
destination of the load is out-of-state but the driver does not continue
out-of-state with the load.
For purposes of this section the content of the load or the
existence of any actual load is not material, so long as the driver is engaged
in work for the employer.
(ix) "Terminals" means a physical location
wherein the business activities (operations) of the trucking company are
conducted on a routine basis. Terminals will generally include loading or
shipping docks, warehouse space, dispatch offices and may also include
administrative offices.
(x)
"Washington" shall be used to limit the scope of the term " worker." When used
with the term " worker" it will require the following test for benefit purposes
(all conditions must be met).
* The individual must be hired in Washington or must have been
transferred to Washington; and
* The individual must perform some work in Washington (i.e.,
driving, loading, or unloading trucks).
(4)
Forest, range, or timber land
services-Industry rule. 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 coverage for
their covered workers. In the administration of Title 51 RCW, and as it
pertains to the forest, range, or timber land services industry, 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 representative of the department who has
requested them.
Failure to produce these required records within 30 days of the
request, or within an agreed upon time period, shall constitute noncompliance
of this rule and
RCW
51.48.030 and
51.48.040. Employers whose premium
computations are made by the department in accordance with (d) of this
subsection are barred from questioning, in an appeal before the board of
industrial insurance appeals or the courts, the correctness of any assessment
by the department on any period for which such records have not been kept,
preserved, or produced for inspection as provided by law.
(a) General definitions. For purpose of
interpretation of this section, the following terms shall have the meanings
given below:
(i) "Actual hours worked" means
each workers' composite work period beginning with the starting time of day
that the employees' work day commenced, and includes the entire work period,
excluding any non-paid lunch period, and ending with the quitting time each day
work was performed by the employee.
(ii) "Work day" shall mean any consecutive
24hour period.
(b)
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 the
employment occurred:
(i) The name of each
worker;
(ii) The Social Security
number of each worker;
(iii) The
beginning date of employment for each worker and, if applicable, the separation
date of employment for each such worker;
(iv) The basis upon which wages are paid to
each worker;
(v) The number of
units earned or produced for each worker paid on a piece-work basis;
(vi) The risk classification(s) applicable to
each worker;
(vii) The number of
actual hours worked by each worker, unless another basis of computing hours
worked is prescribed in WAC
296-17-31021. For purposes of
chapter 296-17 WAC, this record must clearly show, by work day, the time of day
the employee commenced work, and the time of day work ended;
(viii) 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;
(ix) In the event a single worker's time is
divided between two or more risk classifications, the summary contained in
(b)(viii) of this subsection shall be further broken down to show the actual
hours worked in each risk classification for the worker;
(x) The workers' total gross pay period
earnings;
(xi) The specific sums
withheld from the earnings of each worker, and the purpose of each sum
withheld;
(xii) The net pay earned
by each such worker.
(c)
Business, financial records, and record retention. Every employer is required
to keep and preserve all original time records completed by their employees for
a three-year period. The three-year period is specified in WAC
296-17-352 as the composite
period from the date any such premium became due.
Employers who pay their workers by check are required to keep
and preserve a record of all check registers and canceled checks; and employers
who pay their workers by cash are required to keep and preserve records of
these cash transactions which provide a detailed record of wages paid to each
worker.
(d) Recordkeeping -
Estimated premium computation. Any employer required by this section to make,
keep, and preserve records containing the information as specified in (b) and
(c) of this subsection, who fails to make, keep, and preserve such records,
shall have premiums calculated as follows:
(i)
Estimated worker hours shall be computed by dividing the gross wages of each
worker for whom records were not maintained and preserved, by the state's
minimum wage, in effect at the time the wages were paid or would have been
paid. However, the maximum number of hours to be assessed under this provision
will not exceed 520 hours for each worker, per quarter for the first audited
period. Estimated worker hours computed on all subsequent audits of the same
employer that disclose a continued failure to make, keep, or preserve the
required payroll and employment records shall be subject to a maximum of 780
hours for each worker, per quarter.
(ii) In the event an employer also has failed
to make, keep, and preserve the records containing payroll information and
wages paid to each worker, estimated average wages for each worker for whom a
payroll and wage record was not maintained will be determined as follows: The
employer's total gross income for the audit period (earned, received, or
anticipated) shall be reduced by 35 percent to arrive at "total estimated
wages." Total estimated wages will then be divided by the number of employees
for whom a record of actual hours worked was not made, kept, or preserved to
arrive at an "estimated average wage" per worker. Estimated hours for each
worker will then be computed by dividing the estimated average wage by the
state's minimum wage in effect at the time the wages were paid or would have
been paid as described in (d)(i) of this subsection.
(e) Reporting requirements and premium
payments.
(i) Every employer who is awarded a
forest, range, or timber land services contract must report the contract to the
department promptly when it is awarded, and prior to any work being commenced,
except as provided in (e)(iii) of this subsection. Employers reporting under
the provisions of (e)(iii) of this subsection shall submit the informational
report with their quarterly report of premium. The report shall include the
following information:
(A) The employers'
unified business identification account number (UBI).
(B) Identification of the landowner, firm, or
primary contractor who awarded the contract, including the name, address, and
phone number of a contact person.
(C) The total contract award.
(D) Description of the forest, range, or
timber land services work to be performed under terms of the
contract.
(E) Physical
location/site where the work will be performed including legal
description.
(F) Number of acres
covered by the contract.
(G) Dates
during which the work will be performed.
(H) Estimated payroll and hours to be worked
by employees in performance of the contract.
(ii) Upon completion of every contract issued
by a landowner or firm that exceeds a total of $10,000, the contractor
primarily responsible for the overall project shall, in addition to the
required informational report described in (e)(i) of this subsection, report
the payroll and hours worked under the contract, and submit payment for
required industrial insurance premiums. In the event that the contracted work
is not completed within a calendar quarter, interim quarterly reports and
premium payments are required for each contract for all work done during the
calendar quarter. The first such report and payment is due at the end of the
first calendar quarter in which the contract work is begun. Additional interim
reports and payments will be submitted each quarter thereafter until the
contract is completed. This will be consistent with the quarterly reporting
cycle used by other employers. Premiums for a calendar quarter, whether
reported or not, shall become due and delinquent on the day immediately
following the last day of the month following the calendar quarter.
(iii) A contractor may group contracts issued
by a landowner, firm, or other contractor that total less than $10,000 together
and submit a combined quarterly report of hours, payroll, and the required
premium payment in the same manner and periods as nonforestation, range, or
timber land services employers.
(f) Out-of-state employers. Forest, range, or
timber land services contractors domiciled outside of Washington state must
report on a contract basis regardless of contract size for all forest, range,
or timber land services work done in Washington state. Out-of-state employers
will not be permitted to have an active Washington state industrial insurance
account for reporting forest, range, or timber land services work in the
absence of an active Washington forest, range, or timber land services
contract.
(g) Work done by
subcontract. Any firm primarily responsible for work to be performed under the
terms of a forest, range, or timber land services contract, that subcontracts
out any work under a forest, range, or timber land services contract must send
written notification to the department prior to any work being done by the
subcontractor. This notification must include the name, address, Social
Security number, farm labor contractor number, (UBI) of each subcontractor, and
the amount and description of contract work to be done by
subcontract.
(h) Forest, range, or
timber land services contract release -Verification of hours, payroll, and
premium. The department may verify reporting of contractors by way of an
on-site visit to an employer's work site. This on-site visit may include close
monitoring of employees and employee work hours. Upon receipt of a premium
report for a finished contract, the department may conduct an audit of the
firm's payroll, employment, and financial records to validate reporting. The
entity that awarded the contract can verify the status of the contractors'
accounts online at the department's website (
www.lni.wa.gov) or by calling the account manager.
The landowner, firm, or contractor will not be released from premium liability
until the final report for the contract from the primary contractor and any
subcontractors has been received and verified by the department.
(i) Premium liability - Work done by
contract. Washington law (RCW 51.12.070) places
the responsibility for industrial insurance premium payments primarily and
directly upon the person, firm, or corporation who lets a contract for all
covered employment involved in the fulfillment of the contract terms. Any such
person, firm, or corporation letting a contract is authorized to collect from
the contractor the full amount payable in premiums. The contractor is in turn
authorized to collect premiums from any subcontractor they may employ his or
her proportionate amount of the premium payment.
To eliminate premium liability for work done by contract
permitted by Title 51 RCW, any person, firm, or corporation who lets a contract
for forest, range, or timber land services work must submit a copy of the
contract they have let to the department and verify that all premiums due under
the contract have been paid.
Each contract submitted to the department must include within
its body, or on a separate addendum, all of the following items:
(i) The name of the contractor who has been
engaged to perform the work;
(ii)
The contractor's UBI number;
(iii)
The contractor's farm labor contractor number;
(iv) The total contract award;
(v) The date the work is to be commenced; a
description of the work to be performed including any pertinent acreage
information;
(vi) Location where
the work is to be performed;
(vii)
A contact name and phone number of the person, firm, or corporation who let the
contract;
(viii) The total
estimated wages to be paid by the contractor and any subcontractors;
(ix) The amount to be subcontracted out if
such subcontracting is permitted under the terms of the contract;
(x) The total estimated number of worker
hours anticipated by the contractor and his/her subcontractors in the
fulfillment of the contract terms;
(j) Reports to be mailed to the department.
All contracts, reports, and information required by this section are to be sent
to:
The Department of Labor and Industries
Reforestation Team 8
P.O. Box 44168
Olympia, Washington 98504-4168
(k) Rule applicability. If any portion of
this section is declared invalid, only that portion is repealed. The balance of
the section shall remain in effect.
(5)
Logging and/or tree
thinning-Mechanized operations-Industry rule. The following subsection
shall apply to all employers assigned to report worker hours in risk
classification 5005, WAC
296-17A-5005.
(a) Every employer having operations subject
to risk classification 5005 "logging and/or tree thinning - Mechanized
operations" shall have their operations surveyed by labor and industries
insurance services staff prior to the assignment of risk classification 5005 to
their account. Annual surveys may be required after the initial survey to
retain the risk classification assignment.
(b) Every employer assigned to report
exposure (work hours) in risk classification 5005 shall supply an addendum
report with their quarterly premium report which lists the name of each
employee reported under this classification during the quarter, the Social
Security number of such worker, the piece or pieces of equipment the employee
operated during the quarter, the number of hours worked by the employee during
the quarter, and the wages earned by the employee during the
quarter.
(6)
Special drywall industry rule.
(a)
What is the unit of exposure for
drywall reporting? Your premiums for workers installing and finishing
drywall (reportable in risk classifications 0540, 0541, 0550, and 0551) are
based on the amount of material installed and finished, not the number of hours
worked.
The amount of material installed equals the amount of material
purchased or taken from inventory for a job. No deduction can be made for
material scrapped (debris). A deduction is allowed for material returned to the
supplier or inventory.
The amount of material finished for a job equals the amount of
material installed. No deduction can be made for a portion of the job that is
not finished (base layer of double-board application or unfinished
rooms).
Example: Drywall installation firm purchases 96 4' x 8' sheets
of material for a job which includes some double-wall installation. The firm
hangs all or parts of 92 sheets, and returns 4 sheets to the supplier for
credit. Drywall finishing firm tapes, primes and textures the same job. Both
firms should report 2,944 square feet (4 x 8 x 92) for the job.
(b)
I do some of the work
myself. Can I deduct material I as an owner install or finish? Yes.
Owners (sole proprietors, partners, and corporate officers) who have not
elected coverage may deduct material they install or finish.
When you as an owner install (including scrap) or finish
(including tape and prime or texture) only part of a job, you may deduct an
amount of material proportional to the time you worked on the job, considering
the total time you and your workers spent on the job.
To deduct material installed or finished by owners, you must
report to the department by job, project, site or location the amount of
material you are deducting for this reason. You must file this report at the
same time you file your quarterly report:
Total owner hours ÷ (owner hours + worker hours) = % of
owner discount.
% of owner discount x (total footage of job - subcontracted
footage, if any) = Total owner deduction of footage.
(c)
Can I deduct material installed or
finished by subcontractors? You may deduct material installed or taped
by subcontractors you are not required to report as your workers. You may not
deduct for material only scrapped or primed and textured by subcontractors.
To deduct material installed or taped by subcontractors, you
must report to the department by job, project, site or location the amount of
material being deducted. You must file this report at the same time you file
your quarterly report. You must have and maintain business records that support
the number of square feet worked by the subcontractor.
(d)
I understand there are discounted
rates available for the drywall industry. How do I qualify for them? To
qualify for discounted drywall installation and finishing rates, you must:
(i) Have an owner attend two workshops the
department offers (one workshop covers claims and risk management, the other
covers premium reporting and recordkeeping);
(ii) Provide the department with a voluntary
release authorizing the department to contact material suppliers directly about
the firm's purchases;
(iii) Have
and keep all your industrial insurance accounts in good standing (including the
accounts of other businesses in which you have an ownership interest), which
includes fully and accurately reporting and paying premiums as they come due,
including reporting material deducted as owner or subcontractor work;
(iv) Provide the department with a
supplemental report (filed with the firm's quarterly report) showing by
employee the employee's name, Social Security number, the wages paid them
during the quarter, how they are paid (piece rate, hourly, etc.), their rate of
pay, and what work they performed (installation, scrapping, taping,
priming/texturing); and
(v)
Maintain accurate records about work you subcontracted to others and materials
provided to subcontractors (as required by WAC
296-17-31013), and about payroll
and employment (as required by WAC
296-17-35201).
The discounted rates will be in effect beginning with the first
quarter your business meets all the requirements for the discounted
rates.
Note:
|
If you are being audited by the department while your
application for the discounted classifications is pending, the department will
not make a final decision regarding your rates until the audit is
completed.
|
(e)
Can I be disqualified from using
the discounted rates? Yes. You can be disqualified from using the
discounted rates for three years if you:
(i)
Do not file all reports, including supplemental reports, when due;
(ii) Do not pay premiums on time;
(iii) Underreport the amount of premium due;
or
(iv) Fail to maintain the
requirements for qualifying for the discounted rates.
Disqualification takes effect when a criterion for
disqualification exists.
Example: A field audit in 2002 reveals that the drywall
installation firm underreported the amount of premium due in the second quarter
of 2001. The firm will be disqualified from the discounted rates beginning with
the second quarter of 2001, and the premiums it owed for that quarter and
subsequent quarters for three years will be calculated using the nondiscounted
rates.
If the drywall underwriter learns that your business has failed
to meet the conditions as required in this rule, your business will need to
comply to retain using the discounted classifications. If your business does
not comply promptly, the drywall underwriter may refer your business for an
audit.
If, as a result of an audit, the department determines your
business has not complied with the conditions in this rule, your business will
be disqualified from using the discounted classifications for three years 36
months) from the period of last noncom-pliance.
(f)
If I discover I have made an error
in reporting or paying premium, what should I do? If you discover you
have made a mistake in reporting or paying premium, you should contact the
department and correct the mistake. Firms not being audited by the department
that find errors in their reporting and paying premiums, and that voluntarily
report their errors and pay any required premiums, penalties and interest
promptly, will not be disqualified from using the discounted rates unless the
department determines they acted in bad faith.
(7)
Safe patient handling rule.
The following subsection will apply to all hospital industry employers as
applicable.
(a) Definitions. For the purpose
of interpretation of this section, the following terms shall have the meanings
given below:
(i) "Hospital" means an "acute
care hospital" as defined in (a)(ii) of this subsection, a "mental health
hospital" as defined in (a)(iii) of this subsection, or a "hospital, N.O.C.
(not otherwise classified)" as defined in (a)(iv) of this subsection.
(ii) "Acute care hospital" means any
institution, place, building, or agency providing accommodations, facilities,
and services over a continuous period of 24 hours or more for observation,
diagnosis, or care of two or more individuals not related to the operator who
are suffering from illness, injury, deformity, or abnormality, or from any
other condition for which obstetrical, medical, or surgical services would be
appropriate for care or diagnosis. "Hospital" as used in this rule does not
include:
* Hotels, or similar places furnishing only food and lodging,
or simply domiciliary care;
* Clinics, or physicians' offices where patients are not
regularly kept as bed patients for 24 hours or more;
* Nursing homes, as defined and which come within the scope of
chapter 18.51 RCW;
* Birthing centers, which come within the scope of chapter
18.46 RCW;
* Psychiatric or alcoholism hospitals, which come within the
scope of chapter 71.12 RCW;
* Any other hospital or institution specifically intended for
use in the diagnosis and care of those suffering from mental illness, mental
retardation, convulsive disorders, or other abnormal mental conditions.
Furthermore, nothing in this chapter will be construed as
authorizing the supervision, regulation, or control of the remedial care or
treatment of residents or patients in any hospital conducted for those who rely
primarily upon treatment by prayer or spiritual means in accordance with the
creed or tenets of any well-recognized church or religious
denominations.
(iii) "Mental
health hospital" means any hospital operated and maintained by the state of
Washington for the care of the mentally ill.
(iv) "Hospitals, N.O.C." means health care
facilities that do not qualify as acute care or mental health hospitals and may
be privately owned facilities established for purposes such as, but not limited
to, treating psychiatric disorders and chemical dependencies or providing
physical rehabilitation.
(v) "Safe
patient handling" means the use of engineering controls, lifting and transfer
aids, or assistance devices, by lift teams or other staff, instead of manual
lifting to perform the acts of lifting, transferring and repositioning health
care patients.
(vi) "Lift team"
means hospital employees specially trained to conduct patient lifts, transfers,
and repositioning using lifting equipment when appropriate.
(vii) "Department" means the department of
labor and industries.
(b)
Hospitals will report worker hours in the risk classification that describes
the nature of their operations and either their level of implementation of, or
need for, the safe patient handling program.
(c) A fully implemented safe patient handling
program must include:
(i) Acquisition of at
least the minimum number of lifts and/or appropriate equipment for use by lift
teams as specified in chapters 70.41 and 72.23 RCW.
(ii) An established safe patient handling
committee with at least one-half of its membership being front line,
nonmanagerial direct care staff to design and recommend the process for
implementing a safe patient handling program.
(iii) Implementation of a safe patient
handling policy for all shifts and units.
(iv) Conducting patient handling hazard
assessments to include such variables as patient-handling tasks, types of
nursing units, patient populations, and the physical environment of patient
care areas.
(v) Developing a
process to identify appropriate use of safe patient handling policy based on a
patient's condition and availability of lifting equipment or lift
teams.
(vi) Conducting an annual
performance evaluation of the program to determine its effectiveness with
results reported to the safe patient handling committee.
(vii) Consideration, when appropriate, to
incorporate patient handling equipment or the physical space and construction
design needed to incorporate that equipment at a later date during new
construction or remodeling.
(viii)
Development of procedures that allow employees to choose not to perform or
participate in patient handling activities that the employee believes will pose
a risk to him/herself or to the patient.
(d) Department staff will conduct an on-site
survey of each acute care and mental health hospital before assigning a risk
classification. Subsequent surveys may be conducted to confirm whether the
assigned risk classification is still appropriate.
(e) To remain in classification 6120-00 or
7200-00, a hospital must submit a copy of the annual performance evaluation of
their safe patient handling program, as required by chapters 70.41 and 72.23
RCW, to the Employer Services Program, Department of Labor and Industries, P.O.
Box 44140, Olympia, Washington, 98504.
(8)
Rules concerning work by Washington
employers outside the state of Washington (extraterritorial coverage).
(a)
General definitions. For
purposes of this section, the following terms mean:
(i) "Actual hours worked" means the total
hours of each Washington worker's composite work period during which work was
performed by the worker beginning with the time the worker's work day
commenced, and ending with the quitting time each day excluding any nonpaid
lunch period.
(ii) "Work day" means
any consecutive 24-hour period.
(iii) "Temporary and incidental" means work
performed by Washington employers on jobs or at job sites in another state for
30 or fewer consecutive or nonconsecutive full or partial work days within a
calendar year. Temporary and incidental work days are calculated on a per state
basis. The 30-day temporary and incidental period begins on January 1 of each
year.
(iv) "Proof of out-of-state
coverage" means a copy of a valid certificate of liability insurance for
workers' compensation issued by:
(A) An
insurer licensed to write workers' compensation insurance coverage in that
state; or
(B) A state workers'
compensation fund in the state in which the employer will be working.
Note:
|
Most certificates are written for a one-year period.
The employer must provide the department with a current certificate of
liability insurance for workers' compensation covering all periods the employer
works in another state. If the policy is canceled, the employer must provide
the department with a current in-force policy.
|
(v) "Worker" means every person in this state
who is engaged in the employment of an employer under Title 51 RCW whether by
way of manual labor or otherwise in the course of his or her employment; also
every person in this state who is engaged in the employment of or who is
working under an independent contract, the essence of which is his or her
personal labor for an employer whether by way of manual labor or
otherwise.
(vi) "Employer" means
any person, body of persons, corporate or otherwise, and the legal
representatives of a deceased employer, all while engaged in this state in any
work covered by the provisions of Title 51 RCW, by way of trade or business, or
who contracts with one or more workers, the essence of which is the personal
labor of such worker or workers.
(b)
Does a Washington employer have to
pay premiums in both states while Washington workers are temporarily working in
another state? A Washington employer must continue to pay Washington
premiums for Washington workers performing temporary and incidental work in
another state. If the Washington employer has Washington workers who work for
more than 30 days in another state, that employer will not need to pay premiums
in Washington for work in the other state during the calendar year, as long as
that employer fulfills the following requirements:
(i) Provides the department with proof of
out-of-state coverage for the Washington workers working
out-of-state.
(ii) Keeps the policy
continuously in force from the date the Washington employer's work exceeds the
temporary and incidental period until the date the Washington employer no
longer has Washington workers working in the other state. Failure to maintain a
policy at the required level of workers' compensation coverage for the number
of Washington workers working out-of-state may subject the Washington employer
to payment of all premiums, penalties, and interest dues in the state of
Washington.
(iii) For the first
quarterly reporting period and all subsequent quarters during the same calendar
year following the date the Washington employer's work exceeds the temporary
and incidental period in the other state, the Washington employer must file a
supplemental report of out-of-state work with their workers' compensation
employer's quarterly report with the department. This supplemental report is
available at
www.lni.wa.gov/OutofState.
(iv) Subitems (b)(i), (ii), and (iii) of this
subsection must be met in each state in which the Washington employer has
Washington workers working in excess of the temporary and incidental period.
Note:
|
Workers' compensation coverage requirements vary widely
among states. Washington employers should contact the regulatory agency in
other states to determine the appropriate premium and coverage obligations in
those states.
|
(c)
What if a Washington employer knows
the Washington workers' work in another state will exceed the temporary and
incidental period?
If the Washington employer knows their Washington workers will
be working in another state in excess of the temporary and incidental period,
the employer must immediately provide the department with proof of out-of-state
coverage in order to avoid Washington premium liability for hours worked during
the temporary and incidental period.
Reminder: The temporary and incidental period applies
separately to each state in which the Washington employer worked.
(d)
What if a Washington
employer anticipates its out-of-state work will exceed the temporary and
incidental period, but that does not occur? If a Washington employer did
not pay workers' compensation premium to Washington during the temporary and
incidental period, and at the end of the calendar year Washington workers of
the Washington employer had worked fewer than 30 consecutive or nonconsec-utive
days in another state, by the filing of the fourth quarter report, the
Washington employer must file amended reports for the calendar year. The
employer may be required to pay Washington premiums, penalties, and interest.
The fourth quarter report is due by January 31 of the following year.
(e)
What records must the employer keep
while employing Washington workers in another state? In addition to
filing the supplemental report of out-of-state work, the Washington employer is
required to keep the same records that are kept for Washington workers working
in Washington. The records are listed in WAC
296-17-35201 and must be provided
at the time of audit to any authorized representative of the department who has
requested them.
(f)
What
reports does a Washington employer file to avoid paying Washington workers'
compensation premiums when employing Washington workers in another state for
work that exceeds temporary and incidental? A Washington employer must
submit the workers' compensation employer's quarterly report and a supplemental
report of out-of-state work to the department for each state in which that
employer has Washington workers performing work. The supplemental report must
include the following information:
(i) The
Washington employer's unified business identification number (UBI).
(ii) The Washington employer's department
account identification number.
(iii) The Social Security numbers for those
Washington worker(s) performing work out-of-state.
(iv) The last name, first name, and middle
initial of those Washington worker(s) performing work out-of-state.
(v) The gross payroll paid during the quarter
for those Washington worker(s) performing work out-of-state.
(vi) The Washington workers' compensation
risk classification(s) that would have applied for each Washington worker
performing work out-of-state.
(vii)
The total number of hours that each Washington worker performed work
out-of-state during the quarter.
(viii) In addition to completing the
supplemental report of out-of-state work, the Washington employer must keep a
record of all contracts awarded and worked under each state. Copies of
pertinent records must be made available to auditors in the event of an
audit.
(g)
Where do
Washington workers file their workers' compensation claims if injured in the
course of employment outside of Washington state? Washington workers may
file their claim in the state where they were injured or in Washington state.
Washington employers must inform their Washington workers of
their right to file for workers' compensation benefits in Washington or the
state of injury.
The cost of these claims, if accepted by the department and
assigned to the Washington employer's account, will be used in the calculations
that determine the employer's experience factor and the appropriate risk
classification base rate.
(h)
If the Washington employer's work
in another state exceeds the temporary and incidental period, may the
Washington employer obtain a credit or refund for the temporary and incidental
period that workers' compensation premiums were paid to Washington? Yes,
but only if the Washington employer:
(i)
Obtained workers' compensation insurance for all hours worked in the other
state during the calendar year;
(ii) Provides proof of out-of-state
coverage;
(iii) Filed the
appropriate quarterly reports with the department when due; and
(iv) Otherwise complied with all statutory
and regulatory requirements of Washington state.
(9)
Horse racing industry rules.
These rules apply to persons licensed by the Washington horse racing commission
(WHRC) and governed by WAC
260-36-250.
(a)
Who is responsible for paying
industrial insurance premiums?
(i) The
trainer will be responsible to pay the industrial insurance premiums owed.
Premiums will be paid to the WHRC monthly, at the end of the coverage month or
before the trainer leaves the track taking his/her horses when leaving before
the end of the coverage month. WHRC will submit premiums to the department of
labor and industries on a quarterly basis. The employee must be properly
licensed by the WHRC for the duties being performed. This includes all exercise
riders and pony riders who need steward approval of their license application,
whether at the track or at the farm.
(ii) Licensed trainers shall be assessed:
(A) One unit of premiums in classification
6625 for each licensed groom or assistant trainer employed at any one
time;
(B) One unit of premiums in
classification 6626 for licensed exercise riders and pony riders charged per
stall for each day the trainer has a horse housed in a stall at a licensed
track during a licensed meet; and
(C) One unit of premiums in classification
6627 for licensed exercise riders and pony riders for each calendar day a
licensed exercise rider or pony rider works under contract for the trainer at a
location other than at a licensed track during a licensed meet.
(b)
What does the
trainer do when an employee leaves the job? Trainers must notify the
WHRC within 48 hours when any employee leaves their employ. If a trainer fails
to notify the WHRC timely, the trainer will be responsible for the full premium
payment until notification is made.
(c)
When are track employees covered
under horse racing classifications?
(i) Track employees are only covered on the
grounds of a Washington race track during its licensed race meet and periods of
training. The licensed race meet and periods of training apply to that period
of time when the WHRC has authority on the grounds, including the period before
the live race meet begins, when horses are exercised in preparation for
competition, and through the end of the licensed race meet.
(ii) Covered track employees who are licensed
exercise riders or pony riders may work off the grounds of a Washington race
track, but only after obtaining a farm employee license. The trainer must
notify the WHRC when the employee will be working off the grounds, so that the
additional per-day farm employee premium can be calculated and assessed to the
trainer for each day the track employee works off the grounds.
(iii) Employees working on the grounds of a
Washington race track prior to or after this period must be covered as farm
employees (classification 6627) to be able to make a claim against the horse
racing industry account, or the trainer can cover such employees under another
account (classification 7302).
(d)
Who can be covered under the farm
employee classification (6627)?(i)
Licensed exercise riders and pony riders working at the farm must be assigned
to a trainer and not the farm. Such employees cannot be assigned to the owner
of the farm or training center unless the owner is licensed as a
trainer.
(ii) Covered farm
employees who are licensed exercise riders or pony riders may come to the
Washington race track to assist the trainer during the live race meet and
periods of training. As long as a farm employee is covered at the farm, and the
trainer notifies the WHRC when the employee will be working at the track, the
farm employee may work at the track without additional premium being
owed.
(e)
Are
employees covered while working in another state?
(i) Trainers with employees from Washington
may continue coverage when they are at another recognized race track in another
state if the other jurisdiction has a reciprocal agreement with the state of
Washington. The trainer must pay the premiums for grooms and assistant trainers
in classification 6625, and for exercise riders and pony riders at the farm in
the farm classification, 6627. For a list of states with reciprocal agreements
with the state of Washington, see WAC
296-17-31009.
(ii) Trainers will need to continue to report
Washington employees to the WHRC prior to the start of each month so an
assessment can be made.
(iii)
Failure to report, or to report correctly, may result in the trainer being
referred to the stewards or the executive secretary of the WHRC for
action.
(iv) Track employees hired
in another state or jurisdiction are not Washington employees. They are to be
covered in the state or jurisdiction they were hired in. It is the trainer's
responsibility to obtain coverage in the other state or jurisdiction.
(f)
Must horse owners pay
industrial insurance premiums in Washington? Licensed owners shall be
assessed $150 per year for 100 percent ownership of one or more horses. Partial
owners shall be assessed prorated amounts of the $150 fee. In no event shall a
licensed owner be required to pay more than $150. This fee helps fund workers'
compensation coverage for injured workers. It does not extend any coverage to
owners.
Statutory Authority:
RCW
51.04.020,
51.16.035, and
51.16.210. 12-24-067, §
296-17-35203, filed 12/4/12, effective 1/4/13. Statutory Authority:
RCW
51.04.020,
51.16.035, and
51.16.100. 12-11-109, §
296-17-35203, filed 5/22/12, effective 7/1/12; 11-24-022, § 296-17-35203,
filed 11/30/11, effective 1/1/12. Statutory Authority:
RCW
51.04.020 and
51.12.120(6).
10-21-089, § 296-17-35203, filed 10/20/10, effective 1/1/11. Statutory
Authority:
RCW
51.16.035,
51.16.100,
51.04.020(1).
09-16-110, § 296-17-35203, filed 8/4/09, effective 10/1/09. Statutory
Authority: 2008 c 88,
RCW
51.12.120,
51.16.035, and
Title
51 RCW. 08-20-133, §
296-17-35203, filed 10/1/08, effective 11/1/08. Statutory Authority:
RCW
51.16.035,
51.16.100, and 2007 c 324.
07-24-045, § 296-17-35203, filed 12/1/07, effective 1/1/08. Statutory
Authority: RCW 51.06.035,
51.08.010,
51.04.020. 07-12-045, §
296-17-35203, filed 5/31/07, effective 7/1/07. Statutory Authority:
RCW
51.16.035 and
51.16.100. 06-23-127, §
296-17-35203, filed 11/21/06, effective 1/1/07; 05-23-161, § 296-17-35203,
filed 11/22/05, effective 1/1/06. Statutory Authority:
RCW
51.04.020,
51.16.035, and
51.12.120. 03-23-025, §
296-17-35203, filed 11/12/03, effective 1/1/04. Statutory Authority:
RCW
51.04.020,
51.16.035,
51.32.073. 02-09-093, §
296-17-35203, filed 4/17/02, effective 7/1/02. Statutory Authority:
RCW
51.16.035. 01-23-059, § 296-17-35203,
filed 11/20/01, effective 1/1/02; 99-18-068, § 296-17-35203, filed
8/31/99, effective 10/1/99; 98-18-042, § 296-17-35203, filed 8/28/98,
effective 10/1/98.