WSR 17-07-108
PROPOSED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed March 21, 2017, 10:24 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-03-110.
Title of Rule and Other Identifying Information: Chapter 296-17 WAC, General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance and chapter 296-17A WAC, Classifications for Washington workers' compensation insurance.
Hearing Location(s): Labor and Industries Building, 7273 Linderson Way S.W., Room S117, Tumwater, WA 98501, on April 28, 2017, at 10:00 a.m.
Date of Intended Adoption: May 23, 2017.
Submit Written Comments to: Jo Anne Attwood, P.O. Box 44148, Olympia, WA 98504-4148, email JoAnne.Attwood@lni.wa.gov, fax (360) 902-4799, by April 28, 2017, 5:00 p.m.
Assistance for Persons with Disabilities: Contact office of information and assistance by April 24, 2017, TTY (360) 902-5797.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:
2017 Miscellaneous classification and rating rule changes
 
WAC Numbers
WAC Description
What is Changing
Reason for Change
1.
WAC 296-17-31007
Owner optional coverage
Adding language for exempt employments and how to elect coverage.
Ease of doing business. This rule provides further interpretation of an existing statute. There is no information currently in rule describing elective coverage for exempt employments as described in RCW 51.12.020. This information should be available in rule along with the information regarding owner optional coverage. Over the year, the AAG recommended this amendment be made as customers should not have to look in two places (the statutes and the rules) to find this information.
2.
WAC 296-17A-0518
Nonwood frame buildings and structures N.O.C. and concrete construction, N.O.C.
Correcting a grammatical error found in the current rule; clarifying language and making it easier for employers to appropriately apply; and reduce opportunities for unintentional or intentional application of the term "structures." There is no change in how the classification is currently applied and this update will not impact employers' rates.
Ease of doing business. Staff requested clarification due to the difficulty understanding the intent of the language. This will reduce confusion for external customers and allow staff to provide consistent service to customers.
3.
WAC 296-17A-1501-20
Community action organizationsAll other employees N.O.C.
Reformat community action organization classifications to improve readability.
Ease of doing business. Staff requested clarification due to the difficulty understanding the intent of the language. This will reduce confusion for external customers and allow staff to provide consistent service to customers.
 
WAC 296-17A-4904-20
Community action organizationsClerical office employees.
 
WAC 296-17A-5308-20
Community action organizationsProfessional services and administrative employees.
 
WAC 296-17A-6511-20
Community action organizationsChore services/home care assistants.
4.
WAC 296-17A-0219-01
Construction specialty services.
Add a reference to prefab panels.
Ease of doing business. Improving consistency of classification references. Classification 0302 Brick, block, and stone masonry work, N.O.C. excludes "mechanically placed block or prefab panels next to a roadway for noise barrier, median or retaining wall, which is reported in class 0219." Scopes language for 0219 doesn't currently mention prefab panels. The Classification Advisement for Walls, Fences, and Barriers does currently reference prefab panels in 0219.
5.
WAC 296-17A-1102-02
Interstate trucking.
Rewrite to:
·   Make classification clearer and easier to understand.
·   Clarify distinction between 1102 and Classification 2002 Freight handling.
Account managers asked for clarification on how to apply Classification 2002 to the trucking industry. See #8.
 
WAC 296-17A-1102-03
Intrastate trucking.
 
WAC 296-17A-1102-04
Combined interstate/intrastate trucking.
6.
WAC 296-17A-1105-01
Street sweeping; parking lot sweeping; dust control; and portable chemical toilet servicing.
Correct typographical error, devises to devices.
Maintain an accurate classification plan.
7.
WAC 296-17A-1303
Telephone companiesAll other employees.
Update titles to include "telecommunications."
1303-00 Telecommunication service providersAll other employees.
1304-00 Telecommunication service providersAdministrative, office and sales personnel.
Ease of doing business. The title of these classifications must be updated to align with modern technology terminology. The scopes language is unchanged.
 
WAC 296-17A-1304
Telephone companiesExchange operators, clerical office and sales personnel.
8.
WAC 296-17A-2002-13
Freight handler services, N.O.C.
Rewrite to:
·   Make classification clearer and easier to understand.
·   Clarify distinction between Classification 2002 and Classification 1102.
Account mangers [managers] asked for clarification on how to apply Classification 2002 to the trucking industry. See #5.
 
WAC 296-17A-2002-31
Refrigeration carLoading, unloading or icing.
9.
WAC 296-17A-3905-09
Fast food drive ins N.O.C.
Add smoothie bars to language.
Ease of doing business. Documenting current practice of classifying smoothie bars in 3905-09. As smoothie bars have become more popular, staff asked that the classification language contain this specific type of fast food establishment.
10.
WAC 296-17A-4814-00
WAC 296-17A-4815-00
WAC 296-17A-4816-00
Farms: Internship program.
Remove reference to "governing classification" to "principal farm classification."
Governing classification rule no longer exists.
11.
WAC 296-17A-6906-02
Volunteer law enforcement officers of state agenciesMedical aid only.
Clarify that law enforcement officers of state agencies are mandatorily covered.
Ease of doing business. Staff requested clarification be added to 6906 to delineate mandatory coverage from elective coverage for state agencies. Mandatory coverage does not require an elective coverage application.
The department intends to review these chapters and make revisions to:
Correct typographical and other errors (such as invalid telephone numbers and out-of-date references),
Revise wording and formatting to make the rules easier to understand and apply, and
Incorporate and formalize existing agency practices (such as expressly including in a risk classification employment that the department currently includes by interpretation or analogy).
In addition, this rule making will provide further interpretation of an existing statute. There is no information currently in rule describing elective coverage for exempt employments as described in RCW 51.12.020. This information should be available in rule along with the information regarding owner optional coverage. Over the year, the AAG recommended this amendment be made as customers should not have to look in two places (the statutes and the rules) to find this information.
The purpose of this rule making is not to make substantive changes to how the department classifies employment, but to review and revise the classification plan to ensure it is clear and understandable. These changes will not change the way we calculate employer rates, our reporting requirements, or how we classify businesses.
Reasons Supporting Proposal: As part of this rule making, the department also intends to review these chapters for need, clarity, and consistency as required by SSB 5679 (chapter 30, Laws of 2013 2nd sp. sess.) to make changes where possible to reduce the regulatory burden on employers insured with the state fund.
Statutory Authority for Adoption: RCW 51.04.020 and 51.16.035.
Statute Being Implemented: RCW 51.16.035.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Jo Anne Attwood, Tumwater, Washington, (360) 902-4777; Implementation: Chris Bowe, Tumwater, Washington, (360) 902-4826; and Enforcement: Victoria Kennedy, Tumwater, Washington, (360) 902-4997.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency is exempt from conducting a small business economic impact statement since the proposed rules set or adjust fees or rates pursuant to legislative standards described in RCW 34.05.310 (4)(f) and do not change current coverage options for employers and workers.
A cost-benefit analysis is not required under RCW 34.05.328. Since the proposed rules do not change any existing coverage options for employers or workers and adjust fees pursuant to legislative standards, they are exempted by RCW 34.05.328 (5)(b)(vi) from the requirement for a cost-benefit analysis.
March 21, 2017
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 13-11-128, filed 5/21/13, effective 7/1/13)
WAC 296-17-31007 Owner/officer coverage and coverage for exempt employments.
(1) As a business owner, can I buy workers' compensation insurance to cover myself or to cover workers who are exempt from mandatory coverage as defined in RCW 51.12.020, 51.12.035, or 51.12.170?
Yes. ((If you are a)) Coverage is not required, but is available for sole proprietors, partners, qualifying corporate officers, ((or)) qualifying members of a limited liability company ((you may not be required to have industrial insurance coverage as provided in RCW 51.12.020. In these instances, you can still obtain workers' compensation coverage from us)), and for exempt employments defined in RCW 51.12.020, 51.12.035, or 51.12.170. We refer to this coverage as optional coverage ((since as the owner/officer, you are not required to have this insurance. Because owner insurance coverage is optional)). For owner optional coverage, you must meet certain conditions and requirements which are detailed on the application for owner/officer optional coverage. These requirements include:
Completing an application for optional owner/officer coverage;
Reporting owner/officer hours in the classification assigned to your business that is applicable to the work being performed by the owner/officer;
Submitting a supplemental report which lists the name of each covered owner/officer; and
Reporting four hundred eighty hours or actual hours worked each quarter for each covered owner/officer and in the applicable workers' compensation classification code.
(2) When will my owner/officer coverage or coverage for exempt employments become effective?
Your coverage will become effective ((upon receipt of your application in the department in writing or by fax)) the day after we receive your completed and signed application for optional coverage, unless you indicate ((a future)) that optional coverage should begin at a later date. ((However, no such person or beneficiaries thereof shall be entitled to benefits unless the date of injury were the next day or later after coverage was elected. We will not make coverage effective on a date prior to our receipt of)) Coverage cannot begin before the day after we receive your completed application ((for owner/officer coverage)).
(3) How does cancellation work? You may cancel your optional owner/officer coverage or elective coverage for exempt employments by notifying the department in writing. For sole proprietors and partners, we will cancel your coverage either the same day we receive your written notice to cancel or on the future date you indicate. For corporations, LLCs or elective coverage for exempt employment, we will cancel the coverage thirty days from the date we receive your written request to cancel.
The department may cancel optional coverage if any required payments have not been made. Cancellation will become effective no later than thirty days from the date of the cancellation notice the department sent to the employer.
When your account balance is paid, if you want to reestablish owner/officer coverage, you must submit a new application for owner/optional coverage.
(4) Where can I ((obtain)) get an application for owner/officer coverage, or coverage for exempt employments? There are separate applications for owner/officer optional coverage and coverage for exempt employments. To ((obtain a copy of this)) get these applications, go to http://www.lni.wa.gov/FormPub ((or)), contact your local labor and industries office((. We are listed in the government pages of your local directory)), or you can call ((our underwriting section)) the employer services division at 360-902-4817.
AMENDATORY SECTION (Amending WSR 12-11-109, filed 5/22/12, effective 7/1/12)
WAC 296-17A-0219 Classification 0219.
0219-00 Construction specialty services, N.O.C.
Applies to contractors engaged in the installation or removal of lighting for highways, streets, roadways, parking lots, and light standards. It also applies to the installation, repair, or removal of signs, guardrails, roadside reflectors, lane buttons or turtles, or lane markers not covered by another classification (N.O.C.). Usually, these activities occur as finishing touches after new or existing roadways are paved or surfaced. Roadway lighting includes traffic signal lights, and halogen or mercury vapor lights mounted to metal standards erected alongside the roadway. Signs (such as speed limit, road condition, city and town mile destination) are mounted on overpasses or on wood or metal poles erected alongside the roadway. Guardrails include metal barriers mounted on wood or metal poles driven into the roadside shoulder. Lane markers, lane buttons or turtles consist of small reflectors, or chips of plastic or concrete attached to the road with an adhesive bonding material. This classification includes the related hook-up of power to the light standard.
This classification excludes the installation of power lines that feed into power poles which is to be reported separately in the applicable construction classification for the work being performed.
Special note: This classification excludes exterior sign erection, repair, or removal not in connection with displaying highway, street, or roadway information or conditions even though such signs may be erected or placed alongside roadways (such as advertisement bill boards, business, or personal property signs) which is to be reported separately in classification 0403.
0219-01 Construction specialty services
Applies to contractors engaged in specialty services such as the painting or striping of highways, streets, roadways, or parking lots not covered by another classification (N.O.C.). This classification includes painting, striping, numbering, or lettering of highways, streets, roadways, parking lots, parking garages, airport runways, taxi ways, curbs, roadway dividers, median strips, and special traffic areas such as fire, bus, handicap, and no parking zones. The paint or other material used for these markings is usually applied to the surface using a mechanical device, either self-propelled or towed by a truck or other motor vehicle. In some instances, the paint will be applied manually with brush or roller which is included in this classification. This classification includes the application of asphalt sealants to roadways or parking lots((. This classification also includes)); mechanically placed block or prefab panels next to a roadway for noise barrier, median, or retaining walls; and concrete barrier installation, in connection with road construction, by a concrete barrier rental business or by a flagging contractor who also supplies the concrete barriers. This includes the flaggers who are necessary during the installation of the barriers as well as any flaggers the company supplies to the road construction project itself.
This classification excludes the interior painting of buildings which is to be reported separately in classification 0521, the exterior painting of buildings or structures which is to be reported separately in classification 0504; application of asphalt sealant to driveways which is to be reported separately in classification 0504-06; the rental of the concrete barriers and other flagging equipment which is to be reported separately in classification 6409; and flaggers who are not employed by a concrete barrier rental business or by a flagging contractor who also supplies the concrete barriers which are to be reported separately in classification 7116 or 7118 as appropriate.
AMENDATORY SECTION (Amending WSR 16-14-085, filed 7/5/16, effective 1/1/17)
WAC 296-17A-0518 Classification 0518.
0518-00 Nonwood frame buildings and structures, ((N.O.C. and concrete construction)) new construction and repair, N.O.C.
Applies to work on nonwood frame buildings and structures (without regard to size or number of stories) when the superstructure (skeleton framework or building shell) consists of concrete, iron or steel, or a combination of concrete, iron, steel and/or wood, as well as all other building construction not covered by another classification. It includes, but is not limited to, structures such as:
• Waste treatment and waste disposal plants;
• Fish hatcheries;
• Public and commercial (covered and multilevel) parking lots and parking garages;
• Stadiums;
• High-rise office and housing complexes.
Activities include, but are not limited to:
• The set up and tear down of forms;
• Placement of reinforcing steel, rebar, or wire mesh;
• Pouring and finishing concrete within the building or structure such as:
− Foundations;
− Monolithic slabs;
− Ground supported floor pads;
− Precast or poured in place load bearing floors or wall panels;
− Columns;
− Pillars;
− Balconies;
− Stairways.
• The raising and/or standing up (by crane or boom) of concrete:
− Tilt-up walls;
− Precast floors and wall portions;
− Metal frames((;
− Members into place)).
• Securing frame and slabs by:
− Bolts;
- Framing anchors;
- Seismic bearings, springs, and cylinders;
− Rivets;
− Welds.
Note:
The installation of ((interior and)) exterior doors, door frames, all interior framing, and other interior rough-in carpentry work is reported separately in classification 0516.
All other phases of construction not specific to pouring a concrete foundation, placing or joining the iron or steel framework, or attaching concrete slabs, steel, iron, or wood to building shell, are classified separately according to their phase of construction.
The following structures are classified as indicated:
• 0701 applies to dams.
• 0201 applies to bridges, trestles, viaducts, tunnels, breakwaters, jetties, levees, and dikes.
• 0202 applies to piles, wharfs, piers, and docks.
• 0508 applies to towers, smoke stacks, blast furnaces, silos, windmills, exterior tanks, and derricks.
Classification 0518 is a construction industry classification (see WAC 296-17-31013).
0518-01 Metal carport and service station canopies
Subclassification 0518-01 excludes:
• Nonstructural sheet metal patio cover/carports which are reported separately in classification 0519;
• Wood carports which are reported separately in the applicable framing/siding classifications.
Classification 0518 is a construction industry classification (see WAC 296-17-31013).
0518-03 Building wrecking or demolition - Iron, steel, concrete, or wood
Applies to contractors engaged in wrecking or demolishing iron, steel, concrete, or wood buildings or structures not covered by another classification, whether dismantling board by board, by bulldozer, by crane equipped with a steel ball, explosives, or other means.
Work contemplated by this classification includes:
• Incidental sales of materials;
• Burning or hauling away of debris;
• Barricading the site and walkways;
• Guards and flaggers on-site and in adjacent areas when dismantling operations are underway.
Classification 0518 is a construction industry classification (see WAC 296-17-31013).
AMENDATORY SECTION (Amending WSR 13-11-128, filed 5/21/13, effective 7/1/13)
WAC 296-17A-1102 Classification 1102.
((1102-02 Interstate trucking
Applies to establishments engaged in interstate trucking. Interstate trucking is the hauling of goods, bulk merchandise, or commodities that either originate out-of-state or have an out-of-state destination. Duties include driving, in some cases loading/unloading vehicles, and mechanical repair. The loading and unloading may be done with forklifts, pallet jacks, hand trucks, or by hand. The drivers may have an assigned route, or they may be assigned a different destination each trip.
Special notes: Trucking establishments are allowed to have both the trucking classification 1102 and the freight handling classification 2002. However, hours cannot be split for a worker who works in both classes. If an employee has any driving duties, all their hours are to be reported in classification 1102. Establishments subject to this classification are to report actual hours worked for each driver. However, the hours are to be capped at 520 hours per driver per quarter. Detailed information can be found in the general audit rule covering the trucking industry and in RCW 51.12.095.
1102-03 Intrastate trucking
Applies to establishments engaged in intrastate trucking. Intrastate trucking is the hauling of goods, bulk merchandise, or commodities only within the boundaries of a state: The goods must have both an origin and destination in the same state. Duties include driving, in some cases loading and unloading the vehicles and mechanical repair. The loading and unloading may be done with forklifts, pallet jacks, hand trucks, or by hand. The drivers may have assigned routes or a territory. Businesses in this classification usually have terminals or storage depots where merchandise is stored awaiting transfer.
Special notes: Trucking establishments are allowed to have both the trucking classification 1102 and the freight handling classification 2002. However, hours cannot be split for a worker who works in both classes. If an employee has any driving duties, all their hours are to be reported in classification 1102. Establishments subject to this classification are to report actual hours worked for each driver. However, the hours are to be capped at 520 hours per driver per quarter. Detailed information can be found in the general audit rule covering the trucking industry and in RCW 51.12.095.
1102-04 Combined interstate/intrastate trucking
Applies to establishments engaged in a combination of interstate and intrastate trucking. Interstate trucking is the hauling of goods which either originate out-of-state or have an out-of-state destination. Intrastate trucking is the hauling of goods only within the boundaries of a state: The goods have both an origin and destination in the same state. Duties include driving, in some cases loading and unloading the vehicles, and mechanical repair. The loading and unloading may be done with forklifts, pallet jacks, hand trucks, or by hand. The drivers may have assigned routes or a territory. Establishments in this classification usually have terminals or storage depots where merchandise is stored awaiting transfer.
Special notes: Trucking establishments are allowed to have both the trucking classification 1102 and the freight handling classification 2002. However, hours cannot be split for a worker who works in both classes. If an employee has any driving duties, all their hours are to be reported in classification 1102. Establishments subject to this classification are to report actual hours worked for each driver. However, the hours are to be capped at 520 hours per driver per quarter. Detailed information can be found in the general audit rule covering the trucking industry and in RCW 51.12.095.)) Classification 1102 applies to establishments engaged in interstate or intrastate trucking, or a combination of interstate and intrastate trucking.
Interstate trucking is the hauling of goods that either originate out-of-state or have an out-of-state destination.
Intrastate trucking is the hauling of goods within the boundaries of Washington state. The goods must have both an origin and destination in Washington state.
Duties include:
• Driving
• Loading and unloading vehicles
• Mechanical repair.
Equipment may include, but is not limited to:
• Forklifts
• Hand trucks
• Pallet jacks
• Tractor and trailers.
Special notes:
• Businesses in this classification may have terminals or storage depots where goods are stored awaiting transfer. Workers who exclusively work at these facilities may be reported in classification 2002. All hours for workers who spend any time driving or riding in trucks for businesses subject to this classification must be reported in classification 1102. Hours cannot be split between 1102 and 2002.
Note:
The term "lumper" is sometimes applied to laborers who unload cargo.
• Driver hours are capped at 520 hours per driver per quarter. See the special trucking industry rules, WAC 296-17-35203(3).
• The special exception rules for permanent yard and shop operations apply to trucking firms assigned classification 1102. See subclassification 5206-80 and WAC 296-17-31018.
• See RCW 51.08.180 and 21.12.095 concerning owner operators of trucking.
Excluded operations: Classification 1102 excludes:
• Firms hauling their own goods. Hauling goods owned by the firm is a general inclusion, which is classified according to the nature of the firm's business.
Note:
For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
For administrative purposes, classification 1102 is divided into the following subclassification(s):
1102-02 Interstate trucking
1102-03 Intrastate trucking
1102-04 Combined interstate/intrastate trucking
AMENDATORY SECTION (Amending WSR 07-12-047, filed 5/31/07, effective 7/1/07)
WAC 296-17A-1105 Classification 1105.
1105-00 Septic tank pumping
Applies to establishments engaged in septic tank pumping services. Operations contemplated by this classification include driving, locating the septic tank and digging as necessary to uncover it, connecting the pumping hose to the septic tank, pumping out the sludge, and disposing of the waste products.
This classification excludes installation and repair of septic tanks or systems which are to be reported separately in classification 0108, and cleaning of sewage treatment tanks which is to be reported separately in classification 0504.
1105-01 Street sweeping; parking lot sweeping; dust control; and portable chemical toilet servicing
Applies to establishments that perform street sweeping and parking lot sweeping services for others. Trucks used for sweeping are equipped with rotating or nonrotating brushes and vacuum/suction ((devises)) devices. In addition to driving duties, the drivers may adjust/unclog the brushes, and clean the holding tanks contained on the sweeping or pumping vehicle. This classification also includes snow removal by plowing, delivery of portable toilets and the related servicing and disposal of waste products which are recovered by establishments subject to this classification. This classification also includes trucks that spray water on roads and other surfaces for dust control.
1105-02 Vacuum truck services
Applies to establishments engaged in vacuum truck services for others. Services include, but are not limited to, cleaning of duct work, picking up waste oils, lubricants, antifreeze, bilge water, and similar waste products. Establishments subject to this classification may offer a regular service, one-time or occasional pick-up service. The driver has kits for testing the materials and, if there is a question, a sample is taken to a laboratory for further analysis. If the waste material is acceptable, it is pumped into the tanker truck. The waste material may be consolidated with similar products and "bulked" in storage tanks, then taken to appropriate treatment or disposal facilities, or it may be taken directly to appropriate facilities. If it is to be "bulked" with other products, it will be filtered as it is pumped into the storage tanks and allowed to sit for a few days for any water to settle to the bottom of the tank and be drained off. Bulked materials may be hauled away by the establishment's own trucks or by common carrier. Establishments subject to this classification may pick up containers of used oil filters and bring them into their plant where they are sorted into crushed and uncrushed filters, and gaskets removed. This activity is included within the scope of this classification if it is an incidental service. This classification includes the related disposal of waste products which are recovered by establishments subject to this classification.
This classification excludes septic tank pumping which is to be reported separately in classification 1105-00.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-1303 Classification 1303.
1303-00 ((Telephone companies)) Telecommunication service providers - All other employees
Applies to establishments engaged in providing telecommunications services which enable subscribers to converse or transmit coded data. Work contemplated by this classification includes, but is not limited to, the regular installation, maintenance and repair of machinery and equipment, the extension and maintenance of lines (including poles, towers and underground lines), clearing right of ways, installing telephones and wiring in buildings, and making service connections when done by employees of an employer having operations subject to this classification. Machinery and equipment includes, but is not limited to, central control and switching center equipment, relays, computers, antennae, cranes, forklifts, vehicles and garages, warehouse equipment, and hand tools.
This classification excludes clerical office, exchange operators and administrative personnel who are to be reported separately in classification 1304; contractors engaged in underground line construction maintenance or repair who are to be reported separately in classification 0107; contractors engaged in overhead line, pole, and tower construction, maintenance or repair, who are to be reported separately in classification 0509; contractors engaged in wiring within buildings and making pole-to-house hook-ups who are to be reported separately in classification 0608; contractors engaged in the installation or contract maintenance of machinery or equipment who are to be reported separately in classification 0603; and establishments primarily engaged in selling telephone equipment retail which are to be reported separately in classification 6406.
1303-01 Telegraph companies - All other employees
Applies to establishments engaged in providing telecommunication services which enable printed messages (telegrams) to be transmitted from one agent to another for receipt by, or delivery to, a designated party. Telegraph companies also provide a "moneygram" service which allows an agent to receive a sum of money at one location and transmit a message to another agent to pay out the same amount of money to a designated party at another location. Work contemplated by this classification includes the regular installation, maintenance and repair of machinery and equipment, the extension and maintenance of lines (including poles, towers and underground lines), installing transmission and receiving equipment, the clearing of right of ways, and delivery work when done by employees of an employer having operations subject to this classification. Machinery and equipment includes, but is not limited to, cables, control panels, poles, lines, relays, computers, cranes, forklifts, vehicles and garages, warehouse equipment, and hand tools.
This classification excludes clerical office and administrative personnel who are to be reported separately in classification 1304; contractors engaged in underground line construction maintenance or repair who are to be reported separately in classification 0107; contractors engaged in overhead line, pole, and tower construction, maintenance or repair, who are to be reported separately in classification 0509; contractors engaged in wiring within buildings who are to be reported separately in classification 0608; and contractors engaged in the installation or contract maintenance of machinery or equipment who are to be reported separately in classification 0603.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-1304 Classification 1304.
1304-00 ((Telephone companies - Exchange operators, clerical)) Telecommunication service providers - Administrative, office, and sales personnel
Applies to the administrative and clerical office personnel of establishments engaged in providing telecommunication services which enable two or more parties to converse or transmit coded data. For purposes of this classification, administrative personnel includes clerical office, sales, data processing, exchange operators, customer service, marketing, and retail telephone store (when operated by the telephone company) sales personnel.
This classification excludes all other telephone company employees who are to be reported separately in classification 1303.
1304-01 Telegraph companies - Clerical office and sales personnel
Applies to administrative and clerical office personnel of establishments engaged in providing telecommunication services which enable printed messages (telegrams) or moneygrams to be transmitted from one agent to another for receipt by a designated party. For purposes of this classification, administrative personnel includes clerical office, sales, data processing, customer service, marketing, cashiers and operators of telegraph, teletype or other transmitting and receiving equipment.
This classification excludes all other telegraph company employees who are to be reported separately in classification 1303.
AMENDATORY SECTION (Amending WSR 14-17-085, filed 8/19/14, effective 9/19/14)
WAC 296-17A-1501 Classification 1501.
1501-00 Counties and taxing districts, N.O.C. - All other employees
Applies to employees of counties and taxing districts, not covered by another classification (N.O.C.), who:
• Operate machinery or equipment, including transit bus drivers;
• Perform manual labor;
• Supervise a work crew performing manual labor such as custodial or maintenance.
This classification includes administrative personnel such as:
• Engineers, safety inspectors, and biologists who have field exposure;
• Internal inventory and supply clerks.
For purposes of this classification, field exposure is defined as any exposure other than the normal travel to or from a work assignment.
This classification excludes:
• Clerical office and administrative employees who are to be reported separately in classification 5306;
• Electric light and power public utility districts which are to be reported separately in classification 1301;
• Firefighters who are to be reported separately in classification 6904;
• Hospital districts which are to be reported separately in classification 6105;
• Irrigation system public utility districts which are to be reported separately in classification 1507;
• Law enforcement officers who are to be reported separately in classifications 6905 and 6906, as appropriate;
• Port districts which are to be reported separately in classification 4201;
• Privately owned and operated bus or transit systems which are to be reported separately in classification 1407;
• School districts, library districts or museum districts which are to be reported separately in classification 6103 or 6104;
• Water distribution or purification system public utility districts which are to be reported separately in classification 1507;
• Volunteers who are to be reported separately in classification 6901 or 6906, as appropriate.
1501-01 Housing authorities, N.O.C. - All other employees
Applies to employees of housing authorities, not covered by another classification, who:
• Perform manual labor;
• Supervise a work crew performing manual labor such as custodial or maintenance, and machinery or equipment operators.
This classification includes all functional operations of a housing authority such as:
• Building and grounds maintenance;
• Inspection, maintenance and repairs, including minor structural repairs;
• Janitorial service.
Also included in this classification are:
• Administrative personnel such as engineers and safety inspectors who have field exposure;
• Internal inventory and supply clerks;
• Meter readers;
• Security personnel, other than those with law enforcement powers.
For purposes of this classification, housing authorities are defined as nonprofit, public and political entities which serve the needs of a specific city, county or Indian tribe. The nature and objectives of some of the projects undertaken by housing authorities include providing decent, safe and sanitary living accommodations for low income persons, or providing group homes or halfway houses to serve people with disabilities or juveniles released from correctional facilities. A housing authority has the power to:
• Prepare, carry out, lease and operate housing facilities;
• Provide for the construction, reconstruction, improvement, alteration or repair of any housing project;
• Sell or rent dwellings forming part of the project to or for persons of low income;
• Acquire, lease, rent or sell or otherwise dispose of any commercial space located in buildings or structures containing a housing project;
• Arrange or contract for the furnishing of the units;
• Investigate into the means and methods of improving such conditions where there is a shortage of suitable, safe and sanitary dwelling accommodations for persons of low income.
This classification excludes:
• Clerical office and administrative employees who are to be reported separately in classification 5306;
• New construction or major alteration activities which are to be reported separately in the appropriate construction classifications;
• Security personnel with law enforcement powers who are to be reported separately in classification 6905;
• Volunteers who are to be reported separately in classifications 6901 or 6906, as appropriate.
1501-08 Native American tribal councils - All other employees
Applies to employees of Native American tribal councils who perform manual labor, or who supervise a work crew performing manual labor such as custodial or maintenance, and machinery or equipment operators. This classification includes:
• Administrative personnel such as engineers, safety inspectors, and biologists who have field exposure;
• Internal inventory and supply clerks of the tribal council.
For purposes of this classification, field exposure is defined as any exposure other than the normal travel to and from a work assignment.
This classification excludes:
• Clerical office and administrative employees who are to be reported separately in classification 5306;
• Electric light and power public utility districts which are to be reported separately in classification 1301;
• Firefighters who are to be reported separately in classification 6904;
• Hospital districts which are to be reported separately in classification 6105;
• Irrigation system public utility districts which are to be reported separately in classification 1507;
• Law enforcement officers who are to be reported separately in classifications 6905 and 6906;
• New construction or reconstruction activities which are to be reported separately in the appropriate construction classification;
• School districts, library districts or museum districts which are to be reported separately in classification 6103 or 6104;
• Water distribution or purification system public utility districts which are to be reported separately in classification 1507.
Special notes: Housing authorities operating under the name of, and for the benefit of, a particular tribe are not exempt from mandatory coverage. These housing authorities are federally funded and are not owned or controlled by a tribe.
Only those tribal operations which are also provided by county governments are subject to classification 1501. Some activities are considered to be normal operations to be included in this classification. These include, but are not limited to:
• Building maintenance;
• Garbage and sewer works;
• Grounds keepers;
• Park maintenance;
• Road maintenance;
• Visiting nurses and home health care.
All other tribal council operations which are not normally performed by a county government shall be assigned the appropriate classification for the activities being performed.
Some operations are outside the scope of classification 1501 and are to be reported separately in the applicable classifications. These include, but are not limited to:
• Bingo parlors;
• Casinos;
• Fish/shellfish hatcheries;
• Food banks;
• Gift shops;
• Grocery stores;
• Head Start programs;
• Liquor stores;
• Logging;
• Meals on wheels;
• Motels/hotels;
• Restaurants;
• Tobacco stores;
• Tree planting/reforestation.
1501-09 Military base maintenance, N.O.C.
Applies to establishments not covered by another classification (N.O.C.), engaged in providing all support operations and services on a military base on a contract basis. Such services include, but are not limited to:
• Data processing;
• Photography;
• Mail delivery (on post and to other military facilities);
• Hotel/motel services;
• Mess halls;
• Recreational facilities;
• Grounds and building maintenance;
• Vehicle maintenance;
• Maintenance of such facilities as water works, sewer treatment plants and roads.
This classification excludes:
• New construction or construction repair projects which are to be reported separately in the applicable construction classification for the work being performed;
• Contracts for specific activities on a military base such as, but not limited to, building maintenance, club or mess hall operations, or vehicle maintenance, which are to be reported separately in the applicable classification for the work being performed;
• Firefighters who are to be reported separately in classification 6904;
• Law enforcement officers who are to be reported separately in classification 6905;
• Clerical office and administrative employees who are to be reported separately in classification 5306.
Special note: Classification 1501-09 is to be assigned to an establishment only when all support services on a military base are being provided by the contractor. Care should be taken when assigning classification 1501-09 to firms whose military support services include loading, unloading, repair or construction of vessels, or the repair of buildings or structures used for such activities as that firm may be subject to federal maritime law.
1501-20 Community action organizations - All other employees, N.O.C.
Applies to organizations performing ((an array of)) two or more services to support the local community and ((citizens)) people in need. ((The services provided by community action organizations may)) This classification applies to employees who are not otherwise classified (N.O.C.) and who perform manual-type labor, or who supervise a work crew performing manual labor. Workers in this classification include, but are not limited to:
((• Child care; after school care;
• Alternative schools; in home chore services;)) • Cooks;
• Food bank staff;
• Drivers;
• Janitorial or maintenance and repair work staff;
• Weatherization services staff.
See classifications 4904-20, 5308-20, and 6511-20 for other community action classifications.
Note: The services provided by the community action organizations include, but are not limited to:
• After school care;
• Alternative schools;
• Child care;
• Counseling and assistance;
• Decent, safe and sanitary living accommodations for low-income or needy people;
• Drug and alcohol recovery programs;
• Employment or independence training;
((• Counseling and assistance;
• Drug and alcohol recovery programs;
• Decent, safe and sanitary living accommodations for low-income or needy citizens;
• Transitional or emergency housing; weatherization;))
• Food and clothing banks;
• In home chore services;
• Meals;
• Medical services((.
This classification applies to employees of community action organizations N.O.C. (not otherwise classified) who perform manual-type labor, or who supervise a work crew performing manual labor. Work in this classification includes, but is not limited to:
• Cooks;
• Food banks;
• Drivers;
• Janitorial or maintenance and repair work weatherization services));
• Transitional or emergency housing;
• Weatherization.
Note: Businesses providing only one service described in this ((class may)) classification are to be assigned the classification applicable to the service provided. If all conditions of the general reporting rules have been met, standard exception classifications may apply.
Excluded from this risk classification are:
• New construction or major alteration activities ((which)). Normal maintenance and repair contemplated by this classification includes, but is not limited to, replacing parts on existing fixtures or equipment, repairing existing structures, normal cleaning or janitorial activities, maintaining existing landscaping, and shoveling snow from driveways or walkways. Construction, alteration, or improvements to the properties are not considered normal maintenance and are not contemplated by this classification. Major repair work is usually performed by contractors who are not employees of the community action organization. New construction or major alterations such as the construction of new additions or the construction of new structures are excluded from this classification and are to be reported separately in the appropriate construction classifications;
• Office employees who work exclusively in an administrative office environment who are to be reported in classification 4904-20;
• Professional or administrative employees who may also have duties outside of the office who are to be reported in classification 5308-20;
• Chore workers/home service workers who are to be reported in classification 6511-20;
((• Housing authorities which are to be reported in 1501-01 and 5306-26;))
Individuals employed in welfare special works programs ((which)) who are to be reported in 6505;
Individuals employed in work activity centers ((which)) who are to be reported in 7309;
• Volunteers who are to be reported in classification 6901 when medical aid coverage has been elected.
((See classifications 5308-20 and 4904-20 for other community action operations.)) Excluded operations: Firms engaged as housing authorities are reported in classifications 1501-01 and 5306-26.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-2002 Classification 2002.
((2002-13 Freight handler services, N.O.C.
Applies to establishments engaged in packing, handling, shipping, or repackaging merchandise or freight which is owned by others and is not covered by another classification, (N.O.C.). General cargo is usually in boxes, cartons, crates, bales, or bags. Other cargo includes, but is not limited to, lumber, logs, steel, pipe, grains, produce, machinery, and vehicles. These establishments are generally located at railroad yards, airports, or warehouses not located on piers or areas adjoining piers. This classification includes the repackaging of goods from damaged containers. Employees of freight handler services perform duties such as, but not limited to, unloading, checking in and weighing goods, sorting and repackaging goods, tiering (placing in a series of rows one above the other), and reloading goods for shipment. Employments include, but are not limited to, superintendents, checkers, tally men, and lumpers. Machinery and equipment includes, but is not limited to, pallet jacks, hand trucks, forklifts, boom trucks, mobile cranes or overhead track cranes, and hand tools. This classification also includes moving or uncrating, and assembly of modular work stations or other types of office furniture.
This classification excludes drivers and freight handling employees with driving duties who are to be reported separately in classification 1102 without a division of work hours; establishments engaged in loading, unloading, or icing refrigerator cars which are to be reported separately in classification 2002-31; and establishments engaged in warehousing operations for general merchandise which are to be reported separately in classification 2102.
Special notes: Establishments engaged as freight handlers have the hazard of the continual movement of goods, in contrast to warehousing operations in classification 2102-00 that usually store goods for long periods of time. In addition, freight handling services providers do not operate warehouses and storage facilities as a general rule. Freight handling operations performed in connection with the loading or unloading of vessels or rail lines on piers or adjoining areas may be subject to coverage under the U.S. Longshore and Harbor Workers Act. Care should be exercised prior to the assignment of this classification to determine proper jurisdiction.
2002-31 Refrigeration car - Loading, unloading or icing
Applies to establishments engaged in loading, unloading, or icing refrigeration cars at railroad yards, airports, or warehouses not located on piers or in areas adjoining piers. This classification includes the repackaging of goods from damaged containers. Establishments in this classification have no equity or ownership in the merchandise being handled. They may contract with customers such as, but not limited to, grocery distributors, meat packers, or pharmaceutical suppliers to pick up and deliver frozen goods. Goods are loaded into refrigerated containers and shipped by common carrier or into refrigerated railcars. Icing the refrigeration systems by adding water, ammonia, or other additives is done to maintain the cold temperatures. Machinery and equipment includes, but is not limited to, pallet jacks, hand trucks, forklifts, compressors, and hand tools.
This classification excludes drivers and freight handling employees with driving duties who are to be reported separately in classification 1102 without a division of work hours; establishments engaged in freight handler services not covered by another classification (N.O.C.) which are to be reported separately in classification 2002-13; and establishments engaged in warehousing operations for general merchandise which are to be reported separately in classification 2102.
Special notes: Establishments engaged as freight handlers have the hazard of the continual movement of goods, in contrast to warehousing operations in classification 2102-00 that usually store goods for long periods of time. In addition, freight handling services providers do not operate warehouses and storage facilities as a general rule. Freight handling operations performed in connection with the loading or unloading of vessels or rail lines on piers or adjoining areas may be subject to coverage under the U.S. Longshore and Harbor Workers Act. Care should be exercised prior to the assignment of this classification to determine proper jurisdiction.)) Classification 2002 applies to providing freight handling services for others. Freight handling services have a facility at a fixed location where they provide services that include, but are not limited to:
• Checking goods
• Handling freight by hand, or with machinery and equipment
• Icing refrigeration cars
• Loading
• Packing
• Repacking
• Repackaging goods from damaged containers
• Reloading goods for shipment
• Shipping
• Sorting
• Storage
• Tiering (placing goods in a series of rows one above the other)
• Unloading
• Weighing.
Note: The term "lumper" is sometimes applied to laborers who unload cargo.
Machinery and equipment may include, but is not limited to:
• Boom trucks
• Compressors
• Hand trucks
• Hand tools
• Forklifts
• Mobile or overhead-track cranes
• Pallet jacks.
Special note: Hours cannot be split between 1102 and 2002. Classification 2002 excludes workers engaged in the following activities:
• All hours for workers who also drive transport vehicles for hauling freight to or from the freight handling facility must be reported in classification 1102.
• All hours for workers who sometimes ride along with drivers, to assist in loading or unloading freight at a customer's location, must be reported in classification 1102.
Excluded operations: Classification 2002 excludes:
• Businesses primarily storing goods belonging to others in warehouses for periods of time, which are classified in 2102.
• Firms handling their own goods. Handling of goods owned by your employer is a general inclusion, and is classified according to the nature of the employer's business.
• Trucking firms that only ship and handle freight at customers' locations and do not own or lease a separate facility for freight handling, which are classified in 1102.
Special notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
• Freight handling operations performed in connection with the loading or unloading of vessels or rail lines on piers or adjoining areas may be subject to coverage under the U.S. Longshore and Harbor Workers Act. Care should be exercised prior to the assignment of this classification to determine proper jurisdiction.
For administrative purposes, classification 2002 is divided into the following subclassification(s):
2002-13 Freight handling services, N.O.C.
This subclassification also applies to moving, uncrating, and assembly of modular work stations or other types of office furniture.
2002-31 Loading, unloading, or icing refrigeration cars and containers
Note: Icing the refrigeration systems by adding water, ammonia, or other additives to maintain the cold temperatures.
AMENDATORY SECTION (Amending WSR 12-11-109, filed 5/22/12, effective 7/1/12)
WAC 296-17A-3905 Classification 3905.
3905-00 Restaurants, N.O.C.
Applies to establishments engaged in restaurant operations not covered by another classification (N.O.C.). These establishments are "traditional, family or full service" restaurants that provide sit-down services, or cafeteria or buffet style meals. This classification includes the preparation and service of food and beverages. Establishments in this classification may serve beer and wine including on premises consumption of beer from microbrewery operations in connection with the restaurant; however, they are prohibited from selling spirits or hard liquor. Typical occupations include, but are not limited to, hostesses, wait staff and assistants, cooks, dishwashers, cashiers, and managerial staff. This classification also includes the preparation of "take-out food" that customers pick up directly from the restaurant for consumption away from the premises and the operation of a card room in conjunction with the restaurant.
This classification excludes establishments engaged in operating restaurants or lounges that sell spirits or hard liquor which are to be reported separately in classification 3905-07, and catering services that are not part of the restaurant operation which are to be reported separately in classification 3909.
Special note: Traditional, family or full service restaurants are establishments where wait persons bring customers a menu, take orders, and deliver prepared meals to the customer's table or where customers choose from a variety of food items from a buffet or cafeteria style service. Such establishments will generally use nondisposable eating utensils and plates to serve food as opposed to throw away paper plates and plastic eating utensils. Includes establishments where orders are placed at the counter, and the food or drink is delivered to your table. Care should be exercised when dealing with establishments that provide entertainment such as musicians, entertainers, disc jockeys or piano players who may be exempt from coverage as an independent contractor. Musicians or entertainers who are considered to be employees of a restaurant are to be reported separately in classification 6605.
3905-01 Food, drink, and candy vendors or concessionaires
Applies to street vendors and businesses engaged in operating food, drink or candy concessions at places such as, but not limited to, ball parks, race tracks, theaters and exhibitions. This classification is applicable only to concession operations which are operated independently from the facility or event at which the concession service is being provided. These independent vendors selling food items are not employees of the facility or site where the event or exhibition is taking place. Vendors subject to this classification sell a variety of food, snack and beverage items from booths, mobile push carts, mobile stands, carrying boxes, or trays.
This classification excludes food and beverage operations (concession stands) operated in connection with an event or facility by employees of the event sponsor or facility operator which are to be reported separately in the classification applicable to the event or exhibition; vendors and route food services, operating in a truck or van moving from place to place throughout the day, which are to be reported separately in classification 1101; vendors of nonfood items which are to be reported separately in the applicable classification; and vending machine service companies that replenish food, snack and beverage products which are to be reported separately in classification 0606.
3905-03 Commissaries and restaurants with construction, erection, logging or mine operations
Applies to commissary or restaurant operations conducted exclusively in connection with a construction, erection, logging or mining camp operation. This classification is limited to food preparation services provided at a camp site or at a mess hall used to feed employees of the construction, logging, erection, or mining company. The foods prepared and served are not intended for, or offered to, the general public.
Special note: The purpose of this classification is to provide employees engaged in the food preparation activity with a classification representative of the work being performed, even though such activities may be occurring at or adjacent to the construction, logging, erection or mining site as provided for in the general reporting rule covering general inclusions.
3905-04 Eating establishments, N.O.C. such as public lunch counters in stores
Applies to establishments not covered by another classification (N.O.C.) engaged in operating lunch counters and restaurants within a retail store location. Use of this classification is limited to employees of an employer who also operates the retail store where the food service is located.
3905-06 Taverns
Applies to establishments engaged in the operation of a tavern. A tavern is primarily engaged in the sale of beer, wine, and alcoholic beverages for on-premises consumption, and may also provide a variety of foods ranging from peanuts and pretzels to hot food dishes. Typical occupations include, but are not limited to, bartenders, wait staff and assistants, cooks, dishwashers, and managerial staff. Beer may also be sold by the keg with the rental of necessary taps and pumps. This classification includes the operation of a "beer garden" at special events such as, but not limited to, fairs or race meets, and the operation of a card room in connection with the tavern.
Special note: Care should be exercised when dealing with establishments that provide entertainment such as musicians, entertainers, disc jockeys or piano players who may be exempt from coverage as an independent contractor. Musicians or entertainers who are considered to be employees of a tavern must be reported separately in classification 6605.
3905-07 Restaurants serving spirits or hard liquor
Applies to establishments engaged in the operation of a restaurant having a license to sell spirits or hard liquor, beer and wine in connection with their food preparation and service. This classification includes the preparation and service of food and beverages at sit down restaurants and lounges including on premises consumption of beer from microbrewery operations in connection with the restaurant. Such establishments have extensive cooking facilities and equipment to prepare full meals. Typical occupations covered by this classification include, but are not limited to, bartenders, hostesses, wait staff and assistants, valet parking attendants, cooks, busboys, dishwashers, cashiers, and managerial staff. This classification also includes the preparation of "take-out food" that customers pick up directly from the restaurant for consumption away from the premises and the operation of a card room in connection with the restaurant.
This classification excludes establishments engaged as a restaurant without a license to sell spirits or hard liquor which are to be reported separately in classification 3905-00; taverns which are to be reported separately in classification 3905-06; catering services which are not part of a restaurant operation which are to be reported separately in classification 3909; musicians who are to be reported separately in classification 6605; and entertainers such as dancers who are to be reported separately in classification 6620.
Special note: Care should be exercised when dealing with establishments that provide entertainment such as musicians, entertainers, disc jockeys or piano players who may be exempt from coverage as independent contractors. Musicians or entertainers who are considered to be employees of a restaurant must be reported separately in classification 6605.
3905-08 Pizza parlors
Applies to establishments engaged in operating a pizza parlor or restaurant. Establishments subject to this classification specialize in the preparation and sales of pizza (but may also provide other foods) and beverages such as wine, beer, alcoholic beverages, or soft drinks for on-premises consumption. Typical occupations include, but are not limited to, hostesses, wait staff and assistants, cooks, dishwasher, cashiers, and managerial staff. This classification also includes establishments that deliver pizza to customers, or where customers can pick up already prepared pizza at the shop, but where no customer seating is provided.
This classification excludes U-bake pizza operations which are to be reported separately in classification 6403.
Special note: Care should be exercised when dealing with establishments that provide entertainment such as musicians, entertainers, disc jockeys or piano players who may be exempt from coverage as independent contractors. Musicians or entertainers who are considered to be employees of a pizza parlor must be reported separately in classification 6605.
3905-09 Fast food drive-ins, N.O.C.
Applies to establishments engaged in the operation of fast food drive-ins or restaurants. These establishments serve easily prepared foods quickly and nonalcoholic beverages which can be eaten on the premises or picked up by customers at a counter or a drive through window. Fast food establishments offer a variety of menu items such as, but not limited to, hamburgers, french fries, tacos, sandwiches, fried chicken, hot dogs, fish and chips, smoothies. Such establishments will generally use disposable eating utensils and throw away plates.
This classification excludes street vendors and/or route food services which are to be reported separately in classification 1101 and full service restaurants which are to be reported separately in classification 3905-00.
3905-11 Soft drink lounges
Applies to establishments engaged in operating soft drink lounges. These types of establishments may provide entertainment such as dancing for an adult audience or a place where youth under age 21 can dance or listen to music. These lounges do not sell alcoholic beverages. This classification includes the preparation and service of light snacks and hors d'oeuvres, such as chips, peanuts, pretzels or finger sandwiches.
This classification excludes entertainers such as exotic dancers who are to be reported separately in classification 6620; and musicians who are to be reported separately in classification 6605.
Special note: Care should be exercised when dealing with establishments that provide entertainment such as musicians, entertainers, disc jockeys or piano players who may be exempt from coverage as independent contractors. Musicians or entertainers who are considered to be employees of a lounge must be reported separately in classification 6605 or 6620 as applicable.
3905-12 Ice cream parlors
Applies to establishments engaged in the operation of an ice cream parlor or frozen yogurt shop. These specialty shops offer a limited menu, usually confined to ice cream and frozen yogurt offered in individual servings, various size containers, and specialty items. Special occasion ice cream cakes may be ordered and picked up at a later date by the customer. These establishments usually provide customer seating.
This classification excludes vendors and/or route food services, operating in a truck or van moving from place to place throughout the day, which are to be reported separately in classification 1101; and vendors selling ice cream from a booth, push cart, mobile stand or tray which are to be reported separately in classification 3905-01.
3905-13 Candy, nut, and popcorn retail stores with on-premises manufacturing
Applies to establishments engaged in operating candy, nut or popcorn stores where some or all the products sold are manufactured on the premises. Establishments in this classification may sell a variety of candies, nuts, or popcorn, or may specialize in one or two products. They may also sell their products in gift wrapped packages.
This classification excludes establishments engaged in selling candy, nuts, or popcorn, that do not manufacture any product on the premises, which are to be reported separately in classification 6406; and establishments primarily engaged in the wholesale manufacturing of candy which is to be reported separately in classification 3906.
3905-14 Espresso/coffee stands and carts
Applies to vendors operating espresso or coffee stands or carts. Products sold include, but are not limited to, coffee, espresso, lattes, Italian sodas, soft drinks, pastries and prepackaged items. These types of vendors do not prepare food. This classification is distinguishable from retail coffee, tea or spice stores in that coffee stands or carts in classification 3905 sell only ready-to-serve products; they do not sell packaged coffee, tea or spice items.
This classification excludes street vendors and/or route food services which are to be reported separately in classification 1101.
AMENDATORY SECTION (Amending WSR 16-11-082, filed 5/17/16, effective 7/1/16)
WAC 296-17A-4814 Classification 4814.
4814-00 Farms: Internship program (to be assigned only by the agricultural specialist)
Applies to qualified farms engaged in providing an internship program for agricultural education. To qualify, the farm must hold a valid certification from labor and industries to provide an internship program that includes a curriculum of learning modules and supervised participation. The internship program is designed to teach farm interns about farming practices and farm enterprise.
Classification 4814 can only be assigned to those farms which have one of the following classifications assigned to their account as the ((governing)) principal classification: 4806, 4810, or 4813.
Special note: The term "farm intern" applies to those certified to participate in the farm internship program. Intern hours must be reported exclusively in classification 4814. All other farm employees' hours are to be reported separately in the applicable farm classification that applies to the farm operation.
AMENDATORY SECTION (Amending WSR 16-11-082, filed 5/17/16, effective 7/1/16)
WAC 296-17A-4815 Classification 4815.
4815-00 Farms: Internship program (to be assigned only by the agricultural specialist)
Applies to qualified farms engaged in providing an internship program for agricultural education. To qualify, the farm must hold a valid certification from labor and industries to provide an internship program that includes a curriculum of learning modules and supervised participation. The internship program is designed to teach farm interns about farming practices and farm enterprise.
Classification 4815 can only be assigned to those farms which have one of the following classifications assigned to their account as the ((governing)) principal classification: 4802, 4803, 4805, 4809, 4811, or 4812.
Special note: The term "farm intern" applies to those certified to participate in the farm internship program. Intern hours must be reported exclusively in classification 4815. All other farm employees' hours are to be reported separately in the applicable farm classification that applies to the farm operation.
AMENDATORY SECTION (Amending WSR 16-11-082, filed 5/17/16, effective 7/1/16)
WAC 296-17A-4816 Classification 4816.
4816-00 Farms: Internship program (to be assigned only by the agricultural specialist)
Applies to qualified farms engaged in providing an internship program for agricultural education. To qualify, the farm must hold a valid certification from labor and industries to provide an internship program that includes a curriculum of learning modules and supervised participation. The internship program is designed to teach farm interns about farming practices and farm enterprise.
Classification 4816 can only be assigned to those farms which have one of the following classifications assigned to their account as the ((governing)) principal classification: 4804, 4808, 7301, 7302, or 7307.
Special note: The term "farm intern" applies to those certified to participate in the farm internship program. Intern hours must be reported exclusively in classification 4816. All other farm employees' hours are to be reported separately in the applicable farm classification that applies to the farm operation.
AMENDATORY SECTION (Amending WSR 14-17-085, filed 8/19/14, effective 9/19/14)
WAC 296-17A-4904 Classification 4904.
Administrative, clerical, reception, and sales staff working in a business office
Classification 4904 is a standard exception classification, as described in WAC 296-17-31018 Exception classifications, with restrictions on both the type of work and the work place. If any of a worker's duties are excluded from 4904 because of restrictions described in this rule, then none of the worker's hours may be reported in Classification 4904.
Special note: Care must be taken:
• To look beyond job titles, such as "clerk" or "cashier." Job titles do not ensure the work or the workplace meet the requirements for 4904.
• Ensure standard exceptions are permitted - Some basic classifications include office work.
Classification 4904 applies only to employees whose job duties are restricted to a business office, meeting room, or similar office like environment that is:
• Physically separated by walls, partitions, or other physical barriers from all other work areas; and
• Where only office work, as described in this rule, is performed.
Classification 4904 excludes any work area where:
• Products sold by the employer are handled or stored;
• Carry out merchandise is displayed for sale;
• Customers bring merchandise they are purchasing to make payment.
Office work is limited to duties such as:
• Communicating by phone or routing phone calls;
• Programming software;
• Technical drafting;
• Designing publication layouts on hardware or by drafting;
• Maintaining financial, personnel, or payroll records;
• Writing or routing correspondence;
• Billing and receiving payments;
• Preparation of insurance policies or billing records;
• Composing informational material;
• Copying documents;
• Utilizing computer software;
• Manual or computer design work;
• Completing forms;
• Researching records;
• Checking persons into a hotel or other facility;
• Writing reports and manuals;
• Attending meetings;
• Assisting walk-in customers;
• Processing payments and invoices.
Office work excludes:
• Handling, packaging, mailing, receiving, or demonstrating any product (or their components) sold by the employer;
• Hand delivering business correspondence outside of the business office.
Special notes:
Classification 4904 permits limited and minimal work outside an office for:
• Banking;
• Taking correspondence to or from the post office;
• Purchasing supplies for the office;
• Taking training courses;
• Attending meetings.
Classification 4904 permits limited and minimal exposure to areas of the employer's premises that do not qualify for office work, if this is necessary for getting to or from a:
• Restroom facility;
• Business office;
• Lunchroom or dining area;
• Break room;
• Delivery of a personal message.
For administrative purposes classification 4904 is divided into the following subclassifications:
4904-00 Clerical office, N.O.C.
4904-13 Clerical office for insurance business
Special note: Individuals issued a license by the office of the insurance commissioner and acting as an insurance producer are exempt from coverage as specified in RCW 51.12.020(11). To elect voluntary coverage these individuals must submit a completed optional coverage form to the department. This exclusion to coverage does not apply if the license is held by someone who otherwise:
• Does not work in the capacity of an insurance producer; and
• Is not compensated related to the volume of insurance sold or premiums collected; and
• Holds a license solely for the purpose of receiving applications or premiums.
4904-17 Clerical office: Employee leasing companies
4904-20 Community action organizations - Clerical office employees, N.O.C.
Applies to the clerical office employees, not otherwise classified (N.O.C.), of organizations performing ((an array of)) two or more services to support the local community and ((citizens)) people in need. See subclassifications 1501-20 and 5308-20 for other community action organization classifications.
AMENDATORY SECTION (Amending WSR 12-11-109, filed 5/22/12, effective 7/1/12)
WAC 296-17A-5308 Classification 5308.
5308-20 Community action organizations - Professional services and administrative employees, N.O.C.
Applies to organizations performing ((an array of)) two or more services to support the local community and ((citizens)) people in need.
This classification applies to professional services and administrative employees who are not otherwise classified (N.O.C.). Work duties in this classification are not performed exclusively in an administrative office environment. Travel may be necessary to perform work at an alternate worksite for appointments with clients or patients, meetings, presentations, agency promotions, or other required out-of-office administrative type work. Work performed in this classification may include, but is not limited to:
• Child care or teaching;
• Counseling or educating for various programs;
• Estimating and project managing when staff performing these duties do not supervise a work crew or perform any type of manual labor;
• Medical, dental and nursing services;
• Program coordinating and directing.
The services provided by community action organizations include:
• After school care;
• Alternative schools;
• Child care;
• Counseling and assistance;
• Decent, safe and sanitary living accommodations for low-income or needy ((citizens)) people;
• Drug and alcohol recovery programs;
• Employment or independence training((, counseling and assistance));
• Food and clothing banks;
• In-home chore services;
• Meals;
• Medical services;
• Transitional or emergency housing;
• Weatherization.
((This classification applies to professional services and administrative employees. Work duties in this classification are not performed exclusively in an administrative office environment. Travel may be necessary to perform work at an alternate work site for appointments with clients, patients, meetings, presentations, agency promotions, or other required out-of-office administrative type work. Work performed in this classification may include, but is not limited to:
• Child care professionals or teachers;
• Counselors or educators for various programs;
• Estimators and project managers who do not supervise a work crew or perform any type of labor;
• Medical, dental and nursing services;
• Program coordinators and directors.
Excluded from this risk classification is any manual labor or supervision of a work crew that performs manual labor, construction or maintenance work, work in a food bank, delivery, or other similar work which is to be reported in risk classification 1501-20; chore workers/home service workers who are to be reported in 6511-20; office employees who work exclusively in an administrative office environment who are to be reported in risk classification 4904-20; housing authorities which are to be reported in 1501-01 and 5306-26; welfare special works programs which are to be reported in 6505; work activity centers which are to be reported in 7309; and volunteers who are to be reported in risk classification 6901.
See classifications 1501-20 and 4904-20 for other community action operations.
Note: Businesses providing one of the services described in this class are to be assigned the classification applicable to the service provided. If all conditions of the general reporting rules have been met, standard exception classifications may apply.)) Excluded from this classification are:
• The following activities, which are to be reported in 1501-20:
- Any manual labor;
- Supervision of a work crew that performs manual labor;
- Work in a food bank;
- Delivery;
- Other similar work.
• Construction or maintenance work. Normal maintenance and repair contemplated by this classification includes, but is not limited to, replacing parts on existing fixtures or equipment, repairing existing structures, normal cleaning or janitorial activities, maintaining existing landscaping, and shoveling snow from driveways or walkways. Construction, alteration, or improvements to the properties are not considered normal maintenance and are not contemplated by this classification. Major repair work is usually performed by contractors who are not employees of the community action organization. New construction or major alterations such as the construction of new additions or the construction of new structures are excluded from this classification and are to be reported separately in the appropriate construction classifications;
• Chore workers/home service workers, who are to be reported in 6511-20;
• Office employees who work exclusively in an administrative office environment, who are to be reported in 4904-20;
• Individuals employed in welfare special works programs, which are to be reported in 6505;
• Individuals employed in work activity centers, who are to be reported in 7309; and
• Volunteers, who are to be reported in 6901 when medical aid coverage has been elected.
See classifications 1501-20, 4904-20, and 6511-20 for other community action operations.
Excluded operations: Firms engaged as housing authorities, which are reported in 1501-01 and 5306-26.
AMENDATORY SECTION (Amending WSR 14-17-085, filed 8/19/14, effective 9/19/14)
WAC 296-17A-6511 Classification 6511.
Chore services/home care assistants
Applies to:
Entities providing chore services/home care assistants to private individuals.
Chore services performed by the chore workers/home care assistants include, but are not limited to:
• General household chores;
• Meal planning and preparation;
• Shopping and errands, either with or without the client;
• Personal care, such as bathing, body care, dressing, and help with ambulating;
• Companionship.
Note:
Some common terms to describe these types of services include supported living, tenant support, and intensive tenant support services.
Also included in this classification are:
• Supervising visits between children and parents, including transporting the child;
• Packing up senior homes;
• Organizing homes prior to customers putting a home on the market;
• Organizing homes prior to customers having an estate auction;
• Pet sitting;
• House sitting.
Excluded activities in this classification:
• Firms involved in organizing homes and also conducting estate auctions (report in 6603).
• Social workers and dieticians employed by home health care service establishments (report in 6303-21). Workers in classification 6303-21 are teaching people living with physical or developmental disabilities living in their own home to manage daily living skills such as caring for themselves, dressing, cooking, etc. Workers in classification 6511 are performing this work as a service to individuals.
• Individuals working under a welfare special works training program (report in classification 6505).
• Residential cleaning or janitorial services (report in classification 6602).
• Skilled or semi-skilled nursing care (report in classification 6110).
• Home health care providers covered under the Washington state home care referral registry (report in classification 6512).
• Household furnishings moving and storage (report in classification 6907).
• Staging services (report in classification 0607).
• Any construction related work. Example: If a business builds shelving as part of organizing homeowner's personal belongings, this employer would not be eligible to report in classification 6511.
For administrative purposes, classification 6511 is divided into the following subclassification(s):
6511-00 Chore services/home care assistants
6511-20 Community action organizations - Chore services/home care assistants
Applies to organizations providing two or more services to support the local community and people in need. See subclassifications 1501-20, 4904-20, and 5308-20 for other community action organization classifications. If the entity provides only chore services, then 6511-00 applies.
AMENDATORY SECTION (Amending WSR 16-18-085, filed 9/6/16, effective 10/7/16)
WAC 296-17A-6906 Classification 6906.
Volunteer law enforcement officers
Applies to medical aid coverage for volunteer law enforcement officers of cities, towns, counties, taxing districts, Native American tribal councils, and state agencies for whom these entities have elected coverage for medical aid only. Duties of law enforcement officers include, but are not limited to:
• Directing traffic;
• Patrolling by motor vehicle, motorcycle, bicycle, on foot or horseback;
• Preventing crimes;
• Investigating disturbances of the peace;
• Arresting violators;
• Conducting criminal investigations;
• Giving first aid;
• Guarding persons detained at the police station; and
• Other similar activity conducted within the course of official duties.
This classification excludes:
• Salaried law enforcement officers;
• Volunteer law enforcement officers for whom the cities, towns, counties, taxing districts or Native American tribal councils have elected full coverage, who are to be reported separately in classification 6905;
• Volunteer law enforcement officers for whom the state agencies have elected full coverage who are to be reported separately in classification 7103;
• Student volunteers and/or unpaid students as defined in chapter 51.12 RCW for whom the cities, towns, counties, taxing districts, or Native American tribal councils have elected medical aid coverage, or for whom state agencies must provide coverage, who are to be reported separately in classification 6901.
For other operations of cities, towns, counties, taxing districts, or state government, see chapter 296-17A WAC classifications: 0803, 1301, 1501, 1507, 4902, 4906, 5305, 5306, 5307, 6901, 6904, 6905, 7103, and 7201.
Special note: This coverage is required for volunteer law enforcement officers of state agencies. This coverage is optional for volunteer law enforcement officers of cities, towns, counties, taxing districts, and Native American tribal councils((, and state agencies.)); to elect coverage for volunteer law enforcement officers, the city, town, county, taxing district, or Native American tribal council((, or state agency)) must submit a completed Application for Elective Coverage of Excluded Employments to the department. Conditions of coverage are outlined on the application. If coverage is provided, all law enforcement officers must be included. See relevant rules, including WAC 296-17-925, 296-17-930, 296-17-935, and 296-17-35201 for reporting instructions and recordkeeping requirements.
For administrative purposes, classification 6906 is divided into the following subclassifications:
6906-00 Volunteer law enforcement officers of cities and towns - Medical aid only
6906-01 Volunteer law enforcement officers of counties, taxing districts and Native American tribal councils - Medical aid only
6906-02 Volunteer law enforcement officers of state agencies - Medical aid only