WSR 09-08-102

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed March 31, 2009, 9:57 a.m. ]

     Subject of Possible Rule Making: Chapter 296-17 WAC, General reporting rules, audit and recordkeeping, rates and rating system for workers compensation insurance and chapter 296-17A WAC, Classifications.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.06.035 and 51.06.100.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Labor and industries is required by law to establish and maintain a workers compensation classification plan that classifies all occupations or industries within the state and sets basic rates of premium for these classifications that are distributed fairly (RCW 51.16.035). The department determined that certain rules may be in need of revision and will be reviewed and/or studied.

     Changes may be made to reporting rule, chapter 296-17 WAC: WAC 296-17-870 Evaluation of actual losses, include reserve amounts for permanent partial disability and vocational option 2 claims.

     Changes may be made to various classifications in chapter 296-17A WAC: WAC 296-17A-0101-41 Logging machine operators, 296-17A-3902 Food manufacturing, 296-17A-4002 Dairy products manufacturing, 296-17A-4805-08 Farms shellfish, 296-17A-4910 Property management, 296-17A-5005 Logging, 296-17A-5307 State government, 296-17A-6103 Schools, 296-17A-6303 Outside sales, 296-17A-5301 Professional service organizations, 296-17A-1101 Driver, and 296-17A-6306 Stores furniture.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state, local or federal agency regulates this subject.

     Process for Developing New Rule: Labor and industries will solicit input from stakeholders by way of direct mailings, the internet, and/or informal public meetings. Labor and industries will use this input to formulate proposed changes to the existing rules and advise customers of future rule making by direct mailing and/or the internet.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Labor and industries will mail letters with ideas on possible rule changes to affected stakeholders. Stakeholders will be encouraged to participate in the process and can obtain information on our process at the employer services web site (www.lni.wa.gov/insuranceservices/employerservices) and can submit comments electronically to moom235@lni.wa.gov or by calling (360) 902-4774 or by fax (360) 902-4729.

March 31, 2009

Judy Schurke

Director

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