WSR 11-14-099

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 5, 2011, 8:25 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-11-071.

Title of Rule and Other Identifying Information: Chapter 296-17A WAC, Classifications for Washington workers' compensation insurance.

Hearing Location(s): Labor and Industries, Room S117, 7273 Linderson Way S.W., Tumwater, WA 98501, on August 11, 2011, at 11:00 a.m.

Date of Intended Adoption: September 2, 2011.

Submit Written Comments to: Bill Moomau, P.O. Box 44148, Olympia, WA 98504-4148, e-mail moom235@lni.wa.gov, fax (360) 902-4988, by 5:00 p.m. on August 11, 2011.

Assistance for Persons with Disabilities: Contact office of information assistance by August 8, 2011, TTY (360) 902-5797.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule is being proposed to be consistent with the Washington horse racing commission's (WHRC) emergency rule adoption (WSR 11-09-077) to permit discounted short-duration license fees at Class A, B, and C racing associations. Class A and B associations' short-duration licenses will be for three thirty-day periods while Class C licenses will allow three seven-day limits. The industrial insurance fees associated with Classes A and B will be 33.3 percent of the full annual license fee, the fee associated with Class C will be twenty percent of the annual license fee. This rule making follows an emergency rule filed June 21, 2011 (WSR 11-13-101).

Reasons Supporting Proposal: The horseracing industry will be able to report and pay premium for the short-duration licenses they issue.

Statutory Authority for Adoption: RCW 51.04.020, 51.16.035, and 51.16.100.

Statute Being Implemented: RCW 51.16.035.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: WHRC, governmental.

Name of Agency Personnel Responsible for Drafting: Jo Anne Attwood, Tumwater, Washington, (360) 902-4777; Implementation: Les Hargrave, Tumwater, Washington, (360) 902-4298; and Enforcement: Beth Dupre, Tumwater, Washington, (360) 902-4209.

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 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.

July 5, 2011

Judy Schurke

Director

OTS-3975.1


AMENDATORY SECTION(Amending WSR 07-24-045, filed 12/1/07, effective 1/1/08)

WAC 296-17A-6614   Classification 6614.  


6614-00 Parimutuel horse racing: All employees, except grooms and exercise riders N.O.C. - major tracks

(to be assigned only by the horse racing underwriter)

Applies to licensed employees of licensed horse trainers at a major parimutuel horse racing track such as Emerald Downs in Auburn. This classification applies to on and off track employees such as assistant trainers and pony riders. Coverage provided in this classification is funded by premiums collected at the time of licensing and is valid from the time of licensing through the end of the calendar year. Trainers premiums are collected on a per license basis.

This classification excludes the following employees:

(1) Licensed grooms working at major tracks are reported separately in classification 6615;

(2) Licensed assistant trainers and pony riders working at a nonprofit track are reported separately in classification 6616;

(3) Licensed exercise riders working at a major track are reported separately in classification 6622;

(4) Licensed exercise riders at a nonprofit track are reported separately in classification 6623; and

(5) Unlicensed employees who work on a farm or ranch are reported in classification 7302.

Special note: All employees whether working at a major track or employed off track must be licensed by the Washington state horse racing commission to be covered under this section.


6614-30 Temporary parimutuel horse racing: All employees, except grooms and exercise riders N.O.C. - major tracks: Temporary thirty-day license.

(to be assigned only by the horse racing underwriter)

Applies to licensed employees of licensed horse trainers at a major parimutuel horse racing track such as Emerald Downs in Auburn. This classification applies to on and off track employees such as assistant trainers and pony riders. Coverage provided in this classification is funded by premiums collected at the time of licensing and is valid from the time of licensing for thirty days. Temporary trainers premiums are collected on a per license basis for thirty days.

This classification excludes the following employees:

(1) Temporary licensed grooms working at major tracks are reported separately in classification 6615-30;

(2) Temporary licensed exercise riders at a major track are reported separately in classification 6622-30; and

(3) Unlicensed employees who work on a farm or ranch are reported in classification 7302.

Special note: All employees whether working at a major track or employed off track must be licensed by the Washington state horse racing commission to be covered under this section.

[Statutory Authority: RCW 51.16.035, 51.16.100, and 2007 c 324. 07-24-045, 296-17A-6614, filed 12/1/07, effective 1/1/08. 07-01-014, recodified as 296-17A-6614, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035 and 51.16.100. 06-23-092, 296-17-73105, filed 11/14/06, effective 1/1/07. Statutory Authority: RCW 51.16.035. 98-18-042, 296-17-73105, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1). 89-16-001 (Order 89-07), 296-17-73105, filed 7/20/89, effective 8/20/89.]


AMENDATORY SECTION(Amending WSR 07-24-045, filed 12/1/07, effective 1/1/08)

WAC 296-17A-6615   Classification 6615.  


6615-00 Parimutuel horse racing: Grooms - major tracks

(to be assigned only by the horse racing underwriter)

Applies to licensed grooms performing services for licensed horse trainers at a major parimutuel horse racing track such as Emerald Downs in Auburn. This classification includes all on or off track duties of a licensed groom such as, but not limited to, cleaning or mucking horses stalls, feeding, and bathing the horses. For workers' compensation purposes, a groom is considered to be an employee of the trainer when the groom is hired by the trainer or when the trainer notifies the commission of the trainer's intent to hire the groom. Coverage provided in this classification is funded by the premiums collected from the trainer at the time of licensing and is valid from the time of licensing through the end of the calendar year.

This classification excludes the following:

(1) Licensed grooms working at a nonprofit track are reported separately in classification 6617;

(2) Licensed assistant trainers and pony riders working at major tracks are to be reported separately in classification 6614;

(3) Licensed assistant trainers and pony riders working at nonprofit tracks are reported separately in classification 6616;

(4) Licensed exercise riders working at a major track are reported separately in classification 6622;

(5) Licensed exercise riders working at a nonprofit track are reported separately in classification 6623;

(6) Unlicensed employees who work on a farm or ranch are reported separately in classification 7302.

Special note: All grooms whether working at a major track or employed off track must be licensed by the Washington state horse racing commission to be covered under this section.


6615-30 Temporary parimutuel horse racing: Grooms - major tracks: Temporary thirty-day license.

(to be assigned only by the horse racing underwriter)

Applies to licensed grooms performing services for licensed horse trainers at a major parimutuel horse racing track such as Emerald Downs in Auburn. This classification includes all on or off track duties of a licensed groom such as, but not limited to, cleaning or mucking horse stalls, feeding, and bathing the horses. For workers' compensation purposes, a groom is considered to be an employee of the trainer when the groom is hired by the trainer or when the trainer notifies the commission of the trainer's intent to hire the groom. Coverage provided in this classification is funded by the premiums collected from the trainer at the time of licensing and is valid from the time of licensing for thirty days.

This classification excludes the following:

(1) Licensed assistant trainers and pony riders working at major tracks are to be reported separately in classification 6614-30;

(2) Licensed exercise riders working at a major track are reported separately in classification 6622-30;

(3) Unlicensed employees who work on a farm or ranch are reported separately in classification 7302.

Special note: All grooms whether working at a major track or employed off track must be licensed by the Washington state horse racing commission to be covered under this section.

[Statutory Authority: RCW 51.16.035, 51.16.100, and 2007 c 324. 07-24-045, 296-17A-6615, filed 12/1/07, effective 1/1/08. 07-01-014, recodified as 296-17A-6615, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, 296-17-73106, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1). 89-16-001 (Order 89-07), 296-17-73106, filed 7/20/89, effective 8/20/89.]


AMENDATORY SECTION(Amending WSR 07-24-045, filed 12/1/07, effective 1/1/08)

WAC 296-17A-6616   Classification 6616.  


6616-00 Parimutuel horse racing: All employees except grooms and exercise riders, N.O.C. - nonprofit tracks

(to be assigned only by the horse racing underwriter)

Applies to licensed employees of licensed horse trainers at a nonprofit track. This classification applies to on or off track employees such as assistant trainers and pony riders. Coverage provided in this classification is funded by premiums collected at the time of licensing and is valid from the time of licensing through the end of the calendar year. Trainer's premiums are collected on a per license basis.

This classification excludes the following:

((1.)) (1) Licensed assistant trainers and pony riders working at a major track are reported separately in classification 6614;

((2.)) (2) Licensed grooms working at a major track are reported separately in classification 6615;

((3.)) (3) Licensed grooms working at a nonprofit track are reported separately in classification 6617;

((4.)) (4) Licensed exercise riders working at a major track are reported in classification 6622;

((5.)) (5) Licensed exercise riders at a nonprofit track are reported in classification 6623;

((6.)) (6) Unlicensed employees who work on a farm or ranch are reported separately in classification 7302.

Special note: All employees whether working at a nonprofit track or employed off track must be licensed by the Washington state horse racing commission to be covered under this section.


6616-07 Temporary parimutuel horse racing: All employees except grooms and exercise riders, N.O.C. - nonprofit tracks: Temporary seven-day license.

(to be assigned only by the horse racing underwriter)

Applies to licensed employees of licensed horse trainers at a nonprofit track. This classification applies to on or off track employees such as assistant trainers and pony riders. Coverage provided in this classification is funded by premiums collected at the time of licensing and is valid from the time of licensing for seven days. Temporary trainer's premiums are collected on a per license basis for seven days.

This classification excludes the following:

(1) Licensed grooms working at a nonprofit track are reported separately in classification 6617-07;

(2) Temporary licensed exercise riders at a nonprofit track are reported in classification 6623-07;

(3) Unlicensed employees who work on a farm or ranch are reported separately in classification 7302.

Special note: All employees whether working at a nonprofit track or employed off track must be licensed by the Washington state horse racing commission to be covered under this section.

[Statutory Authority: RCW 51.16.035, 51.16.100, and 2007 c 324. 07-24-045, 296-17A-6616, filed 12/1/07, effective 1/1/08. 07-01-014, recodified as 296-17A-6616, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035 and 51.16.100. 06-23-092, 296-17-73107, filed 11/14/06, effective 1/1/07. Statutory Authority: RCW 51.16.035. 98-18-042, 296-17-73107, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1). 89-16-001 (Order 89-07), 296-17-73107, filed 7/20/89, effective 8/20/89.]


AMENDATORY SECTION(Amending WSR 07-24-045, filed 12/1/07, effective 1/1/08)

WAC 296-17A-6617   Classification 6617.  


6617-00 Parimutuel horse racing: Grooms - nonprofit tracks

(to be assigned only by the horse racing underwriter)

Applies to licensed grooms performing services for licensed horse trainers at a nonprofit track. This classification includes all on or off track duties of a licensed groom such as, but not limited to, cleaning or mucking horse stalls, feeding, and bathing the horses. For workers' compensation purposes, a groom is considered to be an employee of the trainer when the groom is hired by the trainer or when the trainer notifies the commission of the trainer's intent to hire the groom. Coverage provided in this classification is funded by the premiums collected from the trainer at the time of licensing and is valid from the time of licensing through the end of the calendar year.

This classification excludes the following:

(1) Licensed grooms working at a major track are reported separately in classification 6615;

(2) Licensed assistant trainers and pony riders working at major tracks are reported separately in classification 6614;

(3) Licensed assistant trainers and pony riders working at nonprofit tracks are reported separately in classification 6616;

(4) Licensed exercise riders working at a major track are reported separately in classification 6622;

(5) Licensed exercise riders working at a nonprofit track are reported separately in classification 6623; and

(6) Unlicensed employees who work on a farm or ranch are reported separately in classification 7302.

Special note: All grooms whether working at a nonprofit track or employed off track must be licensed by the Washington state horse racing commission to be covered by this section.


6617-07 Temporary parimutuel horse racing: Grooms - nonprofit tracks: Temporary seven-day license.

(to be assigned only by the horse racing underwriter)

Applies to licensed grooms performing services for licensed horse trainers at a nonprofit track. This classification includes all on or off track duties of a licensed groom such as, but not limited to, cleaning or mucking horse stalls, feeding, and bathing the horses. For workers' compensation purposes, a groom is considered to be an employee of the trainer when the groom is hired by the trainer or when the trainer notifies the commission of the trainer's intent to hire the groom. Coverage provided in this classification is funded by the premiums collected from the trainer at the time of licensing and is valid from the time of licensing for seven days.

This classification excludes the following:

(1) Temporary licensed assistant trainers and pony riders working at nonprofit tracks are reported separately in classification 6616-07;

(2) Temporary licensed exercise riders working at a nonprofit track are reported separately in classification 6623-07; and

(3) Unlicensed employees who work on a farm or ranch are reported separately in classification 7302.

Special note: All grooms whether working at a nonprofit track or employed off track must be licensed by the Washington state horse racing commission to be covered by this section.

[Statutory Authority: RCW 51.16.035, 51.16.100, and 2007 c 324. 07-24-045, 296-17A-6617, filed 12/1/07, effective 1/1/08. 07-01-014, recodified as 296-17A-6617, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, 296-17-73108, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1). 89-16-001 (Order 89-07), 296-17-73108, filed 7/20/89, effective 8/20/89.]


AMENDATORY SECTION(Amending WSR 07-24-045, filed 12/1/07, effective 1/1/08)

WAC 296-17A-6622   Classification 6622.  


6622-00 Parimutuel horse racing: Exercise riders - major tracks

(to be assigned only by the horse racing underwriter)

Applies to licensed exercise riders of licensed horse trainers at a major parimutuel horse racing track such as Emerald Downs. This classification applies to on and off track employment of licensed exercise riders. Jockeys are considered exercise riders when validly licensed as exercise riders and performing exercise rider duties while employed by a licensed trainer. Coverage provided in this classification is funded by premiums collected at the time of licensing and is valid from the time of licensing through the end of the calendar year. Trainers' premiums are collected on a per license basis.

This classification excludes the following:

(1) Licensed grooms at major tracks are reported separately in classification 6615;

(2) Licensed grooms working at nonprofit tracks are reported separately in 6617;

(3) Licensed assistant trainers and pony riders working at a major track are reported separately in classification 6614;

(4) Licensed assistant trainers and pony riders working at a nonprofit track are reported separately in 6616;

(5) Licensed exercise riders at a nonprofit track are reported separately in 6623; and

(6) Unlicensed employees who work on a farm or ranch are reported separately in classification 7302.

Special note: All exercise riders whether working at a major track or employed off track must be licensed by the Washington state horse racing commission to be covered by this section.


6622-30 Temporary parimutuel horse racing: Exercise riders - major tracks: Temporary thirty-day license.

(to be assigned only by the horse racing underwriter)

Applies to licensed exercise riders of licensed horse trainers at a major parimutuel horse racing track such as Emerald Downs. This classification applies to on and off track employment of licensed exercise riders. Jockeys are considered exercise riders when validly licensed as exercise riders and performing exercise rider duties while employed by a licensed trainer. Coverage provided in this classification is funded by premiums collected at the time of licensing and is valid from the time of licensing for thirty days. Temporary trainers' premiums are collected on a per license basis for thirty days.

This classification excludes the following:

(1) Temporary licensed grooms at major tracks are reported separately in classification 6615-30;

(2) Temporary licensed assistant trainers and pony riders working at a major track are reported separately in classification 6614-30;

(3) Unlicensed employees who work on a farm or ranch are reported separately in classification 7302.

Special note: All exercise riders whether working at a major track or employed off track must be licensed by the Washington state horse racing commission to be covered by this section.

[Statutory Authority: RCW 51.16.035, 51.16.100, and 2007 c 324. 07-24-045, 296-17A-6622, filed 12/1/07, effective 1/1/08. 07-01-014, recodified as 296-17A-6622, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035 and 51.16.100. 06-23-092, 296-17-73201, filed 11/14/06, effective 1/1/07.]


AMENDATORY SECTION(Amending WSR 07-24-045, filed 12/1/07, effective 1/1/08)

WAC 296-17A-6623   Classification 6623.  


6623-00 Parimutuel horse racing: Exercise riders - nonprofit tracks

(to be assigned only by the horse racing underwriter)

Applies to licensed exercise riders of licensed horse trainers at a nonprofit track. This classification applies to on or off track employment of exercise riders. Jockeys will be considered exercise riders when validly licensed as exercise riders and performing exercise rider duties while employed by a licensed trainer. Coverage provided in this classification is funded by premiums collected at the time of licensing and is valid from the time of licensing through the end of the calendar year. Trainer premiums are collected on a per license basis.

This classification excludes the following:

(1) Licensed assistant trainers and pony riders working at a major track are reported separately in classification 6614;

(2) Licensed assistant trainers and pony riders working at a nonprofit track are reported separately in 6616;

(3) Licensed grooms working at a major track are reported separately in classification 6615;

(4) Licensed grooms working at a nonprofit track are reported separately in classification 6617;

(5) Licensed exercise riders working at a major track are reported separately in 6622; and

(6) Unlicensed employees who work on a farm or ranch are reported separately in classification 7302.

Special note: All exercise riders whether working at a nonprofit track or employed off track must be licensed by the Washington state horse racing commission to be covered by this section.


6623-07 Temporary parimutuel horse racing: Exercise riders - nonprofit tracks: Temporary seven-day license.

(to be assigned only by the horse racing underwriter)

Applies to licensed exercise riders of licensed horse trainers at a nonprofit track. This classification applies to on or off track employment of exercise riders. Jockeys will be considered exercise riders when validly licensed as exercise riders and performing exercise rider duties while employed by a licensed trainer. Coverage provided in this classification is funded by premiums collected at the time of licensing and is valid from the time of licensing for seven days. Temporary trainer premiums are collected on a per license basis for seven days.

This classification excludes the following:

(1) Licensed assistant trainers and pony riders working at a nonprofit track are reported separately in 6616-07;

(2) Temporary licensed grooms working at a nonprofit track are reported separately in classification 6617-07;

(3) Unlicensed employees who work on a farm or ranch are reported separately in classification 7302.

Special note: All exercise riders whether working at a nonprofit track or employed off track must be licensed by the Washington state horse racing commission to be covered by this section.

[Statutory Authority: RCW 51.16.035, 51.16.100, and 2007 c 324. 07-24-045, 296-17A-6623, filed 12/1/07, effective 1/1/08. 07-01-014, recodified as 296-17A-6623, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035 and 51.16.100. 06-23-092, 296-17-73203, filed 11/14/06, effective 1/1/07.]

Washington State Code Reviser's Office