Subject of Possible Rule Making: Chapter 296-15 WAC, Workers' compensation self-insurance rules and regulations, this chapter governs employers who are permitted to self insure their workers' compensation obligation pursuant to Title 51 RCW. This filing includes modifications to existing sections and creation of new sections regarding how the department will calculate each self-insurers' assessment for the industrial insurance second injury fund, specifically to implement an experience rating of each self-insurers' use of the fund.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.44.040.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Pursuant to chapter 475, Laws of 2005 (SSB 5992) the department will implement rules to establish an experience rating for self insurers' use of the industrial insurance second injury fund.

     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 work with representatives of the labor and self-insured employer communities on all changes to the self-insurance regulations. A public hearing will be held in Tumwater after the proposal is filed.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jean Vanek, Department of Labor and Industries, Self Insurance Section, P.O. Box 44890, Olympia, WA 98504-4890, phone (360) 902-6907, fax (360) 902-6900, e-mail vanj235@lni.wa.gov.

January 23, 2007

Judy Schurke

Acting Director

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