WSR 13-18-061

PREPROPOSAL STATEMENT OF INQUIRY

[Filed September 3, 2013, 10:10 a.m.]

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

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.16.035.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Labor and industries (L&I) is required by law to establish and maintain a workers' compensation plan that classifies all occupations or industries within the state and to set basic rates of premium for these classifications (RCW 51.16.035). Research indicates a need for clarity in rules for applying multiple classifications. Revisions are being considered for WAC 296-17-31017 and 296-17-310171. The WAC currently states that employers must keep work records for each employee working in each basic classification to qualify for more than one basic classification. The WAC later states that "different employees must work in each basic classification." The proposed change will clarify the inconsistency and make it easier for staff and the public to understand the rule requirements.

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: Field audit and employer services are working together to ensure consistency among relevant sections of the WAC. L&I will invite input from the business community by way of direct mailings, the internet, informal public meetings, or more than one of these. L&I will use this input to formulate proposed changes to the existing rules and advise customers of future rule making by direct mailing, the internet, or both.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Employer[s] will be encouraged to participate in the process to share ideas and attend meetings. They can submit comments electronically to colleen.nelson@lni.wa.gov or calling (360) 902-4773, fax (360) 902-4729 or mail to Colleen Nelson, Department of Labor and Industries, P.O. Box 44148, Olympia, WA 98504.

September 3, 2013

Joel Sacks

Director