WSR 16-02-089 PROPOSED RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed January 5, 2016, 11:20 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-21-067.
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): Department of Labor and Industries, Room S117, 7273 Linderson Way S.W., Tumwater, WA 98504, on February 25, 2016, at 1:00 p.m.
Date of Intended Adoption: July 5, 2016.
Submit Written Comments to: Annie Peeples, Department of Labor and Industries, P.O. Box 44148, Tuwmater, WA 98504-4148, e-mail Annie.Peeples@lni.wa.gov, fax (360) 902-5830, by February 25, 2016, at 5:00 p.m.
Assistance for Persons with Disabilities: Contact office of information and assistance by February 19, 2016, TTY (360) 902-5797 or (800) 547-8367.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:
The department intends to review these chapters and make revisions to:
These proposed changes will not change employer rates or reporting requirements.
Reasons Supporting Proposal: These changes will make it easier for agency staff and customers to understand and apply the risk classifications and subclassifications for workers' compensation, and help ensure fair and consistent rating for employers. As part of this rule making, the department also intends to review these chapters 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.
Statute Being Implemented: RCW 51.16.035.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Annie Peeples, Tumwater, Washington, (360) 902-4723; Implementation: Keith Bingham, Tumwater, Washington, (360) 902-4298; and Enforcement: Victoria Kennedy, Tumwater, Washington, (360) 902-4997.
No small business economic impact statement has been prepared under chapter 19.85 RCW. 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, they are exempted from a small business economic impact statement.
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.
January 5, 2016
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 12-11-109, filed 5/22/12, effective 7/1/12)
WAC 296-17-31002 General rule definitions.
In developing the general reporting rules and classifications which govern Washington's workers' compensation classification plan, we have used certain words or phrases which could have several meanings. Many of these words or phrases are defined by law in the Revised Code of Washington (Title 51 RCW). Some words, however, are not defined by law. To reduce the misunderstanding which can result by our use of certain words or phrases not defined in law (Title 51 RCW), we have developed definitions which will govern what these words and phrases mean for purposes of these chapters (chapters 296-17 and 296-17A of the Washington Administrative Code (WAC)).
The following words or phrases mean:
Account: A unique numerical reference that we assign to you that identifies your business or businesses and allows us to track exposure that you report to us and losses (claims) which we pay on your behalf.
Account manager: An individual who works in the underwriting section of the department of labor and industries and manages an employer's workers' compensation insurance account. An account manager is also referred to as an underwriter.
Actual hours worked: A worker's composite work period beginning with the starting time of day that the employee's work day commenced, and ((includes)) including the entire work period, excluding any nonpaid lunch period, and ending with the quitting time each day work was performed by an employee. The following example is provided to illustrate how work hours are to be reported. If you have questions on reporting please contact our underwriting section at 360-902-4817.
Example: A carpet installer arrives at the employer's place of business at 8:00 a.m. to pick up supplies, carpet, and the job assignment. The carpet installer arrives at the job site at 9:00 a.m. and works until 12 noon. The installer takes a half hour nonpaid lunch period and resumes working from 12:30 p.m. until 4:00 p.m. The installer then returns to the employer's premise to drop off supplies and carpet waste. The installer leaves the employer's premise at 5:30 p.m. The employer is to report nine hours of work time regardless of whether the employee is paid by the hour or by the number of yards of carpet installed.
All: When a classification contains a descriptive phrase beginning with "all" such as in "all employees," "all other employees," "all operations," or "all work to completion," it includes all operations and employments which are normally associated with the type of business covered by the classification. This condition applies even if the operations or employments are physically separated or conducted at a separate location. Operations or employments are to be classified separately when the classification wording requires it, or when the operations or employments are not incidental to, and not usually associated with, the business described by the classification.
And: When this word is contained in any rule it is to be considered the same as the phrase "and/or."
Basic classification: A grouping of businesses or industries having common or similar exposure to loss without regard to the separate employments, occupations or operations which are normally associated with the business or industry. Basic classifications describe a specific type of business operation or industry such as mechanical logging, sawmills, aircraft manufacturing, or restaurants. In most business operations some workers are exposed to very little hazard, while others are exposed to greater hazard. Since a basic classification reflects the liability (exposure to hazard) of a given business or industry, all the operations and occupations that are common to an industry are blended together and included in the classification. The rate for a basic classification represents the average of the hazards within the classification. All classifications contained in ((this manual)) chapter 296-17A WAC are considered basic classifications with the exception of classifications 4806, 4900, 4904, 5206, 6301, 6303, 7100, 7101, and temporary help classifications 7104 through 7122. Classification descriptions contained in WAC 296-17A-0101 through 296-17A-7400 establish the intended purpose or scope of each classification. These descriptions will routinely include types of businesses, operations, processes or employments which are either included or excluded from the classification. These references are not to be considered an all inclusive listing unless the classification wording so specifies.
Bona fide officer: Any person empowered in good faith by stockholders or directors, in accordance with articles of incorporation or bylaws, to discharge the duties of such officer.
But not limited to: When this phrase is used in any rule in this ((manual)) chapter or 296-17A WAC it is not to be interpreted as an all inclusive list. Such a list is meant to provide examples of operations, employments, processes, equipment or types of businesses which are either included or excluded from the scope of the classification.
Excludes or excluding: When a classification contains a descriptive phrase beginning with "excludes" or "excluding" such as "excluding drivers or delivery," "excluding second hand appliance stores," or "excludes construction operations," you must report those operations in a separate classification. If a business fails to keep the records required in the auditing recordkeeping section of ((this manual)) rules in this chapter and we discover this, we will assign all workers' hours for which records were not maintained to the highest rated classification applicable to the work which was performed.
Exposure: Worker hours, worker days, flat rate, licenses, material, payroll or other measurement which we use to determine the extent to which an employer's workers have been exposed to the hazards found within a particular business or industry classification.
Free from direction or control: The contracted individual has the responsibility to deliver a finished product or service without the contracting firm or individual either exercising direct supervision over the work hours or the methods and details of performance or having the right to exercise that authority under the contract.
Includes or including: When a classification contains a descriptive phrase beginning with "includes" or "including" such as "including clerical office," "including meter readers," or "includes new construction or extension of lines," you must report these operations in that basic classification even though they may be specifically described by some other classification contained in ((this manual)) chapter 296-17A WAC or may be conducted at a separate location.
Industrial insurance: Refer to the definition of "workers' compensation insurance."
N.O.C.: This abbreviation stands for not otherwise classified. Classifications are often worded in this way when there are many variations of the same general type of business and it would be nearly impossible to list all the variations. Before a classification designated with N.O.C. is used, all other related classifications must be reviewed to determine if the business or industry is specified in another classification.
Example: You operate a retail store that sells greeting cards. In our search to classify your business we come across a classification that covers retail stores N.O.C. Before our underwriter assigns this classification to your business, they would look at other retail store classifications to see if a more precise classification could be found. In our review we note several classifications such as grocery and department stores where greeting cards are sold. None of these classifications, however, specify that they include stores that exclusively sell greeting cards. Classification 6406 "Retail stores, N.O.C.," on the other hand, contains language in its description that states it includes stores that sell items such as greeting cards, table top appliances, and tropical fish and birds. We would assign classification 6406 "Retail stores, N.O.C." to your business.
Or: Refer to the definition of the word "and."
Premium: The total amount of money owed to the department of labor and industries as calculated by multiplying the assigned classification composite rate by the total units of exposure.
Principal: When referencing principal business, principal operations, principal enterprise, or principal classification; refers to the business or portion of the business described by the basic classification with the most exposure (worker hours).
Principal place of business: The physical location of the business from which the contract of service is directed and controlled.
Rate: The amount of premium due for each unit of exposure. All rates are composite rates per worker hour except as otherwise provided for by other rules in this ((manual)) chapter or 296-17A WAC.
Related by blood within the third degree: The degree of kinship as computed according to the rules of civil law.
Related by marriage: The union subject to legal recognition under the domestic relations laws of this state.
Risk: All insured operations of one employer within the state of Washington.
Temporary ((help: The term "temporary help")) staffing services: Means the same as temporary ((service contractors defined in (Title 19 RCW))) help company, and applies to any person, firm, association or corporation conducting a business which consists of employing individuals directly for the purpose of furnishing such individuals on a part-time or temporary help basis to others.
Underwriter: Refer to the definition of an "account manager."
Within a reasonable period: Establishing an account with state agencies shall be the time prior to the first date on which the individual begins performance of service toward the contract or the date upon which the individual is required to establish an account with a state agency, as otherwise required by law, whichever event occurs later.
Work day: Any consecutive twenty-four hour period.
Work hour: Refer to the definition of "actual hours worked."
Workers' compensation insurance: The obligation imposed on an employer by the industrial insurance laws (Title 51 RCW) of the state of Washington to insure the payment of benefits prescribed by such laws.
AMENDATORY SECTION (Amending WSR 07-12-045, filed 5/31/07, effective 7/1/07)
WAC 296-17-31011 Classification system and plan.
(((1) What is a workers' compensation classification system?
A workers' compensation classification system is an objective method of collecting money (premiums) to pay the benefits of workers injured on the job. We believe the method used to spread this cost among the employers we insure should be fair and have some relationship to their hazard and potential for loss. Classifications are the tool used to achieve a fair method of distributing the risk among employers we insure. Objective boundaries are established for each classification. These boundaries describe the types of businesses which are included in the classification, as well as the operations and employments routinely encountered. We refer to these objective boundaries as the scope of the classification. Once these boundaries have been defined, we can begin collecting information about the employers assigned to each classification. The information includes the exposure which is being covered (risk) and the losses (claims) which are related to these businesses. Next, we use this information to establish premium rates that employers in each industry will pay for their workers' compensation insurance. Our goal is to produce fair insurance rates which reflect the hazardous nature of each industry. We have tailored our classification system in Washington to reflect industries found in our state. This makes our system responsive to change and provides rate payer equity to the employers we insure. Employers engaged in more hazardous industries such as logging will pay higher insurance rates than employers engaged in less hazardous businesses such as retail store operations.
(2) Why is a classification system needed?
We need a classification system to provide fair premium rates. Washington law (RCW 51.16.035) also requires us to have a classification system.
(3) Is the classification system the same as the classification plan?
No, we refer to the body of rules (WACs) which establish the general parameters of how classifications are to be used as the "classification system." These rules speak to the requirements of workers' compensation insurance and to our general classification approach, such as classifying by nature of business in the state of Washington, not by occupation of worker. The "classification plan" refers to all of the various classification descriptions which describe different types of business or industry. The classification system rules (general rules) will apply to all businesses unless another treatment is specifically provided for in the classification plan rules (special rules).
(4) How is our classification plan designed?
We have designed a plan which is keyed to the nature of the businesses or industries of the employers we insure. Our plan has over three hundred business or industry classifications. Each classification carries a premium rate which reflects the hazards that workers are exposed to. Descriptions of our classifications can be found in WAC 296-17A-0101 through 296-17A-7400.
(5) Is your classification approach similar to the approach used by private insurance companies?
Yes, we are required by law (RCW 51.16.035) to use the same classification (underwriting) approach used by private carriers.)) Washington law (RCW 51.16.035) requires us to classify occupations or industries by their level of hazard, in accordance with recognized principles of workers' compensation insurance which encourage safety and facilitate premium collection. The classification system and plan in Washington are based on insurance principles similar to those in other states and also reflect Washington's industries and workers' compensation laws.
(1) What is the workers' compensation classification system?
The rules in chapter 296-17 WAC are the workers' compensation classification system. These rules:
• Define how we apply the classification plan to classify businesses by their degree of hazard.
• Assign premium rates that fairly represent employers' risks so that the premiums we collect cover all claim costs.
Our classification system follows recognized insurance principles described in WAC 296-17-31029 Insurance principles. These principles help ensure that employers are properly grouped and fairly rated.
We group industries that share similar risks together for common rating. Employers with similar risks tend to have workplace injuries with similar frequency, severity, and cause. Higher hazard industries are more likely to have workplace injuries, and the injuries are more likely to be severe.
By analyzing the history of injuries and costs for each classification grouping, we can reliably project future costs of claims for a classification. We adjust premium rates yearly so that we collect enough premiums to pay for these projected costs. Employers engaged in higher hazard industries, such as logging, will pay higher premium rates than employers engaged in lower hazard businesses, such as retail store operations.
The workers' compensation classification system rules apply to all businesses unless another treatment is specifically provided for in the classification plan (see subsection (2) of this section).
(2) What is a workers' compensation classification plan?
The rules in chapter 296-17A WAC are the workers' compensation plan. These rules group employers into risk classifications based on the nature of a business. We do not classify and rate individual jobs or occupations (see Example 2, WAC 296-17-31015 General inclusions). Instead, each classification describes the types of businesses and operations it includes, and the classification is a blend of exposures and risks representing the combined work for all of the businesses in the classification. Sometimes a classification may also reference certain operations (tasks, processes, activities, etc.) excluded from the classification. We refer to the boundary between what is included in and excluded from a classification as the "scope" of the classification.
The classification plan in chapter 296-17A WAC provides descriptions and scopes for businesses and industries found in the state of Washington.
Classifying by the nature of business:
• Makes our classification plan responsive to industry innovation and change.
• Ensures our classifications represent businesses with similar levels of hazard, which in turn promotes fair and equitable rates.
AMENDATORY SECTION (Amending WSR 00-14-052, filed 7/1/00, effective 7/1/00)
WAC 296-17-31012 Classification assignment.
(((1) How are classifications assigned to my business?
We will assign a basic classification or classifications to your business based on the nature of your business operation(s) in the state of Washington. We will not assign classifications to your business based on the individual operations, duties or occupations of individuals found within your business unless the basic classification assigned to your business either requires or permits a separate classification treatment for specified operations or employments. Exceptions to this approach are outlined in WAC 296-17-31017 and 296-17-31018.
(2) Does this same classification approach apply if I have several businesses?
This classification approach will apply to each separate legal entity. Each separate legal entity will be classified on its own merits.
(3) How do you decide what classification(s) to assign to my business?
To determine what classification(s) to assign to your business, we need enough information to give us a clear understanding of the precise nature of your business and the hazards your business poses to your workers. In some cases we will need to call you to obtain more detailed information about your business. Occasionally one of our field representatives may visit your business to gain a better understanding of the nature of your business. In most cases we will find a classification that specifically describes your business.
Example: You operate a company that sells baked goods to retail customers. Before we can classify your business we need to determine whether you bake the goods you are selling or are simply selling goods another business has baked. Once we have determined the precise nature of your business, we will review all of the available classifications to find the one that best describes the entire business. If the business has baked the products they are selling, we would consider a bakery classification or maybe a restaurant classification. If your business simply sells baked goods that another business made, we may look at a retail store classification. In most cases we will find a classification that specifically describes the business we are classifying.)) (1) How are classifications assigned to my business?
We begin by assigning a basic classification to your business based on the nature of your business. To determine the nature of your business, we need to understand your combined business operation(s), the products you produce and the services you provide in the state of Washington. We will not assign additional classifications to your business based on individual operations or occupations within your overall business unless:
• The basic classification assigned to your business either requires or permits separate classifications for specific operations or employments.
• Additional classifications are required or permitted by WAC 296-17-31017 Multiple classifications or WAC 296-17-31018 Exception classifications.
• The nature of your business is:
− Temporary help services, WAC 296-17A-7104 to 296-17A-7122;
− Farming and agriculture, WAC 296-17-31014;
− Construction business, WAC 296-17-31013.
(2) What if I have several businesses?
Each entity registered by a unique Unified Business Identifier (UBI) is classified separately based on the nature of its combined operations, without regard to any operations under any other UBI.
AMENDATORY SECTION (Amending WSR 14-24-049, filed 11/25/14, effective 1/1/15)
WAC 296-17-31013 ((Building)) Construction.
(((1) Does this same classification approach apply to building and construction contractors?
Yes, but it may not appear that way without further explanation. We classify contractors by phase and type of construction since it is common for each contract to vary in scope.
Example: A contractor who builds and remodels private residences may frame the structure and work on no other phases of the project. On another job the same contractor may do only the interior finish carpentry. On still another job the contractor may install a wood deck or build a garden arbor. Each of these carpentry activities is covered by a different classification code. To ensure that contractor businesses receive the same treatment as other businesses, we assign classifications according to the phases and types of construction they contract to perform. Since some contractors specialize in one area of construction, such as plumbing, roofing, insulation, or electrical services, this classification approach mirrors that of nonbuilding contractor businesses. The policy of assigning several basic classifications to contractors engaged in multiple phases of construction may seem to be in conflict with the classification approach used for nonbuilding contractor businesses, but we have simply used the multiple business classification approach.
If we have assigned multiple classifications to your construction business you should take special care in maintaining the records required in the auditing and recordkeeping section of this manual. If we discover that you have failed to keep the required records we will assign all worker hours for which the records were not maintained to the highest rated classification applicable to the work that was performed.
(2) Who does this rule apply to?
If you are a building, construction or erection contractor and we have assigned one or more of the following classifications to your business, this rule applies to you: 0101, 0103, 0104, 0105, 0106, 0107, 0108, 0112, 0201, 0202, 0210, 0212, 0214, 0217, 0219, 0301, 0302, 0303, 0306, 0307, 0403, 0502, 0504, 0507, 0508, 0509, 0510, 0511, 0512, 0513, 0514, 0516, 0517, 0518, 0519, 0521, 0540, 0541, 0550, 0551, 0601, 0602, 0603, 0607, 0608, and 0701.
(3) Can I have a single classification assigned to my business to cover a specific construction project?
Yes, to simplify recordkeeping and reporting requirements we will assign a single classification to cover an entire project.
(4) How do I request the single classification for one of my construction projects?
You should send your request to the attention of your account manager at the address below:
Department of Labor and Industries
P.O. Box 44144
Olympia, Washington 98504-4144
(5) If I have asked for a single classification on one of my construction projects, how do you determine which classification will apply?
You must supply us with a description of the project and a break down of the total number of hours of exposure by phase of construction that you are responsible for.
Example: You notify us that your company will be responsible for all plumbing and iron erection work on a commercial building site. You have requested a single classification for this project. In your request you tell us that you estimate that it will take one thousand work hours to perform all the plumbing work and five hundred work hours to do the steel erection work.
With this information we will estimate the premiums by classification.
Example: We determine that the plumbing work is covered under classification 0306 and the steel erection work is covered under classification 0518. Assume that classification 0306 has an hourly premium rate of $1.50 and classification 0518 has an hourly premium rate of $2.55. We estimate the total premium on this job to be $2,775 (1,000 hours x $1.50 = $1,500 + 500 hours x $2.55 = $1,275).
Our next step in this process is to develop an average hourly rate for the project. We will use this information to select the single classification which will apply to this project.
Example: We will take the estimated premium ($2,775) and divide this number by the estimated hours (1,500) and arrive at an average hourly rate of $1.85.
To select the single classification that will apply to a construction project, we will compare the average hourly rate that we have computed to the rates of the classifications applicable to the project. We will select the classification whose hourly rate is the closest to the average hourly rate that we computed from the information you supplied us with.
Example: From the information you supplied, we have determined that the average hourly rate for this project is $1.85. We also know that the rate for the plumbing classification (0306) is $1.50 per hour and the rate for steel erection is $2.55 per hour. We would assign classification 0306 as the single classification applicable to this project.
(6) How will I know what classification will apply to my construction project?
We will send you a written notice which will specify the basic classification and premium rate that will apply to this project.
(7) If I have asked for a single classification to cover one of my construction projects, am I required to use the single classification which you gave me?
No, but you should call your account manager to verify what other classifications would apply to the project. The name and phone number of your account manager can be found on your quarterly premium report or your annual rate notice. For your convenience you can call us at 360-902-4817 and we will put you in contact with your assigned account manager.
(8) I am a general construction or erection contractor; I subcontract all my work and have no employees of my own. Do I have to report to the department of labor and industries?
No, since you do not have employees, you do not need to report to the department of labor and industries. You should be aware that the workers' compensation insurance laws of Washington include certain independent contractors as workers. If we determine that an independent contractor that you used qualifies as a covered worker, you will be responsible for the premium due for their work time. You can also be held responsible for premiums due to labor and industries if you subcontract with an unregistered contractor and they fail to pay premiums on behalf of their employees. It is in your best interest to make sure that your subcontractors are registered contractors in good standing by confirming their status on the department's web site or contacting your account manager.
(9) Am I required to keep any special records of subcontractors that I use?
Yes, you are required to keep certain information about the subcontractors that you use. The information required is:
• Subcontractor's legal name;
• Contractor registration number and expiration date;
• UBI number (or labor and industries account ID number).
If you supply materials to a subcontractor, also keep a record of the:
• Amount of material supplied;
• Project name or location;
• Date material was supplied; and
• Completion date of contracted work.
Failure to maintain these records may result in the subcontractor being considered a covered worker for whom you must report hours.
(10) What classification should I use to report construction site cleanup by my employees? You should report the cleanup of construction debris in the same classification that applied to the work which generated the debris unless another classification treatment is provided for in other rules. For example, if you are a roofing contractor and you have an employee pick up roofing debris at the construction (project) site, you would report the employee involved in the site cleanup in the roofing classification (0507). If you are the general contractor at a construction site and have either classification 0510 "wood frame building construction" or classification 0518 "nonwood frame building construction" assigned to your business, you would report site cleanup in the classification applicable to the type of building you are constructing. For example, if you are a general contractor and you are engaged in building a single-family wood frame dwelling, you would report construction site cleanup by your employees in classification 0510 "wood frame building construction."
(11) I am a construction site clean-up contractor, my employees only pick up construction debris, we do no construction work, what classification do I report site cleanup in? If your employees are collecting and/or removing construction site debris, you would report in classification 4305-22. If your employees are collecting and/or removing nonconstruction debris such as household junk, garden waste, basement debris, furniture and appliances, you would also report in classification 4305-22. If you have contracts to clean up construction debris and also provide preoccupancy clean up work and are not a construction contractor, then you can divide hours between the two risk classifications 4305-22 and 6602-03 providing accurate accounting records are kept for both activities.
(12) What classification should I use to report the work time of my employees when they are involved in the set up of scaffolding, hoists, cranes, towers or elevators at a construction site? We use the same classification treatment for this type of work as we do with construction site cleanup. For example, if you are a roofing contractor and you have an employee set up scaffolding at the construction (project) site, you would report the employee involved in the set up of scaffolding in the roofing classification (0507). If you are the general contractor at a construction site and have either classification 0510 "wood frame building construction" or classification 0518 "nonwood frame building construction" assigned to your business, you would report the set up of scaffolding at the construction in the classification applicable to the type of building you are constructing. For example, if you are a general contractor and you are engaged in building a single-family wood frame dwelling, you would report scaffolding set up by your employees in classification 0510 "wood frame building construction." Helicopter services that are engaged to assist in lifting beams, air conditioning units, statues and other objects onto buildings or structures are to be reported separately in classification 6803.
(13) Is preoccupancy cleanup of a building by my employees classified the same as debris cleanup at a construction site? Since your understanding of what preoccupancy clean-up work is may be different from ours, we need to share with you our understanding before we can answer this question. Our understanding in this area is that preoccupancy cleanup occurs after the building is finished. The clean-up work consists of washing paint and overspray from windows, vacuuming carpets, washing floors and fixtures, and dusting woodwork, doors and cabinets. If you have employees whose duties are limited to this type of cleaning, we will allow you to report their work time in classification 6602 "janitors."
(14) If I have an employee who does some construction work, construction site cleanup and preoccupancy cleanup, can I divide their work time between the janitor and a construction classification? No, we will not permit you to divide the work time of an employee between the janitor classification and a construction classification. If you have an employee who does preoccupancy clean-up work for you, and that employee also performs other nonpreoccupancy clean-up work for you such as construction work, shop work or construction site debris clean-up work, then you must report all of their work time in the applicable construction or nonshop classification.)) (1) What is the classification approach for construction contractors?
We classify contractors by phase of construction. Phase of construction refers to the type of construction work or the parts of a construction contract we classify and rate separately. This means contractors performing multiple types of construction generally have more than one basic classification.
Example 1: A contract for building a kitchen may include cabinet installation, tiling, and painting. These three pieces of the contract are considered separate phases of construction since each of the types of work are often performed by a separate specialty contractor. A contractor performing multiple phases reports employees' hours by each phase of construction.
Example 2: A concrete contractor agrees to build a new concrete driveway. As part of this job, the contractor has employees assemble wood forms to pour the concrete into. Since assembling wood forms for concrete construction is not normally subcontracted out to specialty contractors, we consider this work included in the concrete work classification. The concrete contractor reports the assembly of the wood forms in the classification for the concrete work.
Example 3: A plumbing contractor must remove a section of wall, or tear up some flooring to repair a pipe. The minor tear out and repair is considered part of the pipe repair phase of construction as long as the work is performed by the plumber's own employees. The contractor reports this work with the plumbing work. However, if the plumber contracts out the floor or wall repair, the subcontractor reports in the classification(s) that best describe the work performed.
(2) Who do the construction rules apply to?
If we assign one or more of the following classifications to your business, this rule applies to you: 0101, 0103, 0104, 0105, 0106, 0107, 0108, 0112, 0201, 0202, 0210, 0212, 0214, 0217, 0219, 0301, 0302, 0303, 0306, 0307, 0403, 0502, 0504, 0507, 0508, 0509, 0510, 0511, 0512, 0513, 0514, 0516, 0517, 0518, 0519, 0521, 0540, 0541, 0550, 0551, 0601, 0602, 0603, 0607, 0608, and 0701.
(3) To simplify recordkeeping and reporting requirements, can I have a single classification assigned to my business to cover a specific construction project?
Yes, you can request a single classification to cover all phases of work for an entire project, by contacting your account manager. A separate request is required for each project where you want a single classification for reporting.
(4) How does the department determine the single classification for a project?
We prorate based on the information you provide. You must give us a description of the project with an estimate of the total number of hours expected to be worked in each phase of construction that you are responsible for.
Example: You notify us that your company will be responsible for all plumbing and iron erection work on a commercial building site. You have requested a single classification for this project. In your request, you tell us that you estimate that it will take 1,000 work hours to perform all the plumbing work and 500 work hours to do the steel erection work.
With this information we will estimate the premiums by classification:
We determine that the plumbing work is covered under classification 0306 and the steel erection work is covered under classification 0518.
Assume for this example that classification 0306 has an hourly premium rate of $2.50 and classification 0518 has an hourly premium rate of $3.50. We estimate the total premium on this job to be $4,250; (1,000 hours x $2.50 = $2,500) + (500 hours x $3.50 = $1,750).
We then develop an average hourly rate for the project, by taking the estimated premium of $4,250 and dividing this number by the 1,500 hours estimated. This provides an average hourly rate of $2.83.
To select the single classification that will apply to a construction project, we will compare the average hourly rate that we have computed to the rates of the classifications applicable to the project. We will select the classification whose hourly rate is the closest to the average hourly rate that we computed from the information you supplied us with:
• The average hourly rate for this project is $2.83.
• The rate for the plumbing classification (0306) is $2.50 per hour.
• The rate for steel erection is $3.50 per hour.
We would assign classification 0306 as the single classification applicable to this project, and send you a written notice which will specify the basic classification and premium rate that will apply to this project.
(5) If I request and receive a single classification for my construction project, am I required to use the classification for reporting all of my hours?
No, but let your account manager know you decided against using the single classification and you will report the work by phase of construction. This will avoid any potential confusion if you are audited.
(6) I have no employees because I either perform the work myself or I subcontract it out. Do I need a workers' compensation account with the department of labor and industries?
If you do not hire workers who are covered by Washington's workers' compensation laws, you are not required to have a workers' compensation account with the department of labor and industries (L&I). However, Washington state laws (RCW 51.08.180 and 51.08.181) interpret some workers, even when paid by a federal 1099 form, as covered workers who you must report to L&I and pay workers' compensation premium for, along with any employees you report to the IRS as employees.
If you do not pay premium for someone you hire as an contractor, and it is later determined he, or she, is a covered worker, you will be responsible for paying the premium you owe with interest, as well as any assessed penalties; these can include claim costs associated with an injury.
You can also be held responsible for premiums owed to L&I if you subcontract work to another contractor and they fail to pay premiums on their own workers (RCW 51.12.070).
To avoid these unexpected costs, it is in your best interest to make sure all of your subcontractors:
• Meet state law as independent contractors; RCW 51.08.180 and 51.08.181.
• If they hire workers, are registered contractors in good standing by verifying their status at www.lni.wa.gov.
For additional information about subcontractors, see WAC 296-17-31004, visit our web site, or call us at 360-902-4817.
(7) What records must I keep on the subcontractors I use?
For each subcontractor, you are required to keep record of the:
• Subcontractor's legal name.
• Contractor registration number and expiration date.
• UBI number (or L&I account ID number).
If you supply materials to a subcontractor, also keep a record of the:
• Amount of material supplied.
• Project name or location.
• Date material was supplied.
• Completion date of contracted work.
Failure to maintain these records may result in the subcontractor being considered a covered worker who you must report.
(8) What classification should I use to report construction site cleanup by my employees?
For construction contractors, construction site cleanup and debris removal are included in the phase of construction describing the work. You should report the cleanup of construction debris in the same classification that applies to the work responsible for the debris.
Example: A roofing contractor with an employee picking up roofing debris off the ground reports the cleanup work in the roofing classification (0507).
However, if the debris is not specific to any one phase of construction and applies to a construction site's work overall, report the general site cleanup in the classification applicable to the type of building you are constructing:
• Nonwood buildings - Site cleanup is included in classification 0518.
• Wood frame buildings - Site cleanup is included in classification 0510.
If neither of these scenarios applies, please talk to your account manager to determine the correct classification.
(9) My business is construction site cleanup. I am not a construction contractor, my employees do no construction work, and they only pick up construction debris. What classification do I report site cleanup in?
If your employees are collecting and/or removing any type of debris (household junk, yard or garden waste, furniture, appliances, construction or building materials, waste resulting from smoke or water damage, etc.), whether it results from the construction work or not, you report in classification 4305-22.
(10) How is the final preoccupancy cleaning at a construction site classified?
We consider preoccupancy cleaning as limited to the final cleaning preparation after the conclusion of a construction project. Activities include washing paint and overspray from windows; vacuuming carpets; washing floors and fixtures; dusting woodwork, doors and cabinets; and other general cleaning tasks. Preoccupancy cleaning as described here is reported in classification 6602 only if both of the following conditions apply:
• The workers perform no other construction related work, such as construction debris cleanup.
• All of the construction work is completed and all construction equipment and debris have been removed prior to the cleaning.
(11) In what construction classification should I report setting up of scaffolding, hoists, cranes, towers or elevators at a construction site?
Report the setup, operation, and disassembling in the same classification that applies to the work responsible for the scaffolding, hoists, cranes, towers or elevators.
Example: A roofing contractor with employees setting up scaffolding at the construction site reports these activities in the roofing classification (0507).
If the setup at the construction site is not specific to a single phase of construction, the setup work is reported in the classification applicable to the type of building:
• Nonwood buildings - Setup is reported in classification 0518
• Wood frame buildings - Setup is reported in classification 0510
If neither of these scenarios applies, please talk to your account manager to determine the correct classification.
AMENDATORY SECTION (Amending WSR 15-11-063, filed 5/19/15, effective 7/1/15)
WAC 296-17-31014 Farming and agriculture.
(((1) Does this same classification approach apply to farming or agricultural operations?
Yes, but it may not appear so without further explanation. We classify farming and agricultural operations by type of crop or livestock raised. This is done because each type of grower will use different processes and grow or raise multiple crops and livestock which have different levels of hazards. It is common for farmers and ranchers to have several basic classifications assigned to their account covering various types of crops or livestock. If you fail to keep the records required in the auditing recordkeeping section of chapter 296-17 WAC, and we discover this, we will assign all worker hours for which records were not maintained to the highest rated classification applicable to the work performed.
(2) I am involved in diversified farming and have several basic classifications assigned to my business. Can I have one classification assigned to my account to cover the different types of farming I am involved in?
Yes, your account manager can assist you in determining the single classification that will apply to your business. The name and phone number of your account manager can be found on your quarterly premium report or your annual rate notice. For your convenience you can call us at 360-902-4817 and we will put you in contact with your assigned account manager.
(3) How do you determine what single farming classification will be assigned to my business?
The approach used to assign a single classification to a farming business is much the same as we use for construction or erection contractors. To do this, we will need a break down of exposure (estimate of hours to be worked by your employees) by type of crop or livestock being cared for (classification). This information will be used to estimate the premium which would be paid using multiple classifications. The total premium is then divided by the total estimated hours to produce an average rate per hour. We will select the classification assigned to your business which carries the hourly premium rate which is the closest to the average rate that we produced from the estimated hours. Classification 4806 is not to be assigned to any grower as the single farming classification.
(4) How will I know what single farming classification you have assigned to my business?
We will send you a written notice of the basic classification that will apply to your business.
(5) If I requested a single classification for my farming operation can I change my mind and use multiple classifications?
Yes, but you will need to call your account manager to verify the applicable classifications.
The name and phone number of your account manager can be found on your quarterly premium report or your annual rate notice. For your convenience you can call us at 360-902-4817 and we will put you in contact with your assigned account manager.
(6) What is a farm labor contractor?
A farm labor contractor is a specialty contractor who supplies laborers to a farm operation for specified services such as weeding, planting, irrigating, and fertilizing. Generally, work involves manual labor tasks as opposed to machine operations.
(7) I am a farm labor contractor. How is my business classified?
If you are a farm labor contractor we will assign the basic classification that applies to the type of crop being grown, or livestock being cared for. If you contract to supply both machine operators and machinery on a project, all operations are to be assigned to classification 4808.
(8) Farm internship pilot program. Who may participate in the farm internship pilot program created by the department as a result of Title 49 RCW, effective June 12, 2014?
Small farms with annual sales of less than two hundred fifty thousand dollars per year located in San Juan, Skagit, King, Whatcom, Kitsap, Pierce, Jefferson, Spokane, Yakima, Chelan, Grant, Island, Snohomish, Kittitas, Lincoln, and Thurston counties that receive a special certification from the department may have farm interns. Employers who qualify may report no more than three farm interns. Farm internship program risk classifications are: WAC 296-17A-4814, 296-17A-4815, and 296-17A-4816.)) (1) What is the classification approach for farming?
We classify farming and agricultural operations by the type of crop or livestock raised. Farmers and ranchers often have several basic classifications assigned to their account covering various types of crops or livestock.
(2) Who do the farming and agriculture rules apply to?
If we assign one or more of the following classifications to your business, this rule applies to you: 4802, 4803, 4804, 4805, 4808, 4809, 4810, 4811, 4812, 4813, 7301, 7302, and 7307.
(3) If I am involved in diversified farming, can I still have one classification assigned to my account to cover all of the farming I am involved in?
Yes, you can request assignment of a single classification to cover all of your farming operations by contacting your account manager.
(4) How will the department determine what single farming classification will be assigned to my business?
The approach used to assign a single classification to a farming business is similar to that used for construction contractors. We prorate based on the information you provide. We need you to estimate the number of hours to be worked by your employees by type of crop or livestock being cared for. We use this information to estimate the premium which would be paid using multiple classifications. The total premium is then divided by the total estimated hours to produce an average rate per hour. We then select the classification assigned to your business which carries the hourly premium rate which is the closest to the average rate determined by your estimated hours. However, classification 4806 is not to be assigned to any grower as the single farming classification. See WAC 296-17A-4806.
(5) How will I know what single farming classification you have assigned to my business?
We will send you a written notice of the basic classification that will apply to your entire operation.
(6) If I requested a single classification for my farming operation, can I change my mind and use multiple classifications?
Yes, but let your account manager know you decided against using the single classification and will report the work by type of crop or livestock. This will avoid any potential confusion if you are audited.
(7) I have workers who do not use or operate any tools or equipment; can I classify these workers separately?
The special exception classification 4806 is available to farms classified in 4802 or 4803. It is limited to harvesting operations where all of the workers pick or harvest by hand without the use of any:
• Cutting tools, such as knives or clippers;
• Machinery;
• Ladders, climbing equipment, or stools.
(8) What is a farm labor contractor?
A farm labor contractor is a specialty contractor who supplies laborers to a farm operation for specified services such as weeding, planting, irrigating, and fertilizing. Generally, work involves manual labor tasks as opposed to machine operations.
(9) I am a farm labor contractor. How is my business classified?
If you are supplying only laborers to a farm, we will assign the same classification given to the farm for the work performed. However, if you supply both machine operators and the machinery to a farm, the machine operators are assigned to classification 4808-11, Custom farm services by contractor, since machinery work carries the same hazard regardless of the crop.
(10) Farm internship pilot program. Who may participate in the farm internship pilot program created by the department as a result of Title 49 RCW, effective June 12, 2014?
Small farms with annual sales of less than $250,000 per year located in San Juan, Skagit, King, Whatcom, Kitsap, Pierce, Jefferson, Spokane, Yakima, Chelan, Grant, Island, Snohomish, Kittitas, Lincoln, and Thurston counties that receive a special certification from the department may have farm interns. Employers who qualify may report up to three farm interns. Farm internship program risk classifications are: WAC 296-17A-4814, 296-17A-4815, and 296-17A-4816.
AMENDATORY SECTION (Amending WSR 98-18-042, filed 8/28/98, effective 10/1/98)
WAC 296-17-31015 General inclusions.
((When are certain operations like delivery drivers included in a basic classification and when are they excluded? There are certain operations, such as delivery of goods or merchandise, which are routinely found in the businesses we insure. We refer to these operations as general inclusions to a basic classification. Although these operations are sometimes covered by a specific basic classification, we will not assign separate basic classifications to a business to cover these operations unless it was, coincidentally, the nature of the employer's business. General inclusion operations are support functions or operations of a business and, as such, are usually included within the scope of each basic classification. The determination of whether or not these operations will be included within the scope of a basic classification is made when the basic classification is first developed. That is why some basic classifications will exclude certain operations and others will include them. Unless the wording of a basic classification specifically excludes any operation listed below, they are to be included. The more common general inclusion operations are:
Example: Picture the variety of delivery vans and trucks you encounter as you drive down a highway. In this example, there is a company-owned truck delivering grocery items, a van that delivers parcels and packages, a moving van transporting household furnishings for a customer, and a common carrier company hauling goods from one state to another. Even though the drivers of these vehicles are performing similar duties (hauling goods/driving on a freeway), we would not assign them to the same basic classification. Our classification policy requires us to assign classifications based on the type of the businesses they work for and to consider the overall operations of that business. We learn that the truck delivering grocery items was owned by a retail grocery store and they were transporting goods from a central warehouse to one of their stores. Since the employer is engaged in operating retail grocery stores we would begin our classification search by looking for a classification that covers retail grocery stores. Our search discloses classification 6402 which covers retail grocery stores. A review of the wording of that classification does not require drivers to be reported in another classification so the grocery store classification would include the driver. Now, assume that the driver of the van delivering parcels and packages is an employee of a drug store. Drug stores are covered in classification 6406. A review of that classification reveals that drivers are to be reported separately in classification 1101. Therefore the driver would be reported in classification 1101 and not classification 6406. Moving and storage companies are covered in classification 6907. Since this classification does not exclude drivers, the driver would be reported in classification 6907. And, finally, we would assign the interstate/intrastate trucking classification 1102 to the common carrier trucking operation.)) When are operations included in a basic classification and when are they excluded?
There are operations, such as pickup and delivery work, which are common to many businesses. When types of work are normal and expected for an industry, support the overall operations of a business, and are performed by employees of the business, we call them general inclusions. We will assign separate classifications for these operations only if:
• They represent a separate business or separate store location, and additional classifications are allowed or required by the multiple classifications rule (WAC 296-17-31017); or
• The classification describing a business specifically excludes the operation; or
• It is permitted or required by another reporting rule.
Example 1: We will not assign the law firm classification for private legal staff employed by a business that is not also in the business of providing legal services to others. It is common that some businesses will have their own legal staff and the legal work is considered an inclusion to the classification that best describes the employer's nature of business.
General inclusions include activities such as:
• Air travel by employees who are not members of a flight crew.
• Information and technology workers, legal staff, and engineers (unless an exception classification applies; see WAC 296-17-31018).
• Food services provided exclusively for a firm's own employees.
• Cleaning at the employer's business location. If workers exclusively clean at employer's business offices, see WAC 296-17-31018.
• Manufacturing of containers, packaging, bags, barrels, bottles, boxes, cans, cartons, wooden pallets, or packing cases for exclusive use by the employer's business.
• Medical facilities or dispensaries operated by employers for their employees.
• Printing or similar operations when performed exclusively as a service to the employer's business.
• Maintenance or ordinary repair of an employer's building or equipment.
• Pickup and delivery when performed exclusively in connection with the business of the employer.
• Repair performed in connection with manufacturing or assembly, such as warranty repairs at the manufacturer's shop or plant.
• Sales of products manufactured by the employer, unless permitted by another rule.
• Warehousing, handling, packing, and shipping when performed exclusively in connection with the business of the employer.
• Testing or analytical laboratories when operated exclusively in connection with the business of the employer.
Example 2: Workers performing similar jobs are often reported in different classifications, depending on their employers' type of business, the classification rules describing the businesses, and the reporting rules. In this example we see how the classifications for drivers may vary:
• Drivers for a retail grocery store are included in the retail grocery classification 6402 since the classification does not exclude delivery.
• Drivers working for a drug store are included in the delivery classification 1101, because the drug store classification 6406 excludes delivery.
• Drivers for household moving businesses are included in the moving and storage classification 6907, since the classification does not exclude delivery.
• Drivers for intrastate and interstate common carriers are included in the trucking classification 1102, since the classification does not exclude drivers.
AMENDATORY SECTION (Amending WSR 98-18-042, filed 8/28/98, effective 10/1/98)
WAC 296-17-31016 Classification by analogy.
((How do you determine what classification(s) to assign to my business if a specific reference does not exist in the classification plan? You may operate a business which is not specifically referenced in our classification plan. This can simply be the result of differences in terminology. Classifications are constantly evolving as employers adopt new technology, employ more specialized employees, modernize equipment, and employ new processes. In rare instances our classification plan will not specifically reference a type of business. When we discover a type of business or industry for which a classification does not exist, we will follow the same general classification approach that we use to classify a business when a reference does exist. However, we need to go a step further by considering the processes used and the related hazards. We call this classifying by analogy.
Example: You are the owner of a pen manufacturing business. Assume we have contacted you and learn the following:
We have over three hundred classifications. To simplify the classification process, we have grouped our classification codes into about thirty-eight smaller groupings which we refer to as a schedule grouping. In the case of a pen manufacturer, we can narrow our search to the group which covers metal goods manufacturing. Within the metal goods manufacturing group we have classifications that cover the fabrication of structural iron or steel beams used in construction; classifications that cover the manufacture of wood stoves, storage tanks, and other products using plate metal; classifications that cover light weight sheet metal works such as heating and ventilating duct work; and a classification that covers the manufacture of light metal products. In our search for a classification we encounter classification 3602. Classification 3602 includes the manufacture of fishing tackle, scientific instruments, metal buttons, and jewelry. When we consider the weight of metal, other materials used in the manufacture of the product, the manufacturing processes, and the end product, we conclude that classification 3602 is the most applicable to the manufacture of writing pens and would assign this classification to your pen manufacturing business.)) How do you determine what classification(s) to assign to a business if the type of business is not specifically noted in the classification plan?
Because technologies and processes continually evolve, sometimes new types of businesses are not yet specifically identified in our classification plan. Under these circumstances, we continue to classify by the nature of an employer's business.
Department staff review the combined overall operations and occupations of the business to determine the nature of the business. Once we have determined the nature of business, we look for other businesses that have similar processes, use similar equipment, and whose operations are likely to produce the same level of risk as the new business. This is called classifying by analogy.
Example: When indoor simulated golf was first introduced as a business model in Washington state, this type of business was not yet identified by our classification plan. Because the operations of indoor simulated golf take place indoors and rely on computer regulated screens operating within individual cubicles, the nature of business was determined to be significantly different than that of golf courses, driving ranges, and miniature golf. By analogy, the department determined the combined overall operations of indoor simulated golf aligned more closely to those of casinos and billiard halls than to any other golfing enterprise, and classified accordingly.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-0214 Classification 0214.
((0214-00 Concrete paving and repaving: Highways, streets or roadways
Applies to contractors engaged in concrete paving and repaving of highways, streets, or roadways including approaches and bridges. This classification covers all forms of concrete paving, repaving, scraping, sawing, drilling or cutting operations in connection with a highway, street or roadway project, including the construction of curbs, gutters, sidewalks, median walls and retaining walls when performed as part of the roadway paving or repaving project. The process begins after the roadbed or roadside grade has already been established and the subsurface or sub base has been prepared. Work contemplated by this classification includes the laying of crushed stone, placement of reinforcing steel or expansion joints, grading or rolling stone base, set-up and tear down of forms, pouring, and finishing of concrete. Equipment used by a contractor subject to this classification includes, but is not limited to, scrapers, graders, rollers, paving machinery, water trucks and dump trucks.
This classification excludes preliminary roadbed or roadside construction such as clearing right of ways, establishing grades, subsurfaces or sub bases which are to be reported separately in classification 0101; asphalt paving, surfacing/resurfacing which is to be reported separately in the classification applicable to the work being performed; concrete flatwork not in connection with highway, street, or roadway projects which is to be reported separately in classification 0217; and construction specialty services such as the installation of guardrails, lighting standards and striping which are to be reported separately in classification 0219.
0214-01 Concrete curbs, gutters, and sidewalks: Construction and repair in connection with highways, streets or roadways
Applies to contractors engaged in the construction or repair of concrete curbs, gutters, and sidewalks in connection with highways, streets, or roadways including approaches and bridges. The process begins after the roadbed or roadside grade has already been established and the subsurface or sub base has been prepared. Work contemplated by this classification includes the set-up and tear down of forms, placement of reinforcing steel or expansion joints, and the pouring and finishing of concrete.
This classification excludes preliminary roadbed or roadside construction such as clearing right of ways, establishing grades, subsurfaces or sub bases which are to be reported separately in classification 0101; asphalt paving, surfacing/resurfacing which is to be reported separately in the classification applicable to the work being performed; concrete flatwork not in connection with highway, street, or roadway projects which is to be reported separately in classification 0217; and construction specialty services such as the installation of guardrails, lighting standards and striping which are to be reported separately in classification 0219.
0214-02 Concrete median walls and retaining walls: Construction and repair in connection with highways, streets or roadways
Applies to contractors engaged in the construction or repair of concrete median (divider) walls and retaining walls in connection with highway, street, or roadway projects including approaches and overpasses. The process begins after the roadbed or roadside grade has already been established and the subsurface or sub base has been prepared. Work contemplated by this classification includes the set-up and tear down of forms, placement of reinforcing steel or expansion joints, and the pouring and finishing of concrete to form median or divider walls, median strips, or retaining walls alongside the roadway.
This classification excludes the preliminary land excavation of a retaining wall area, as well as roadbed or roadside construction such as clearing right of ways, establishing grades, subsurfaces or sub bases which are to be reported separately in classification 0101; asphalt paving, surfacing/resurfacing which is to be reported separately in the classification applicable to the work being performed; concrete flatwork not in connection with highway, street, or roadway projects which is to be reported separately in classification 0217; and construction specialty services such as the installation of guardrails, lighting standards and striping which are to be reported separately in classification 0219.
0214-03 Concrete sawing, drilling, and cutting: In connection with highways, streets or roadways
Applies to contractors engaged in concrete sawing, drilling and cutting in connection with concrete highway, street, or roadway projects including concrete curbs, gutters, sidewalks, median walls and retaining walls. These activities occur on new or existing roadway and related projects such as, but not limited to, the sawing, cutting and drilling for manholes, drainage grates, poles or posts, exposing underground utility lines and systems, and repairing defective areas.
This classification excludes preliminary roadbed or roadside construction such as clearing right of ways, establishing grades, subsurfaces or sub bases which is to be reported separately in classification 0101; asphalt paving, or surfacing/resurfacing which is to be reported separately in the classification applicable to the work being performed; concrete flatwork not in connection with highway, street, or roadway projects which is to be reported separately in classification 0217; and construction specialty services such as the installation of guardrails, lighting standards and striping which are to be reported separately in classification 0219.)) Concrete paving, repaving, and other concrete work associated with or connected to roadways (highways, streets, and other roads used for vehicles). This includes concrete work for:
• Highway approaches to roadways;
• Paving public or commercial parking lots (single-level and nonenclosed);
• Paving bridges;
• Curbs, gutters, and sidewalks along roadways;
• Median (divider) walls between roadways;
• Retaining walls along roadways.
The concrete paving and repaving reported in classification 0214 starts after the road's right of way has been cleared and excavated and its sub base is level and compressed.
Paving includes, but is not limited to, the following operations:
• Laying of crushed stone and grading or rolling the fill to level and compress;
• Placement of reinforcing steel or expansion joints;
• Set-up and tear down of forms;
• Pouring the concrete;
• Rolling and other finish work.
Operations reported in classification 0214 can also include work on existing surfaces; for example, scraping, sawing, drilling, or cutting concrete for:
• Repaving;
• Placing manholes, drainage grates, poles and posts;
• Repairing damaged concrete;
• Exposing underground pipes and utilities.
This classification does not include operations such as:
• Clearing right of ways, establishing grades, and preparing the sub base which are to be reported separately in classification 0101;
• Constructing covered or multilevel, public, or commercial parking garages, which are reported separately in classification 0518;
• Asphalt paving, surfacing/resurfacing which is to be reported separately in the classification applicable to the work being performed;
• Concrete flatwork not in connection with highway, street, or roadway projects which is to be reported separately in classification 0217;
• Construction specialty services such as the installation of guardrails, lighting standards and striping which are to be reported separately in classification 0219.
Classification 0214 is a construction industry classification (see WAC 296-17-31013).
For administrative purposes, classification 0214 is divided into the following subclassification(s):
0214-00 Concrete paving and repaving: Highways, streets or roadways, N.O.C.
0214-01 Concrete curbs, gutters, and sidewalks: Construction and repair in connection with highways, streets or roadways.
0214-02 Concrete median walls and retaining walls: Construction and repair in connection with highways, streets or roadways.
0214-03 Concrete sawing, drilling, and cutting: In connection with highways, streets or roadways.
AMENDATORY SECTION (Amending WSR 12-11-109, filed 5/22/12, effective 7/1/12)
WAC 296-17A-0307 Classification 0307.
((0307-01 Furnaces and heating systems: Installation, service or repair
Applies to contractors engaged in the installation, service, or repair of furnaces and heating systems, including duct work, in all types of residential and commercial settings. These services are generally performed by furnace contractors, heating and ventilation contractors, or sheet metal contractors. Work contemplated by this classification includes the fabrication, erection, installation and duct work performed at the job site. Materials include, but are not limited to:
• Air purification systems;
• Concrete pads;
• Fireplace inserts or units;
• Fittings;
• Flat sheets of metal;
• Galvanized pipe;
• Gas logs;
• Gas or electric furnace units;
• Heat pumps;
• Heater units;
• Hot water tanks;
• Insulation wrap;
• Preformed or bent venting duct and pipe;
• Thermostats;
• Vent collars and reels;
• Vents.
Contractors who operate a sheet metal fabrication shop or who prefabricate the duct systems in a shop away from the construction site are to be assigned classification 3404 for the shop fabrication work. When a contractor's business is assigned classification 3404 for shop operations, then classification 5206, "Permanent yard or shop," is no longer applicable to the contractor's business for the storage of materials or repair to equipment.
This classification excludes:
• Sheet metal fabrication shops which are to be reported separately in classification 3404;
• Duct cleaning work which is to be reported separately in classification 1105;
• Installation or repair of ventilation, air conditioning and refrigeration systems which is to be reported separately in classification 0307-04; and
• The installation of wood stoves which is to be reported separately in classification 0307-05.
Special note: This classification includes the installation of display areas or showrooms which provide prospective customers an opportunity to inspect the quality of workmanship and products carried by the contractor. Generally, displays or showrooms are installed where the contractors store their materials. It is common for contractors subject to this classification to sell furnace and heating system materials and accessories, but the intent of these areas is not to sell products to walk-in customers. Sales of these products by a furnace and heating systems contractor are included in classification 0307. Classifications 2009, 6309, or similar store classifications are not to be assigned to a contracting business. If the conditions of the standard exception general reporting rules have been met, employees engaged exclusively in showing the display areas or showrooms to customers are to be assigned classification 6303.
0307-04 Ventilating, air conditioning and refrigeration systems: Installation, service or repair, N.O.C.
Applies to contractors engaged in the installation, service, or repair of ventilating, air conditioning and refrigeration systems not covered by another classification (N.O.C.), including duct work at the job site in all types of residential and commercial settings. These services are generally performed by heating and ventilation contractors, refrigeration contractors, or sheet metal contractors. Work contemplated by this classification includes the fabrication, erection, installation and duct work performed at the job site. Materials include, but are not limited to:
• Air conditioning units;
• Air purification systems;
• Concrete pads;
• Fittings;
• Flat sheets of metal;
• Galvanized pipe;
• Hoods and protective metal covers;
• Hot water tanks;
• Preformed or bent duct portions;
• Refrigeration systems;
• Thermostats;
• Vent collars and reels.
This classification includes the installation or repair of built-in vacuum systems and air (pneumatic) tube systems, such as those at drive-up teller windows. Contractors who operate a sheet metal fabrication shop or who prefabricate the duct systems in a shop away from the construction site are to be assigned classification 3404 for the shop fabrication work. When a contractor's business is assigned classification 3404 for shop operations, then classification 5206 "Permanent yard or shop" is no longer applicable to the contractor's business for the storage of materials or repair to equipment.
This classification excludes:
• Sheet metal fabrication shops which are to be reported separately in classification 3404;
• Installation or repair of furnace or heating systems which is to be reported separately in classification 0307-01;
• The installation of wood stoves which is to be reported separately in classification 0307-05.
Special note: This classification includes the installation of display areas or showrooms which provide prospective customers an opportunity to inspect the quality of workmanship and products carried by the contractor. Generally, displays or showrooms are installed where the contractors store their materials. It is common for contractors subject to this classification to sell ventilating and air conditioning equipment and materials, but the intent of these areas is not to sell products to walk-in customers. Sales of these products by a ventilating and air conditioning contractor are included in classification 0307. Classification 2009, 6309, or similar store classifications, are not to be assigned to a contracting business. If the conditions of the standard exception general reporting rule have been met, employees engaged exclusively in showing the display areas or showrooms to customers are to be assigned classification 6303.
0307-05 Wood, pellet, or gas stove: Installation, service or repair
Applies to contractors engaged in the installation, service or repair of wood, pellet or gas stoves in all types of residential and commercial settings. Work contemplated by this classification includes the fabrication, installation and duct work performed at the job site. Materials include, but are not limited to:
• Gas fireplace logs;
• Heater units;
• Inserts;
• Preformed or bent venting duct and pipe;
• Protective metal covers or hoods;
• Vents;
• Vent collars;
• Wood, gas or pellet stoves.
Contractors who operate a sheet metal fabrication shop or who prefabricate the duct systems in a shop away from the installation site are to be assigned classification 3402 for the shop fabrication work. When a contractor's business is assigned classification 3402 for the shop operations, then classification 5206, "Permanent yard or shop," is no longer applicable to the contractor's business for the storage of materials or repair to equipment.
This classification excludes wood stove and accessory stores which are to be reported separately in classification 6309; stove manufacturing which is to be reported separately in classification 3402; sheet metal fabrication shops which are to be reported separately in classification 3404; brick or masonry work which is to be reported separately in classification 0302; and the installation or repair of furnace or heating systems which is to be reported separately in classification 0307-01.
Special note: This classification includes the installation of display areas or showrooms which provide prospective customers an opportunity to inspect the quality of workmanship and products carried by the contractor. Generally, displays or showrooms are installed where the contractors store their materials. It is common for contractors subject to this classification to sell wood stove installation materials and accessories, but the intent of these areas is not to sell products to walk-in customers. Sales of these products by a wood stove installation contractor are included in classification 0307. Classifications 2009, 6309, or similar store classifications, are not to be assigned to a contracting business. Employees engaged exclusively in showing the display areas or showrooms to customers are to be assigned classification 6303 provided the conditions of the standard exception general reporting rule have been met.)) Description:
Installation, service, or repair of:
• Heating systems, ventilation systems, air conditioning systems, refrigeration systems, furnaces, built-in vacuum systems, and pneumatic tube systems;
• Stoves that burn wood, pellets or gas.
Goods installed, serviced or repaired may include, but are not limited to:
• Air conditioning units;
• Air purification systems;
• Concrete pads;
• Duct systems;
• Gas stoves;
• Gas or electric furnace units;
• Heater units;
• Pellet stoves;
• Refrigeration units;
• System controls;
• Thermostats;
• Vents;
• Wood stoves.
Materials used by firms in this classification may include, but are not limited to:
• Fireplace inserts or units;
• Fittings;
• Flat sheets of metal;
• Galvanized pipe;
• Hoods and protective metal covers;
• Gas fireplace logs;
• Heat pumps;
• Hot water tanks;
• Insulation wrap;
• Preformed or bent venting duct and pipe;
• Vent collars and reels.
Work environments in this classification may include, but are not limited to:
• Construction sites;
• Residential customer locations;
• Commercial customer locations;
• Yards and shops;
• Display areas or showrooms.
Exclusions: Classification 0307 excludes:
• Worker hours engaged in sheet metal fabrication shop operations, which are reported separately in classification 3404. If records are not maintained for dividing worker hours between classifications, these hours must be reported in the highest rated classification as described in WAC 296-17-31017(4);
• Worker hours engaged in duct cleaning work, which are reported separately in classification 1105. If records are not maintained for dividing worker hours between classifications, these hours must be reported in the highest rated classification as described in WAC 296-17-31017(4);
• Worker hours engaged in other sheet metal installation or sheet metal construction, which are reported separately in classification 0519. If records are not maintained for dividing worker hours between classifications, these hours must be reported in the highest rated classification as described in WAC 296-17-31017(4).
Additional considerations for 0307:
• Classification 0307 is a construction industry classification (see WAC 296-17-31013);
• In most cases, contractors cannot have a store classification in addition to classification 0307, unless store operations are their principal business. To determine if a contractor can also have a store classification such as classification 2009 or 6309, apply the multiple classification rule (WAC 296-17-31017). If a contractor does not qualify for a store classification and if the work meets the restrictions described in the exception rule (WAC 296-17-31018) and the classification descriptions (chapter 296-17A WAC), the contractor may report employees working in a display area or showroom in classification 5206 or 6303.
Subclassifications:
For administrative purposes, classification 0307 is divided into the following subclassifications:
0307-01 Heating, ventilation, air conditioning, refrigeration and furnace systems: Installation, service or repair.
0307-05 Wood, pellet or gas stove: Installation, service or repair.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-0518 Classification 0518.
((0518-00 Building construction, N.O.C.: Alterations and concrete construction, N.O.C.
Applies to contractors engaged in building construction, not covered by another classification (N.O.C.), including alterations. Work contemplated by this classification includes nonwood frame buildings and structures such as, but not limited to, waste treatment and waste disposal plants, fish hatcheries and stadiums in which the superstructure, skeleton framework, or building shell consists of concrete, iron or steel, or a combination of concrete, iron, steel and/or wood. This classification makes no distinction to the size of the structure or number of stories within the building and includes all concrete tilt-up buildings. 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 bearing floors or wall panels, columns, pillars, balconies, stairways, including the raising and/or standing of concrete tilt-up walls or precast floors and wall portions, and raising and securing metal frames or members into place using a crane or boom and securing by bolt, rivet or weld.
This classification excludes all other phases of construction which are not in connection with building the superstructure, skeleton framework, or building shell such as, but not limited to, site preparation and excavation which is to be reported separately in classification 0101; bridge or tunnel construction which is to be reported separately in classification 0201; pile driving which is to be reported separately in classification 0202; underground utilities and systems which is to be reported separately in the classification applicable to the work being performed; asphalt work which is to be reported separately in the classification applicable to the work being performed; concrete paving or flatwork not contained within the building which is to be reported separately in the classification applicable to the work being performed; new landscape construction which is to be reported separately in classification 0301; brick, block, granite, marble, slate or masonry work which is to be reported separately in classification 0302; plastering, stuccoing and lathing work which is to be reported separately in classification 0303; plumbing work which is to be reported separately in classification 0306; HVAC work which is to be reported separately in classification 0307; carpet and tile work which is to be reported separately in classification 0502; exterior painting which is to be reported separately in classification 0504; roof work which is to be reported separately in classification 0507; installation of glass panels, curtain walls or windows which is to be reported separately in classification 0511; installation of insulation, sound proofing or suspended acoustical ceilings which is to be reported separately in classification 0512; interior finish carpentry such as the installation of interior doors, cabinets, fixtures or molding which is to be reported separately in classification 0513; installation of overhead doors, garage doors which is to be reported separately in classification 0514; installation of exterior doors and door frames, interior framing and carpentry work which is to be reported separately in classification 0516; installation of sheet metal siding or gutter work which is to be reported separately in classification 0519; interior building painting which is to be reported separately in classification 0521; electrical work which is to be reported separately in classification 0601; the installation of elevators and elevator door bucks which is to be reported separately in classification 0602; new dam construction projects which are to be reported separately in classification 0701; wood frame buildings which are to be reported separately in classification 0510; sheet metal tool sheds which are to be reported separately in classification 0516; brick or block buildings which are to be reported separately in classification 0302 and wallboard installation, taping or texturing which are to be reported separately in the applicable classifications.
0518-01 Metal carport: Erection
Applies to contractors engaged in the erection of metal carports such as those used for commercial parking lots. This classification includes raising and securing metal frames, members, or I-beams into place with a boom or crane and securing by bolt, rivet or weld.
This classification excludes the erection of nonstructural sheet metal patio cover/carports which is to be reported separately in classification 0519, and the erection of a wood carport which is to be reported separately in the applicable carpentry classification (see classification 0510 for additional information).
0518-02 Metal service station canopy: Erection
Applies to contractors engaged in the erection of metal service station canopies. Work contemplated by this classification includes, but is not limited to, raising and securing metal frames, members, or I-beams into place with a boom or crane and securing by bolt, rivet or weld.
This classification excludes the removal or installation of underground tanks which is to be reported separately in classification 0108, and the removal or installation of service station pumps which is to be reported separately in classification 0603.
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. Work contemplated by this classification includes incidental sales of materials, burning or hauling away of debris, and incidental ground clearing activities at the site to permit other use of land. Wrecking and demolition involves barricading the site and walkways to keep nonconstruction workers out of the area to prevent possible injury to them. Guards, watchmen, and traffic controllers (flaggers) are on-site and in adjacent areas to keep work areas secure. Salvage of materials is usually done by hand. Loading of trucks with debris is by chute or front end loaders. Actual demolition of a building or structure is performed in a variety of ways, including dismantling board by board, by crane (pulling sections to the ground), by crane equipped with a steel ball which is swung from the boom of the crane, or by explosives. Employees of the contractor responsible for the overall completion of the project are to be reported in this classification.
This classification excludes security guards employed by contractors to guard the job site before or after the construction work activity hours who are to be reported separately in classification 6601; establishments primarily engaged in selling salvaged building materials which are to be reported separately in classification 2009; interior building demolition ("strip outs") which is to be reported separately in classification 0516; and all iron, steel, concrete, or wood building construction which is to be reported separately in the applicable classification.)) 0518-00 Nonwood frame buildings and structures, N.O.C. and concrete construction, 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;
− Rivets;
− Welds.
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.
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 07-12-047, filed 5/31/07, effective 7/1/07)
WAC 296-17A-2903 Classification 2903.
((2903-00 Wood chip, hog fuel, bark, bark flour, fire log and lath: Manufacturing
Applies to establishments engaged in the production of products such as, but not limited to, wood chips, hog fuel, bark, bark flour, fire logs, kindling, excelsior, particleboard, and similar wood by-products.
Wood chips are small pieces of wood, generally uniform in size and larger and coarser than sawdust, commonly used to make pulp, particleboard, stuffing for products such as animal bedding, and as smoker/barbecue fuel;
Hog fuel is made by grinding waste wood in a hog machine, is larger and coarser than wood chips, and is used to fire boilers or furnaces, often at the mill or plant at which the fuel was processed;
Bark is the outermost covering of a tree which is chopped into pieces of varying sizes, and is commonly used for landscaping;
Bark flour is finely ground bark used as a filler or extender in adhesives;
Fire logs are made by forming sawdust into a log about 15 inches long and are used for fuel;
Lath is a narrow strip of wood commonly used to support shingle, slate or tile roofing, and as a fencing material;
Excelsior is the curled shreds of wood used as a packing and stuffing material, or as a raw material in making various board products;
Particleboard is a panel made from discrete particles of wood which are mixed with resins and formed into a solid board under heat and pressure.
The degree of manual labor required to make these products varies depending upon the size of the operation and sophistication of the equipment. Raw materials include, but are not limited to, logs, mill waste, bark, sawdust, or chips. Machinery includes, but is not limited to, rip saws, cut-off saws, loaders, debarkers, hog chippers, hammer mills, conveyors, sorting screens, and storage bunkers. This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification. The operation of portable chipping or debarking mills is included in this classification.
This classification excludes all activities away from the shop or plant which are to be reported separately in the classification applicable to the work being performed; veneer manufacturing which is to be reported separately in classification 2904; and sawmill operations which are to be reported separately in classification 1002.
2903-06 Wood furniture stock: Manufacturing
Applies to establishments engaged in the manufacture of wood furniture stock such as, but not limited to, tabletops, table or chair legs, chair backs or seats, panels for beds, turning squares (bolts of wood which are shaped on lathes into furniture legs) and furniture squares (standard sized - usually 2" x 2" - pieces of wood used in constructing frames of upholstered furniture). Stock may be mass produced or custom. Raw material includes dimensional lumber from hardwoods such as, but not limited to, ash or alder. If the lumber is not presurfaced, it is sanded and/or planed. It is cut to desired width and thickness with a rip saw; and cut to desired length with a cut-off saw. Pieces may be beveled with a table saw, bored with a horizontal boring machine, molded or shaped, and joints formed using a mortise, tenon or jointer. Finished stock is banded and/or palletized and usually shipped unfinished and unassembled to furniture manufacturing plants. This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification.
This classification excludes all activities away from the shop or plant which are to be reported separately in the classification applicable to the work being performed; manufacture of wood furniture and caskets which is to be reported separately in classification 2905; lumber remanufacturing which is to be reported separately in classification 2903-26; veneer manufacturing which is to be reported separately in classification 2904; and sawmill operations which are to be reported separately in classification 1002.
2903-08 Wood door, jamb, window, sash, stair, molding and miscellaneous millwork: Manufacturing, prehanging or assembly
Applies to establishments engaged in the manufacture, prehanging or assembly of wooden doors, door components, jambs, windows, sashes, stairs, mantels, moldings, turnings, and miscellaneous millwork such as, but not limited to, shutters, door and window grilles, skylights, pillars, wainscot, and similar architectural ornaments. Doors manufactured in this classification may be for residential or commercial use, such as, but not limited to, garage, closet, warehouse, interior and exterior; they may be odd-size or standard, panel, solid, louver, hollow core, sliding, bifold and overhead. Component parts for stairs include, but are not limited to, risers, tread, balusters, hand rails, and newel posts. Fireplace mantels include both the shelf and the complete ornamental facing surrounding the firebox. Moldings include, but are not limited to, picture moldings, chair rails, quarter round, coves, and architectural molding and base. Raw materials include, but are not limited to, cut stock lumber, plywood, veneer, particleboard, cardboard, plastic laminates, glue, hardware, glass, and metal. Cutting and fitting of glass and metal components for doors and windows is an integral phase of the manufacturing process and is included within the scope of this classification. Machinery includes, but is not limited to, various types of saws (table, panel, rip, cut-off, radial arm, trim, circular, band, jig, and miter), molders, shapers, routers, planers, finger jointers, mortises, tenons, lathes, presses, various types of sanders, drill presses, hand drills, boring machines, pneumatic nail, screw and staple guns, spray guns, chisels, air compressors, glue spreaders, drying ovens, overhead vacuum lifts, conveyor systems, fork lifts, and pallet jacks. Some door manufacturers have "door machines" which route impressions in jambs and blanks for hinge placement, and bores holes in the blank for knobs and locks; some have computerized overhead vacuum lights, electronic gluers, hydraulic lift pits, or electronically controlled saws. Prehanging doors involves boring holes in door blanks for knobs and locks, routing impressions into the blanks and jambs for hinge replacement, mounting hinges, trimming door and jamb replacements to exact size. Finishing the products with stain, paint, oil, or lacquer is included in this classification when done by employees of employers subject to this classification. This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification.
This classification excludes all activities away from the shop or plant which are to be reported separately in the classification applicable to the work being performed; the manufacture of wood furniture and caskets which is to be reported separately in classification 2905; the manufacture of wood cabinets, countertops, and fixtures which is to be reported separately in classification 2907; lumber remanufacturing which is to be reported separately in classification 2903-26; veneer manufacturing which is to be reported separately in classification 2904; the manufacture of metal doors, jambs, windows, and sashes which is to be reported separately in classification 3402; and sawmill operations which are to be reported separately in classification 1002.
Special note: Lumber yards and building materials centers subject to classification 2009 are to be assigned classification 2903-08 in addition to their basic classification if they prehang door blanks.
2903-10 Wood box, shook, pallet, bin: Manufacturing, assembly, or repair
Wood pallet dealer/recycle operations: Including repairs of pallets
Applies to establishments engaged in the manufacture, assembly, or repair of wood pallets, boxes, bins, shook, shipping crates, and storage containers. A shook is a set of unassembled sawn wood components for assembling a packing box or barrel. Shooks are usually sold to box assembly plants. Pallets may be constructed out of vertical and horizontal runners of dimensional lumber to form a slatted pallet or by attaching three evenly spaced rows of wooden blocks between two sheets of solid plywood to form a lid-block pallet. Usually, the manufacturer subject to this classification picks up pallets, boxes or shipping crates from the customer, brings them to the plant for repair, reconditioning, or rebuilding, then returns them to the customer. However, the assembly or repair of bins is often done at the customer's location, which is still to be reported in classification 2903-10 when performed by employees of the bin manufacturer. Raw materials include, but are not limited to, dimensional lumber, plywood, nails, staples, screws, glue, and paint. Machinery includes, but is not limited to, a variety of saws (table, rip, radial arms, cut-off, band or trim), planers, molders, drills, boring machines, notchers, nailing machines, pneumatic stapler, screw and nail guns, conveyors, roll cases, sorting tables, pallet jacks, and fork lifts. Incoming lumber is cut to specified lengths, widths, and thicknesses with saws, then planed, bored, tongued, and grooved. Pieces are nailed, stapled or glued together to form finished products. Cut ends of pallets, bins, and boxes may be painted for design or for color identification purposes. Customer's name may be imprinted on the product using stencils and paint or wood burning tools. This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification.
This classification excludes lumber remanufacturing which is to be reported separately in classification 2903-26; and sawmill operations which are to be reported separately in classification 1002. Nonwood pallet/bin dealers are to be reported in the appropriate metal, fiberglass, or plastics classification.
2903-12 Wood products, N.O.C.: Manufacturing or assembly
Applies to establishments engaged in the manufacture or assembly of miscellaneous wood products which are not covered by another classification (N.O.C.), including, but not limited to, ladders, utility pole crossarms, beams, barricades, cable spools, slugs or ends for paper rolls, attic vents, prefabricated wall panels, gazebos, saunas, solariums, lattice panels, mall and park furnishings, playground equipment, docks and floats, parade floats, boat trailer bunks, cattle feeders, tree spreaders, tack strip, exhibit booths, weaving looms, and pottery wheels. Finishing of the product with stains or other lacquers is included in this classification when done by employees of employers subject to this classification. Raw materials include, but are not limited to, dimensional lumber, plywood, particleboard, lath, logs, glue, staples, screws, nails, stains, paints, oils, and lacquers. Operations require substantial amounts of machine work, as well as hand assembly. Machinery includes, but is not limited to, saws (table, panel, cut-off, band, jig, miter, or chain), sanders, planers, routers, shapers, molders, jointers, drill presses, boring machines, hydraulic presses, pneumatic nail, screw and staple guns. This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification.
This classification also includes log home manufacturers who use a sawmill type operation using dimensional lumber to construct the shell of the home. Log home manufacturers constructing log home shells in a permanent yard using the traditional method of peeling the logs, using chainsaws to notch logs, and assembling the logs together, are to be reported in classification 1003-06.
This classification excludes all activities away from the shop or plant which are to be reported separately in the classification applicable to the work being performed; the manufacture of wood household and sporting goods which is to be reported separately in classification 2909; the manufacture of wood furniture and caskets which is to be reported separately in classification 2905; the manufacture of wood cabinets, countertops and fixtures which is to be reported separately in classification 2907; lumber remanufacturing which is to be reported separately in classification 2903-26; veneer manufacturing which is to be reported separately in classification 2904; and sawmill operations which are to be reported separately in classification 1002.
2903-13 Veneer products: Manufacturing
Applies to establishments engaged in the manufacture of veneer products by laminating rough veneer to plywood or particleboard and applying plastic or polyester overlays. Laminated veneer sheets are generally sold to other manufacturers and used in the construction of items such as, but not limited to, cabinets, countertops, furniture, wall board, flooring, and shelving. Veneer products generally require no prefinishing with paint, stain or lacquer. Raw materials include, but are not limited to, plywood, particleboard, polyester, paper, polyethylene, fiberglass, plastic laminates and glue. To make veneer products, sheets of rough veneer are individually fed through glue spreader machines which apply glue to both sides. Veneer sheets may be laminated to other veneer or to plywood or particleboard, cut to size with saws, then plastic or polyester overlays applied. Laminated sheets are fed through either hydraulic cold or hot presses to be bonded and cured. More sophisticated presses automatically feed the sheets through, and shear the laminated panels to standard 4' x 8' or 4' x 10' dimensions, or to specified lengths and widths for custom orders. Forklifts are used to move materials. This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification.
This classification excludes activities away from the shop or plant which are to be reported separately in the classification applicable to the work being performed; the manufacture of household and sporting goods wooden ware which is to be reported separately in classification 2909; the manufacture of wood products not covered by another classification (N.O.C.) which is to be reported separately in classification 2903-12; the manufacture of wood furniture and caskets which is to be reported separately in classification 2905; the manufacture of wood cabinets, countertops and fixtures which is to be reported separately in classification 2907; the manufacture of rough veneer which is to be reported separately in classification 2904-00; lumber remanufacturing which is to be reported separately in classification 2903-26; and sawmill operations which are to be reported separately in classification 1002.
2903-20 Wood sign: Manufacturing
Applies to establishments engaged in the manufacture of interior or exterior signs made of wood or wood products. Raw materials include, but are not limited to, dimensional lumber, plywood, molding, acrylic, paint, stain, lacquer and hardware. When additional sizing is required, saws, such as table, panel, cut-off, or radial arm, are used to cut material to desired dimensions. Pieces may be further sized, shaped, and smoothed with routers, saws, planers, or sanders. Stain, paint, or other finishes may be applied as background colors, borders or designs, with pneumatic spray guns, airbrushes, or by hand. Lettering or designs can be painted directly on the sign, cut from separate stock and glued or screwed on, or carved, routed or sandblasted. Computer-cut vinyl lettering may also be applied. Sign painting and lettering is included in this classification when done by employees of the sign manufacturer. Hand drills or drill presses are used to mount wood lettering or designs, bore holes and attach hardware used in the subsequent installation of the sign. This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification.
This classification excludes the installation or removal of signs outside of buildings which is to be reported separately in classification 0403; the installation or removal of signs inside of buildings which is to be reported separately in classification 0513; sign painting or lettering on the inside of buildings which is to be reported separately in classification 4109; establishments that paint on or apply lettering to sign "backings" that are manufactured by others which is to be reported separately in classification 4109; the manufacture of metal or plastic signs which is to be reported separately in the classification applicable to the manufacturing process; and sawmill operations which are to be reported separately in classification 1002.
Special note: The majority of sign manufacturers also install their signs. Installation and removal of signs is to be reported separately.
2903-21 Wood truss: Manufacturing
Applies to establishments engaged in the manufacture of structural roof trusses, and/or ceiling and floor joists from wood or wood products. These products usually do not require a high degree of finishing work. Raw materials include, but are not limited to, dimensional lumber (usually 2" x 4", 2" x 6", and 2" x 8", which is kiln dried, machine stressed, and presurfaced), plywood, metal gussets, and hardware. Dimensional lumber is cut with gang, table, resaw, or radial arm saws. Cut stock is placed in a hydraulic jig assembly which holds the unassembled components in the properly aligned configuration. Pneumatic nailers are used to embed the nail clips which connect each joint of the truss. A gantry, which is an overhead crane traveling along a bridge-like frame, is used to relocate the truss along the assembly line. The assembled truss is placed in a stationary or moveable press which attaches reinforcing triangular shaped metal plates called gussets at each joint or angle. This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification.
This classification excludes all installation activities away from the shop or plant which are to be reported separately in the classification applicable to the work being performed; the manufacture of door jambs, windows, sashes, stairs, molding and miscellaneous millwork which is to be reported separately in classification 2903-08; lumber remanufacturing which is to be reported separately in classification 2903-26; and sawmill operations which are to be reported separately in classification 1002.
Special note: Truss manufacturers, whose primary customers are building contractors and building supply dealers, usually deliver their product. Delivery to the construction site often entails placing trusses onto the roof top, using boom lifts mounted on the delivery truck, which is included in this classification when performed by employees of employers subject to this classification.
2903-26 Lumber: Remanufacturing
Applies to establishments engaged in lumber remanufacturing, which is the process of converting cants, plywood, or lumber into a more specialized or higher grade product. Cants are large slabs of wood, usually having one or more rounded edges, which have been cut from logs. The incoming stock is generally green, rough-cut, and may be owned by the customer or by the remanufacturer. Machinery includes, but is not limited to, a variety of saws, (chop, resaw, trim, rip, table, radial arm, and cut-off), planers, surfacers, sanders, molders, groovers, finger jointers, tenoners, gluers, kiln dryers, fork lifts, and trolley cars. Stock is kiln dried, resawed, planed, grooved, or otherwise treated, according to customer specification if the customer owns it, or to standard cuts if it is for resale. Remanufacturers sell lumber to construction contractors or manufacturers that use it in the construction of products such as, but not limited to, paneling, countertops, framing studs, siding, decking, fencing, railroad ties, or molding. Remanufacturers generally do not finish the material with stain, paint, or lacquer. This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification.
This classification excludes all activities away from the shop or plant which are to be reported separately in the classification applicable to the work being performed; the manufacture of roof trusses and ceiling and floor joints which is to be reported separately in classification 2903-21; veneer manufacturing which is to be reported separately in classification 2904; establishments that exclusively kiln dry and/or treat lumber with preservatives, fire retardants, or insecticides, and that do not perform any remanufacturing operations which are to be reported separately in classification 1003; and sawmill operations which are to be reported separately in classification 1002.
2903-27 Ridge cap and/or shim: Manufacturing
Applies to establishments engaged in the production of shims and ridge caps. Shims are thin wedges of wood used for filling spaces or leveling. Ridge caps are shingles which are used as a covering for roof peaks. This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification.
This classification excludes all activities away from the shop or plant which are to be reported separately in the classification applicable to the work being performed; veneer manufacturing which is to be reported separately in classification 2904; and sawmill operations which are to be reported separately in classification 1002.
Special note: This classification must be assigned only by Classification Services after a field inspection of the business has been performed. If a classification must be assigned prior to the field inspection, assign classification 1005-02.
2903-28 Wood boat: Manufacturing, repair, or refinish
Applies to establishments engaged in manufacturing, repairing, or refinishing wooden boats. Raw materials include, but are not limited to, dimensional lumber, plywood, glue, staples, screws, nails, stains, paints, oils, and lacquers. Machinery includes, but is not limited to, band saws, lathes, drill presses, jointers, planers and sanders. Other than pleasure craft, very few wooden boats have been manufactured over the last fifty years. This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification.
This classification excludes the manufacture of fiberglass boats which is to be reported separately in classification 3511, and the manufacture of metal boats which is to be reported separately in the classification applicable to the materials used and work being performed.)) Classification 2903 operations often represent the manufacturing steps between cutting raw logs in sawmills and a finished wood product that is manufactured from the intermediary wood products produced in this classification.
Equipment/machinery common to classification 2903:
• Air compressors and brushes;
• Boring machines;
• Chippers;
• Chisels;
• Conveyance equipment: Forklifts, loaders, over-head cranes, pallet jacks, trolley systems;
• Debarkers;
• Delivery trucks;
• Drills;
• Dryers;
• Jointer;
• Kilns;
• Lathes;
• Mills;
• Molders;
• Planers;
• Pneumatic nail guns;
• Presses;
• Routers;
• Sanders and blasters;
• Saws;
• Sorting screens;
• Sprayers, coaters, and spreaders; paint and glue sorting screens;
• Staple and screw guns.
Classification 2903 excludes:
• Worker hours engaged in repair or installation work away from the employers' premises, except where noted otherwise in this rule, which are reported separately in the applicable installation classification;
• Worker hours engaged in cutting, cultivating, or gathering of wood from forestland or tree farms, which are reported separately in the applicable classifications;
• Worker hours engaged in cutting raw logs and all other sawmill activities, which are reported separately in classifications 1002 and 5001.
For administrative purposes, classification 2903 is divided into the following subclassifications:
2903-00 Manufacturing wood chips, hog fuel, bark, bark flour, fire logs and laths
Applies primarily to wood products made from log by-products, such as bark, sawdust, chips, or other mill waste.
Products reported in classification 2903-00 may include, but are not limited to:
• Wood chips - Small pieces of wood, generally uniform in size and larger and coarser than sawdust, commonly used to make pulp, particleboard, stuffing for products such as animal bedding, and as smoker/barbecue fuel;
• Hog fuel - Made by grinding waste wood in a hog machine. The bits are larger and coarser than wood chips. Hog fuel can be used to fire boilers or furnaces;
• Bark - The outermost covering of a tree which is chopped into pieces of varying sizes, and is commonly used for landscaping;
• Bark flour - Finely ground bark used as a filler or extender in adhesives;
• Fire logs - Made by forming sawdust into a log about fifteen inches long and used for fuel;
• Lath - A narrow strip of wood commonly used to support shingle, slate or tile roofing, and as a fencing material;
• Excelsior - The curled shreds of wood used as a packing and stuffing material, or as a raw material in making various board products;
• Particleboard - A panel made from discrete particles of wood which are mixed with resins and formed into a solid board under heat and pressure.
2903-06 Manufacturing wood furniture stock
Applies to the manufacturing of wood furniture stock. Wood furniture stock is used to make finished furniture. The wood stock is rough cut, planed, or sanded and banded and/or palletized for shipping. It is then sold to other manufacturers as unfinished and unassembled pieces of lumber.
2903-08 Manufacturing and assembly of wood doors, jambs, windows, sashes, stairs, molding and other miscellaneous millwork
Manufacturers assigned this classification mill their products from presized stock lumber, plywood, veneer, and particle board, but materials may also include cardboard, plastic laminates, glue, hardware, glass or metal, stains, oils, and paints.
Products reported in classification 2903-08 may include, but are not limited to:
• Doors - This includes wood doors of all sizes and shapes, for commercial or residential uses;
• Door/window components and grilles;
• Jambs;
• Mantels;
• Moldings - This includes all types of wood molding: Picture rails, chair rails, baseboards, and other architectural molding;
• Pillars;
• Sashes;
• Shutters;
• Skylights;
• Stairs and component parts for stairs - Risers, tread, balusters, hand rails, and posts;
• Turnings;
• Wainscot;
• Windows.
Excluded from subclassification 2903-08:
• Firms engaged in manufacturing wood furniture or caskets, which are classified in 2905;
• Firms engaged in manufacturing wood cabinets, countertops, and fixtures, which are classified in 2907;
• Worker hours engaged in manufacturing metal doors, jambs, windows and sashes, which are reported separately in classification 3402.
2903-10 Manufacturing, assembly, or repair of wood containers and pallets; wood pallet dealer and recycle operations: Including repairs of pallets
Applies to the manufacturing, assembly, and repair of wood pallets and all other types of wood containers using lumber, plywood, nails, staples, screws, glue, and paint. It also includes repairing, reconditioning, or rebuilding pallets or containers, whether at the employers' facilities or at the customer's location.
Products reported in classification 2903-10 may include, but are not limited to:
• Boxes;
• Bins;
• Crates;
• Shooks (a shook is a set of unassembled wood components for assembling a packing box or barrel);
• Shipping containers;
• Storage containers.
Note: Also refer to the classification 2903 description at the beginning of this rule.
2903-12 Manufacturing and assembly of wood products not otherwise classified (N.O.C.)
Applies to the manufacturing or assembly of miscellaneous wood products which are not described by nor included under another classification. Items manufactured are a variety of sizes and require varying degrees of manufacturing and assembly by machine and/or hand, and are primarily made from lumber, plywood, laths, and particle board, but materials may also include acrylic, staples, screws, nails, hardware, stains, paints, oils, and lacquers.
Products reported in classification 2903-12 may include, but are not limited to:
• Attic vents;
• Barricades;
• Beams;
• Cable spools;
• Cross arms;
• Docks;
• Ends for paper rolls;
• Floats;
• Gazebos;
• Ladders;
• Lattice panels;
• Log home shells from dimensional-log lumber;
• Playground equipment;
• Ridge cap shingles;
• Saunas;
• Shims;
• Signs;
• Slugs;
• Solariums;
• Utility poles;
• Wall panels.
Special notes for manufacturing ridge cap shingles or shims:
• Classification 2903 can be assigned only after a site visit. If a classification must be assigned prior to the field inspection, the employer will be assigned classification 1005-02;
• Employers manufacturing shakes and/or shingles in addition to ridge caps are to report the manufacture of ridge caps in classifications 1002 or 1005, depending on the processes.
Excluded from subclassification 2903-12:
• Firms engaged in manufacturing log home shells in a permanent yard using the traditional method of peeling the logs, using chainsaws to notch logs, and assembling the logs together, which are classified in 1003;
• Worker hours engaged in sawmill operations, which are reported separately in classification 1002;
• Worker hours engaged in building log homes on-site, which are reported separately in the applicable construction classifications;
• Firms engaged in manufacturing wood household and sporting goods, which are classified in 2909;
• Firms engaged in manufacturing wood furniture or caskets, which are classified in 2905;
• Firms engaged in manufacturing wood cabinets, countertops and fixtures, which are classified in 2907;
• Worker hours engaged in installation or removal of signs outside of buildings, which are reported separately in classification 0403;
• Worker hours engaged in installation or removal of signs inside of buildings, which are reported separately in classification 0513;
• Worker hours engaged in sign painting or lettering on the inside of buildings, and/or painting on or applying lettering to sign "backings" that are manufactured by others, which are reported separately in classification 4109;
• Worker hours engaged in manufacturing metal or plastic signs, which are reported separately in the classification applicable to the manufacturing process.
2903-13 Manufacturing veneer products
Applies to establishments principally engaged in the application of veneer. Veneer is a thin layer of superior quality or excellent grained wood. Veneer products, in this classification, are manufactured by gluing veneer to a core made of plywood, some other lower quality wood, or nonwood based material. The veneer is then covered with protective overlays. The product is generally sold as a lumber substitute to manufacturers or contractors.
Excluded from subclassification 2903-13:
• Firms engaged in veneer and plywood manufacturing, which are classified in 2904.
Note: Also refer to the classification 2903 description at the beginning of this rule.
2903-21 Manufacturing wooden roof trusses
Applies to manufacturing wooden roof trusses, and/or ceiling and floor joists from wood or wood products, such as dimensional lumber (usually 2" x 4", 2" x 6", and 2" x 8"), plywood, various fasteners and other hardware.
2903-26 Lumber remanufacturing
Lumber remanufacturing is the process of converting green wood (unseasoned wood) and often rough-cut cants (large slabs of wood cut from logs), plywood, or lumber into a more specialized or higher grade product. The remanufactured lumber is then sold to other manufacturers or contractors, who use it to make their products.
Products reported in classification 2903-26 may include, but are not limited to:
• Countertops;
• Decking;
• Fencing;
• Framing studs;
• Molding;
• Paneling;
• Railroad ties;
• Siding.
Excluded from subclassification 2903-26:
• Firms engaged in only kiln drying and/or treatment of lumber with preservatives, fire retardants, or insecticides, which are classified in 1003.
2903-28 Manufacturing, repairing, or refinishing wood boats
Applies to businesses that manufacture, repair, or refinish wooden boats.
Excluded from subclassification 2903-28:
• Worker hours engaged in manufacturing or repairing fiberglass boats, which are classified in 3511;
• Worker hours engaged in manufacturing or repairing metal boats, which are classified in the applicable metal manufacturing classification;
• Firms that do not manufacture boats but are engaged in mechanical, engine, electrical, vinyl and glass boat work or installation of boat accessories, as well as detailing of all types of boats, which are classified in 3414.
AMENDATORY SECTION (Amending WSR 14-17-085, filed 8/19/14, effective 9/19/14)
WAC 296-17A-3702 Classification 3702.
((3702-01 Breweries or malt houses
Yeast: Manufacturing
Applies to establishments engaged in operating breweries, micro breweries, or malt houses, and includes all operations involved in the making of malt, beer, or ale as well as packaging into kegs, bottles or cans. Beer is produced from water, hops, barley malt and corn or rice; this mixture is cooked, filtered, cooled and then fermented. After the fermentation is complete, the beer is usually pasteurized and filtered, then sealed in kegs or packaged in individual bottles or cans. The exact process varies from brewery to brewery. Some breweries produce their own malt while others obtain the barley malt from an independent malting company. This classification includes warehouses and distributing stations maintained by the breweries at the brewery or at separate locations. This classification also includes tour guides, tasting room and gift shop employees. This classification also applies to establishments engaged in the manufacture of yeast.
This classification excludes establishments engaged exclusively as wholesale or combined wholesale/retail distributors of beverages which are to be reported separately in classification 2105.
3702-03 Bottling: Beverages, N.O.C.
Applies to establishments engaged in the production, bottling, and distribution of beverages not covered by another classification (N.O.C.) such as, but not limited to, carbonated and noncarbonated soft drinks, seltzers, fruit juices, lemonades, iced teas, and bottled waters. These bottling establishments purchase syrup or concentrate from the franchiser or concentrate manufacturer to produce a variety of products. Containers such as, but not limited to, aluminum or steel cans, plastic or glass bottles, are sanitized, filled with beverages, and sealed. Typically, bottlers will operate a single production facility and have multiple distribution warehouses.
This classification excludes establishments engaged exclusively as wholesale or combined wholesale/retail distributors of beverages which are to be reported separately in classification 2105 and manufacturers of syrup/concentrate for soft drinks which are to be rated separately in classification 3902.
3702-05 Wine making or wineries
Spirituous liquor: Manufacturing
Applies to establishment engaged in making wine from fruits or flavoring products such as, but not limited to, grapes, berries, peaches, or dandelions. The ingredients are crushed and the juice extracted; yeast is added to the juice; then the mixture is stored in a cool, temperature-controlled environment (such as a cellar) for fermentation to begin. During the natural fermentation, the sugar from the fruit is converted into alcohol. Additional processing includes clarification, filtration, pasteurization, centrifugation, and blending. The wine is bottled under vacuum and corked, labeled, and cased. This classification also applies to establishments engaged in the manufacture of spirituous liquor such as whiskey, gin, rum, and vodka. Operations involve preparing the mash from various grains, potatoes or molasses received from others, and fermenting, distilling and barreling of the products. This classification includes tour guides, tasting room and gift shop employees.
This classification excludes establishments engaged exclusively as a wholesale or combined wholesale/retail distributor of beverages which are to be reported separately in classification 2105; off-premises wine/liquor stores which are to be reported separately in classification 6403; and vineyard operations which are to be reported separately in classification 4813.)) Beverage manufacturing, wine making, distilleries, breweries, malt houses, bottling, and yeast manufacturing
Applies to all types of alcoholic and nonalcoholic beverage manufacturing and bottling operations.
Beverage manufacturing and bottling includes the following operations:
• Blending of water, concentrates, juices, syrups, other consumables, and preservatives;
• Carbonating beverages;
• Crushing and mixing of ingredients;
• Cooking liquid mixtures containing grains, vegetables, fruit, herbs, and other natural or artificial ingredients;
• Distilling alcohol;
• Extracting juice;
• Fermenting;
• Filling bottles, cans, kegs, or other containers;
• Filtering;
• Labeling;
• Manufacturing yeast;
• Operating gift shops at manufacturing location;
• Pasteurizing;
• Sanitizing bottles, cans, or other containers.
Classification 3702 also includes incidental:
• Tasting rooms at the same location as the manufacturing site;
• Tours of facilities and premises.
Classification 3702 excludes:
• Worker hours engaged in vineyard operations, which are reported separately in classification 4813-00;
• Worker hours engaged in tasting room operations at a separate location away from the manufacturing site, which are reported separately in classification 6403-07;
• Worker hours engaged in full service restaurant operations, which are reported separately in classification 3905;
• Manufacturers exclusively manufacturing and bottling dairy beverages, which are classified in 3902-28;
• Manufacturers exclusively manufacturing and bottling fruit juices, which are classified in 3902-02.
For administrative purposes, classification 3702 is divided into the following subclassifications:
3702-01 Breweries, malt houses, and yeast manufacturing
3702-03 Bottling and manufacturing beverages, N.O.C.
3702-05 Wine making and liquor distillation
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-4907 Classification 4907.
((4907-00 Inmate work opportunity - State
Applies to state prisoners who are employed by the state prison in a tax reduction industry to provide goods or services only (regardless of the type) to tax-supported entities or nonprofit organizations. Tax reduction industries provide basic work training and experience which qualify the inmates for better work within the prison or in the public community. Work is performed at the prison or at a separate location and the goods produced are property of the state.
This classification excludes work done by state prisoners under a free venture enterprise contract with a private business (profit or nonprofit) which is to be reported separately in the classification applicable to the work being performed.
4907-01 Inmate work opportunity - City
Applies to inmates of city jails who are employed by the city jail in a tax reduction industry to provide goods or services only (regardless of the type) to tax-supported entities or nonprofit organizations. Tax reduction industries provide basic work training and experience which qualify the inmates for better work within the jail or in the public community. Work is performed at the jail or at a separate location.
This classification excludes work done by city prisoners under a free venture enterprise contract with a private business (profit or nonprofit) which is to be reported separately in the classification applicable to the work being performed.
4907-02 Inmate work opportunity - County
Applies to inmates of county jails who are employed by the county jail in a tax reduction industry to provide goods or services only (regardless of the type) to tax-supported entities or nonprofit organizations. Tax reduction industries provide basic work training and experience which qualify the inmates for better work within the jail or in the public community. Work is performed at the jail or at a separate location.
This classification excludes work done by county prisoners under a free venture enterprise contract with a private business (profit or nonprofit) which is to be reported separately in the classification applicable to the work being performed.)) Classification 4907 Offender work opportunity
Applies to offenders in custody of the state, city, or county, when the offenders perform work in a tax reduction industry to provide goods or services only (of any type) to tax-supported entities, nonprofit corporations, or private contractors. Goods produced by a tax reduction industry are used by a public agency or nonprofit corporation. Tax reduction industries provide basic work training and experience which qualify offenders for better work within the prison, jail, or in the public community. Work is performed at the prison, jail, or at a separate location.
This classification excludes work performed by offenders under a free venture enterprise contract with a private business (profit or nonprofit) which is to be reported separately in the classification applicable to the work being performed.
For administrative purposes, classification 4907 is divided into the following subclassifications:
4907-00 Class 2 Offender work opportunity – State
4907-01 Offender work opportunity – City
4907-02 Offender work opportunity – County
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-4908 Classification 4908.
4908-00 ((Inmates of adult honor camps
Applies to inmates of adult honor camps who are employed by a city, town, county, or state agency. Their employment, which takes place away from the honor camp, provides basic work training and experience to qualify inmates for better work in the correctional institute or in the public community. Typical work includes, but is not limited to, constructing and maintaining forest trails, cutting fallen trees into firewood, picking up and burning fallen limbs, fighting forest fires, and planting new trees.)) Class IV offender work crews
Applies to offenders in the custody of the department of corrections (DOC) who reside in Washington state prisons and perform work for state agencies, other governments or public benefit nonprofit corporations. The offenders participate to gain work skills and experience and earn a nominal gratuity. The offender crews are supervised for safety and security by a DOC correctional officer.
The entities receiving services direct and supervise offenders regarding the work performed. Work performed includes, but is not limited to:
• Litter cleanup;
• Forest conservation;
• Freight, stock and material moving;
• Stream and habitat restoration;
• Large event set-up and take down; and
• Grounds keeping.
Special notes: This coverage is mandatory and entities that utilize offender services must report offender work hours and pay the industrial insurance premiums to the department.
Public benefit nonprofit corporations are described in RCW 24.03.005(17).
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-5201 Classification 5201.
5201-75 Electric power or transmission equipment: Manufacturing or assembly
((Applies to establishments engaged in the manufacture or assembly of electrical power or transmission equipment, most of which is industrial and is used by public utilities for the transmission of electrical power. Equipment manufactured includes, but is not limited to, transformers, switchboards, circuit breakers, switches or switchboard apparatus, power switching devices or systems, and power invertors. Transformers step down voltage from very high to a lower voltage. Switching equipment is normally used to switch the electricity from an incoming line to outgoing lines. Transformers are usually made from sheet metal which is approximately 14 gauge. Machinery used to manufacture transformers is similar to that used in a sheet metal shop. Winding machines are also used to wind wire to form a coil which is placed inside the transformer. This is a shop or plant only classification.
This classification excludes the installation, service or repair away from shop of products manufactured which are to be reported separately in the applicable classification; the installation, removal, and repair of electric power or transmission equipment or machinery by a contractor which is to be reported separately in the classification applicable to the work being performed.
Special note: Switchboards, current breakers and switches subject to this classification are distinguishable from switchboards, current breakers and switches covered in classification 3602. Classification 3602 switches are those found on personal computers, household light switches, and small electrical appliances compared to switches manufactured in classification 5201 which are large metal bars used in power plants and substations. Circuit breakers covered in classification 3602 are of the size found in household breaker panels compared to circuit breakers covered in classification 5201 which appear more like large round cylinders with flat metal bars extruding from the cylinders. Switchboards covered in classification 3602 are computerized systems such as telephone systems compared to industrial switchboards such as those used in rail systems for switching trains on tracks.)) Applies to the manufacture or assembly of industrial electrical transmission equipment and other large electrical equipment used in producing or transmitting electrical power.
Equipment includes, but is not limited to:
• Transformers - Equipment that reduces the level of voltage;
• Industrial switchboards, switches, switchboard apparatuses, and power switching devices and systems (switching equipment moves electricity from incoming lines to outgoing lines);
• Industrial circuit breakers - Automatic switches that prevent electrical circuit overload;
• Power invertors - Equipment that changes direct current (DC) to alternating current (AC);
• Solar panels and photovoltaic (PV) inverters used in solar power production (PV inverters change DC current out of a photovoltaic solar panel into AC current).
Subclassification 5201-75 excludes:
• Worker hours engaged in the installation, service or repair of equipment away from shop or plant which are reported separately in the applicable classification. If records are not maintained for dividing worker hours between classifications, you must report these hours in the highest rated classification as described in WAC 296-17-31017(4);
• Firms engaged in manufacturing the smaller, nonindustrial switches and breakers found in the precision electrical instruments classified in 3602.
5201-76 Electric toasters, frying pans, wire harnesses, vacuum cleaners, electrical appliances, N.O.C: Manufacturing or assembly
((Applies to establishments engaged in the manufacture or assembly of electric toasters, frying pans, wire harnesses, vacuum cleaners (including central vacuum systems), table top or counter top electrical appliances which are not covered by another classification (N.O.C.) including, but not limited to, electric shavers, steam and dry irons, waffle irons, can openers, mixers and blenders. Wire harnesses are the configuration of wires making up the electrical circuit inside an appliance or vehicle that does not include the cord set which will connect the appliance to the power source. The manufacturing process contemplated by this classification is the assembly of component parts and casings, purchased from other manufacturers, with small hand tools such as, but not limited to, drills, screwdrivers, rivet guns, and soldering or brazing tools. This is a shop or plant only classification; all activities away from the shop or plant are to be reported separately.
This classification excludes establishments engaged in the repair of household appliances for others which are to be reported separately in classification 0607; establishments engaged in the manufacture of larger household appliances such as electric ranges, washing machines and refrigerators which are to be reported separately in classification 3402; establishments engaged in the assembly of electric cordset radio and ignitions which are to be reported separately in classification 3602; and the service or repair away from shop of products manufactured in this classification which are to be reported separately in the applicable classification.)) Applies to the manufacture or assembly of household electrical appliances. This includes the assembly of component parts and casings with small hand tools such as drills, screwdrivers, rivet guns, and soldering or brazing tools. Electrical appliances include, but are not limited to, electric:
• Can openers;
• Clothes irons;
• Frying pans;
• Mixers and blenders;
• Shavers;
• Toasters;
• Vacuum cleaners (including central vacuum systems);
• Waffle irons;
• Wire harnesses (a configuration of wires inside an appliance or vehicle);
• And other counter top electrical appliances which are not covered by another classification (N.O.C.).
Subclassification 5201-76 excludes:
• Worker hours engaged in installation, services, or repair of household appliances away from the shop or plant that are reported separately in classification 0607. If records are not maintained for dividing worker hours between classifications, you must report these hours in the highest rated classification as described in WAC 296-17-31017(4);
• Firms manufacturing or assembling larger household appliances such as electric ranges, washing machines and refrigerators, which are classified in 3402;
• Firms manufacturing or assembling electric cords, radio cable, and ignitions which are classified in 3602.
5201-78 Electric motors, generators, alternators, starters, convertors, solenoids and servomotors: Manufacturing or assembly including repair
((Applies to establishments engaged in the manufacture or assembly of electric motors, generators, alternators, starters, convertors, solenoids and servomotors of all sizes and horsepower. Convertors convert electricity from one voltage to another; solenoids are switches used to control the flow of electrical current; servomotors are electrical motors used to help control a mechanical device. This is a shop or plant only classification; all activities away from the shop or plant are to be reported separately.
This classification excludes the installation, service, or repair away from shop of products manufactured in this classification which are to be reported separately in the applicable classification and the installation, removal, and repair of electric power or transmission equipment in machinery by contractor which is to be reported separately in classification 0601.)) Applies to manufacture or assembly of:
• Electric motors (convert electrical energy into mechanical energy);
• Generators (convert mechanical energy to DC electrical current);
• Alternators (convert mechanical energy to AC electrical current);
• Starters (electric motors used to initiate an engine's operation under its own power);
• Convertors (change electricity from one voltage to another);
• Solenoids (switches that control the flow of electrical current);
• Servomotors (electrical motors used to help control a mechanical device) of all sizes and horsepower.
Subclassification 5201-78 excludes:
Worker hours engaged in the installation, hook-up, service or repair of equipment away from the shop or plant which are to be reported separately in the applicable classification. If records are not maintained for dividing worker hours between classifications, you must report these hours in the highest rated classification as described in WAC 296-17-31017(4).
AMENDATORY SECTION (Amending WSR 15-02-060, filed 1/6/15, effective 7/1/15)
WAC 296-17A-6109 Classification 6109.
((6109-00 Physicians, surgeons, and medical clinics, N.O.C.
Applies to establishments of licensed practitioners such as physicians and surgeons, and to medical clinics not covered by another classification (N.O.C.) engaged in the practice of general or specialized medicine and surgery. Physicians diagnose and treat a variety of diseases and injuries, order or execute various tests, analyses, and diagnostic images to provide information on a patient's condition, analyze reports and findings of tests and of examination, diagnose conditions, and administer or prescribe treatments and drugs. Physicians may also inoculate and vaccinate patients to immunize them from communicable diseases, or refer patients to a medical specialist or other practitioners for specialized treatment. They may also make house and emergency calls to attend to patients unable to visit the office. Surgeons examine patients to verify necessity of surgery, review reports of patient's general physical condition and medical history, reactions to medications, estimate possible risk to patient, and determine best operational procedure. Surgeons may specialize in a particular type of surgery. This classification includes licensed ophthalmologists who specialize in the diagnosis and treatment of diseases and injuries of the eyes, and examine patients for symptoms indicative of organic or congenital ocular disorders. This classification includes clerical office and sales personnel, as well as other employees engaged in service in the physician's or surgeon's office or in a medical clinic, such as laboratory or X-ray technicians, and nurses.
This classification excludes psychologists and psychiatrists who are to be reported separately in classification 6109-10; optometrists who are to be reported separately in classification 6109-09; radiology and MRI referral clinics which are to be reported separately in classification 6109-17; orthotic referral clinics which are to be reported separately in classification 6109-14; and nutrition, diet, or weight loss clinics which are to be reported separately in classification 6109-12.
6109-01 Dentists and dental clinics
Applies to establishments of licensed dental practitioners and dental clinics engaged in the practice of general or specialized dentistry. Services provided by dental offices or clinics include, but are not limited to, examination of teeth and gums to determine condition, diagnosis of disease, injuries, or malformation, extractions, fillings, root canals, oral surgery, tooth replacement, cleaning, instruction on oral and dental hygiene and preventative care. This classification includes clerical office and sales personnel, as well as other employees engaged in service in the dentist's office such as hygienists, and dental assistants or technicians.
6109-02 Chiropractors, N.O.C.
Applies to establishments of licensed practitioners not covered by another classification (N.O.C.) who are engaged in the practice of chiropractic medicine. Chiropractors diagnose and treat musculoskeletal conditions of the spinal column and extremities to prevent disease and correct abnormalities of the body believed to be caused by interference with the nervous system. They manipulate the spinal column and other extremities to adjust, align, or correct abnormalities caused by neurologic and kinetic articular dysfunction. This classification includes clerical office and sales personnel, as well as other employees engaged in service in the chiropractor's office.
6109-04 Naturopaths, N.O.C.
Applies to establishments of health practitioners not covered by another classification (N.O.C.) who diagnose, treat, and care for patients, using a system of practice that bases treatment of physiological functions and abnormal conditions on natural laws governing the human body, relying on natural remedies such as, but not limited to, acupuncture, sunlight supplemented with diet, and naturopathic corrections and manipulations to treat the sick. This classification includes clerical office and sales personnel, as well as other employees engaged in service in the naturopath's office.
6109-08 Physical therapists, N.O.C.
Applies to establishments of health practitioners not covered by another classification (N.O.C.) who are engaged in the practice of physical therapy, occupational therapy, respiratory therapy, or speech therapy. Therapists treat and rehabilitate people living with physical or mental disabilities or disorders, to develop or restore functions, prevent loss of physical capacities, and maintain optimum performance. Includes occupations utilizing means such as exercise, massage, heat, light, water, electricity, and specific therapeutic apparatus, usually as prescribed by a physician; or participation in medically oriented rehabilitative programs, including educational, occupational, and recreational activities. Physical therapists plan and administer medically prescribed physical therapy treatment for patients suffering from injuries, or muscle, nerve, joint and bone diseases, to restore function, relieve pain, and prevent disability. Occupational therapists plan, organize, and conduct occupational therapy programs to facilitate development and rehabilitation of people living with mental, physical, or emotional disabilities. Respiratory therapists administer respiratory therapy care and life support to patients with deficiencies and abnormalities of the cardiopulmonary system, under the supervision of physicians and by prescription. Speech therapists specialize in diagnosis and treatment of speech and language problems, and engage in scientific study of human communication. This classification includes clerical office and sales personnel, as well as other employees engaged in therapy services and also includes travel to health facilities or other locations to administer therapy services.
6109-09 Optometrists, N.O.C.
Applies to establishments of optometrists not covered by another classification (N.O.C.). Optometrists are licensed practitioners, but do not hold a medical degree. An optometrist in general practice examines patients' eyes to determine the nature and degree of vision problems or eye diseases and prescribes corrective lenses or procedures, performs various tests to determine visual acuity and perception and to diagnose diseases and other abnormalities, such as glaucoma and color blindness. An optometrist may specialize in the type of services provided, such as contact lenses, low vision aids, or vision therapy, or in the treatment of specific groups such as children or elderly patients. This classification includes clerical office and sales personnel, as well as other employees engaged in service in the optometrist's office.
This classification excludes optometrists employed by optical goods stores who are to be reported separately in classification 6308, and ophthalmologists who are to be reported separately in classification 6109-00.
6109-10 Psychologists and psychiatrists, N.O.C.
Applies to establishments of licensed practitioners not covered by another classification (N.O.C.) who are engaged in the diagnoses and treatment of patients with mental, emotional, or behavioral disorders. Psychologists are licensed practitioners who diagnose or evaluate mental and emotional disorders of individuals and administer programs of treatment. They interview patients in clinics, hospitals, prisons, and other institutions, and study medical and social case histories. Psychiatrists are licensed practitioners who diagnose and treat patients with mental, emotional, and behavioral disorders. They organize data obtained from the patient, relatives, and other sources, concerning the patient's family, medical history, and the onset of symptoms, and determine the nature and extent of mental disorder and formulate a treatment program utilizing a variety of psychotherapeutic methods and medications. This classification includes clerical office and sales personnel, as well as other employees engaged in service in the doctor's office.
6109-12 Nutrition, diet, or weight loss clinics, N.O.C.
Applies to establishments engaged as nutrition, diet, or weight loss clinics not covered by another classification (N.O.C.) which provide programs whereby clients may achieve a healthy and permanent weight loss. The programs vary in approaches but most are based on the behavior modification theory, utilizing private counseling or group support meetings and seminars to educate individuals about their eating habits and proper eating patterns. Some programs may sell vitamin supplements or a line of food products to be used by their clients and may publish newsletters or other forms of literature for the benefit of their clients. This classification includes clerical office and sales personnel.
This classification excludes exercise programs which are to be reported separately in the appropriate classification.
6109-13 Childbirth classes
Applies to establishments providing childbirth education for expectant parents. Topics include, but are not limited to, expectations during pregnancy, breathing and relaxing techniques, and massage therapy. Literature and/or movies may be provided in addition to oral instruction. This classification includes clerical office and sales personnel.
6109-14 Orthotic referral clinics
Applies to establishments operating as clinics to provide care to patients with disabling conditions of the limbs and spine by fitting and preparing orthopedic braces under the direction of and in consultation with physicians. Orthotists examine and evaluate the patient's needs in relation to disease and functional loss, and assist in the design of an orthopedic brace. Orthotists select materials, make cast measurements, model modifications and layouts. When the brace is finished, they evaluate it on the patient, make adjustments to ensure correct fit, and instruct the patient in the use of the orthopedic brace. This classification also includes clinics of prosthetists who provide care to patients with partial or total absence of a limb by planning fabrication of, writing specifications for, and fitting the prosthesis under the guidance of and in consultation with a physician. This classification includes clerical office and sales personnel, as well as other employees engaged in service in the referral clinics.
This classification excludes the manufacture of orthopedic braces, splints or prostheses which is to be reported separately in the applicable classification.
6109-15 Midwife services
Applies to establishments engaged in the practice of midwifery. Midwives provide care for women undergoing medically uncomplicated pregnancy and low risk labor and delivery. The delivery may take place in a clinic setting or in the expectant mother's home. This classification includes clerical office and sales personnel.
6109-16 Licensed massage therapy, reflexology, and foot massage services
Applies to establishments of licensed practitioners who are engaged in the practice of massage therapy. Some massage therapists work in conjunction with physicians or sports teams, or at hospitals, rehabilitation facilities or convalescent homes. If a client is referred by a physician, the therapist will review the medical report and in conjunction with the client, will determine the nature of the massage (whether it is for relaxation or to correct or relieve a medical problem) and the modality to be used, such as deep-muscle work, trigger-point therapy, or joint rotation. Establishments providing reflexology and foot massage services are included in this classification. This classification includes clerical office and sales personnel as well as other employees engaged in these services.
This classification excludes massage therapists employed by a health club, gymnasium, sauna, or bath house who are to be reported separately in classification 6204; massage therapists employed by a business classified in 6501-01.
6109-17 Radiology and MRI referral clinics
Applies to establishments of licensed practitioners who are engaged in the practice of radiology and/or magnetic resonance imaging. Radiologists diagnose and treat diseases of the human body using X-ray and radioactive substances. They examine the internal structures and functions of the organ systems and make diagnoses after correlating the X-ray findings with other examinations and tests. They administer radiopaque substances by injection, orally, or as enemas, to render internal structures and organs visible on X-ray films or fluoroscopic screens. Radiologists may employ magnetic resonance imaging technologists to operate magnetic resonance imaging equipment which produces cross-sectional images (photographs) of a patient's body for diagnostic purposes. This classification includes clerical office and sales personnel, as well as other employees engaged in service in the clinics, such as nurses or technologists.)) Medical and health services N.O.C.
Applies to licensed medical practitioners, medical or treatment clinics, and other health practices not providing overnight care or residency. Medical and health services examine, test, diagnose, refer, consult, and treat patients for all types of diseases, conditions, maladies, injuries, syndromes, addictions, and disorders.
Classification 6109 includes:
• All work performed at clinics;
• Employees of a clinic visiting patients at home, or in other care related facilities such as hospitals or nursing homes;
• Clerical office and sales personnel, whether working at a clinic or in a separate business office.
Occupations typically reported in classification 6109 include employment such as:
• Acupuncturists;
• Alternative medicine practitioners;
• Chiropractors;
• Counselors;
• Dental assistants;
• Dental technicians;
• Dentists;
• Dieticians;
• Eyewear technicians;
• Foot massagers;
• Hygienists;
• Laboratory technicians;
• Licensed massage therapists;
• Medical billers;
• Midwives;
• Naturopaths;
• Nurse practitioners;
• Nurses;
• Occupational therapists;
• Ophthalmologists;
• Optometrists;
• Orthotic technicians;
• Pharmacists;
• Phlebotomists;
• Physical therapists;
• Physicians;
• Prosthetic technicians;
• Psychiatrists;
• Psychologists;
• Radiologists;
• Receptionists;
• Reflexologists;
• Respiratory therapists;
• Speech therapists;
• Surgeons;
• X-ray technicians.
Special note: Some organizations such as schools, spas, sports teams, and summer camps may employ medical and health practitioners to provide care to their employees or customers. These medical services are included in the basic classification representing the nature of the organization's business.
Classification 6109 excludes:
• Firms providing medical services treating animals, which are classified in 6107-01;
• Firms providing medical care, therapy, and nursing services whose principal business is treating patients in their homes, which are classified in 6110-00;
• Firms providing in-home personal care and chore services which are classified in 6511;
• Personal care and chore service employees employed by the person being cared for, who are classified in 6510 or 6512, and dieticians and counselors employed by home health care services who meet the standard exception requirements and are classified 6303-21;
• Medical facilities that include overnight acute care, recovery, and rehabilitation, which are classified in 6105, 6120, and 6121;
• Medical facilities providing care in state licensed convalescent and nursing homes, which are classified in 6108-00;
• Long-term residential facilities providing personal care services with less than acute care medical services, which are classified in 6509.
For administrative purposes, classification 6109 is divided into the following subclassification(s):
6109-00 Physicians and medical clinics, N.O.C.
6109-01 Dental clinics
6109-02 Chiropractors
6109-04 Naturopaths
6109-08 Physical, occupational, respiratory, and speech therapists
6109-09 Eye clinics
6109-10 Licensed mental health practitioners; psychologists and psychiatrists
6109-12 Clinics for nutrition, diet, or weight loss
6109-13 Childbirth classes
6109-14 Orthotic and prosthesis clinics
6109-15 Midwife services
6109-16 Licensed massage therapy, reflexology, and nonlicensed massage services
6109-17 Radiology and MRI referral clinics
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-6110 Classification 6110.
6110-00 Home health services and nursing care, N.O.C.
Applies to establishments engaged in providing skilled and semiskilled nursing and home health care services to individuals who ((do not)) need the continuous care and supervision that hospitals and nursing facilities ((can)) provide. Patients frequently are referred to home health agencies by physicians, hospital discharge planners or other medical professionals. ((Typically, a home health care provider will come to the patient's home to assess the individual's situation, recommend a plan of treatment and coordinate the plan. A nurse may function as the "case manager" for the patient and will coordinate the case plan. Usually a physician must authorize the plan of treatment for home care services. The services offered will vary according to each client's needs and can range from personal care for the patients such as bathing and grooming, cooking, housecleaning; to laboratory services; to skilled nursing services. Home health services may offer therapy services such as physical, occupational, speech, and respiratory. Care may be intermittent or long-term. This classification includes home health nursing visits or care made on a private-duty basis.
This classification excludes home health care social workers and dietitians with no cooking duties who may be reported separately in classification 6303 provided all the conditions of the general reporting rules covering standard exception employees have been met; private households which employ workers who serve on or about the premises in occupations usually considered as domestic service which are to be reported separately in classification 6510; and establishments engaged in providing chore workers/home care assistants to private individuals who are to be reported separately in classification 6511.))
Duties of these health care providers could include:
• Going to the patient's home to assess the individual's situation, recommend a plan of treatment and coordinate the plan. (Usually a physician must authorize the plan of treatment for home care services.);
• Taking vital signs;
• Giving medications;
• Dressing wounds;
• Performing laboratory services;
• Providing therapy services, such as physical, occupational, speech and respiratory;
• Educating the patient;
• Communicating the progress of the patient to the doctor.
This classification excludes:
• Home health care social workers and dieticians with no cooking duties. If all the conditions of the general reporting rules covering standard exception employees are met, these workers may be reported separately in 6303.
• Private households which employ workers who serve on or about the premises in occupations usually considered as domestic service, which are classified in 6510.
• Firms engaged in providing chore workers/home care assistants to private individuals, which are classified in 6511.
Worker hours engaged in chore service activities, such as: Doing housework, cooking, or bathing of patients, which are reported separately in classification 6511. If records are not maintained for dividing worker hours between classifications, these hours must be reported in the highest rated classification as described in WAC 296-17-31017(4).
AMENDATORY SECTION (Amending WSR 15-02-060, filed 1/6/15, effective 7/1/15)
WAC 296-17A-6204 Classification 6204.
Gyms, fitness centers, martial arts training, baths or saunas
Classification 6204 applies to businesses that offer activities and services for recreation, health, and fitness. Gyms typically include cardio workout machines, weight equipment, free weights, bicycle machines, and studio space for group exercise sessions and classes. These facilities may also offer additional items such as running tracks, tennis and racket ball courts, pools, tanning rooms, massage, saunas, baths, and gymnastic equipment. There may also be some retail sales and limited food and beverage services.
Businesses in this classification sometimes advertise as day spas. This classification includes day spas offering a soaking pool, bath, hot tub, sauna, or steam rooms. Businesses with these spa features may also offer aromatherapy, mud baths, body wrap, rub down, massage, or other personal beauty services.
Occupations reported in this classification may include:
Activity directors;
Personal trainers;
Instructors;
Facility managers;
Lifeguards;
Cleaning staff;
Massage therapists;
Spa attendants;
Estheticians;
Nutritional counselors;
Child care providers;
Food and beverage service workers;
Front desk staff;
Grounds keepers;
Maintenance personnel;
Scuba diving instructors providing lessons in a swimming pool, even if not employed by pool facility.
This classification excludes:
• Day spas or beauty shops which do not offer baths, soaking pools, or hot tubs that are reported separately in classification 6501((.));
• Massage therapy businesses ((that)) which are reported separately in classification 6109((.));
• Golf courses ((that)) which are reported separately in classification 6206((.));
• Clubs that offer members' fine dining, lounges, bars, conference rooms, and other services in addition to the athletic facilities, ((and)) which are reported separately in classification 6205((.));
• Dance schools ((that)) which are reported separately in classifications 6103 and 6104((.));
• Ski resorts ((that)) which are reported separately in classification 6705((.));
• Scuba diving instruction not taking place in pools ((that)) which is reported in classification 0202((.));
• Swim instructors employed by organizations that have no facility or pool ((that)) who are to be reported in classification 6103.
For administrative purposes, classification 6204 is divided into the following subclassification(s):
6204-00 Baths, hot tubs, saunas, steam rooms
6204-04 Exercise ((or health institutes, gymnasiums, and health clubs.)) facilities, gyms, fitness and martial arts centers, N.O.C.
AMENDATORY SECTION (Amending WSR 15-11-063, filed 5/19/15, effective 7/1/15)
WAC 296-17A-6303 Classification 6303.
Sales personnel with outside duties, messengers, insurance producers or surplus line brokers, social workers and dieticians employed by a home health care service
Although referenced as sales personnel, this classification also applies to others with similar type activities. While some duties may be performed in a business office, the work is often conducted away from the employer's physical business location or in showrooms. We refer to work that takes place away from the employer's premises as "outside sales."
Classification 6303 is a standard exception classification, as described in WAC 296-17-31018 Exception classifications, with restrictions on both the type of work and where the work can take place. If any of a worker's duties are excluded from 6303 because of restrictions described in this rule, then none of the worker's hours may be reported in classification 6303.
Special note: Care must be taken to:
• Look beyond job titles such as salesperson, social worker, or messenger. Job titles do not ensure the work satisfies the restrictions for classification 6303;
• Ensure standard exceptions are permitted - Some basic classifications include sales work;
• Ensure workers assigned classification 6303 perform no work other than what is allowed by this classification or that permitted in WAC 296-17-4904.
Classification 6303 includes all activities allowed by WAC 296-17A-4904 (office workers) as well as:
• Meeting with customers off premises;
• Showing and demonstrating products and merchandise;
• Off-site classroom instructional training;
• Driving oneself or being transported to or from meeting or training locations;
• Delivering interoffice mail, correspondence and legal documents necessary for administering the employer's business;
• Providing counseling or verbal direction to clients of a home health care service;
• Performing public relations for employers' business.
Classification 6303 excludes:
• Stocking, shipping, receiving, or delivering merchandise;
• The demonstration of machinery or equipment;
• Workers who perform any duties not specifically allowed by WAC 296-17A-4904 or 296-17A-6303;
• Specialty services merchandising products in stores, reported in classification 0607-19;
• Directly supervising workers not included in classifications 4904 or 6303;
• Providing samples to retail customers, reported in classification 6406-40 or 7106-01;
• Working as a driver for a service that transports or chauffeurs others;
• Driving, cooking, or cleaning for, or physically assisting others for home health care services;
• Employees of collection agencies, who are reported separately in 5301-13;
• Door-to-door sales persons who are reported separately in 6309-22;
• Employees of services (WAC 269-17A-4903) providing inspection or valuation services to others;
• Employees of messenger services who are reported separately in 1101-09;
• Employees working for a legal messenger service who are reported separately in 6601-07;
• Construction estimators, who are reported in classification 4911, when their work is limited to time and material estimating for a full work shift.
Special note: Hands on training outside of a classroom setting has to be reported separately in the applicable basic classification. For example, a karate instructor is reported in classification 6204, not 6303.
For administrative purposes, classification 6303 is divided into the following subclassifications:
6303-00 Outside sales personnel, messengers, N.O.C.
6303-03 Insurance sales personnel and claims adjusters
Special note: Individuals licensed by the insurance commissioner as insurance producers for soliciting, negotiating, and selling insurance are exempt from coverage as specified in RCW 51.12.020(11) and 48.17.010. To elect coverage, these individuals must submit a completed optional coverage form to the department.
6303-21 Home health care services: Social workers and dietitians
((Social workers are employed by home health care services providing care for people living with disabilities. Duties include teaching people living with physical or developmental disabilities in their own home to manage daily living skills such as caring for themselves, dressing, cooking, shopping, and going to the doctor.
Dieticians (also called nutritionists) are referred to patients by their physicians. The dietitian assesses the patient's current nutritional status, and then develops a food plan to meet the patient's needs.
Subclassification 6303-21 excludes:
• Cooking, cleaning, transporting and physically assisting clients;
• Nursing and home health care services which are to be reported separately in 6110-00;
• Therapy services which are reported separately in 6109;
• Domestic servants who are to be reported separately in 6510-00;
• Chore workers who are to be reported separately in 6511;
• Home care services provided through the home care referral registry (HCRR) who are to be reported separately in 6512-00.
Special note: Subclassification 6303-21 is not to be assigned to any account that does not also have classification 6110 and/or 6511.)) Applies to social workers and dietitians employed by home health care services agencies. These agencies provide care for the elderly, or individuals who need the continuous care and supervision that hospitals and nursing facilities provide, or people living with disabilities. Duties in this classification include teaching people with physical or developmental disabilities in their own homes to manage daily living skills to care for themselves, and assessing clients to determine level of care needed.
Teaching duties of social workers could include teaching clients to:
• Shop for groceries;
• Dress and use proper hygiene;
• Use public transportation;
• Attend medical appointments or go to work;
• Cook meals;
• Write checks;
• Budget finances;
• Do laundry;
• Access recreational or social activities.
Patients are referred to dietitians (also called nutritionists) by the patients' physicians. The dietitian assesses the patient's current nutritional status, and then develops a food plan to meet the patient's needs.
Classification 6303-21 excludes:
• Direct care of clients, such as: Cooking, cleaning, transporting and physically assisting clients, which is to be reported in the applicable classification;
• Nursing and home therapy services which are classified in 6110-00;
• Domestic servants who are classified in 6510;
• Chore workers who are classified in 6511;
• Home care services provided through the home care referral registry (HCRR), which are classified in 6512-00.
Special note: Subclassification 6303-21 should be assigned only to accounts that also have classifications 6110, 6511, or both.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-6308 Classification 6308.
((6308-00 Stores: Jewelry - Wholesale or retail
Applies to establishments engaged in the sale of premanufactured jewelry. Jewelry sales may be retail to consumers or on a wholesale basis to other stores and dealers. It is common for jewelry stores to employ a goldsmith who will size rings on premises, mount gem stones into settings, or make custom jewelry. Jewelry stores could also be engaged in watch repair and engraving and may offer these services as a part of the jewelry store business. Repair of watches and engraving is included in this classification when performed by jewelry store employees. Custom jewelry making subject to classification 6308-00 is distinguishable from jewelry manufacturing subject to classification 3602 in that businesses in classification 3602 are engaged primarily in the manufacture of jewelry in mass quantities, while jewelry stores in classification 6308 are primarily in the business of selling jewelry purchased from a manufacturer or dealer, and may also make custom or one-of-a-kind pieces.
Special note: Clerical office and outside sales employees may be reported separately provided all the conditions of the general reporting rules covering standard exception employees have been met.
6308-01 Stores: Hearing-aid - Wholesale or retail
Applies to establishments engaged in the sale of hearing aids. Hearing aids are purchased directly from the manufacturer or a distributor and resold to retail consumers, or at wholesale to other hearing-aid stores. Stores subject to this classification routinely offer free hearing tests to customers. Classification 6308-01 is distinguishable from medical services rendered by a physician subject to classification 6109 in that technicians employed by hearing-aid stores subject to classification 6308 rely on sound testing equipment to conduct examinations. They can provide hearing-aid appliances to customers, but do not perform medical procedures and do not need medical certification. This classification includes technicians employed by the store who conduct hearing tests. Medical doctors, on the other hand, perform a number of medical tests including X ray and may recommend or perform hearing corrections through surgical procedures.
Special note: Clerical office and outside sales employees may be reported separately provided all the conditions of the general reporting rules covering standard exception employees have been met.
6308-02 Stores: Optical - Wholesale or retail
Applies to establishments engaged in the sale of optical goods such as, but not limited to, eye glasses and contact lenses. Optical stores purchase eye glass frames and premade lenses from other sources and sell them to retail customers, or wholesale to other optical stores. Stores subject to this classification routinely offer free eye exams to customers. The eye examinations are performed by optometrists or by technicians. These technicians do not need medical certification in order to conduct tests. This classification includes optometrists or technicians employed by optical stores. Classification 6308-02 is distinguishable from medical services rendered by a physician (ophthalmologist) subject to classification 6109 in that optical stores in classification 6308 rely on testing equipment and can only provide eye glass appliances to customers. Medical doctors, on the other hand, perform a number of medical tests including X ray and may recommend or perform vision corrections through surgical procedures.
This classification excludes establishments engaged in grinding operations as part of the manufacture of optical lenses which are to be reported separately in classification 6604 and establishments engaged in the manufacture of eye glass frames which are to be reported separately in the classification applicable to the materials and processes used.
Special note: Clerical office and outside sales employees may be reported separately provided all the conditions of the general reporting rules covering standard exception employees have been met.
6308-03 Stores: Clock and watch - Wholesale or retail
Applies to establishments engaged in the sale of clocks and watches, including related repair. Stores subject to this classification carry an assortment of clocks and watches such as, but not limited to, cuckoo clocks, grandfather clocks, anniversary clocks, and an assortment of heirloom quality pocket or wrist watches. Establishments assigned to this classification are not engaged in the manufacture or assembly of clocks or clock kits. Clocks are purchased directly from the manufacturer or a distributor and resold to retail consumers, or at wholesale to other stores. Classification 6308-03 is distinguishable from clock or watch manufacturing subject to classification 3602 in that clock stores subject to classification 6308 are engaged exclusively in the sale of items manufactured by others and businesses in classification 3602 are engaged primarily in the manufacture of clock mechanisms.
This classification excludes establishments engaged in the manufacture of wooden components or cabinets such as those for grandfather or cuckoo clocks which are to be reported separately in classification 2905.
Special note: Clerical office and outside sales employees may be reported separately provided all the conditions of the general reporting rules covering standard exception employees have been met.
6308-04 Stores: Trophy or awards - Wholesale or retail
Applies to establishments engaged in the wholesale or retail sale of trophies, plaques, awards and related items such as, but not limited to, banners, name badges, certificates, buttons, pins, ribbons, pens, advertising or specialty items. As a convenience to their customers, trophy stores may also sell small signs or similar items which they purchase from others. Establishments subject to this classification purchase component parts from other unrelated businesses, then assemble and engrave or letter them per customer specifications. Component pieces include, but are not limited to, plastic, marble, metal, or wood bases and backings, decorative mounts, small hardware, vinyl fabric, and ready made banners. They use hand tools, table top punching or bending devices and engraving equipment. While stores may still use old style engraving machines for some custom orders, most of today's engraving or lettering is done on computerized equipment.
This classification excludes the manufacture of component pieces or signs which is to be reported separately in the classification applicable to the work being performed.
Special note: Producing "computerized vinyl lettering or designs" is a normal activity in several types of businesses such as, but not limited to, trophy stores, manufacturers of textile banners, or sign painting services in a shop. Computerized lettering or designs are made on a plotter/cutter that is attached to a computer. A roll of vinyl fabric is placed on the plotter/cutter. Designs are created on the computer, then transferred electronically to the plotter/cutter that punches them out in the vinyl material. Designs are transferred onto the backing with the use of transfer paper. One must look beyond the producing of computerized vinyl applications when determining the nature of the business being classified. An employee whose only duties are generating vinyl lettering or designs on computerized equipment in an office environment could qualify for classification 4904 provided all the conditions of the general reporting rule covering standard exception employees have been met.
Special note: Clerical office and outside sales employees may be reported separately provided all the conditions of the general reporting rules covering standard exception employees have been met.)) Wholesale or retail store operations: Stores for jewelry, hearing aids, optical products, clocks and watches, and trophies
Classification 6308 applies to retail and/or wholesale stores selling precision designed products. These are generally smaller sized items. Sales include:
• Clocks (all sizes) and watches;
• Eyeglasses and contact lenses;
• Hearing aids;
• Jewelry;
• Trophies, plaques, and awards.
Store operations include:
• Cashiering;
• Engraving;
• Inventorying;
• Merchandising and stocking of store;
• Measuring for size, adjusting, and fitting products to customers;
• Receiving and returning merchandise at store's loading ramp;
• Sales work inside store;
• Servicing, repair, and assembly of goods sold by the store as well as custom design of jewelry;
• Store security and surveillance;
• Technicians (including opticians) operating equipment to measure customers' vision or hearing accuracy.
Classification 6308 excludes:
• Clinics employing medical doctors, ophthalmologists, or optometrists for diagnosing and treating of hearing and visual impairments and diseases, which are classified in 6109;
• Firms engaged in the grinding of lenses, which are classified in 6604;
• Firms engaged in the manufacture of wooden components or cabinets, such as those for grandfather clocks, which are classified in 2905;
• Firms engaged in the manufacturing of large quantities of products listed in this classification; stores in 6803 are allowed only to individually customize items or make custom products.
For administrative purposes, classification 6308 is divided into the following subclassification(s):
6308-00 Jewelry stores
6308-01 Hearing aid stores
6308-02 Optical stores
6308-03 Clock and watch stores
6308-04 Trophy stores
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-6607 Classification 6607.
6607-00 Card rooms; bingo parlors or casinos
Applies to establishments engaged in operating card rooms, bingo parlors, or casinos. To qualify for this classification, card rooms must be run as a separate operation when located in a tavern or restaurant that has a license to sell spirits or hard liquor. ((This classification includes employments such as, but not limited to, dealers, security floor managers, janitorial and maintenance staff, and food and beverage operations.)) Bingo parlors and casinos are usually operated by Native American tribal organizations or by nonprofit organizations to raise funds for charity. This classification applies to any workers these organizations employ to operate bingo or casino games. ((Typical employments include, but are not limited to, game attendants and helpers, money collectors, callers, card dealers, janitorial and maintenance staff, and food and beverage operations.))
This classification includes employment such as:
• Callers;
• Card dealers;
• Food and beverage operations;
• Game attendants and helpers;
• Janitorial and maintenance staff;
• Money collectors;
• Security floor managers.
Special note: Coverage for Native American tribes conducting a bingo operation is subject to jurisdictional policy.
6607-01 Billiard or pool halls
Applies to establishments engaged in operating billiard or pool halls. This classification could apply to the operation of a billiard or pool hall in connection with another enterprise, such as a bowling alley or skating rink, but only if it is conducted as a separate and distinct operation. ((This classification includes, but is not limited to, counter personnel who collect money for the rental of billiard and pool equipment, rackers, food and beverage operations, and janitorial and maintenance staff.
This classification excludes clerical office and outside sales personnel who may be reported separately provided all the conditions of the general reporting rules covering standard exception employees have been met; billiard or pool tables that are provided as part of a bowling center, tavern, or restaurant operation which are to be reported separately in the applicable classification.))
This classification includes employment such as:
• Counter personnel who collect money for the rental of billiard and pool equipment;
• Food and beverage operations;
• Janitorial and maintenance staff;
• Rackers.
This classification excludes:
• Billiard or pool tables that are provided as part of a bowling center, tavern, or restaurant operation which are to be reported separately in the applicable classification.
6607-02 Recreational, social or community centers, N.O.C.
Applies to establishments engaged in operating recreational, social or community centers not covered by another classification (N.O.C.) such as((, but not limited to, senior centers, community centers for minors, and adult social establishments)):
• Adult social establishments;
• Community centers for minors;
• Senior centers.
These organizations may target a particular age or cultural group. Organizations may provide educational workshops, social interaction, drug prevention programs, crafts and limited physical recreational activities. This classification includes food or beverage operations provided by the center. Organizations in classification 6607 do not require membership fees as opposed to clubs in classification 6205 that charge a fee for membership.
This classification excludes ((YMCA's and boy/girls clubs which are to be reported separately in classification 6203; health clubs and gymnasiums which are to be reported separately in classification 6204; clubs, N.O.C. such as fraternal organizations which are to be reported separately in classification 6205, and municipal community centers which are to be reported separately in the applicable classification)):
• YMCAs and boys/girls clubs which are to be reported separately in classification 6203;
• Fitness centers and gymnasiums which are to be reported separately in classification 6204;
• Clubs, N.O.C., such as fraternal organizations, which are to be reported separately in classification 6205; and
• Municipal community centers which are to be reported separately in the applicable classification.
Special note: While subclassification 6607-02 also applies to adult day care services, it should not be added to any account with classifications 6509 (adult family homes and assisted living facilities) or 6108 (nursing homes), unless the adult day care is operated as an independent enterprise as described in WAC 296-17-31017. Adult day care services are considered incidental and included in the basic classification for employers providing care services that include overnight stays.
6607-03 Indoor playgrounds
Applies to establishments that provide indoor entertainment centers for children. Generally these operations include a playground area consisting of ((interconnecting tubes, ladders, slides, ball bins, roller slides, and water and/or air beds)) play toys and equipment that may include:
• Ball bins;
• Interconnecting tubes;
• Ladders;
• Slides;
• Roller slides;
• Water and/or air beds.
The equipment is typically made of plastic, rubber, and/or plexi-glass. Video games may also be available on the premises but generally they are maintained by the game vendor. ((Typical duties of the employees include, but are not limited to, selling tickets, supervising the playground area, facilitating parties, snack bar operations and light cleaning such as dusting the tubes, vacuuming and cleaning the snack area. The more involved janitorial duties are usually contracted out to a private janitorial firm. Included in this classification is child day care service whereby parents can leave children at the playground for a specific period of time. This service usually places limitations on the time a child may be left at the center.
This classification excludes child day care services not part of an indoor playground operations which are to be reported separately in classifications 6103 and 6104; amusement parks, permanently located kiddie rides, and establishments which provide adult or family sports entertainment, which may include batting cages and miniature golf, which are to be reported separately in classification 6208; and establishments engaged in providing gymnastic training to children which are to be reported separately in classification 6204.
Special note: Normally establishments in this classification do not employ workers who are engaged exclusively in clerical office or sales. However, separate classifications could be assigned provided all the conditions of the general reporting rules covering standard exception employees have been met.))
This classification includes employment such as:
• Child day care service where parents can leave children at the playground for a specific period of time;
• Facilitating parties;
• Light cleaning such as dusting tubes, vacuuming and cleaning the snack area;
• Selling tickets;
• Snack bar operations;
• Supervising the playground area.
The more involved janitorial duties are usually contracted out to a private janitorial firm.
This classification excludes:
• Child day care services not part of an indoor playground operations which are to be reported separately in classifications 6103 and 6104;
• Amusement parks, permanently located kiddie rides, and establishments which provide adult or family sports entertainment, which may include batting cages and miniature golf, which are to be reported separately in classification 6208; and
• Establishments engaged in providing gymnastic training to children which are to be reported separately in classification 6204.
6607-04 Indoor simulated golfing
Applies to establishments engaged in providing computer simulated indoor golf facilities to the public. The operation consists of separate cubicles which house a computer simulated screen and a play area. Customers select a particular course from a list of available courses which are generally exact replicas of famous courses throughout the world. The player hits a golf ball against a canvas screen inside the cubicle; a computer measures the speed and direction of the ball and simulates the shot so the player can view the results on the screen. Facilities may provide a small putting area, a snack area with limited seating, and/or the sale of golf shirts and memorabilia. ((Typical duties of the workers include monitoring facilities, setting up computers and collecting the admission price, selling memorabilia, food and beverage operations, and light janitorial work.)) This classification includes employment such as:
• Food and beverage operations;
• Light janitorial work;
• Monitoring facilities;
• Selling memorabilia;
• Setting up computers and collecting the admission price.
This classification excludes miniature golf courses and driving ranges which are reported separately in classification 6208.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-7203 Classification 7203.
7203-00 Offenders: Community service ((workers)) work
Applies to ((individuals)) adult and juvenile offenders who are ((sentenced)) under jurisdiction of the state or local law enforcement agencies and who are authorized to perform community service work for ((a state agency, county, city, town or nonprofit organization as the result of a court order. The "workers" perform various services for benefit of the agency or organization. These services may range from clerical office or counseling duties to maintenance or construction work. The type of work performed has no bearing on the assignment of this classification. The workers are not compensated for their work; instead, they are allowed to perform these services in lieu of imprisonment)) state agencies, and other government or public benefit nonprofit corporations.
Some offenders perform these services in lieu of imprisonment and the work is for the benefit of the entity requesting services. The work may include a wide range of duties, all of which are included in this classification.
Special notes: This classification is assigned only if the agency or organization for ((whom)) which the service is being provided elects to cover their community service workers (RCW 51.12.045). Although this coverage is optional, the department of corrections requires entities utilizing Class V offender services to provide workers' compensation coverage for the offenders, and report and pay premiums for the offenders to the department. To add this coverage, the department must receive a completed application for elective coverage of excluded employments form F213-112-000 from the entity prior to the entity receiving the offenders' services.
Public benefit nonprofit corporations are described in RCW 24.03.005(17).
Juvenile offenders under a diversion agreement contract are described in RCW 13.40.080.
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