WSR 20-12-105
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed June 3, 2020, 9:47 a.m.]
Subject of Possible Rule Making: Fulfilment [Fulfillment] center classification, 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.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.16.035 and 51.04.020(1).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 51.16.035 requires the department to classify all occupations or industries by degree of hazard. The department began researching and evaluating the operations of fulfillment centers currently classified in Classification 2102 Warehouse General Merchandise. We discovered, after evaluating expected losses and some unique operations of fulfillment centers, that possible classification changes may be required to ensure these operations are still being classified by their degree of hazard to ensure fair rates in the industry. We are considering creating a new risk classification for fulfillment centers.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state, local, or federal agency regulates this subject.
Process for Developing New Rule: Agency study.
The department will provide outreach to firms with Classification 2102 Warehouse General Merchandise and discuss potential future changes, taking their input and recommendations into consideration. Impacted employers will receive notice of the proposed changes and public hearings.
The department of labor and industries is planning to hold a formal public hearing in October 2020 in Tumwater.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jo Anne Attwood, P.O. Box 44148, Olympia, WA 98504-4148, phone 360-902-4777, fax 360-902-4988, TTY 360-902-5797, email JoAnne.Attwood@Lni.wa.gov, website www.lni.wa.gov/rulemaking-activity/?query=premium.
June 3, 2020
Joel Sacks
Director