WSR 20-15-138
PROPOSED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed July 21, 2020, 12:50 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-06-070.
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): On August 25, 2020, at 10:00 a.m.
Telephonic hearing only. Please call 1-866-715-6499. When prompted for the passcode, enter 3584348178# (pound sign must be entered). The telephonic hearing starts at 10:00 a.m. and will continue until all oral comments are received.
Date of Intended Adoption: October 6, 2020.
Submit Written Comments to: Jo Anne Attwood, P.O. Box 44148, Olympia, WA 98504-4148, email JoAnne.Attwood@Lni.wa.gov, fax 360-902-4988, by August 25, 2020 by 5:00 p.m.
Assistance for Persons with Disabilities: Contact Jo Anne Attwood, phone 360-902-4777, fax 360-902-4988, TTY 360-902-5797, email JoAnne.Attwood@Lni.wa.gov, by August 20, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Classification development's goal is to implement clear rule writing to ensure staff and customers can easily understand and apply the workers' compensation insurance classification and reporting rules. Classification development studied some subclassifications for potential reduction in number; and reviewed classification and reporting rules for improvement and clarification.
The purpose of this rule making is not to make substantive changes to how employers are classified and amendments will not impact employer rates.
As part of this rule making, the department of labor and industries (L&I) reviewed these chapters for need, clarity, and consistency to make changes where possible to reduce the regulatory burden on employers insured with the state fund.
Proposed amendments include:
WAC Numbers
WAC description
What is changing
Reason for Change
296-17-31004
Coverage requirements
Eliminating statement that we will give you a confirmation number you can keep as proof that you verified "in good standing" status. Replace with "the departments'" website (verify) will state "account is current."
We don't provide a confirmation number to customers. It's unknown if this was ever done in the past.
296-17-31006
Application process
Correcting website links.
Some links have changed since the rule was written due to website redesigns.
296-17-31007
Owner/officer coverage and coverage for exempt employments
Correcting website links.
Some links have changed since the rule was written due to website redesigns.
296-17-31021
Units of exposure
Changing race driver reporting from ten hours per race heat to actual hours per race/heat.
Analysis of those assigned classification 6708 for race driving showed that no one is reporting correctly. They are reporting actual hours instead of ten hours per race heat. Actuary supports changing the reporting method to actual hours worked. We are codifying current practice.
296-17-31023
Premium reporting
Correct language referring to written quarterly reports.
The majority of quarterly reporting is done online now, so instructing customers to "write across the face of the report" is obsolete.
296-17-35201
Recordkeeping and retention
Updating penalty for failure to keep records from $250 to $500.
Adding: Beginning July 2, 2023, these penalties will be adjusted for inflation every three years based on the consumer price index.
SHB 2409 increased penalties and added that the penalty will be adjusted for inflation every three years based on the consumer price index (CPI).
296-17-35203
Special reporting instructions
Correcting website links.
Some links have changed since the rule was written due to website redesigns.
296-17-35204
Penalty assessments for employers who fail to register under Title 51 RCW
Updating penalty for failure to register under Title 51 RCW from $500 to $1000.
Adding: Beginning July 2, 2023, these penalties will be adjusted for inflation every three years based on the consumer price index.
SHB 2409 increased penalties and added that the penalty will be adjusted for inflation every three years based on the CPI.
We are combining subclassifications as part of our plan to reduce the overall number of subclassifications in the Classification plan to ease administrative burden for customers and staff.
296-17A-0101;
296-17A-2903;
296-17A-3701;
296-17A-3902;
296-17A-4802;
296-17A-4808
Land clearing; Wood products mfg; Chemical mfg; Food sundries mfg; Farms, berry; Farms, diversified crops
Employer rates will not change.
•        Low number of employers/hours reporting in subclassification (low credibility from actuarial view);
•        Subclassification does not represent separate risks from overall risk classification;
•        Due to low loss data;
•        No longer need to track these subclassifications separately.
296-17A-0301
Landscape construction operations, N.O.C.
Correct "paving" to "paver" in the Example.
Correct incorrect word.
296-17A-1002
1002-08 Shake and shingle mills - Automated process
Correct reference in the Special note from: Classification 1005 shake and shingle mills N.O.C.; to: Classification 1005 shake and/or shingle mills.
1005 is not a N.O.C. classification.
Correct reference.
296-17A-1007
Geophysical exploration, N.O.C.
Correct from "seismatic" to "seismic."
Correct typographical error.
296-17A-1108-03
296-17A-1108-05
Flat glass merchants - No tempering
Combined auto and flat glass merchants - No tempering
Correcting from "Plexiglas" to "plexiglass."
Correct from product tradename to generic name of material as classifications don't typically use product tradenames.
296-17A-2008
Warehouses - Field bonded
Correcting to make possessive: "customers" to "customer's."
Correct typographical error.
296-17A-3101
Ready mix concrete dealers
Correct from "metal shoot" to "metal chute"
Also, separate into two sentences for better readability as pit and crusher operations are not relevant to the sales of tools, etc:
"This classification also includes the related sale of tools, equipment, and building materials such as bricks or concrete blocks, and pit and crusher operations provided all sand and gravel produced is used by the dealer to manufacture concrete mix."
Correct typographical error.
Improve readability.
296-17A-3102
Rock wool insulation: Manufacturing
Correcting title from "Rock wool insulation: manufacturing" to "Stone wool insulation: manufacturing."
Correct from product tradename to generic name of material as classifications don't typically use product tradenames.
296-17A-3402
Pump, safe, scale, auto jack, water meter, air compressor and elevator: Manufacturing or assembly
Correcting subclassification number from 00 to 02.
When we collapsed subclassifications last year in Classification 3402, sub 00 was inadvertently left and not changed to sub 02. Typographical error.
296-17A-3506-03
Concrete pump truck service
Correct from "metal shoot" to "metal chute."
Correct typographical error.
296-17A-4910-01
Chimney cleaning - Residential buildings
Remove "commercial" from the exclusion and add to heading; add "such as restaurants, hotels, motels, and office buildings"; remove "house."
We are clarifying how the classification has been interpreted and applied for not only residential, but for business operations like restaurants, hotels, motels, and office buildings with chimney cleaning needs.
In the classification's exclusion, the word "commercial" has caused confusion with staff when classifying accounts. The exclusion specifies "industrial," which is clear without including "commercial." It refers to 0508 Smokestack: construction or erection, dismantling, maintenance or repair, which is a heavy industrial classification. Only businesses providing services to this type of heavy industrial facility are classified in 0508.
There are currently 68 accounts with 4910-01, one also has 0508-01 and performs heavy industrial services for industrial customers.
There are eight accounts with 0508-01 and all provide heavy industrial-related services for industrial customers.
296-17A-5307
State government employees - N.O.C.
Change department of social and health services (DSHS) to department of children, youth, and families.
Update agency title due to recent change.
296-17A-6411-24
Tobacco and marijuana products, vaporizers and liquids, and smoking accessories
Remove "and marijuana" from the classification title.
The title currently creates staff confusion when assigning the classification as it seems to lead staff to believe that selling marijuana is in Classification 6411 and not in the correct classification, Classification 6403.
296-17A-6501
Barbers, salons, tattoo shops
Change from "this classification includes all employees" to "this classification includes clerical office and sales employees."
To help customers and staff understand that the standard exclusion activities are included. This is consistent with how other classifications are written.
296-17A-6601-06
6601-06 Crowd control
Change spelling from "theatre" to "theater."
To ensure consistent spelling of the word throughout all classifications.
296-17A-6708
Professional motor vehicle or watercraft race drivers
Changing race driver reporting from 10 hours per race heat to actual hours worked.
Analysis of those assigned Classification 6708 for race driving showed that no one is reporting correctly. They are reporting actual hours instead of ten hours per race heat. Actuary supports changing the reporting method to actual hours worked.
Reasons Supporting Proposal: L&I is required by law to establish and maintain a workers' compensation classification plan that classifies all occupations or industries in accordance with their degree of hazard and in a manner consistent with recognized insurance principles (RCW 51.16.035). We will propose amending some classifications to increase ease of reporting, and ensure consistent and equitable treatment to businesses.
This rule making will potentially benefit all state fund employers by making it easier to do business with L&I. This rule making will also allow department staff to provide more consistent service to our customers.
Statutory Authority for Adoption: RCW 51.16.035.
Statute Being Implemented: RCW 51.16.035.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: L&I, governmental.
Name of Agency Personnel Responsible for Drafting: Jo Anne Attwood, Tumwater, 360-902-4777; Implementation: Keith Bingham, Tumwater, 360-902-4826; and Enforcement: Victoria Kennedy, Tumwater, 360-902-4997.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required per RCW 34.05.328 (5)(b)(vi), as the proposed rules adjust rates pursuant to legislative standards.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
July 21, 2020
Joel Sacks
Director
AMENDATORY SECTION(Amending WSR 13-11-128, filed 5/21/13, effective 7/1/13)
WAC 296-17-31004Coverage requirements.
(1) I own a business. Am I required to have workers' compensation insurance coverage for my employees? Nearly every employer doing business in the state of Washington is required to have workers' compensation insurance for his/her employees. Washington law (RCW 51.12.020) does exempt certain types of employment from coverage. If you employ only individuals who are excluded from mandatory workers' compensation insurance coverage, you are not required to have workers' compensation insurance coverage.
(2) I hire contractors to perform work for me. Do I need to be concerned about premiums on their work? Yes. There are two ways you may be liable for premiums on the work they do.
First, they may be "workers" for whom you are required to report and pay premiums. The law defines worker to include both your employees and independent contractors you hire, when the essence of the contract is personal labor. See RCW 51.08.070, 51.08.180, 51.08.181, and 51.08.195 for more guidance about when independent contractors will be considered workers.
Second, the Industrial Insurance Act imposes premium liability on anyone who contracts with another to have work performed. Even if the contractor you hire is not your worker (for example, if the contractor uses one or more workers on the job), you could be liable for their premiums if they fail to pay.
(3) Is there any way for me to protect myself from being held liable for premiums owed by construction contractors I hire? Yes, if you are a registered construction contractor or licensed electrical contractor, and you hire a registered construction contractor or a licensed electrical contractor to do construction work that requires licensing or registration, you can protect yourself from being found liable for the premiums on the work that contractor does for you if:
(a) They have a principal place of business eligible for IRS deduction;
(b) They keep books and records that reflect all items of income and all expenses of the business; and
(c) You have verified that they have an industrial insurance account in good standing, or are a self-insured employer approved by the department.
(4) What does "in good standing" mean? For someone's account to be in good standing, they must:
(a) Be registered with the department of labor and industries for industrial insurance coverage with the state fund;
(b) Have a certificate of coverage, also known as a liability certificate, that has not been revoked or canceled;
(c) Have submitted all reports and supplements required by the department within the past year; and
(d) Be current with all payments due to the state fund, or are current with an approved written payment agreement with the department regarding all unpaid amounts due the state fund.
(5) How do I know that someone's account is considered to be "in good standing"? You can find out whether someone's account is in good standing by visiting the department's website or calling your account manager. If the account is in good standing, ((we will give you a confirmation number you can keep as proof that you verified their status.))the website will state "account is current."
(6) I use the same subcontractors over and over. Do I have to verify that they have an industrial insurance account in good standing every time I use them? No. In RCW 51.12.070 protection for construction contractors only requires that you have confirmed a subcontractor's account within a year prior to letting a contract. When you check out your subcontractors on the department's website or by calling your account manager, a confirmation number will be provided as proof you checked them out. This confirmation number is valid for one year from the time it is issued.
If you are notified by the department of labor and industries that a subcontractor's account is no longer in good standing, you may be liable for their industrial insurance premiums from the date of notification forward.
(7) Can I, as a construction contractor, be held liable if I verify that the accounts of construction contractors I hire are in good standing, but they fail to confirm the accounts of the construction subcontractors they hire? No. If you make sure you and your construction subcontractors meet the requirements of RCW 51.12.070, you cannot be held liable if they fail to make sure their construction subcontractors meet the requirements.
AMENDATORY SECTION(Amending WSR 19-11-109, filed 5/21/19, effective 7/1/19)
WAC 296-17-31006Application process.
(1) Where can I buy workers' compensation insurance? Washington law requires that you:
• Purchase your workers' compensation insurance through labor and industries. You will need to complete a business license application to obtain workers' compensation insurance from us; or
• Be certified as a self-insured employer by the self-insurance certification services section of the department of labor and industries. For more information on the self-insurance program go to www.lni.wa.gov/selfinsurance, additional resources and contact information are listed under "Contact Us."
Employers engaged exclusively in interstate or foreign commerce are permitted to purchase workers' compensation insurance from a private carrier in another state if they do business in that state. The workers' compensation laws of the other state must allow the Washington drivers to be covered in that state.
(2) Where can I get a business license application?
You can file and print a business license application online at ((www.business.wa.gov/BLS))www.dor.wa.gov. You can pick up a paper business license application from:
• Any office of the department of labor and industries;
• Employment security;
• Department of revenue business licensing service office;
• The corporations division of the office of the secretary of state;
• For your convenience you can call us at 360-902-4817 and we will mail you one.
(3) Where do I send my completed business license application?
You can mail your completed business license application to the department of revenue address shown on the form, or you can return it to your local department of labor and industries office, or department of employment security district tax office. Be sure to include the appropriate fees indicated on the form.
AMENDATORY SECTION(Amending WSR 19-11-109, filed 5/21/19, effective 7/1/19)
WAC 296-17-31007Owner/officer coverage and coverage for exempt employments.
(1) As a business owner, can I buy workers' compensation insurance to cover myself or to cover workers who are exempt from mandatory coverage as defined in RCW 51.12.020, 51.12.035, or 51.12.170?
Yes. Coverage is not required, but is available for sole proprietors, partners, qualifying corporate officers, qualifying members of a limited liability company, and for exempt employments defined in RCW 51.12.020, 51.12.035, or 51.12.170. We refer to this coverage as optional coverage. For owner optional coverage, you must meet certain conditions and requirements which are detailed on the application for owner/officer optional coverage. These requirements include:
• Completing an application for optional owner/officer coverage;
• Reporting owner/officer hours in the classification assigned to your business that is applicable to the work being performed by the owner/officer;
• Submitting a supplemental report which lists the name of each covered owner/officer; and
• Reporting four hundred eighty hours or actual hours worked each quarter for each covered owner/officer and in the applicable workers' compensation classification code.
(2) When will my owner/officer coverage or coverage for exempt employments become effective?
Your coverage will become effective the day after we receive your completed and signed application for optional coverage, unless you indicate that optional coverage should begin at a later date. Coverage cannot begin before the day after we receive your completed application.
(3) How does cancellation work? You may cancel your optional owner/officer coverage or elective coverage for exempt employments by notifying the department in writing. For sole proprietors, partners, and LLC partnership model, we will cancel your coverage either the same day we receive your written notice to cancel or on the future date you indicate. For corporations, LLC corporate model, or elective coverage for exempt employment, we will cancel the coverage thirty days from the date we receive your written request to cancel.
The department may cancel optional coverage if any required payments have not been made. Cancellation will become effective no later than thirty days from the date of the cancellation notice the department sent to the employer.
When your account balance is paid, if you want to reestablish owner/officer coverage, you must submit a new application for owner/optional coverage.
(4) Where can I get an application for owner/officer coverage, or coverage for exempt employments? There are separate applications for owner/officer optional coverage and coverage for exempt employments. To get these applications, go to ((http://www.lni.wa.gov/FormPub))www.lni.wa.gov, contact your local labor and industries office, or you can call the employer services division at 360-902-4817.
AMENDATORY SECTION(Amending WSR 12-24-067, filed 12/4/12, effective 1/4/13)
WAC 296-17-31021Units of exposure.
(1) What is a "unit of exposure"?
A unit of exposure is the measure which is used to help determine the premium you will pay. For most businesses the unit of exposure is the hours worked by their employees. Because not all employees are compensated based on the hours they work, we have developed reporting alternatives to make reporting to us easier. Those alternatives are outlined in subsection (2) of this section. In other cases, the department may authorize some other method in assuming workers hours for premium calculation purposes.
(2) What are the alternatives to actual hours worked?
The exceptions are:
Apartment house managers, caretakers, domestic, home care or similar employees: To determine the number of hours you need to report to us, divide an employee's total compensation, including housing and utility allowances, by the average hourly wage for the classification. The total number of work hours to be reported for each employee is not to exceed 520 hours per quarter. You will need to call us at 360-902-4817 to obtain average hourly wage information.
Commission employees - Outside (such as, but not limited to, real estate and insurance sales): You must select one of the following methods to report your commission employees - Outside:
Actual hours worked; or
Assumed hours of eight hours per day for part-time employees or one hundred-sixty hours per month for full-time employees.
 
All outside commission employees of an employer must be reported by the same method. You cannot report some outside commission employees based on the actual hours they work and others using the eight hours per day for part-time employees or one hundred-sixty hours per month for full-time employees method.
Drywall - Stocking, installation, scrapping, taping, and texturing: Premiums are based on material installed/finished rather than the hours it took to install/finish the drywall.
Horse racing - Excluding jockeys: Employers in the horse racing industry pay premiums on a monthly or daily rate on employees based on a type of license their employees hold rather than the hours the employees work. Premiums are collected by the Washington horse racing commission.
Jockeys: Report ten hours for each race/mount or for any day in which duties are reported.
Pilots and flight crew members: Pilots and flight crew members having flight duties during a work shift including preflight time shall have premium calculated by utilizing daily readings logged per federal requirements of the aircraft tachometer time: Provided, That if the total tachometer time for any day includes a fraction of an hour, the reportable time will be increased to the next full hour: Provided further, That pilots and flight crew members who assume nonflying duties during a work shift will have premium calculated in accordance with the appropriate rules and classifications applicable to nonflight duties.
((
Race car drivers: Report ten hours for each race/heat.))
Salaried employees: You must select one of the following methods to report your salaried employees:
Actual hours worked; or
Assumed hours of one hundred-sixty hours per month.
All salaried employees of an employer must be reported by the same method. You cannot report some salaried employees based on the actual hours they work and others using the one hundred sixty hours per month method. Provided further, as in the case of contract personnel employed by schools and/or school districts, the school or school district shall report actual hours worked for each employee, one hundred sixty hours per month for each employee, or the department may authorize some other method in assuming workers hours for premium calculation purposes.
(3) Can I use assumed work hours for piece workers?
No, if you employ piece workers you must report the actual hours these individuals work for you unless another unit of exposure is required.
Example: If you have employees engaged in drywall work you would report and pay premiums on the basis of the square footage of the material they installed not the hours they worked.
AMENDATORY SECTION(Amending WSR 98-18-042, filed 8/28/98, effective 10/1/98)
WAC 296-17-31023Premium reporting.
How often will I need to report and pay premiums? Most employers will report and pay premiums once every three months. We refer to these three-month periods as quarters. For example, the months of January, February, and March represent the first quarter of a calendar year. In some cases employers report at more frequent intervals.
Example: Reforestation contractors report on a contract basis for any project over ten thousand dollars. Since contracts may last only a few days, reforestation contractors may file reports daily, weekly, and monthly.
If you do not have employees during a quarter, you must ((return your premium)) report by the due date and indicate "no payroll" or "no employees" ((across the face of the report)). If you do not submit reports when required, we will estimate premiums and initiate legal action against you to collect premiums due.
AMENDATORY SECTION(Amending WSR 16-18-085, filed 9/6/16, effective 10/7/16)
WAC 296-17-35201Recordkeeping and retention.
Washington law (RCW 51.48.030) requires every employer to make, keep, and preserve records which are adequate to facilitate the determination of premiums due to the state for workers' compensation insurance for their covered workers. In the administration of Title 51 RCW, the department of labor and industries has deemed the records and information required in the various subsections of this section to be essential in the determination of premiums due to the state fund. The records so specified and required, shall be provided at the time of audit to any authorized representative of the department who has requested them.
Failure to produce the requested records within thirty days of the request, or within an agreed upon time period shall constitute prima facie evidence of noncompliance with this rule and shall invoke the statutory bar to challenge found in RCW 51.48.030 and/or 51.48.040. See WAC 296-17-925, 296-17-930, and 296-17-935 for additional reporting and recordkeeping requirements for qualifying volunteers, student volunteers, and unpaid students.
(1) Employment records. Every employer shall with respect to each worker, make, keep, and preserve original records containing all of the following information for three full calendar years following the calendar year in which employment occurred:
(a) The name of each worker;
(b) The Social Security number of each worker;
(c) The beginning date of employment for each worker and, if applicable, the separation date of employment of each such worker;
(d) The basis upon which wages are paid to each worker;
(e) The number of units earned or produced for each worker paid on a piecework basis;
(f) The risk classification applicable to each worker whenever the worker hours of any one employee are being divided between two or more classifications;
(g) The number of actual hours worked (WAC 296-17-31002) by each worker, unless another basis of computing hours worked is prescribed in WAC 296-17-31021 or 296-17-935;
(h) A summary time record for each worker showing the calendar day or days of the week work was performed and the actual number of hours worked each work day;
(i) The workers' total gross pay period earnings;
(j) The specific sums withheld from the earnings of each worker, and the purpose of each sum withheld;
(k) The net pay earned by each such worker.
(2) Business, financial records, and record retention. Every employer is required to keep and preserve all original employment time records for three full calendar years following the calendar year in which employment occurred. The three-year period is specified in WAC 296-17-352 as the composite period from the date any such premium became due.
Employers who pay their workers by check are required to keep and preserve all check registers and bank statements. Employers who pay their workers by cash are required to keep and preserve records of these cash transactions which provide a detailed record of wages paid to each worker.
(3) Recordkeeping - Estimated premium computation. Any employer required by this section to make, keep, and preserve records containing the information as specified in subsections (1) and (2) of this section, who fails to make, keep, and preserve such records, shall for the purpose of premium calculation assume worker hours using the average hourly wage rate for each classification, and also will be subject to penalties prescribed in subsection (4) of this section. The records compiled by the department shall be the basis for determining the average hourly wage rate: Provided, That the average hourly wage rate shall be no less than the state minimum wage existing at the time such assumed hours are worked. Notwithstanding any other provisions of this section, workers employed in a work activity center subject to Classification 7309 shall be reported on the basis of the average hourly wage.
(4) Failure to maintain records - Penalties. Any employer required by this section to make, keep, and preserve records containing the information as specified in subsections (1) and (2) of this section, who fails to make, keep, and preserve such record, shall be liable, subject to RCW 51.48.030, to a penalty ((in the amount of two hundred fifty))not to exceed five hundred dollars or two hundred percent of the quarterly tax for each such offense, whichever is greater. Beginning July 1, 2023, this penalty will be adjusted for inflation every three years based on the consumer price index (Seattle, Washington area for urban wage earners and clerical workers, all items compiled by the Bureau of Labor Statistics of the United States Department of Labor). Failure to make, keep, and preserve records containing the information as specified in subsections (1) and (2) of this section, for a single employee shall constitute one offense, for two employees two offenses, and so forth. The department may waive penalties for the first-time or de minimis violations of this section. Any penalty that is waived under this section may be reinstated and imposed in addition to any additional penalties associated with a subsequent violation or failure within a year to correct the previous violation as required by the department.
AMENDATORY SECTION(Amending WSR 15-19-081, filed 9/15/15, effective 10/16/15)
WAC 296-17-35203Special reporting instruction.
(1) Professional and semiprofessional athletic teams. Athletes assigned and under contract to a Washington-domiciled sports team are mandatorily covered by Washington industrial insurance. Athletes assigned to a Washington-domiciled sports team but under contract with a parent team domiciled outside of the state are mandatorily covered by Washington industrial insurance unless the player is eligible for coverage in another state, and there is a valid coverage agreement as described below.
A player is eligible for coverage in another state only when both the player and the employer agree in writing that the employment is principally localized in that state.
Example: If the Washington-based team is a part of a league with teams in only Washington, Oregon, and Idaho, the player and the employer can agree to any of those three states to provide coverage. However, they cannot agree to be under California coverage since California doesn't qualify as a state in which the player competes in regularly scheduled games.
(a) Upon request, the department will provide forms to the owners of professional and semiprofessional sports teams for entering into agreements for both the sport player and the sport team. These agreements are referred to as "coverage agreements." Unless coverage is refused in the alternative state, the coverage agreement will determine the worker's home state for workers' compensation coverage.
(b) When a sport team and a player agree to workers' compensation coverage in another state, the following rules apply:
Sport player coverage agreement:
(i) A sport player coverage agreement must be signed by the team (employer) and each individual player (worker) covered out-of-state. Workers' compensation premiums for any work performed by the player before the agreement was signed must be paid to the department. To be valid, an agreement must be:
• Signed by both parties, dated, and show the name of the state where coverage is provided.
• Agree that the player's employment is principally located in that state.
• Kept as part of the employer's records for at least three years after the player is released from the team.
(ii) The employer must provide the department a copy of a sport player coverage agreement when requested. Employers who do not provide the department copies of a sport player coverage agreement when requested are considered not to have secured payment of compensation as required and all premiums and penalties allowed for in Title 51 RCW will apply.
(iii) If the employers' out-of-state workers' compensation insurer rejects an injury claim because the player is a Washington worker, the employer is considered not to have secured payment of compensation as required and all premium and penalties allowed for in Title 51 RCW apply.
Sport team coverage agreement:
(c) A sport team coverage agreement must be signed by the employer (team) and the qualifying out-of-state workers' compensation insurer. Workers' compensation premiums for work performed before the agreement was signed must be paid to the department. To be valid, an agreement must:
• Be signed by both parties, dated, and show the name of the state where coverage is provided.
• Specify that the team's players are principally localized in that state.
• Specify the insurer agreeing to provide coverage for a team based in Washington.
(d) The sport team coverage agreement must be signed annually. Copies of the agreement along with a current copy of the team's out-of-state insurance policy must be submitted to the department of labor and industries every year the out-of-state coverage is provided.
Premium payments are required for any work performed by Washington players prior to the date the department receives copies of any year's current sports teams' coverage agreement and proof of out-of-state coverage.
(2) Excluded employments. Any employer having any person in their employ excluded from industrial insurance whose application for coverage under the elective adoption provisions of RCW 51.12.110 or authority of RCW 51.12.095 or 51.32.030 has been accepted by the director shall report and pay premium on the actual hours worked for each such person who is paid on an hourly, salaried, part time, percentage of profit or piece basis; or one hundred sixty hours per month for any such person paid on a salary basis employed full time. In the event records disclosing actual hours worked are not maintained by the employer for any person paid on an hourly, salaried, part time, percentage of profits or piece basis, the worker hours of such person shall be determined by dividing the gross wages of such person by the state minimum wage for the purpose of premium calculation. However, when applying the state minimum wage the maximum number of hours assessed for a month will be one hundred sixty.
(3) Special trucking industry rules. The following subsection shall apply to all trucking industry employers as applicable.
(a) Insurance liability. Every trucking industry employer operating as an intrastate carrier or a combined intrastate and interstate carrier must insure their workers' compensation insurance liability through the Washington state fund or be self-insured with the state of Washington.
Washington employers operating exclusively in interstate or foreign commerce or any combination of interstate and foreign commerce must insure their workers' compensation insurance liability for their Washington employees with the Washington state fund, be self-insured with the state of Washington, or provide workers' compensation insurance for their Washington employees under the laws of another state when such other state law provides for such coverage.
Interstate or foreign commerce trucking employers who insure their workers' compensation insurance liability under the laws of another state must provide the department with copies of their current policy and applicable endorsements upon request.
Employers who elect to insure their workers' compensation insurance liability under the laws of another state and who fail to provide updated policy information when requested to do so will be declared an unregistered employer and subject to all the penalties contained in Title 51 RCW.
(b) Reporting. Trucking industry employers insuring their workers' compensation insurance liability with the Washington state fund shall keep and preserve all original time records/books including supporting information from drivers' logs for a period of three calendar years plus three months.
Employers are to report actual hours worked, including time spent loading and unloading trucks, for each driver in their employ. For purposes of this section, actual hours worked does not include time spent during lunch or rest periods or overnight lodging.
Failure of employers to keep accurate records of actual hours worked by their employees will result in the department estimating work hours by dividing gross payroll wages by the state minimum wage for each worker for whom records were not kept. However, in no case will the estimated or actual hours to be reported exceed five hundred twenty hours per calendar quarter for each worker.
(c) Exclusions. Trucking industry employers meeting all of the following conditions are exempted from mandatory coverage.
(i) Must be engaged exclusively in interstate or foreign commerce.
(ii) Must have elected to cover their Washington workers on a voluntary basis under the Washington state fund and must have elected such coverage in writing on forms provided by the department.
(iii) After having elected coverage, withdrew such coverage in writing to the department on or before January 2, 1987.
If all the conditions set forth in (i), (ii), and (iii) of this subsection have not been met, employers must insure their workers' compensation insurance liability with the Washington state fund or under the laws of another state.
(d) Definitions. For purposes of interpretation of RCW 51.12.095(1) and administration of this section, the following terms shall have the meanings given below:
(i) "Agents" means individuals hired to perform services for the interstate or foreign commerce carrier that are intended to be carried out by the individual and not contracted out to others but does not include owner operators as defined in RCW 51.12.095(1).
(ii) "Contacts" means locations at which freight, merchandise, or goods are picked up or dropped off within the boundaries of this state.
(iii) "Doing business" means having any terminals, agents or contacts within the boundaries of this state.
(iv) "Employees" means the same as the term "worker" as contained in RCW 51.08.180.
(v) "Terminals" means a physical location wherein the business activities (operations) of the trucking company are conducted on a routine basis. Terminals will generally include loading or shipping docks, warehouse space, dispatch offices and may also include administrative offices.
(vi) "Washington" shall be used to limit the scope of the term "employees." When used with the term "employees" it will require the following test for benefit purposes (all conditions must be met).
• The individual must be hired in Washington or must have been transferred to Washington; and
• The individual must perform some work in Washington (i.e., driving, loading, or unloading trucks).
(4) Forest, range, or timber land servicesIndustry rule. Washington law (RCW 51.48.030) requires every employer to make, keep, and preserve records which are adequate to facilitate the determination of premiums due to the state for workers' compensation insurance coverage for their covered workers. In the administration of Title 51 RCW, and as it pertains to the forest, range, or timber land services industry, the department of labor and industries has deemed the records and information required in the various subsections of this section to be essential in the determination of premiums due to the state fund. The records so specified and required, shall be provided at the time of audit to any representative of the department who has requested them.
Failure to produce these required records within thirty days of the request, or within an agreed upon time period, shall constitute noncompliance of this rule and RCW 51.48.030 and 51.48.040. Employers whose premium computations are made by the department in accordance with (d) of this subsection are barred from questioning, in an appeal before the board of industrial insurance appeals or the courts, the correctness of any assessment by the department on any period for which such records have not been kept, preserved, or produced for inspection as provided by law.
(a) General definitions. For purpose of interpretation of this section, the following terms shall have the meanings given below:
(i) "Actual hours worked" means each workers' composite work period beginning with the starting time of day that the employees' work day commenced, and includes the entire work period, excluding any nonpaid lunch period, and ending with the quitting time each day work was performed by the employee.
(ii) "Work day" shall mean any consecutive twenty-four-hour period.
(b) Employment records. Every employer shall with respect to each worker, make, keep, and preserve original records containing all of the following information for three full calendar years following the calendar year in which the employment occurred:
(i) The name of each worker;
(ii) The Social Security number of each worker;
(iii) The beginning date of employment for each worker and, if applicable, the separation date of employment for each such worker;
(iv) The basis upon which wages are paid to each worker;
(v) The number of units earned or produced for each worker paid on a piece-work basis;
(vi) The risk classification(s) applicable to each worker;
(vii) The number of actual hours worked by each worker, unless another basis of computing hours worked is prescribed in WAC 296-17-31021. For purposes of chapter 296-17 WAC, this record must clearly show, by work day, the time of day the employee commenced work, and the time of day work ended;
(viii) A summary time record for each worker showing the calendar day or days of the week work was performed and the actual number of hours worked each work day;
(ix) In the event a single worker's time is divided between two or more risk classifications, the summary contained in (b)(viii) of this subsection shall be further broken down to show the actual hours worked in each risk classification for the worker;
(x) The workers' total gross pay period earnings;
(xi) The specific sums withheld from the earnings of each worker, and the purpose of each sum withheld;
(xii) The net pay earned by each such worker.
(c) Business, financial records, and record retention. Every employer is required to keep and preserve all original time records completed by their employees for a three-year period. The three-year period is specified in WAC 296-17-352 as the composite period from the date any such premium became due.
Employers who pay their workers by check are required to keep and preserve a record of all check registers and canceled checks; and employers who pay their workers by cash are required to keep and preserve records of these cash transactions which provide a detailed record of wages paid to each worker.
(d) Recordkeeping - Estimated premium computation. Any employer required by this section to make, keep, and preserve records containing the information as specified in (b) and (c) of this subsection, who fails to make, keep, and preserve such records, shall have premiums calculated as follows:
(i) Estimated worker hours shall be computed by dividing the gross wages of each worker for whom records were not maintained and preserved, by the state's minimum wage, in effect at the time the wages were paid or would have been paid. However, the maximum number of hours to be assessed under this provision will not exceed five hundred twenty hours for each worker, per quarter for the first audited period. Estimated worker hours computed on all subsequent audits of the same employer that disclose a continued failure to make, keep, or preserve the required payroll and employment records shall be subject to a maximum of seven hundred eighty hours for each worker, per quarter.
(ii) In the event an employer also has failed to make, keep, and preserve the records containing payroll information and wages paid to each worker, estimated average wages for each worker for whom a payroll and wage record was not maintained will be determined as follows: The employer's total gross income for the audit period (earned, received, or anticipated) shall be reduced by thirty-five percent to arrive at "total estimated wages." Total estimated wages will then be divided by the number of employees for whom a record of actual hours worked was not made, kept, or preserved to arrive at an "estimated average wage" per worker. Estimated hours for each worker will then be computed by dividing the estimated average wage by the state's minimum wage in effect at the time the wages were paid or would have been paid as described in (d)(i) of this subsection.
(e) Reporting requirements and premium payments.
(i) Every employer who is awarded a forest, range, or timber land services contract must report the contract to the department promptly when it is awarded, and prior to any work being commenced, except as provided in (e)(iii) of this subsection. Employers reporting under the provisions of (e)(iii) of this subsection shall submit the informational report with their quarterly report of premium. The report shall include the following information:
(A) The employers' unified business identification account number (UBI).
(B) Identification of the landowner, firm, or primary contractor who awarded the contract, including the name, address, and phone number of a contact person.
(C) The total contract award.
(D) Description of the forest, range, or timber land services work to be performed under terms of the contract.
(E) Physical location/site where the work will be performed including legal description.
(F) Number of acres covered by the contract.
(G) Dates during which the work will be performed.
(H) Estimated payroll and hours to be worked by employees in performance of the contract.
(ii) Upon completion of every contract issued by a landowner or firm that exceeds a total of ten thousand dollars, the contractor primarily responsible for the overall project shall, in addition to the required informational report described in (e)(i) of this subsection, report the payroll and hours worked under the contract, and submit payment for required industrial insurance premiums. In the event that the contracted work is not completed within a calendar quarter, interim quarterly reports and premium payments are required for each contract for all work done during the calendar quarter. The first such report and payment is due at the end of the first calendar quarter in which the contract work is begun. Additional interim reports and payments will be submitted each quarter thereafter until the contract is completed. This will be consistent with the quarterly reporting cycle used by other employers. Premiums for a calendar quarter, whether reported or not, shall become due and delinquent on the day immediately following the last day of the month following the calendar quarter.
(iii) A contractor may group contracts issued by a landowner, firm, or other contractor that total less than ten thousand dollars together and submit a combined quarterly report of hours, payroll, and the required premium payment in the same manner and periods as nonforestation, range, or timber land services employers.
(f) Out-of-state employers. Forest, range, or timber land services contractors domiciled outside of Washington state must report on a contract basis regardless of contract size for all forest, range, or timber land services work done in Washington state. Out-of-state employers will not be permitted to have an active Washington state industrial insurance account for reporting forest, range, or timber land services work in the absence of an active Washington forest, range, or timber land services contract.
(g) Work done by subcontract. Any firm primarily responsible for work to be performed under the terms of a forest, range, or timber land services contract, that subcontracts out any work under a forest, range, or timber land services contract must send written notification to the department prior to any work being done by the subcontractor. This notification must include the name, address, Social Security number, farm labor contractor number, (UBI) of each subcontractor, and the amount and description of contract work to be done by subcontract.
(h) Forest, range, or timber land services contract release - Verification of hours, payroll, and premium. The department may verify reporting of contractors by way of an on-site visit to an employer's work site. This on-site visit may include close monitoring of employees and employee work hours. Upon receipt of a premium report for a finished contract, the department may conduct an audit of the firm's payroll, employment, and financial records to validate reporting. The entity that awarded the contract can verify the status of the contractors' accounts online at the department's website (www.lni.wa.gov) or by calling the account manager. The landowner, firm, or contractor will not be released from premium liability until the final report for the contract from the primary contractor and any subcontractors has been received and verified by the department.
(i) Premium liability - Work done by contract. Washington law (RCW 51.12.070) places the responsibility for industrial insurance premium payments primarily and directly upon the person, firm, or corporation who lets a contract for all covered employment involved in the fulfillment of the contract terms. Any such person, firm, or corporation letting a contract is authorized to collect from the contractor the full amount payable in premiums. The contractor is in turn authorized to collect premiums from any subcontractor they may employ his or her proportionate amount of the premium payment.
To eliminate premium liability for work done by contract permitted by Title 51 RCW, any person, firm, or corporation who lets a contract for forest, range, or timber land services work must submit a copy of the contract they have let to the department and verify that all premiums due under the contract have been paid.
Each contract submitted to the department must include within its body, or on a separate addendum, all of the following items:
(i) The name of the contractor who has been engaged to perform the work;
(ii) The contractor's UBI number;
(iii) The contractor's farm labor contractor number;
(iv) The total contract award;
(v) The date the work is to be commenced; a description of the work to be performed including any pertinent acreage information;
(vi) Location where the work is to be performed;
(vii) A contact name and phone number of the person, firm, or corporation who let the contract;
(viii) The total estimated wages to be paid by the contractor and any subcontractors;
(ix) The amount to be subcontracted out if such subcontracting is permitted under the terms of the contract;
(x) The total estimated number of worker hours anticipated by the contractor and his/her subcontractors in the fulfillment of the contract terms;
(j) Reports to be mailed to the department. All contracts, reports, and information required by this section are to be sent to:
The Department of Labor and Industries
Reforestation Team 8
P.O. Box 44168
Olympia, Washington 98504-4168
(k) Rule applicability. If any portion of this section is declared invalid, only that portion is repealed. The balance of the section shall remain in effect.
(5) Logging and/or tree thinningMechanized operationsIndustry rule. The following subsection shall apply to all employers assigned to report worker hours in risk classification 5005, WAC 296-17A-5005.
(a) Every employer having operations subject to risk classification 5005 "logging and/or tree thinning - Mechanized operations" shall have their operations surveyed by labor and industries insurance services staff prior to the assignment of risk classification 5005 to their account. Annual surveys may be required after the initial survey to retain the risk classification assignment.
(b) Every employer assigned to report exposure (work hours) in risk classification 5005 shall supply an addendum report with their quarterly premium report which lists the name of each employee reported under this classification during the quarter, the Social Security number of such worker, the piece or pieces of equipment the employee operated during the quarter, the number of hours worked by the employee during the quarter, and the wages earned by the employee during the quarter.
(6) Special drywall industry rule.
(a) What is the unit of exposure for drywall reporting? Your premiums for workers installing and finishing drywall (reportable in risk classifications 0540, 0541, 0550, and 0551) are based on the amount of material installed and finished, not the number of hours worked.
The amount of material installed equals the amount of material purchased or taken from inventory for a job. No deduction can be made for material scrapped (debris). A deduction is allowed for material returned to the supplier or inventory.
The amount of material finished for a job equals the amount of material installed. No deduction can be made for a portion of the job that is not finished (base layer of double-board application or unfinished rooms).
Example: Drywall installation firm purchases 96 4' x 8' sheets of material for a job which includes some double-wall installation. The firm hangs all or parts of 92 sheets, and returns 4 sheets to the supplier for credit. Drywall finishing firm tapes, primes and textures the same job. Both firms should report 2,944 square feet (4 x 8 x 92) for the job.
(b) I do some of the work myself. Can I deduct material I as an owner install or finish? Yes. Owners (sole proprietors, partners, and corporate officers) who have not elected coverage may deduct material they install or finish.
When you as an owner install (including scrap) or finish (including tape and prime or texture) only part of a job, you may deduct an amount of material proportional to the time you worked on the job, considering the total time you and your workers spent on the job.
To deduct material installed or finished by owners, you must report to the department by job, project, site or location the amount of material you are deducting for this reason. You must file this report at the same time you file your quarterly report:
Total owner hours ÷ (owner hours + worker hours) = % of owner discount.
% of owner discount x (total footage of job − subcontracted footage, if any) = Total owner deduction of footage.
(c) Can I deduct material installed or finished by subcontractors? You may deduct material installed or taped by subcontractors you are not required to report as your workers. You may not deduct for material only scrapped or primed and textured by subcontractors.
To deduct material installed or taped by subcontractors, you must report to the department by job, project, site or location the amount of material being deducted. You must file this report at the same time you file your quarterly report. You must have and maintain business records that support the number of square feet worked by the subcontractor.
(d) I understand there are discounted rates available for the drywall industry. How do I qualify for them? To qualify for discounted drywall installation and finishing rates, you must:
(i) Have an owner attend two workshops the department offers (one workshop covers claims and risk management, the other covers premium reporting and recordkeeping);
(ii) Provide the department with a voluntary release authorizing the department to contact material suppliers directly about the firm's purchases;
(iii) Have and keep all your industrial insurance accounts in good standing (including the accounts of other businesses in which you have an ownership interest), which includes fully and accurately reporting and paying premiums as they come due, including reporting material deducted as owner or subcontractor work;
(iv) Provide the department with a supplemental report (filed with the firm's quarterly report) showing by employee the employee's name, Social Security number, the wages paid them during the quarter, how they are paid (piece rate, hourly, etc.), their rate of pay, and what work they performed (installation, scrapping, taping, priming/texturing); and
(v) Maintain accurate records about work you subcontracted to others and materials provided to subcontractors (as required by WAC 296-17-31013), and about payroll and employment (as required by WAC 296-17-35201).
The discounted rates will be in effect beginning with the first quarter your business meets all the requirements for the discounted rates.
Note:
If you are being audited by the department while your application for the discounted classifications is pending, the department will not make a final decision regarding your rates until the audit is completed.
(e) Can I be disqualified from using the discounted rates? Yes. You can be disqualified from using the discounted rates for three years if you:
(i) Do not file all reports, including supplemental reports, when due;
(ii) Do not pay premiums on time;
(iii) Underreport the amount of premium due; or
(iv) Fail to maintain the requirements for qualifying for the discounted rates.
Disqualification takes effect when a criterion for disqualification exists.
Example: A field audit in 2002 reveals that the drywall installation firm underreported the amount of premium due in the second quarter of 2001. The firm will be disqualified from the discounted rates beginning with the second quarter of 2001, and the premiums it owed for that quarter and subsequent quarters for three years will be calculated using the nondiscounted rates.
If the drywall underwriter learns that your business has failed to meet the conditions as required in this rule, your business will need to comply to retain using the discounted classifications. If your business does not comply promptly, the drywall underwriter may refer your business for an audit.
If, as a result of an audit, the department determines your business has not complied with the conditions in this rule, your business will be disqualified from using the discounted classifications for three years (thirty-six months) from the period of last noncompliance.
(f) If I discover I have made an error in reporting or paying premium, what should I do? If you discover you have made a mistake in reporting or paying premium, you should contact the department and correct the mistake. Firms not being audited by the department that find errors in their reporting and paying premiums, and that voluntarily report their errors and pay any required premiums, penalties and interest promptly, will not be disqualified from using the discounted rates unless the department determines they acted in bad faith.
(7) Safe patient handling rule. The following subsection will apply to all hospital industry employers as applicable.
(a) Definitions. For the purpose of interpretation of this section, the following terms shall have the meanings given below:
(i) "Hospital" means an "acute care hospital" as defined in (a)(ii) of this subsection, a "mental health hospital" as defined in (a)(iii) of this subsection, or a "hospital, N.O.C. (not otherwise classified)" as defined in (a)(iv) of this subsection.
(ii) "Acute care hospital" means any institution, place, building, or agency providing accommodations, facilities, and services over a continuous period of twenty-four hours or more for observation, diagnosis, or care of two or more individuals not related to the operator who are suffering from illness, injury, deformity, or abnormality, or from any other condition for which obstetrical, medical, or surgical services would be appropriate for care or diagnosis. "Hospital" as used in this rule does not include:
• Hotels, or similar places furnishing only food and lodging, or simply domiciliary care;
• Clinics, or physicians' offices where patients are not regularly kept as bed patients for twenty-four hours or more;
• Nursing homes, as defined and which come within the scope of chapter 18.51 RCW;
• Birthing centers, which come within the scope of chapter 18.46 RCW;
• Psychiatric or alcoholism hospitals, which come within the scope of chapter 71.12 RCW;
• Any other hospital or institution specifically intended for use in the diagnosis and care of those suffering from mental illness, mental retardation, convulsive disorders, or other abnormal mental conditions.
Furthermore, nothing in this chapter will be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any hospital conducted for those who rely primarily upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denominations.
(iii) "Mental health hospital" means any hospital operated and maintained by the state of Washington for the care of the mentally ill.
(iv) "Hospitals, N.O.C." means health care facilities that do not qualify as acute care or mental health hospitals and may be privately owned facilities established for purposes such as, but not limited to, treating psychiatric disorders and chemical dependencies or providing physical rehabilitation.
(v) "Safe patient handling" means the use of engineering controls, lifting and transfer aids, or assistance devices, by lift teams or other staff, instead of manual lifting to perform the acts of lifting, transferring and repositioning health care patients.
(vi) "Lift team" means hospital employees specially trained to conduct patient lifts, transfers, and repositioning using lifting equipment when appropriate.
(vii) "Department" means the department of labor and industries.
(b) Hospitals will report worker hours in the risk classification that describes the nature of their operations and either their level of implementation of, or need for, the safe patient handling program.
(c) A fully implemented safe patient handling program must include:
(i) Acquisition of at least the minimum number of lifts and/or appropriate equipment for use by lift teams as specified in chapters 70.41 and 72.23 RCW.
(ii) An established safe patient handling committee with at least one-half of its membership being front line, nonmanagerial direct care staff to design and recommend the process for implementing a safe patient handling program.
(iii) Implementation of a safe patient handling policy for all shifts and units.
(iv) Conducting patient handling hazard assessments to include such variables as patient-handling tasks, types of nursing units, patient populations, and the physical environment of patient care areas.
(v) Developing a process to identify appropriate use of safe patient handling policy based on a patient's condition and availability of lifting equipment or lift teams.
(vi) Conducting an annual performance evaluation of the program to determine its effectiveness with results reported to the safe patient handling committee.
(vii) Consideration, when appropriate, to incorporate patient handling equipment or the physical space and construction design needed to incorporate that equipment at a later date during new construction or remodeling.
(viii) Development of procedures that allow employees to choose not to perform or participate in patient handling activities that the employee believes will pose a risk to him/herself or to the patient.
(d) Department staff will conduct an on-site survey of each acute care and mental health hospital before assigning a risk classification. Subsequent surveys may be conducted to confirm whether the assigned risk classification is still appropriate.
(e) To remain in classification 6120-00 or 7200-00, a hospital must submit a copy of the annual performance evaluation of their safe patient handling program, as required by chapters 70.41 and 72.23 RCW, to the Employer Services Program, Department of Labor and Industries, P.O. Box 44140, Olympia, Washington, 98504.
(8) Rules concerning work by Washington employers outside the state of Washington (extraterritorial coverage).
(a) General definitions. For purposes of this section, the following terms mean:
(i) "Actual hours worked" means the total hours of each Washington worker's composite work period during which work was performed by the worker beginning with the time the worker's work day commenced, and ending with the quitting time each day excluding any nonpaid lunch period.
(ii) "Work day" means any consecutive twenty-four-hour period.
(iii) "Temporary and incidental" means work performed by Washington employers on jobs or at job sites in another state for thirty or fewer consecutive or nonconsecutive full or partial work days within a calendar year. Temporary and incidental work days are calculated on a per state basis. The thirty-day temporary and incidental period begins on January 1 of each year.
(iv) "Proof of out-of-state coverage" means a copy of a valid certificate of liability insurance for workers' compensation issued by:
(A) An insurer licensed to write workers' compensation insurance coverage in that state; or
(B) A state workers' compensation fund in the state in which the employer will be working.
Note:
Most certificates are written for a one-year period. The employer must provide the department with a current certificate of liability insurance for workers' compensation covering all periods the employer works in another state. If the policy is canceled, the employer must provide the department with a current in-force policy.
(v) "Worker" means every person in this state who is engaged in the employment of an employer under Title 51 RCW whether by way of manual labor or otherwise in the course of his or her employment; also every person in this state who is engaged in the employment of or who is working under an independent contract, the essence of which is his or her personal labor for an employer whether by way of manual labor or otherwise.
(vi) "Employer" means any person, body of persons, corporate or otherwise, and the legal representatives of a deceased employer, all while engaged in this state in any work covered by the provisions of Title 51 RCW, by way of trade or business, or who contracts with one or more workers, the essence of which is the personal labor of such worker or workers.
(b) Does a Washington employer have to pay premiums in both states while Washington workers are temporarily working in another state? A Washington employer must continue to pay Washington premiums for Washington workers performing temporary and incidental work in another state. If the Washington employer has Washington workers who work for more than thirty days in another state, that employer will not need to pay premiums in Washington for work in the other state during the calendar year, as long as that employer fulfills the following requirements:
(i) Provides the department with proof of out-of-state coverage for the Washington workers working out-of-state.
(ii) Keeps the policy continuously in force from the date the Washington employer's work exceeds the temporary and incidental period until the date the Washington employer no longer has Washington workers working in the other state. Failure to maintain a policy at the required level of workers' compensation coverage for the number of Washington workers working out-of-state may subject the Washington employer to payment of all premiums, penalties, and interest dues in the state of Washington.
(iii) For the first quarterly reporting period and all subsequent quarters during the same calendar year following the date the Washington employer's work exceeds the temporary and incidental period in the other state, the Washington employer must file a supplemental report of out-of-state work with their workers' compensation employer's quarterly report with the department. This supplemental report is available at((: http://www.LNI.wa.gov/ClaimsIns/Insurance/File/ExtraTerritorial/Default.asp))www.lni.wa.gov/OutofState.
(iv) Subitems (b)(i), (ii), and (iii) of this subsection must be met in each state in which the Washington employer has Washington workers working in excess of the temporary and incidental period.
Note:
Workers' compensation coverage requirements vary widely among states. Washington employers should contact the regulatory agency in other states to determine the appropriate premium and coverage obligations in those states.
(c) What if a Washington employer knows the Washington workers' work in another state will exceed the temporary and incidental period? If the Washington employer knows their Washington workers will be working in another state in excess of the temporary and incidental period, the employer must immediately provide the department with proof of out-of-state coverage in order to avoid Washington premium liability for hours worked during the temporary and incidental period.
Reminder: The temporary and incidental period applies separately to each state in which the Washington employer worked.
(d) What if a Washington employer anticipates its out-of-state work will exceed the temporary and incidental period, but that does not occur? If a Washington employer did not pay workers' compensation premium to Washington during the temporary and incidental period, and at the end of the calendar year Washington workers of the Washington employer had worked fewer than thirty consecutive or nonconsecutive days in another state, by the filing of the fourth quarter report, the Washington employer must file amended reports for the calendar year. The employer may be required to pay Washington premiums, penalties, and interest. The fourth quarter report is due by January 31 of the following year.
(e) What records must the employer keep while employing Washington workers in another state? In addition to filing the supplemental report of out-of-state work, the Washington employer is required to keep the same records that are kept for Washington workers working in Washington. The records are listed in WAC 296-17-35201 and must be provided at the time of audit to any authorized representative of the department who has requested them.
(f) What reports does a Washington employer file to avoid paying Washington workers' compensation premiums when employing Washington workers in another state for work that exceeds temporary and incidental? A Washington employer must submit the workers' compensation employer's quarterly report and a supplemental report of out-of-state work to the department for each state in which that employer has Washington workers performing work. The supplemental report must include the following information:
(i) The Washington employer's unified business identification number (UBI).
(ii) The Washington employer's department account identification number.
(iii) The Social Security numbers for those Washington worker(s) performing work out-of-state.
(iv) The last name, first name, and middle initial of those Washington worker(s) performing work out-of-state.
(v) The gross payroll paid during the quarter for those Washington worker(s) performing work out-of-state.
(vi) The Washington workers' compensation risk classification(s) that would have applied for each Washington worker performing work out-of-state.
(vii) The total number of hours that each Washington worker performed work out-of-state during the quarter.
(viii) In addition to completing the supplemental report of out-of-state work, the Washington employer must keep a record of all contracts awarded and worked under each state. Copies of pertinent records must be made available to auditors in the event of an audit.
(g) Where do Washington workers file their workers' compensation claims if injured in the course of employment outside of Washington state? Washington workers may file their claim in the state where they were injured or in Washington state.
Washington employers must inform their Washington workers of their right to file for workers' compensation benefits in Washington or the state of injury.
The cost of these claims, if accepted by the department and assigned to the Washington employer's account, will be used in the calculations that determine the employer's experience factor and the appropriate risk classification base rate.
(h) If the Washington employer's work in another state exceeds the temporary and incidental period, may the Washington employer obtain a credit or refund for the temporary and incidental period that workers' compensation premiums were paid to Washington? Yes, but only if the Washington employer:
(i) Obtained workers' compensation insurance for all hours worked in the other state during the calendar year;
(ii) Provides proof of out-of-state coverage;
(iii) Filed the appropriate quarterly reports with the department when due; and
(iv) Otherwise complied with all statutory and regulatory requirements of Washington state.
(9) Horse racing industry rules. These rules apply to persons licensed by the Washington horse racing commission (WHRC) and governed by WAC 260-36-250.
(a) Who is responsible for paying industrial insurance premiums?
(i) The trainer will be responsible to pay the industrial insurance premiums owed. Premiums will be paid to the WHRC monthly, at the end of the coverage month or before the trainer leaves the track taking his/her horses when leaving before the end of the coverage month. WHRC will submit premiums to the department of labor and industries on a quarterly basis. The employee must be properly licensed by the WHRC for the duties being performed. This includes all exercise riders and pony riders who need steward approval of their license application, whether at the track or at the farm.
(ii) Licensed trainers shall be assessed:
(A) One unit of premiums in classification 6625 for each licensed groom or assistant trainer employed at any one time;
(B) One unit of premiums in classification 6626 for licensed exercise riders and pony riders charged per stall for each day the trainer has a horse housed in a stall at a licensed track during a licensed meet; and
(C) One unit of premiums in classification 6627 for licensed exercise riders and pony riders for each calendar day a licensed exercise rider or pony rider works under contract for the trainer at a location other than at a licensed track during a licensed meet.
(b) What does the trainer do when an employee leaves the job? Trainers must notify the WHRC within forty-eight hours when any employee leaves their employ. If a trainer fails to notify the WHRC timely, the trainer will be responsible for the full premium payment until notification is made.
(c) When are track employees covered under horse racing classifications?
(i) Track employees are only covered on the grounds of a Washington race track during its licensed race meet and periods of training. The licensed race meet and periods of training apply to that period of time when the WHRC has authority on the grounds, including the period before the live race meet begins, when horses are exercised in preparation for competition, and through the end of the licensed race meet.
(ii) Covered track employees who are licensed exercise riders or pony riders may work off the grounds of a Washington race track, but only after obtaining a farm employee license. The trainer must notify the WHRC when the employee will be working off the grounds, so that the additional per-day farm employee premium can be calculated and assessed to the trainer for each day the track employee works off the grounds.
(iii) Employees working on the grounds of a Washington race track prior to or after this period must be covered as farm employees (classification 6627) to be able to make a claim against the horse racing industry account, or the trainer can cover such employees under another account (classification 7302).
(d) Who can be covered under the farm employee classification (6627)?
(i) Licensed exercise riders and pony riders working at the farm must be assigned to a trainer and not the farm. Such employees cannot be assigned to the owner of the farm or training center unless the owner is licensed as a trainer.
(ii) Covered farm employees who are licensed exercise riders or pony riders may come to the Washington race track to assist the trainer during the live race meet and periods of training. As long as a farm employee is covered at the farm, and the trainer notifies the WHRC when the employee will be working at the track, the farm employee may work at the track without additional premium being owed.
(e) Are employees covered while working in another state?
(i) Trainers with employees from Washington may continue coverage when they are at another recognized race track in another state if the other jurisdiction has a reciprocal agreement with the state of Washington. The trainer must pay the premiums for grooms and assistant trainers in classification 6625, and for exercise riders and pony riders at the farm in the farm classification, 6627. For a list of states with reciprocal agreements with the state of Washington, see WAC 296-17-31009.
(ii) Trainers will need to continue to report Washington employees to the WHRC prior to the start of each month so an assessment can be made.
(iii) Failure to report, or to report correctly, may result in the trainer being referred to the stewards or the executive secretary of the WHRC for action.
(iv) Track employees hired in another state or jurisdiction are not Washington employees. They are to be covered in the state or jurisdiction they were hired in. It is the trainer's responsibility to obtain coverage in the other state or jurisdiction.
(f) Must horse owners pay industrial insurance premiums in Washington? Licensed owners shall be assessed one hundred fifty dollars per year for one hundred percent ownership of one or more horses. Partial owners shall be assessed prorated amounts of the one hundred fifty dollar fee. In no event shall a licensed owner be required to pay more than one hundred fifty dollars. This fee helps fund workers' compensation coverage for injured workers. It does not extend any coverage to owners.
AMENDATORY SECTION(Amending WSR 98-18-042, filed 8/28/98, effective 10/1/98)
WAC 296-17-35204Penalty assessments for employers who fail to register under Title 51 RCW.
(1) Any employer who has failed to secure payment of compensation for their workers covered under this title will be liable, subject to RCW 51.48.010, to a maximum penalty in a sum of ((five hundred))one thousand dollars or in a sum double the amount of premiums due for the four quarters prior to securing payment of compensation under this title, whichever is greater, for the benefit of the medical aid fund. Beginning July 1, 2023, this penalty will be adjusted for inflation every three years based on the consumer price index (Seattle, Washington area for urban wage earners and clerical workers, all items compiled by the Bureau of Labor Statistics of the United States Department of Labor).
(2) If an injury or occupational disease is sustained by a worker of an employer who has failed to secure payment of compensation under this title, that employer may also be liable for the cost of such an injury or occupational disease at the time the claim for benefits is accepted by the department.
For the purposes of this section only the cost of such claim will be determined as follows:
The case reserve value shall be determined by the nature of the injury or occupational disease, the part of the body affected and other factors which will impact the cost((,)) including, but not limited to, age, education and work experience. The case reserve value will include actual costs paid to date and estimated future claim costs. No further adjustments or evaluations of the cost of the claim will be made for the purposes of this subsection after assessment for the cost of an injury or occupational disease is made by the department.
AMENDATORY SECTION(Amending WSR 14-24-049, filed 11/25/14, effective 1/1/15)
WAC 296-17A-0101Classification 0101.
((0101-00 Land clearing: Highway, street and road construction, N.O.C.
Applies to contractors engaged in clearing right of ways for subsurface construction on a new or existing highway, street, or roadway project that is not covered by another classification (N.O.C.). The subsurface is the roadbed foundation consisting of dirt, sand, gravel and/or ballast which has been leveled and compressed. Unless the finished project is a compressed gravel road, the subsurface or sub base is constructed prior to any asphalt or concrete paving activities. Work contemplated by this classification involves the excavation of rocks and boulders, removal of tree stumps, clearing or scraping land of vegetation, grubbing, earth excavation, cut and fill work, and bringing the roadbed to grade. Equipment used by contractors subject to this classification includes a variety of earth moving equipment such as, but not limited to, shovels, scrapers, bulldozers, graders, rollers, and dump trucks.
This classification excludes asphalt surfacing or resurfacing on roadways which is to be reported separately in classification 0210; construction specialty services such as the installation of guardrails, lighting standards and striping which is to be reported separately in classification 0219; bridge or tunnel construction including the abutments and approaches which is to be reported separately in classification 0201; felling of trees which is to be reported separately in the applicable logging classification; and logging road construction which is to be reported separately in classification 6902.
0101-01 Land clearing: Airport landing strips, runways and taxi ways; alleys and parking lots
Applies to contractors primarily engaged in clearing right of ways for subsurface construction on a new or existing airport landing strip, runway, and taxi way. This classification also includes clearing of right of ways for alley and parking lot projects. The subsurface is the foundation consisting of dirt, sand, gravel and/or ballast which has been leveled and compressed. Unless the finished project is compressed gravel, the subsurface or sub base is constructed prior to any asphalt or concrete paving activities. Work contemplated by this classification involves the excavation of rocks and boulders, removal of tree stumps, clearing or scraping land of vegetation, grubbing, earth excavation, cut and fill work, and bringing the roadbed or project site to grade. Equipment used by contractors subject to this classification includes a variety of earth moving equipment such as, but not limited to, shovels, scrapers, bulldozers, graders, rollers, and dump trucks.
This classification excludes asphalt surfacing or resurfacing on roadways which is to be reported separately in classification 0210; construction specialty services such as the installation of guardrails, lighting standards and striping which is to be reported separately in classification 0219; and felling of trees which is to be reported separately in the applicable logging classification.
0101-02 Excavation work, N.O.C.
Applies to contractors engaged in general excavation work for others that is not covered by another classification (N.O.C.). Work contemplated by this classification involves excavating or digging of earth to form the foundation hole such as for a wood-frame or nonwood-frame building and side sewer hookups (street to house) when performed as part of the excavation contract. Activities include, but are not limited to, excavation of rocks and boulders, removal of tree stumps, clearing or scraping land of vegetation, grubbing, piling or pushing of earth, earth excavation, cut and fill work, backfilling, etc. Equipment used by contractors subject to this classification includes a variety of earth moving equipment such as, but not limited to, shovels, scrapers, bulldozers, graders and dump trucks.
This classification excludes asphalt surfacing or resurfacing on roadways which is to be reported separately in classification 0210 and felling of trees which is to be reported separately in the applicable logging classification.
0101-03 Grading work, N.O.C.
Applies to contractors engaged in various forms of grading work for others that are not covered by another classification (N.O.C.). Typical equipment used is a grader, but other equipment such as a bulldozer and a front end loader may also be used. Work contemplated by this classification includes, but is not limited to, leveling and grading lands, spreading dirt, sand, gravel and/or ballast to desired contour on farm lands or other tracts of land.
0101-04 Land clearing, N.O.C.
Applies to contractors engaged in general land clearing work that is not covered by another classification (N.O.C.). This classification includes, but is not limited to, excavation of rocks and boulders, removal of tree stumps, clearing or scraping land of vegetation, grubbing, piling or pushing of earth to rearrange the terrain, earth excavation, cut and fill work, backfilling, and slope grooming. Equipment used by contractors subject to this classification includes a variety of earth moving equipment such as, but not limited to, shovels, scrapers, bulldozers, graders and dump trucks.
This classification excludes felling of trees which is to be reported separately in the applicable logging classification.
0101-16 Railroad line: Construction, maintenance and repair, N.O.C.
Applies to contractors engaged in the construction, maintenance and repair of railroad tracks not covered by another classification (N.O.C.), including the dismantling of track and the sale of salvaged track metal and ties. Work contemplated by this classification includes all operations on new or existing main lines, side tracks and spurs to industrial properties. This classification includes, but is not limited to, the laying of rock or ballast, laying of ties and track, installation of crossover frogs and switches, erection of switch stands and switch mechanism, erection of cattle guards, the placing of grade crossing planks, and similar activities related to the laying or relaying of railroad lines and also includes the dismantling of railroad main lines, side tracks and spurs to include track, ties, etc., and the subsequent storage and sale of salvaged material after the railroad line is dismantled.
This classification excludes asphalt surfacing/resurfacing and all concrete construction work which is to be reported separately in the applicable asphalt or concrete construction classification; logging railroad construction which is to be reported separately in classification 6902; and the construction, maintenance, or repair of an elevated railway which is to be reported separately in classification 0508.
0101-17 Retaining wall: Construction or repair when done in connection with road, street and highway construction, N.O.C.
Applies to contractors engaged in the construction or repair of retaining walls in connection with highway, street, or roadway projects that are not covered by another classification (N.O.C.). Retaining walls are often constructed to protect against potential problems such as earth slides or erosion of banks alongside a roadway or overpass. Work contemplated by this classification involves large scale excavation to contour a specific area of earth serving as a retaining wall. Activities include, but are not limited to, excavation, clearing, cut and fill work, backfilling, grading and slope grooming. Fill material used may include dirt, sand, stone or boulder. Equipment used by contractors subject to this classification includes, but is not limited to, scrapers, bulldozers, graders, backhoes and dump trucks.
This classification excludes asphalt surfacing or resurfacing on roadways which is to be reported separately in classification 0210; concrete construction which is to be reported separately in the applicable concrete construction classification; construction specialty services such as the installation of guardrails, lighting standards and striping which is to be reported separately in classification 0219; bridge or tunnel construction including the abutments and approaches which is to be reported separately in classification 0201; felling of trees by chain saw which is to be reported separately in classification 5001; logging road construction which is to be reported separately in classification 6902; and tunnels and approaches including lining, cofferdam work, shaft sinking and well digging with caissons which is to be reported separately in classification 0201.
0101-37 Soil remediation
Applies to establishments engaged in various types of remediation of soil contaminated with hazardous or toxic materials. Soil remediation can take place at the site of the contamination, or the contaminated soil may be hauled to another area for remediation. This classification also includes oil spill cleanup on land. Equipment used will include backhoes and front end loaders, as well as other types of dirt moving equipment.
The methods used for soil remediation include, but are not limited to:
- Bio-remediation: Contaminated soil is mixed with nutrients, sawdust, and various other additives. Naturally occurring bacteria in the soil break down the pollutants.
- Encapsulation: Contaminated soil is enclosed in some type of protective material to prevent drainage into surrounding soil.
- Excavation and hauling to an approved disposal site.
- Hot air vapor extraction: A burner unit is mounted on a trailer. Contaminated soil is arranged in layers on which an aluminum perforated pipe system is placed at 2' intervals, with a return pipe on the top layer. The soil stack is enclosed in visqueen, then hot air is pumped into the piping system which creates the steam that is recycled through the system and carries the contaminants back through the catalytic burner. Because of the catalytic action there are virtually no contaminants exhausted into the atmosphere.
- Soil vapor extraction: A series of holes are bored in the ground and vacuum pumps are used to suck the trapped gases which are drawn through carbon filters for decontamination.
- In situ vitrification: Graphite electrodes are fed into contaminated soil at a specified rate, where high voltage "melts" the organic and inorganic materials in the soil and forms a solid, glasslike substance.
- Land farming: Contaminated soil is deposited and spread out by a farm type spreader on an area of ground dedicated for this purpose. Chemical or manure fertilizer is added to provide a medium for naturally occurring bacteria to thrive. (This part is similar to bio-remediation.) The soil is turned frequently by tillers or rototillers to assist in the aeration of the soil and in the growth of the bacteria. It may take anywhere from a month to two years to cleanse the soil, depending on the volatility of the contaminants. This method is used particularly with soil that is heavily contaminated with oil.
- Mobile incineration: Contaminated soil is loaded onto a conveyor belt which carries it into the hopper of a mobile unit mounted on a lowboy trailer. The unit is heated to burn off the contaminants in the soil. The mobile unit contains a type of dust-collecting mechanism which filters out gases and other nondesirable elements so only clean air enters the atmosphere as the refreshed soil is produced. There are various methods of mobile incineration, but the general process and the end result are similar.
- Thermal disabsorption: A process similar to mobile incineration.
- Stabilization: Concrete landfill cells are created by mixing cement with refuse or other contaminated soil to stabilize the material and reduce the seepage into the surrounding soil.
This classification excludes oil spill cleanup involving diking or ditching work which is to be reported separately in classification 0201.
0101-39 Pool or pond excavation
Placement of pool or pond liners
Applies to contractors engaged in the excavation of pools or ponds. Work contemplated by this classification involves excavating or digging of earth to form the hole such as for a swimming pool or pond. Work contemplated by this classification includes excavation of rocks and boulders, removal of tree stumps, clearing or scraping land of vegetation, grubbing, piling or pushing of earth, earth excavation, cutting, filling or backfilling, etc. Equipment used by contractors subject to this classification includes a variety of earth moving equipment such as, but not limited to, shovels, bulldozers, backhoes and dump trucks. This classification includes the placement of plastic pool and pond liners provided it is not in connection with concrete work.
This classification excludes concrete construction which is to be reported separately in the applicable concrete construction classification.
0101-40 Mowing or chemical spraying of roadway median strips, roadsides, and/or power line right of ways
Applies to contractors engaged in mowing, grooming, picking up litter, and chemical spraying of roadway median strips and edges, roadsides, and power line right of ways. Work contemplated by this classification includes spraying chemicals to control weeds and unwanted vegetation, tall grass, brush, brambles and tree seedlings as part of a roadway, roadside or right of way maintenance contract. Equipment used by contractors subject to this classification includes, but is not limited to, a variety of equipment such as backhoes, tractors, push mowers, brush mowers, weed eaters, as well as hand tools such as machetes, sickles, and pruners.
This classification excludes mowing and/or grooming of roadway median strips, roadsides, and power line right of ways when performed by employees of cities, counties, state agencies, or other municipalities which is to be reported in the classification applicable to the type of municipality performing the work; forest, timber or range land contract work which is to be reported separately in the classification applicable to the work being performed; and the felling and removal of trees by chain saw which is to be reported separately in classification 5001.
Special note: Classification 0301, "landscape construction," and classification 0308, "landscape maintenance," are not to be assigned to mowing and/or grooming of roadway median strips, roadsides, and power line right of ways.))
0101-02 Excavation work and land clearing, N.O.C.: Pool or pond excavation, and placement of pool or pond liners
Applies to:
Contractors engaged in general excavation work for others that is not covered by another classification (N.O.C.);
Clearing right of ways for subsurface construction on a new or existing highway, street or roadway project that is not covered by another classification (N.O.C.);
Clearing right of ways for subsurface construction on a new or existing airport landing strip, runway, and taxi way;
Clearing right of ways for alley and parking lot projects;
General land clearing work that is not covered by another classification (N.O.C.); and
Contractors engaged in the excavation of pools or ponds.
Note:
The subsurface is the foundation consisting of dirt, sand, gravel and/or ballast which has been leveled and compressed. Unless the finished project is compressed gravel, the subsurface or sub base is constructed prior to any asphalt or concrete paving activities.
Work activities include, but are not limited to:
• Backfilling;
• Bringing the roadbed or project site to grade;
• Clearing or scraping land of vegetation;
• Cut and fill work;
• Earth excavation;
• Excavation or digging of earth to form the hole for pools, ponds, building foundations, and side sewer hookups (street to house) when performed as part of the excavation contract;
• Excavation of rocks and boulders;
• Grubbing;
• Piling or pushing of earth;
• Placement of plastic pool and pond liners not in connection with concrete work;
• Removal of tree stumps; and
• Slope grooming.
Equipment used include, but are not limited to:
• Backhoes;
• Bulldozers;
• Dump trucks;
• Frontend loaders;
• Graders;
• Rollers;
• Shovels; and
• Scrapers.
Exclusions:
• Worker hours engaged in asphalt surfacing or resurfacing on roadways are reported separately in classification 0210;
• Worker hours engaged in construction specialty services such as the installation of guardrails, lighting standards, and striping are reported separately in classification 0219;
• Worker hours engaged in bridge or tunnel construction, including the abutments and approaches are reported separately in classification 0201;
• Worker hours engaged in logging road construction are reported separately in classification 6902;
• Worker hours engaged in concrete construction are reported separately in the applicable concrete construction classification; and
• Worker hours engaged in felling of trees which must be reported separately in the applicable logging classification.
Notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
• Classification 0101 is a construction industry classification (see WAC 296-17-31013).
0101-03 Grading work, N.O.C.
Applies to:
Contractors engaged in various forms of grading work for others that are not covered by another classification (N.O.C.).
Work activities include, but are not limited to:
• Leveling and grading lands; and
• Spreading dirt, sand, gravel, and ballast to desired contour.
Equipment used include, but are not limited to:
• Bulldozers;
• Backhoes;
• Dump trucks;
• Frontend loaders;
• Graders; and
• Rollers.
Notes:
• Classification 0101 is a construction industry classification (see WAC 296-17-31013).
0101-16 Railroad line: Construction, maintenance and repair, N.O.C.
Applies to:
Contractors engaged in the construction, maintenance and repair of railroad tracks not covered by another classification (N.O.C.), including the dismantling of track and the sale of salvaged track metal and ties.
Work activities include, but are not limited to:
• Laying of rock and ballast;
• Laying of ties and track;
• Installing crossover frogs and switches;
• Erecting switch stands and switch mechanisms;
• Erecting cattle guards;
• Placing grade crossing planks;
• Similar activities related to laying or relaying railroad lines; and
• Dismantling railroad main lines, side tracks, and spurs and the subsequent storage and sale of salvaged material after the railroad line is dismantled.
Equipment used include, but are not limited to:
• Anchor spreaders;
• Grinders;
• Hi-Rail trucks and other vehicles that can operate both on rail tracks and conventional roads;
• New track construction (NTC) machines;
• Rail spikers; and
• Tie equipment.
Exclusions:
• Worker hours engaged in asphalt surfacing/resurfacing and all concrete construction work are reported separately in the applicable asphalt and concrete construction classifications;
• Worker hours engaged in logging railroad construction are reported separately in classification 6902; and
• Worker hours engaged in construction, maintenance, or repair of an elevated railway are reported separately in classification 0508.
Notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
• Classification 0101 is a construction industry classification (see WAC 296-17-31013).
0101-17 Retaining wall: Construction or repair when done in connection with road, street and highway construction, N.O.C.
Applies to:
Contractors engaged in the construction or repair of retaining walls in connection with highway, street, or roadway projects that are not covered by another classification (N.O.C.).
Note:
Work contemplated by this classification involves large scale excavation to contour a specific area of earth serving as a retaining wall. Retaining walls are often constructed to protect against potential problems such as earth slides or erosion of banks alongside a roadway or overpass.
Work activities include, but are not limited to:
• Backfilling;
• Clearing;
• Concrete pouring;
• Contouring;
• Cut and fill work;
• Excavation;
• Grading;
• Large block placement; and
• Slope grooming.
Materials used include, but are not limited to:
• Boulders;
• Dirt;
• Sand; and
• Stone.
Equipment used include, but are not limited to:
• Backhoes;
• Bulldozers;
• Dump trucks;
• Graders; and
• Scrapers.
Exclusions:
• Worker hours engaged in asphalt surfacing or resurfacing on roadways are reported separately in classification 0210;
• Worker hours engaged in concrete construction are reported separately in the applicable concrete construction classification;
• Worker hours engaged in construction specialty services such as the installation of guardrails, lighting standards, and striping are reported separately in classification 0219;
• Worker hours engaged in bridge or tunnel construction including abutments and approaches, lining, cofferdam work, shaft sinking, and well digging with caissons are reported separately in classification 0201;
• Worker hours engaged in felling of trees which must be reported separately in the applicable logging classification; and
• Worker hours engaged in logging road construction are reported separately in classification 6902.
Notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
• Classification 0101 is a construction industry classification (see WAC 296-17-31013).
0101-37 Soil remediation
Applies to:
Businesses engaged in various types of remediation of soil contaminated with hazardous or toxic materials, including oil spill cleanup on land.
Note:
Soil remediation can take place at the site of the contamination, or the contaminated soil may be hauled to another area for remediation.
Equipment used include, but are not limited to:
• Backhoes;
• Bulldozers;
• Dump trucks;
• Frontend loaders;
• Other dirt moving equipment;
• Tillers; and
• Incinerators.
Soil remediation methods used include, but are not limited to:
• Bio-remediation: Contaminated soil is mixed with nutrients, sawdust, and various other additives. Naturally occurring bacteria in the soil break down the pollutants;
• Encapsulation: Contaminated soil is enclosed in some type of protective material to prevent drainage into surrounding soil;
• Excavation and hauling to an approved disposal site;
• Hot air vapor extraction: A burner unit is mounted on a trailer. Contaminated soil is arranged in layers on which an aluminum perforated pipe system is placed at 2 foot intervals, with a return pipe on the top layer. The soil stack is enclosed in visqueen, then hot air is pumped into the piping system which creates the steam that is recycled through the system and carries the contaminants back through the catalytic burner. Because of the catalytic action there are virtually no contaminants exhausted into the atmosphere;
• In situ vitrification: Graphite electrodes are fed into contaminated soil at a specified rate, where high voltage "melts" the organic and inorganic materials in the soil and forms a solid, glasslike substance;
• Land farming: Contaminated soil is deposited and spread out by a farm type spreader on an area of ground dedicated for this purpose. Chemical or manure fertilizer is added to provide a medium for naturally occurring bacteria to thrive. (This part is similar to bio-remediation.) The soil is turned frequently by tillers or rototillers to assist in the aeration of the soil and in the growth of the bacteria. It may take anywhere from a month to two years to cleanse the soil, depending on the volatility of the contaminants. This method is used particularly with soil that is heavily contaminated with oil;
• Mobile incineration: Contaminated soil is loaded onto a conveyor belt which carries it into the hopper of a mobile unit mounted on a lowboy trailer. The unit is heated to burn off the contaminants in the soil. The mobile unit contains a type of dust-collecting mechanism which filters out gases and other nondesirable elements so only clean air enters the atmosphere as the refreshed soil is produced. There are various methods of mobile incineration, but the general process and the end result are similar;
• Soil vapor extraction: A series of holes are bored in the ground and vacuum pumps are used to suck the trapped gases which are drawn through carbon filters for decontamination;
• Stabilization: Concrete landfill cells are created by mixing cement with refuse or other contaminated soil to stabilize the material and reduce the seepage into the surrounding soil; and
• Thermal disabsorption: A process similar to mobile incineration.
Exclusions:
• Worker hours engaged in oil spill cleanup involving diking or ditching work are reported separately in classification 0201.
Notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
• Classification 0101 is a construction industry classification (see WAC 296-17-31013).
0101-40 Mowing or chemical spraying of roadway median strips, roadsides, and/or power line right of ways
Applies to:
Contractors engaged in mowing, grooming, picking up litter, and chemical spraying of roadway median strips and edges, roadsides, and power line right of ways.
Note:
Classification 0301, "landscape construction," and classification 0308, "landscape maintenance," are not to be assigned for mowing and/or grooming of roadway median strips, roadsides, and power line right of ways.
Work activities include, but are not limited to:
• Chemical spraying;
• Grooming;
• Mowing; and
• Picking up litter.
Equipment used include, but are not limited to:
• Backhoes;
• Brush mowers;
• Chemical sprayers;
• Machetes;
• Mowers;
• Pruners;
• Push mowers;
• Sickles;
• Tractors; and
• Weed eaters.
Exclusions:
• Mowing and grooming of roadway median strips, roadsides, and power line right of ways when performed by employees of cities, counties, state agencies, or other municipalities are classified in the classification applicable to the type of municipality performing the work;
• Worker hours engaged in forest, timber, and range land contract work are reported separately in the classification applicable to the work being performed; and
• Worker hours engaged in felling of trees which must be reported separately in the applicable logging classification.
Notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
• Classification 0101 is a construction industry classification (see WAC 296-17-31013).
AMENDATORY SECTION(Amending WSR 16-14-085, filed 7/5/16, effective 1/1/17)
WAC 296-17A-2903Classification 2903.
((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.
Note:
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).
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.
Note:
In addition to operations taking place in a permanent yard or shop, this classification includes operating portable chipping or debarking mills close to the wood source. Also refer to the overall classification 2903 description at the beginning of this rule.
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.
Note:
Subclassification 2903-26 can also be considered for employers cutting and sizing lumber stock for other uses in addition to furniture manufacturing. Also refer to the overall classification 2903 description at the beginning of this rule.
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.
Note:
Lumber yards and building materials centers subject to classification 2009 that prehang doors are to be assigned classification 2903-08 in addition to their basic classification. Also refer to the overall classification 2903 description at the beginning of this rule.
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.
Note:
Also refer to the overall classification 2903 description at the beginning of this rule.
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.
Note:
Incidental delivery by the manufacturer to the construction site often includes lifting trusses onto the roof top with a boom lift mounted on the delivery truck. This is included in this classification. Also refer to the overall classification 2903 description at the beginning of this rule.
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.
Note:
Also refer to the overall classification 2903 description at the beginning of this rule.
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.
Note:
Also refer to the overall classification 2903 description at the beginning of this rule.))
2903-00 Manufacturing wood chips, hog fuel, bark, bark flour, fire logs or laths
Applies to:
Businesses that manufacture wood products primarily made from log by-products.
In addition to operations taking place in a permanent yard or shop, this classification includes operating portable chipping or debarking mills close to the wood source.
Products manufactured 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; and
• Particleboard - A panel made from discrete particles of wood which are mixed with resins and formed into a solid board under heat and pressure.
Materials used include, but are not limited to:
• Bark;
• Chips;
• Glue;
• Logs;
• Sawdust; and
• Other mill waste.
Equipment used include, but are not limited to:
• Chippers;
• Conveyance equipment: Forklifts, loaders, overhead cranes, pallet jacks, and trolley systems;
• Debarkers;
• Delivery trucks;
• Dryers;
• Kilns;
• Loaders;
• Mills;
• Molders;
• Presses;
• Saws; and
• Sorting screens.
Exclusions:
• Worker hours cutting, cultivating, or gathering wood from forestland or tree farms are reported separately in the applicable classifications.
• Worker hours cutting raw logs and other sawmill activities are reported separately in classifications 1002 and 5001.
Notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
2903-08 Manufacturing or assembly of wood doors, jambs, windows, sashes, stairs, molding or other miscellaneous millwork
Applies to:
Businesses that manufacture and assemble wood doors, jambs, windows, sashes, stairs, molding and other millwork.
Products manufactured include:
• 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; and
• Windows.
Materials used include, but are not limited to:
• Cardboard;
• Dimensional lumber;
• Glass;
• Glue;
• Hardware;
• Metal;
• Oils;
• Paints;
• Particle board;
• Plastic laminates;
• Plywood;
• Stains; and
• Veneer.
Equipment used include, but are not limited to:
• Air compressors and brushes;
• Boring machines;
• Chippers;
• Chisels;
• Conveyance equipment: Forklifts, loaders, overhead cranes, pallet jacks, and trolley systems;
• Delivery trucks;
• Drills;
• Dryers;
• Jointers;
• Kilns;
• Lathes;
• Mills;
• Molders;
• Planers;
• Pneumatic nail guns;
• Presses;
• Routers;
• Sanders and blasters;
• Saws;
• Sprayers, coaters, and spreaders; and
• Staple and screw guns.
Exclusions:
• Manufacturing wood furniture or caskets is classified in 2905.
• Manufacturing wood cabinets, countertops, and fixtures is classified in 2907.
• Worker hours manufacturing metal doors, jambs, windows and sashes are reported separately in classification 3402.
• Worker hours repairing or installing products manufactured or assembled in this class away from the business's premises are reported separately in the applicable installation or repair classification.
• Worker hours cutting, cultivating, or gathering wood from forestland or tree farms are reported separately in the applicable classifications.
• Worker hours cutting raw logs and other sawmill activities are reported separately in classifications 1002 and 5001.
Notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
• Lumber yards and building materials centers subject to classification 2009 that prehang doors are assigned classification 2903-08 in addition to their basic classification.
2903-10 Manufacturing, assembly, or repair of wood containers or pallets; wood pallet dealer or recycle operations: Including repairs of pallets
Applies to:
Businesses that manufacture, assemble, and repair wood pallets and all other types of wood containers.
Businesses that repair, recondition, or rebuild wood pallets or containers at the business's facilities or at the customer's location.
Products manufactured include, but are not limited to:
• Bins;
• Boxes;
• Crates;
• Shipping containers;
• Shooks (a shook is a set of unassembled wood components for assembling a packing box or barrel); and
• Storage containers.
Materials used include, but are not limited to:
• Glue;
• Lumber;
• Nails;
• Paint;
• Plywood;
• Screws; and
• Staples.
Equipment used include, but are not limited to:
• Air compressors and brushes;
• Chippers;
• Conveyance equipment: Forklifts, loaders, overhead cranes, pallet jacks, and trolley systems;
• Delivery trucks;
• Drills;
• Dryers;
• Jointers;
• Kilns;
• Mills;
• Planers;
• Pneumatic nail guns;
• Routers;
• Sanders and blasters;
• Saws;
• Sprayers, coaters, and spreaders; and
• Staple and screw guns.
Exclusions:
• Worker hours cutting, cultivating, or gathering wood from forestland or tree farms are reported separately in the applicable classifications.
• Worker hours cutting raw logs and other sawmill activities are reported separately in classifications 1002 and 5001.
Notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
2903-12 Manufacturing or assembly of wood products not otherwise classified (N.O.C.)
Applies to:
Businesses that manufacture or assemble miscellaneous wood products that are not described by or included in another classification. Items manufactured are a variety of sizes and require varying degrees of manufacturing and assembly by machine or hand.
Products manufactured include:
• 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;
• Remanufactured lumber – Lumber remanufacturing is the process of converting green wood (unseasoned wood), rough-cut cants (large slabs of wood cut from logs), plywood, or lumber into a more specialized or higher grade product;
• Ridge cap shingles or shims;
• Saunas;
• Signs;
• Slugs;
• Solariums;
• Utility poles;
• Veneered products – Veneered products are made by gluing veneer to cores made of plywood, other lower quality wood, or nonwood based material and are generally sold as a lumber substitute;
• Wall panels; and
• Wood furniture stock – Wood furniture stock is sold to other manufacturers as unfinished and unassembled pieces of lumber used to make finished furniture.
Materials used include, but are not limited to:
• Acrylic;
• Hardware;
• Lacquers;
• Laths;
• Lumber;
• Nails;
• Oils;
• Paints;
• Particle board;
• Plastic laminates;
• Plywood;
• Screws;
• Stains;
• Staples; and
• Wood veneer.
Equipment used include, but are not limited to:
• Air compressors and brushes;
• Boring machines;
• Chippers;
• Chisels;
• Conveyance equipment: Forklifts, loaders, overhead cranes, pallet jacks, and trolley systems;
• Delivery trucks;
• Drills;
• Dryers;
• Jointers;
• Kilns;
• Lathes;
• Mills;
• Molders;
• Planers;
• Pneumatic nail guns;
• Presses;
• Routers;
• Sanders and blasters;
• Saws;
• Sprayers, coaters, and spreaders; and
• Staple and screw guns.
Exclusions:
• 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 is classified in 1003.
• Worker hours engaged in sawmill operations are reported separately in classification 1002.
• Worker hours building log homes on-site are reported separately in the applicable construction classifications.
• Manufacturing wood household or sporting goods is classified in 2909.
• Manufacturing wood furniture or caskets is classified in 2905.
• Manufacturing wood cabinets, countertops, and fixtures is classified in 2907.
• Manufacturing wood veneer or plywood is classified in 2904.
• Worker hours installing or removing signs outside of buildings are reported separately in classification 0403.
• Worker hours installing or removing signs inside of buildings are reported separately in classification 0513.
• Worker hours painting or lettering signs on the inside of buildings or painting on or applying lettering to sign "backings" that are manufactured by others are reported separately in classification 4109.
• Worker hours manufacturing metal or plastic signs are reported separately in the classification applicable to the manufacturing process.
• Businesses only kiln drying and/or treating lumber with preservatives, fire retardants, or insecticides are classified in 1003.
• Worker hours repairing or installing products manufactured or assembled in this class away from the business's premises are reported separately in the applicable installation or repair classification.
• Worker hours cutting, cultivating, or gathering wood from forestland or tree farms are reported separately in the applicable classifications.
• Worker hours cutting raw logs and other sawmill activities are reported separately in classifications 1002 and 5001.
Notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
• Classification 2903 can only be assigned for ridge cap shingles or shims after a site visit. If a classification must be assigned prior to the site visit, the business will be assigned classification 1005-02. Businesses manufacturing shakes or shingles in addition to ridge caps report the manufacture of ridge caps in classification 1002 or 1005, depending on the processes.
2903-21 Manufacturing wooden roof trusses
Applies to:
Businesses that manufacture wooden roof trusses, ceiling joists, or floor joists from wood or wood products.
Products manufactured include:
• Ceiling joists;
• Floor joists; and
• Roof trusses.
Materials used include, but are not limited to:
• Dimensional lumber (usually 2" x 4", 2" x 6", and 2" x 8");
• Hardware;
• Plywood; and
• Various fasteners.
Equipment used include, but are not limited to:
• Air compressors and brushes;
• Assembly tables;
• Conveyance equipment: Forklifts, loaders, overhead cranes, pallet jacks, and trolley systems;
• Delivery trucks;
• Mills;
• Planers;
• Pneumatic nail guns;
• Roller presses;
• Saws; and
• Staple and screw guns.
Exclusions:
• Worker hours repairing or installing products manufactured or assembled in this class away from the business's premises are reported separately in the applicable installation or repair classification.
• Worker hours cutting, cultivating, or gathering wood from forestland or tree farms are reported separately in the applicable classifications.
• Worker hours cutting raw logs and other sawmill activities are reported separately in classifications 1002 and 5001.
Notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
2903-28 Manufacturing, repairing, or refinishing wooden boats
Applies to:
Businesses that manufacture, repair, or refinish wooden boats.
Products manufactured include:
• Wooden boats.
Materials used include, but are not limited to:
• Dimensional lumber;
• Glue;
• Hardware;
• Lacquers;
• Oils;
• Paints;
• Plywood; and
• Stains.
Equipment used include, but are not limited to:
• Drills;
• Jointers;
• Lathes;
• Planers;
• Sanders; and
• Saws.
Exclusions:
• Worker hours manufacturing or repairing fiberglass boats are reported separately in classification 3511.
• Worker hours manufacturing or repairing metal boats are reported separately in the applicable metal manufacturing classification.
• Businesses that do not manufacture boats but do mechanical, engine, electrical, vinyl or glass work on boats, install boat accessories, or detail all types of boats are classified in 3414.
• Worker hours cutting, cultivating, or gathering wood from forestland or tree farms are reported separately in the applicable classifications.
• Worker hours cutting raw logs and other sawmill activities are reported separately in classifications 1002 and 5001.
Notes:
• For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
AMENDATORY SECTION(Amending WSR 14-17-085, filed 8/19/14, effective 9/19/14)
WAC 296-17A-3701Classification 3701.
((3701-03 Ammonia, nitrogen and ammonium nitrate: Manufacturing
Applies to establishments engaged in the manufacture of ammonia, nitrogen and ammonium nitrate. Ammonia is a colorless gas used as a component in fertilizer, medicines and cleaning compounds manufacturing. The manufacturing process involves combining hydrogen and nitrogen gases with a catalyst which causes a reaction between the two gases when heated in a generator. Ammonium nitrate is a crystalline compound used mainly in fertilizers, explosives and propellants. The manufacturing process involves combining ammonia and nitric acid in a reactor. Nitrogen is a colorless gas that is obtained from the air and processed by compressing air in a pressurized tank, removing impurities, and separating nitrogen and oxygen through heating.
3701-04 Nitrate recovery from X-ray and photo films
Applies to establishments engaged in recovering nitrate or silver from X-ray and photo films. The recovery process involves placing the films in developing solutions, ionizing the solution and separating the elements.
3701-05 Dye and chemicals: Manufacturing
Applies to establishments engaged in the manufacture of all types of dyes and in the manufacture of dyes and chemicals that are used exclusively for tinting candles. Organic and inorganic compounds such as, but not limited to, phenols, alcohols, caustics, acids, salts and gases are used in the manufacturing process. Manufacturing methods include, but are not limited to, weighing raw materials to specifications and pumping them into vats where they are heated, agitated and cooled. They are then filtered through presses, dried in ovens, ground into a powder, and then packaged. Liquid or paste forms of dye go through the same process with the exception of the drying and grinding operations.
3701-06 Chemicals, N.O.C.: Manufacturing by nitration, alkylation and oxidation processes
Applies to establishments engaged in the manufacture of chemicals not covered by another classification (N.O.C.) using a nitration, alkylation or oxidation process. Nitration involves the combining of nitrate with an organic compound to produce nitrobenzenes used in solvents, fertilizers and acids. Alkylation involves combining alkyls with other substances to form products used in the production of paper pulp, hard soap and petroleum products. Oxidation involves the combining of oxygen with other substances to produce products such as, but not limited to, hydrogen peroxide, protective metal coatings, and pharmaceutical preparations.
This classification excludes the manufacture of ammonia or nitrogen which is to be reported separately in classification 3701-03 and the manufacture of oxygen, hydrogen, acetylene gas, carbonic acid gas, or acids which is to be reported separately in classification 3701-10.
3701-07 Chemical mixing, blending and repackaging only: Fireworks manufacturing
Applies to establishments engaged exclusively in mixing, blending or repackaging chemicals; it does not apply to the manufacture of ingredients for the mixing operation. The product may be mixed by hand or through a mechanical process. The equipment used by establishments covered by this classification is limited to storage tanks, mixing or blending screens and vats, filling and packaging machines and miscellaneous equipment such as fork lifts and trucks. Fireworks are assembled by hand and using hand operated tools.
This classification excludes establishments involved in more than a mixing, blending or repackaging operation which are to be reported separately in the appropriate chemical manufacturing classification, and technicians who set up and carry out fireworks displays who are to be reported separately in classification 6207.
3701-08 Cosmetics: Manufacturing
Applies to establishments engaged in the manufacture of cosmetics such as, but not limited to, soap, shampoo, hair conditioners, skin moisturizers, baby powder, lipstick, nail polish, bath oil, bath salts, and various personal care creams, gels or lotions. The process involves the mixing of premanufactured ingredients, using equipment such as storage tanks, mixers, heating devices, bottling/packaging/labeling equipment, and laboratory equipment for product development and quality control.
This classification excludes the manufacturing of the ingredients used in the mixing of the cosmetics.
3701-09 Drug, medicine, or pharmaceutical preparation: Manufacturing
Applies to establishments engaged in the manufacture of pharmaceuticals including drugs, medicines, and preparations such as, but not limited to, tablets, pills, ointments, liquids, and powders. Processes contemplated by this classification include mixing or blending of the base medicinal ingredients and additives such as, but not limited to, sugars, starches, flavorings, and waxes used for coating tablets. Compounds are then pulverized, distilled, heated and/or dried.
This classification excludes:
• The manufacture or harvest of the ingredients used in the manufacture of the pharmaceuticals;
• Retail compounding pharmacy stores which are to be reported in 6406-16.
3701-10 Oxygen, hydrogen, acetylene gas, carbonic acid gas: Manufacturing
Applies to establishments engaged in the manufacture of oxygen, hydrogen, acetylene gas, carbonic acid gas, dry ice, or acid. The manufacture of oxygen and hydrogen involves the recovery of these gaseous elements from the air by compression, expansion and cooling operations until it liquefies. The liquid air then goes to a fractionator where the oxygen is separated from the hydrogen along with other gases such as neon and helium. Acetylene is a highly flammable but nontoxic gas that is manufactured by reacting calcium carbide with water in a pressure generator which combines carbon and lime to form the end product. Carbonic acid gas, also known as phenol, is a caustic poisonous gas used in manufacturing resins, plastics, and disinfectants. The manufacture of phenol involves a compression and refrigeration process.
3701-11 Alcohol: Manufacturing, distilling, N.O.C.
Applies to establishments engaged in manufacturing or distilling nonspirituous alcohol not covered by another classification (N.O.C.). Types of alcohol include, but are not limited to, methanol (wood alcohol), ethanol (grain alcohol) or denatured alcohol (combination of methanol and ethanol). Products produced include, but are not limited to, solvents, processing materials, germicides, antiseptics, or materials intended to be used as an ingredient in other products such as varnish and shellac. The processes for the production are varied depending on the type of alcohol and end product but all use a distillation process which involves the heating of liquids and subsequent condensation of vapors to purify or separate a substance contained in the original wood or grain product.
This classification excludes the manufacture of spirituous liquor which is to be reported separately in classification 3702 and gasohol distilling or refining which is to be reported separately in classification 3407.
3701-13 Polish, dressing, or ink: Manufacturing
Applies to establishments engaged in the manufacture of polish, dressings, or ink. Polish and dressing products include, but are not limited to, polish or dressings for shoes, leather, furniture, automobiles or metal. The ingredients and processes for polish and dressing manufacturing vary, depending on the end product. Typical ingredients include but are not limited to oils, waxes, resins, detergents, methanol, solvents, water and coloring. The process may involve a simple mixing operation or a more involved process involving heating or cooking and molding into a cake or stick form. Typical equipment includes, but is not limited to, weighing and measuring scales, mixers, stoves, molding apparatus, automatic filling, labeling, wrapping and packaging machines. Ink manufacturing covers all types of ink including, but not limited to, newspaper, book, magazine, and writing ink. The process involves the cooking of oils and resins which produces a resin. Pigments and dryers are blended into the resin mixture and diluted to proper consistency.
This classification excludes the manufacture of candles, crayons, and adhesives which is to be reported separately in classification 3701-25.
3701-14 Extract: Manufacturing, including distillation of essential oils
Applies to establishments engaged in the manufacture of extract including the distillation of essential oils. Extracts are concentrated forms of an essential component of a food or a plant. Extracts include, but are not limited to, flavorings, perfume oils, sachet powders, ingredients for skin conditioners and hop extracts used in the brewing of beer. The process involves extracting flavorings or oils from various plants, herbs or fruit peelings by pressing, cooking, steaming or distillation. The extracts may be mixed or blended with other extracts for strength, consistency or color and are then bottled or canned. Typical equipment includes, but is not limited to, steam cookers, presses, distillation apparatus, filters, grinders, tanks, vats and filling, packaging and labeling machines.
This classification excludes perfume manufacturing which is to be reported separately in classification 3701-15; mint distilling which is to be reported separately in classification 3701-17; and hop pellet manufacturing which is to be reported separately in classification 2101.
3701-15 Perfume: Manufacturing, including distillation of essential oils
Applies to establishments engaged in the manufacture of perfumes including the distillation of essential oils. Perfumes may be used as a personal fragrance or by other manufacturers such as in the making of scented candles. The process typically involves the distillation, cooking, grinding, compounding, drying, blending, or liquidizing of ingredients. These ingredients may include, but not be limited to, extracts, oils, colors and binders.
This classification excludes the manufacture of candles which is to be reported separately in classification 3701-25.
3701-17 Mint distilling
Applies to establishments engaged in the distillation of mint. The process may begin with mint oil that is purchased from others or with the distillation of the mint leaves into mint oil. The mint leaves are chopped and blown into a mint steamer which lifts the moisture and oils from the mint. The resultant steam then goes through a series of condensation lines. Water is added to force the oil to the top of the liquid. The mint oil is heated for purification and to lessen the fragrance. Various mint oils may then be blended together to produce different types such as spearmint and peppermint. The product is then packaged in stainless steel or epoxy lined barrels.
This classification excludes the raising and harvesting of mint which is to be reported separately in classification 4811.
3701-20 Salt, borax or potash producing or refining
Applies to establishments engaged in the production of or refining of salt, borax or potash. This classification includes the manufacture of common salt used in chemical and food processing, borax which is used in the manufacture of glass, glazes, soap, and boric acid, and potash which is used in fertilizer. Salt ores received from others are dissolved in water to produce a brine of the desired concentration. It is refined into common salt by adding caustic soda and soda ash. Potash is refined by adding an amine to the brine which causes the salts to float to the surface where they are skimmed off. Borax is made by separating it from the potash by a rapid cooling process. All three of these products are then fully evaporated by heating in a partial vacuum to produce crystals or granules which are then dried.
This classification excludes the production of raw materials used in the manufacture of these products.
3701-21 Serum, antitoxin or virus: Manufacturing
Applies to establishments engaged in the manufacture of serums, antitoxins, or viruses. The process involves considerable microscopic laboratory work as well as working with animals. The animals are injected with bacteria and viruses, periodically bled and eventually killed. The killing of the animals is included in this classification as it is incidental and necessary to perform the operation to extract the serum from the glands and to separate the red blood cells from the blood.
This classification excludes the manufacture of other drugs or medicines which are to be reported separately in classification 3701-09.
3701-22 Paint, varnish or lacquer: Manufacturing
Applies to establishments engaged in the manufacture of paint, varnish, lacquer, enamel, shellac, paint removers and thinners. The paint manufacturing process involves a series of mixing and grinding operations. The pigments (solids) are then blended with oils or resins (liquids). A paint extender may also be added at this point. The paint is then pumped into filling machines where various sized containers are filled and then labeled. Lacquer, varnish, enamel, shellac and paint removers and thinners vary in the ingredients used but the process is similar to that of paint manufacturing in that it is mainly a mixing operation. Varnishes involve a cooking process which is generally not used in the manufacture of the other products included in this classification.
This classification excludes the production of raw materials used in the manufacture of these products.
3701-23 Putty or synthetic resin: Manufacturing
Applies to establishments engaged in the manufacture of putty or synthetic resin. Putty is a finely powdered chalk mixed with linseed oil. The main ingredients for both putty and synthetic resins are ground chalk, limestone and/or calcite. The process for both products involves grinding and mixing operations.
This classification excludes the production of the raw materials used in the manufacture of these products.
3701-25 Candle, crayon, and paste or glue: Manufacturing
Applies to establishments engaged in the manufacture of candles, crayons, and synthetic adhesives such as paste or glue. Raw materials used for making candles include, but are not limited to, beeswax, paraffin, stearin, wicks and colors which are received from others. The wax is heated in kettles or similar devices into which the wicks are dipped either by hand or by dipping equipment which can be either manual or automated. A fragrance may be added to the melted wax for scented candles. When the wax has attained the desired shape and size it is hung on lines to dry. The wicks are then cut and the candles are placed in molds to shape the base of the candle. Color is then added by dipping either by hand for specialized designs or by machine for solid colors. The candles are then inspected, wrapped, packaged and labeled. Crayons use the same ingredients that are used in making candles with the exception of the wicks. The type of wax used in making crayons determines the hardness. The wax is melted in a kettle or similar device and poured into molds for shaping and cooling. The crayons are then inspected, packaged and labeled. Synthetic paste or glue is made from powder or granule arabic gum or modified starch which is received from others along with preservatives and the containers and caps. The process involves mixing and cooking the ingredients in steel tanks and pumping the product to a filling area where it is packaged, labeled and capped.
This classification excludes the manufacture of polish, dressing, or ink which is to be reported separately in classification 3701-13; the manufacture of glue from animal substances which is to be reported separately in classification 4301; and the production of raw materials used in the manufacture of these products.
3701-27 Hazardous/toxic material: Repackaging for disposal
Applies to establishments engaged in identifying and repackaging hazardous/toxic materials for disposal. This classification is distinguished from classification 4305-20, in that classification 3701-27 applies to the identifying andrepackaging for disposal of such materials as drugs, pesticides, chemicals, and toners that contain toxic or hazardous materials, while classification 4305-20 includes the processing or handling of such materials as medical or septic tank waste, drug lab or hazardous spill cleanup, and reprocessing or handling of low-level radioactive materials. For handling hazardous or toxic materials, the workers are equipped with protective clothing such as long sleeved shirts, depending on the material to which they will be exposed. They may also be equipped with steel toed boots, protective gloves, safety glasses and various types of respirator equipment. On a typical project, the first step is to visually inspect the materials to see if they appear to be the materials described on a job order. If there is a question of identity, a sample of the material is sent to a lab for analysis. The establishment may have its own lab facilities or the sample may be sent to an outside lab, or the customer may have it analyzed. Every component of the sample must be identified. Once the material has been identified, and all containers labeled, the containers are separated into appropriate groupings. Smaller containers of similar types of materials are packed into 55 gallon drums with plastic or other cushioning protective material to prevent breakage. All necessary paper work and forms required by various government agencies must be completed before the material can be transported to a disposal site.
This classification excludes hazardous/toxic material processing or handling, including processing of medical or septic tank waste, drug lab or hazardous spill cleanup; reprocessing or handling of low-level radioactive materials which is to be reported separately in classification 4305-20; and the replacement of nontoxic toner in cartridges used in business machines which is to be reported separately in classification 4107.))
3701-06 Chemicals, N.O.C.: Manufacturing chemical mixing, blending, and repackaging nitrate recovery from X-ray and photo films
Applies to:
Businesses engaged in manufacturing:
• Acetylene gas;
• Acid;
• Ammonia;
• Ammonia nitrate;
• Borax;
• Carbonic acid gas, also known as phenol;
• Chemicals using a nitration, alkylation or oxidation process;
• Dry ice;
• Dyes, including dye and chemicals used for tinting candles;
• Fireworks;
• Nitrogen;
• Oxygen and hydrogen;
• Potash;
• Salt.
Businesses engaged in:
• Recovering nitrate or silver from X-ray and photo films.
• Mixing, blending or repackaging chemicals, but not manufacturing the ingredients.
Products manufactured and processes used include, but are not limited to:
• Acetylene gas - Highly flammable but nontoxic gas that is manufactured by reacting calcium carbide with water in a pressure generator, which combines carbon and lime to form the product.
• Ammonia - Colorless gas used as a component in fertilizer, medicines and cleaning compounds manufacturing. Involves combining hydrogen and nitrogen gases with a catalyst, which causes a reaction between the two gases when heated in a generator.
• Ammonia nitrate - Crystalline compound used mainly in fertilizers, explosives and propellants. Involves combining ammonia and nitric acid in a reactor.
• Borax - Used in manufacture of glass, glazes, soap, and boric acid. Produced by separating it from the potash by a rapid cooling process. Evaporated by heating in a partial vacuum to produce crystals or granules which are dried.
• Carbonic acid gas, also known as phenol - Caustic poisonous gas used in manufacturing resins, plastics, and disinfectants. The manufacture of phenol involves a compression and refrigeration process.
• Chemicals using a nitration, alkylation or oxidation process:
- Alkylation - Involves combining alkyls with other substances to form products used in the production of paper pulp, hard soap and petroleum products.
- Nitration - Involves the combining of nitrate with an organic compound to produce nitrobenzene used in solvents, fertilizers and acids.
- Oxidation - Involves the combining of oxygen with other substances to produce products such as; but not limited to, hydrogen peroxide, protective metal coatings, and pharmaceutical preparations.
• Dry ice - Carbon dioxide in a solid form.
• Dyes, including dye and chemicals used for tinting candles – Made from organic and inorganic compounds. Manufacturing methods include weighing raw materials, pumping them into vats, heating, agitating, cooling, filtering through presses, and packaging. May also include drying and grinding into powder or may be left in liquid or paste forms.
• Fireworks.
• Mixing, blending or repackaging chemicals, but not manufacturing the ingredients – Mixed by hand or through a mechanical process.
• Nitrogen - Colorless gas that is obtained from the air and processed by compressing air in a pressurized tank, removing impurities, and separating nitrogen and oxygen through heating.
• Oxygen and hydrogen - Involves the recovery of these gaseous elements from the air by compression, expansion and cooling operations until it liquefies. Liquid air then goes to a fractionator where the oxygen is separated from the hydrogen along with other gases such as neon and helium.
• Potash - Used in fertilizer. Refined by adding an amine to the brine, which causes the salts to float to the surface where they are skimmed off. Evaporated by heating in a partial vacuum to produce crystals or granules, which are dried.
• Salt - Used in chemicals and food processing. Salt ores are dissolved in water to produce a brine of the desired concentration. Refined into common salt by adding caustic soda and soda ash. Evaporated by heating in a partial vacuum to produce crystals or granules, which are dried.
• Recovering nitrate or silver from X-ray and photo films - Placing films in developing solutions, ionizing the solution and separating the elements.
Equipment includes, but is not limited to:
• Pressurized tanks;
• Vats;
• Screens;
• Ovens;
• Grinding machines;
• Mixing and blending machinery;
• Filling and packaging machinery;
• Fork lifts;
• Trucks.
Exclusions:
• Technicians who set up and carry out fireworks displays are classified in 6207.
• The production of salt ores used in the manufacture of salt, borax, and potash.
Note:
For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3701-08 Cosmetic, pharmaceutical, serum: Manufacturing
Applies to:
Businesses engaged in the manufacture of cosmetics, pharmaceuticals, serums, antitoxins or viruses.
Products include, but are not limited to:
• Soaps;
• Shampoo/conditioners;
• Creams, gels or lotions;
• Baby powder;
• Lipstick;
• Nail polish;
• Bath oils/salts;
• Tablets/pills;
• Ointments;
• Liquids/powders (pharmaceutical);
• Serums.
Work activities include, but are not limited to:
• Mixing of premanufactured ingredients.
• Mixing or blending of base medicinal ingredients and additives such as, but not limited to, sugars, starches, flavorings and waxes used for coatings.
• Bottling/packaging/labeling and laboratory equipment.
• Pulverizing, distilling, heating and drying product.
• Microscopic laboratory work.
• Working with animals, injecting with bacteria and viruses (eventually killing animal).
Killing of the animals is included in this classification as it is incidental and necessary to perform the operation to extract the serum from the glands and to separate the red blood cells from the blood.
Equipment includes, but is not limited to:
• Storage tanks;
• Mixers;
• Heating devices;
• Bottling/packaging/labeling equipment;
• Laboratory equipment.
Exclusions:
• Manufacture of ingredients used in the mixing of the cosmetics.
• Manufacture or harvest of ingredients used in the manufacture of the pharmaceuticals.
• Retail compounding pharmacy stores are classified in 6406-16.
Note:
For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3701-14 Extract, alcohol, perfume manufacturing; mint, including distillation of essential oils N.O.C.
Applies to:
Businesses engaged in manufacturing or distilling:
• Alcohol - Not for ingestion.
• Extracts - Extracts are the concentrated forms of the essential components of a food or a plant.
• Mint.
• Perfumes.
Processes used include, but are not limited to:
• Alcohol - All use a distillation process, which involves the heating of liquids and resulting condensation of vapors to purify or create a substance contained in the original wood or grain product.
• Extracts - The process for obtaining extracts involves pressing, cooking, steaming, or distillation from plants, herbs, or fruit peelings. Extracts may be mixed or blended with other ingredients for greater strength, color, or consistency. Products are bottled or canned.
• Mint - Mint distillation may begin with the use of mint oil distilled by a supplier or with the distillation of the mint into mint oil. Mint leaves are chopped and blown into a steamer, which lifts the moisture and oils. Steam then passes through a series of condensation lines. Water is added to bring the oil to the top of the liquid. The mint oil is heated for purification and fragrance. Various mint oils may be blended together to produce distinctive products such as spearmint or peppermint.
• Perfumes – The process may involve distillation, cooking, grinding, compounding, drying, blending or liquidizing of ingredients. Ingredients may include extracts, oils, colors, and binders.
Products include, but are not limited to:
• Methanol (wood alcohol);
• Ethanol (grain alcohol);
• Denatured alcohol (combination of methanol and ethanol);
• Solvents;
• Germicides;
• Pesticides;
• Antiseptics;
• Materials intended for use in other products such as varnish or shellac;
• Flavorings, including mint, spearmint, and peppermint;
• Perfumes used to manufacture other products such as scented candles;
• Personal fragrances;
• Essential oils;
• Sachet powders;
• Ingredients for skin conditioners;
• Hop extracts used in the brewing of beer.
Equipment includes, but is not limited to:
• Distillation equipment;
• Steam cookers;
• Presses;
• Filters;
• Grinders;
• Vats;
• Vapor extraction equipment;
• Storage tanks;
• Mixers;
• Heating equipment;
• Forklifts;
• Laboratory equipment;
• Bottling, packaging, labeling equipment;
• Delivery trucks.
Exclusions:
• Manufacturing of spirituous liquor for ingestion is classified in 3702.
• Candle manufacturing is classified in 3701-22.
• Worker hours engaged in gasohol manufacturing or refining are reported separately in classification 3407.
• Worker hours engaged in hop pellet manufacturing are reported separately in classification 2101.
• Worker hours engaged in mint raising or harvesting are reported separately in classification 4811.
Note:
For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3701-22 Pigment solutions or emulsion: Manufacturing
Applies to:
Businesses engaged in manufacturing a variety of chemical products including, but not limited to:
• Candles;
• Crayons;
• Dressings, see polish;
• Enamel, see paint;
• Glue;
• Ink, all types;
• Lacquer, see paint;
• Paint;
• Paint removers and thinners;
• Paste, see glue;
• Polish, also known as dressings include, but are not limited to:
- Shoe polish;
- Leather polish;
- Furniture polish;
- Automobile polish;
- Metal polish.
• Putty;
• Shellac, see paint;
• Synthetic resin, see putty;
• Varnish.
Processes used include, but are not limited to:
• Candles – Wax is heated. Wicks are dipped in the wax either by hand or machine. Fragrances are added for scented candles. When the candles are dried, their wicks are cut and they are placed in molds to shape the base. Color may be added by hand or by machine. The candles are inspected, wrapped, packaged, and labeled.
• Crayons – Similar to candles, but crayons are molded instead of dipped.
• Dressings or polish - Ingredients and processes vary dependent upon the product. Process may be simple and involve only mixing, or process may be detailed and involve heating or cooking and forming into a mold or stick form.
• Paint, enamel, lacquer, shellac - Involves a series of mixing and grinding operations. Solid pigments are blended with liquid resins. Paint extender may be added. Paint is pumped into filling stations. Containers of paint are packaged, labeled and shipped.
• Glue or paste – Involves mixing and cooking the ingredients in steel tanks and pumping the product to a filling area where it is packaged, labeled and capped.
• Ink – Involves cooking of oils and resin. Pigments and dryers are blended into the resin, which is then diluted to the proper consistency.
• Putty or synthetic resin – Putty is a finely powdered chalk mixed with linseed oil. Putty and synthetic resins have the same ingredients. Both are made by grinding and mixing.
• Varnish – Similar to paint manufacturing process. Manufacturing varnish also includes a cooking process.
Ingredients used include, but are not limited to:
• Beeswax;
• Paraffin;
• Stearin;
• Wicks;
• Powder or granule Arabic gum;
• Modified starch received from others;
• Pigments or coloring;
• Oils;
• Other waxes;
• Resins;
• Detergents;
• Methanol;
• Solvents;
• Water;
• Ground chalk;
• Limestone;
• Calcite;
• Preservatives.
Equipment includes, but is not limited to:
• Weighing and measuring scales;
• Mixers;
• Stoves;
• Molding apparatus;
• Automatic filing, labeling, and packaging machines;
• Forklifts;
• Delivery trucks.
Exclusions:
• The production of raw materials used to manufacture listed products.
• Worker hours engaged in glue manufacturing from animal substances are reported separately in classification 4301.
Note:
For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3701-27 Hazardous/toxic material: Repackaging for disposal
Applies to:
Businesses engaged in identifying and repackaging hazardous/toxic materials for disposal.
Note:
This class is distinguished from classification 4305-20, in that classification 3701-21 applies to the identifying and repackaging for disposal of such materials as drugs, pesticides, chemicals, and toners that contain toxic or hazardous materials, while classification 4305-20 includes the processing or handling of such materials as medical or septic tank waste, drug lab or hazardous spill cleanup, and reprocessing or handling of low-level radioactive materials.
Work activities include, but are not limited to:
• Visual inspection of materials.
• Sending sample of materials to lab for analysis.
• Identifying components of material.
• Labeling of containers, by appropriate groupings.
• Materials are put into drums with protective material to prevent breakage.
• Complete paperwork required by various governmental agencies.
• Transport of material to disposal site.
• Lab analysis - Businesses may have their own lab facilities or may send to outside lab.
Protective clothing and equipment includes:
• Respirators;
• Steel toed boots;
• Protective gloves;
• Safety glasses;
• Protective clothing.
Exclusions:
• Worker hours engaged in hazardous/toxic materials processing or handling, including processing of medical or septic tank waste, drug lab or hazardous spill cleanup, reprocessing or handling of low-level radioactive materials must be reported separately in classification 4305-20.
• Worker hours engaged in the replacement of nontoxic toner in cartridges used in business machines are reported separately in classification 4107.
Note:
For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
AMENDATORY SECTION(Amending WSR 10-05-109, filed 2/17/10, effective 4/1/10)
WAC 296-17A-3902Classification 3902.
((3902-00 Fruit and vegetable: Cannery and freezer operations
Applies to establishments engaged in fruit and vegetable canning or freezing operations for wholesale customers. Operations contemplated by this classification include the receipt of fruit and vegetables directly from growers or dealers, preparing produce for canning by removing foreign materials such as leaves or weeds, washing, sterilizing, grading, peeling, slicing, coring, blanching, scalding and precooking, premeasuring, mixing them in a hopper with sugar or other ingredients, and further processing into canned or frozen products. Pea vining, when performed by employees of a cannery, is also included in this classification.
This classification excludes establishments engaged in evaporating, preserving or dehydrating fruits and vegetables which are to be reported separately in classification 3902-01; establishments engaged in manufacturing fruit juice, cider, jam or jelly which are to be reported separately in classification 3902-02; establishments engaged in packing fresh vegetables and fruits which are to be reported separately in classification 2104; and pea vining when done by employees of farm operations or farm labor contractors which is to be reported separately in the applicable farm classification.
3902-01 Fruit and vegetable: Evaporating, preserving or dehydrating
Applies to establishments engaged in evaporating, preserving, or dehydrating fruits and vegetables for wholesale customers. Operations contemplated by this classification include the receipt of fruit and vegetables directly from growers or dealers, washing, peeling, cooking, pressing fruits and vegetables by machine, adding preservatives and congealants, pasteurizing, then dehydrating, drying, or evaporating to remove the moisture which preserves the fruits and vegetables and leaves only the dry, solid portion. Finished products are packaged in cans, plastic bags, or boxes for shipping.
This classification excludes establishments engaged in canning or freezing of fruits and vegetables which are to be reported separately in classification 3902-00; establishments engaged in manufacturing fruit juice, cider, jam or jelly which are to be reported separately in classification 3902-02; establishments engaged in packing fresh vegetables and fruits which are to be reported separately in classification 2104; and farm operations which are to be reported separately in the applicable farm classification.
3902-02 Fruit syrup or juice, cider, jam or jelly: Manufacturing
Applies to establishments engaged in the manufacture of fruit syrup, juice, cider, jam, or jelly. Operations contemplated by this classification include the receipt of fruit directly from growers or dealers, washing, peeling, and cooking the fruit, extracting juice and separating seeds from pulp with fruit presses or separators, adding sugars, congealants and preservatives, pasteurizing, blending juices to produce a variety of flavors, and further processing to produce bottled, canned, or concentrate products.
This classification excludes establishments engaged in canning or freezing of fruits and vegetables which are to be reported separately in classification 3902-00; establishments engaged in evaporating, preserving or dehydrating fruits and vegetables which are to be reported separately in classification 3902-01; and farm operations which are to be reported separately in the applicable farm classification.
3902-11 Chocolate, cocoa, corn products: Manufacturing
Applies to establishments engaged in the manufacture of cocoa or chocolate such as Dutch or sweet chocolate or of corn products such as, but not limited to, tortillas. Operations contemplated by this classification include receipt of corn and cocoa beans from growers or dealers, processing operations, testing, packaging and shipping. Foreign matter is removed from the cocoa beans and they are sorted, divided, cleaned, and roasted in ovens. Shells are cracked, usually by machines, and the beans examined to ensure quality. Depending on the products being manufactured, beans may be pasteurized, ground, further dried, mixed with chocolate liquor, sugar, powdered milk, cocoa butter, or potassium solutions to make into finished products. Depending on the corn product being made, ingredients are pressed, kneaded, cut, shaped or flattened, and baked or cooked.
This classification excludes establishments engaged in the manufacture of crackers, potato chips, ravioli, tamale, and pasta, or chocolate candy and confections which are to be reported separately in classification 3906, and farm operations which are to be reported separately in the applicable farm classification.
3902-12 Baking powder, dextrine, glucose and starch: Manufacturing
Applies to establishments engaged in the manufacture of baking powder, dextrine, glucose and starch. Operations contemplated by this classification include the receipt of vegetables and grains, such as, but not limited to, potatoes, corn, and wheat from growers or dealers, processing operations, testing, storing finished products in storage tanks, packaging into drums or cans, and shipping. Vegetables or grains are cleaned, sorted, and foreign matter removed. They are dumped onto conveyors and transported to grinding machines where they are ground into a starch paste. Water may be added to make liquid starch or starch milk or dryers may remove excess moisture. Starch blends may be made from raw starch suspensions using chemical solutions. Shakers remove bran, gluten or other particles from the starch suspension. Dextrine is made by further mixing the starch with dextrine paste, adding chemicals, cooking and stirring until the starch is converted to dextrine. Baking powder is made by mixing baking soda, starch, and an acid compound such as cream of tartar.
This classification excludes establishments engaged in the manufacture of food sundries not covered by another classification which are to be reported separately in classification 3902-14 and farm operations which are to be reported separately in the applicable farm classification.
3902-13 Nut shelling, egg breaking, coconut shredding and peanut handling
Applies to establishments engaged in nut shelling, egg breaking, coconut shredding, and peanut handling. Nuts are received from suppliers in bulk and placed into machinery which cracks shells and separates broken shells from the nut meat. Another machine sorts whole nut meats from those that are chipped, broken, or contaminated. At each machine, nuts are examined for rejects, and foreign matter is removed with a vacuum hose or by hand. They may be chopped, sliced, or left whole, then poured from the machines into sacks or containers. The meats of certain nuts, such as almonds, may be ground into meal, then canned for shipment. This classification also includes the grading and polishing of nuts, and shredding of coconuts. Egg breaking machines break eggs and separate the yolk from the white. They are observed for color, quantity, and clarity; inferior yolks or whites are discarded prior to being automatically dropped onto separator trays with individual cups. Eggs may then be mixed with water, pasteurized or dried prior to packaging.
This classification excludes establishments engaged in the manufacture of oils which are to be reported separately in classification 3902-27 and establishments engaged in the manufacture of food sundries which are to be reported separately in classification 3902-14.
3902-14 Food sundries, N.O.C.: Manufacturing or processing
Applies to establishments engaged in the manufacture of a variety of miscellaneous food products not covered by another classification (N.O.C.). Products include, but are not limited to, imitation crab, spices, peanut butter, condiments, salsa, salad dressings, mayonnaise, soups, tofu, instant potatoes, salads and certain ready-to-eat dishes that are usually sold to wholesale distributors. This classification also applies to the grinding and roasting of coffee beans. Operations contemplated by this classification include the receipt of raw ingredients from growers or dealers, processing operations, testing, quality control, laboratory operations, packaging and shipping. Individual processes, which vary depending on the product being manufactured, include, but are not limited to, cleaning, dividing, grinding, mixing, blending with other ingredients, cooking, cooling, dividing again into desired portions, and packaging. The products are packaged in plastic bags, bottles, or cans, usually by machine. Some products require vacuum sealing, pasteurizing, or freezing.
This classification excludes establishments engaged in the manufacture of crackers, potato chips, ravioli, tamale, pasta, cough drops, confectionery, and chewing gum which are to be reported separately in classification 3906 and farm operations which are to be reported separately in the applicable farm classification.
3902-15 Pickles and sauerkraut: Manufacturing
Applies to establishments engaged in the manufacture of pickles and sauerkraut. Operations contemplated by this classification include the receipt of produce from growers or dealers, processing operations, testing, laboratory operations, packaging and shipping. Produce, such as cucumbers and cabbage, is cleaned, cut, chopped and placed in barrels, vats, or tanks of brine (a mixture of salt, sugar, spices, vinegar) until cured. At the end of curing period, product may be packed into glass jars, plastic bags, or cans. This classification also applies to the pickling of fruits or vegetables such as, but not limited to, tomatoes, peppers, and asparagus.
This classification excludes establishments engaged in canning or freezing of fruits and vegetables which are to be reported separately in classification 3902-00; establishments engaged in evaporating, preserving or dehydrating fruits and vegetables which are to be reported separately in classification 3902-01; establishments engaged in packing fresh vegetables and fruits which are to be reported separately in classification 2104; and farm operations which are to be reported separately in the applicable farm classification.
3902-17 Pet food: Manufacturing
Applies to establishments engaged in the manufacture of frozen or canned pet foods. Operations contemplated by this classification include the receipt of raw ingredients, processing operations, packaging and shipping. After bones and foreign matter are removed, raw ingredients are cleaned and ground. Depending on the product, various ingredients such as, but not limited to, animal meat and fat, fish by-products, cornmeal, soybean meal, ground wheat, rice, poultry, yeast, whey, salt, acids, chemicals, minerals, vitamins, water, or oil are mixed in large vats either by machine or by hand. Mixture is frozen or baked, dried, and packed into cans.
This classification excludes establishments engaged in the manufacture of dry pet food using a milling process which is to be reported separately in classification 2101 and farm operations which are to be reported separately in the applicable farm classification.
3902-24 Breakfast food: Manufacturing
Applies to establishments engaged in the manufacture of breakfast foods such as cereals or breakfast bars. Operations contemplated by this classification include the receipt of ingredients, processing operations, quality control, laboratory operations, packaging, and shipping. Flour, meal, or milled grains such as, but not limited to, corn, oats, barley, wheat, and nuts are mixed with other ingredients, formed into a dough, rolled out and extruded into flakes or other shapes. Pressure cylinders may be used to expand or puff whole grains. Cereals may be sifted through screens to check for size, color, and uniformity or otherwise tested for quality, then baked or dried in bulk prior to packaging.
This classification excludes establishments engaged in the manufacture of wholesale bakery goods which are to be reported separately in classification 3906; establishments engaged in milling or grinding operations which are to be reported separately in classification 2101; and farm operations which are to be reported separately in the applicable farm classification.
3902-26 Poultry canning and canneries, N.O.C.
Applies to establishments engaged in canning poultry or canning operations not covered by another classification (N.O.C.). Operations contemplated by this classification include the receipt of poultry or other products, processing operations, quality control, laboratory operations, packaging, and shipping. The process includes, but is not limited to, washing, cutting or chopping, and cooking poultry or other foods items. Preservatives or flavorings may be added before product is sealed in cans or jars.
This classification excludes establishments engaged in canning or freezing fruits or vegetables which are to be reported separately in classification 3902-00 and establishments engaged in canning or dehydrating meat products which are to be reported separately in classification 4301.
3902-27 Vegetable oil or butter substitutes: Manufacturing
Applies to establishments engaged in the manufacture of salad or vegetable oils, shortening, margarine or other butter substitutes. Operations contemplated by this classification include the receipt of seeds or beans from growers or through dealers, processing operations, quality control, laboratory operations, packaging and shipping. To make oils, soybeans, cottonseeds, safflower seeds, or shelled corn is cracked, ground, milled, steam cooked, and pressed to extract the oil. Depending on the product being made, other ingredients such as water, milk, powdered milk or salt may be blended with the oil, then heated, filtered, and filled into cans or bottles. To make shortening or butter substitutes, flavoring, catalytic agents, and chemicals are added to harden the oils; some products are kneaded to spread the coloring uniformly; then they are packaged in cans, plastic containers, or wrapped in plastic or foil. Machinery includes, but is not limited to, grinders, screens, presses, extractors, dryers, and conveyors.
This classification excludes establishments engaged in the manufacture of "real" butter which are to be reported separately in classification 3902-28 and farm operations which are to be reported separately in the applicable farm classification.
3902-28 Dairy products: Bottling or manufacturing
Applies to establishments engaged in the bottling or manufacture of dairy products such as, but not limited to, bottled liquid or dried products derived from milk, butter, natural or processed cheeses, prepared products such as custard, dips or spread, whipped toppings, ice cream, ice cream mixes, and sherbet. Raw milk is received from suppliers and may go through heat treating, pasteurizing, cooling, and separators which adjust fat content by skimming the milk or adding cream, then pumping into vessels or vats. Additives, preservatives, flavorings, enzymes, or lactic acid may be added depending on the product being made. Further processing to manufacture cheese and other prepared dairy foods may include, but not be limited to, mixing, draining, pressing, spray drying, aging, cutting, and shredding. Product may be bottled or otherwise packaged for shipment.
This classification excludes establishments primarily engaged in the manufacture of dairy-based salad dressings which are to be reported separately in classification 3902-14 and dairy cattle farming operations which are to be reported separately in classification 7301.))
This classification includes the receipt of raw materials from growers or dealers, processing operations, quality control, lab testing, warehousing, packaging, shipping, and pickup and delivery when performed by employees in connection with the business operations.
Note:
For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3902-00 Fruit and vegetable: Cannery and freezer operations; fruit syrup or juice, cider, jam or jelly: Manufacturing
Applies to:
Businesses engaged in fruit and vegetable canning or freezing operations for wholesale customers; and
Businesses engaged in the manufacture of fruit syrup, juice, cider, jam, or jelly.
Ingredients used include, but are not limited to:
• Various fruits and vegetables or juices;
• Sugars and sweeteners;
• Coagulants;
• Preservatives.
Work activities include, but are not limited to:
• Removing foreign materials such as leaves or weeds;
• Washing;
• Sterilizing;
• Grading;
• Peeling;
• Slicing;
• Coring;
• Blanching or scalding;
• Cooking;
• Measuring;
• Mixing;
• Extracting juice;
• Separating seeds from pulp with fruit presses or separators;
• Pasteurizing;
• Further processing to produce bottled, canned, frozen, or concentrate products; and
• Pea vining, when performed by employees of a cannery, is also included in this classification.
Machinery and equipment include, but are not limited to:
• Conveyors;
• Extractors;
• Mixers;
• Ovens;
• Pasteurizers;
• Pressers;
• Separators;
• Shakers;
• Shredders;
• Sorters;
• Storage tanks; and
• Vats.
Exclusions:
• Preserving or dehydrating fruits and vegetables are classified in 3902-01;
• Packing fresh vegetables and fruits is classified in 2104; and
• Pea vining when done by employees of farm operations or farm labor contractors is classified in the applicable farm classification.
3902-01 Fruit and vegetable: Evaporating, preserving or dehydrating
Applies to:
Businesses engaged in evaporating, preserving, or dehydrating fruits and vegetables for wholesale customers.
Ingredients include, but are not limited to:
• Various fruits and vegetables;
• Sugars and sweeteners;
• Coagulants;
• Preservatives.
Work activities include, but are not limited to:
• Washing;
• Peeling;
• Cooking;
• Pressing fruits and vegetables by machine;
• Adding preservatives and congealants;
• Pasteurizing;
• Dehydrating;
• Drying;
• Evaporating; and
• Packaging in cans, plastic bags, or boxes.
Machinery and equipment include, but are not limited to:
• Conveyors;
• Extractors;
• Mixers;
• Ovens;
• Pasteurizers;
• Pressers;
• Separators;
• Shakers;
• Shredders;
• Sorters;
• Storage tanks;
• Vats; and
• Vacuum hoses.
Exclusions:
• Canning or freezing fruits and vegetables and manufacturing fruit juice, cider, jam or jelly are classified in 3902-00;
• Packing fresh vegetables and fruits is classified in 2104; and
• Farm operations are reported in the applicable farm classification.
3902-11 Miscellaneous foods: Manufacturing
Applies to:
Businesses engaged in the manufacture of a variety of products.
Products manufactured include, but are not limited to:
• Cocoa or chocolate;
• Corn products such as, but not limited to, tortillas;
• Baking powder, dextrine, glucose, and starch made from vegetables and grains;
• Shelled nuts;
• Egg products made by using egg cracking machines;
• Pickles, sauerkraut, pickled fruits and vegetables;
• Pet food (frozen or canned);
• Breakfast foods made from flour, meal, or milled grains; and
• Vegetable oil or butter substitutes made from seeds or beans.
Processes used include, but are not limited to:
• Cocoa or chocolate, such as Dutch or sweet chocolate, are made by removing foreign matter from cocoa beans, sorting, dividing, and roasting in ovens. Shells are usually cracked by machines, and beans examined to ensure quality. Depending on the products, beans may be pasteurized, ground, further dried, mixed with chocolate liquor, sugar, powdered milk, cocoa butter, or potassium solutions to make into finished products;
• Corn products such as, but not limited to, tortillas. Depending on the corn products made by ingredients are pressed, kneaded, cut, shaped or flattened, and baked or cooked;
• Baking powder, dextrine, glucose, and starch are made from vegetables and grains, such as, but not limited to, potatoes, corn, and wheat are cleaned, sorted, and foreign matter removed; dumped onto conveyors and transported to grinding machines where they are ground into a starch paste. Water may be added to make liquid starch or starch milk or dryers may remove excess moisture.
- Starch blends may be made from raw starch suspensions using chemical solutions. Shakers remove bran, gluten, or other particles from the starch suspension;
- Dextrine is made by further mixing starch with dextrine paste, adding chemicals, cooking and stirring until the starch is converted to dextrine;
- Baking powder is made by mixing baking soda, starch, and an acid compound such as cream of tartar;
• Shelled nuts are placed into machinery which cracks shells and separates broken shells from the nut meat, then another machine sorts whole nut meats from those that are chipped, broken or contaminated. At each machine, nuts are examined for rejects, and foreign matter is removed with a vacuum hose or by hand. Nuts may be chopped, sliced, or left whole, then poured from the machines into sacks or containers. The meats of certain nuts, such as almonds, may be ground into meal, then canned for shipment. Also included is the grading and polishing of nuts, and coconut shredding;
• Egg products are made by using egg cracking machines that break eggs and separate the yolk from the white. Eggs are observed for color, quantity, and clarity; inferior yolks or whites are discarded before being automatically dropped onto separator trays with individual cups. Eggs may then be mixed with water, pasteurized or dried before packaging;
• Pickles, sauerkraut, pickled fruits and vegetables are made by cleaning, cutting, chopping and placing in barrels, vats, or tanks of brine (a mixture of salt, sugar, spices, vinegar) until cured. At the end of the curing period, product may be packed into glass jars, plastic bags, or cans;
• Pet food (frozen or canned) is made by removing bones then cleaning and grinding raw ingredients. Depending on the product, various ingredients include, but not limited to, animal meat and fat, fish by-products, cornmeal, soybean meal, ground wheat, rice, poultry, yeast, whey salt, acids, chemicals, minerals, vitamins, water, or oil and are mixed in large vats either by machine or by hand. The mixture is frozen or baked, dried, and packed into cans;
• Breakfast foods are made from flour, meal, or milled grains, such as, but not limited to, corn, oats, barley, wheat, and nuts mixed with other ingredients, formed into a dough, rolled out and extruded into flakes or other shapes. Pressure cylinders may be used to expand or puff whole grains. Cereals may be sifted through screens to check for size, color, and uniformity then baked or dried in bulk before packaging; and
• Vegetable oil or butter substitutes are made from seeds or beans, such as soybeans, cottonseeds, safflower seeds, or shelled corn which is cracked, ground, milled, steam cooked, and pressed to extract the oil. Depending on the product being made, other ingredients such as water, milk, powdered milk or salt may be blended with the oil, then heated, filtered, and filled into cans or bottles. To make shortening or butter substitutes, flavoring, catalytic agents, and chemicals are added to harden the oils; some products are kneaded to spread the coloring uniformly, then packaged into cans, plastic containers, or wrapped in plastic or foil.
Work activities include, but are not limited to:
• Removing foreign matter from raw product;
• Sorting;
• Dividing;
• Cleaning;
• Cooking;
• Pasteurizing;
• Grinding;
• Mixing;
• Pressing;
• Kneading;
• Cutting;
• Shaping;
• Flattening;
• Baking;
• Cooking;
• Storing.
Machinery and equipment include, but are not limited to:
• Choppers;
• Conveyors;
• Dryers;
• Egg breakers;
• Extruders;
• Extractors;
• Grinders;
• Mixers;
• Nut crackers;
• Pasteurizers;
• Presses;
• Pressure cylinders;
• Sack makers;
• Screens;
• Separators;
• Shakers;
• Shredders;
• Sorters;
• Storage tanks;
• Vats; and
• Vacuum hoses.
Exclusions:
• Manufacturing crackers, potato chips, ravioli, tamale, and pasta, or chocolate candy and confections are classified in 3906;
• Farm operations are classified separately in the applicable farm classification;
• Manufacturing food sundries not covered by another classification are classified in 3902-14;
• Canning or freezing of fruits and vegetables are classified in 3902-00;
• Evaporating, preserving or dehydrating fruits and vegetables which are classified in 3902-01;
• Packing fresh vegetables and fruits are classified in 2104;
• Milling or grinding operations; and those that manufacture dry pet food using a milling process, are classified in 2101;
• Manufacturing wholesale bakery goods is classified in 3906; and
• Manufacturing "real" butter classified in 3902-28.
3902-14 Food sundries, N.O.C.: Manufacturing or processing
Applies to:
Businesses engaged in the manufacture of a variety of food products not covered by another classification (N.O.C.).
Products manufactured include, but are not limited to:
• Imitation crab;
• Spices;
• Peanut butter;
• Condiments;
• Salsa;
• Salad dressings;
• Mayonnaise;
• Soups;
• Tofu;
• Instant potatoes;
• Salads and certain ready-to-eat dishes that are usually sold to wholesale distributors; and
• Grinding and roasting of coffee beans.
Work activities include, but are not limited to:
• Cleaning;
• Dividing;
• Grinding;
• Roasting;
• Mixing;
• Blending with other ingredients;
• Cooking;
• Cooling;
• Dividing ingredients and product into desired portions;
• Packaging in plastic bags, bottles, or cans;
• Vacuum sealing;
• Pasteurizing; and
• Freezing.
Machinery and equipment include, but are not limited to:
• Conveyors;
• Extractors;
• Mixers;
• Ovens;
• Pasteurizers;
• Pressers;
• Separators;
• Shakers;
• Shredders;
• Sorters;
• Storage tanks; and
• Vats.
Exclusions:
• Manufacturing crackers, potato chips, ravioli, tamale, pasta, cough drops, confectionery, and chewing gum which are classified in 3906; and
• Farm operations are classified in the applicable farm classification.
3902-28 Dairy products: Bottling or manufacturing
Applies to:
Businesses engaged in the bottling or manufacture of dairy products.
Products manufactured include, but are not limited to:
• Bottled liquid or dried products derived from milk;
• Butter;
• Natural or processed cheeses; and
• Prepared products such as custard, dips or spread, whipped toppings, ice cream, ice cream mixes, and sherbet.
Work activities include, but are not limited to:
• Heat treating;
• Pasteurizing;
• Cooling;
• Separating;
• Pumping into vessels or vats;
• Adding preservatives, flavorings, enzymes, or lactic acid may be added depending on the product being made;
• Mixing;
• Draining;
• Pressing;
• Spray drying;
• Aging;
• Cutting;
• Shredding; and
• Bottling or other types of packaging.
Machinery and equipment used include, but are not limited to:
• Mixers;
• Coolers;
• Pasteurizers;
• Separators;
• Vats;
• Conveyors;
• Bottlers; and
• Packagers.
Exclusions:
• Manufacturing primarily dairy-based salad dressings is classified in 3902-14; and
• Dairy cattle farming operations are classified in 7301.
AMENDATORY SECTION(Amending WSR 15-02-060, filed 1/6/15, effective 7/1/15)
WAC 296-17A-4802Classification 4802.
4802-02 Farms: Berry
Applies to:
((Establishments engaged in raising berries of all types.
Work in this classification includes, but is not limited to:
• Preparing soil for new plants;
• Planting;
• Fertilizing;
• Weeding;
• Pruning canes;
• Cutting runners;
• Installing posts and wire supports;
• Tying vines;
• Machine harvesting of berries;
• Maintaining or installing sprinkler or irrigation systems.
Notes:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
• If all the conditions of the general reporting rules covering the operations of a secondary business are met, farms operating multiple retail locations, such as those found in parking lots of shopping centers or at farmer's markets, may qualify to have those activities reported separately.
What activities are not included in this classification?
• Fresh fruit packing operations (report in classification 2104);
• Canneries or freezer operations (report in classification 3902);
• Winery operations (report in classification 3702);
• Hand harvesting of berries (report in classification 4806); and
• Contractors hired by farm to install, repair or build any farm equipment or structures (report in the classification applicable to the work being performed).
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; and
• Generally the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors are to be reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are to be reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
4802-03 Farms: Bulb raising
Applies to:
Establishments engaged in raising flowers and plants for bulbs.
Work in this classification includes, but is not limited to:
• Work done in an open field or a greenhouse;
• Preparing soil for new plants;
• Planting;
• Fertilizing;
• Weeding;
• Dead heading;
• Cutting flowers;
• Subsequent grading, sorting, packing, and shipping of bulbs;
• Maintaining or installing sprinkler or irrigation systems;
• Machine digging and harvesting bulbs.
Notes:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
• If all the conditions of the general reporting rules covering the operations of a secondary business are met, farms operating multiple retail locations, such as those found in parking lots of shopping centers or at farmer's markets, may qualify to have those activities reported separately.
What activities are not included in this classification?
• Establishments engaged exclusively in the sale of fresh cut flowers and potted plants that are not involved in the cultivation of plants or flowers (report in classification 6404);
• Hand picking of bulbs (report in classification 4806); and
• Contractors hired by farm to install, repair or build any farm equipment or structures (report in the classification applicable to the work being performed).
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; and
• Generally the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors are to be reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are to be reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
4802-06 Picking of forests products, N.O.C.
Applies to:
Establishments engaged exclusively in picking forest products that are not covered by another classification (N.O.C.).
Work in this classification is limited to:
• Hand picking operations;
• Using hand-held cutting devices such as pruning shears or saws.
Typical crops:
Cedar boughs
Moss
Wild flowers
Cones
Mushrooms
 
Ferns
Tree bark
 
Holly
Wild berries
Special note:
• The farm labor contractor provision, as described in the general reporting rules, is not applicable to this classification as such establishments are not engaged in a farming operation;
• Properties from which products are harvested from may be owned or leased; and
• Operations not described above are to be reported separately in the classification applicable to the work being performed.
4802-11 Farms: Flower or vegetable seeds
Applies to:
Establishments engaged in raising flowers, flowering plants or vegetable plants for seed.
Work in this classification includes, but is not limited to:
• Preparing soil for new plants;
• Planting;
• Fertilizing;
• Weeding;
• Machine harvesting seeds;
• Drying of seeds;
• Cutting fresh flowers;
• Harvesting incidental fresh vegetables;
• Maintaining or installing sprinkler or irrigation systems;
• Subsequent grading, sorting, packing and shipping of seed.
Work may take place in an open field or a greenhouse.
Notes:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
• If all the conditions of the general reporting rules covering the operations of a secondary business are met, farms operating multiple retail locations, such as those found in parking lots of shopping centers or at farmer's markets, may qualify to have those activities reported separately.
What activities are not included in this classification?
• Fresh vegetable packing operations (report in classification 2104);
• Canneries or freezer operations (report in classification 3902);
• Establishments engaged exclusively in the sale of fresh cut flowers and potted plants but not involved in the cultivation of plants or flowers (report in classification 6404);
• Hand gathering of seeds where no hand-held cutting device is used (report in classification 4806);
• Establishments engaged exclusively in the sale of fresh vegetables but not involved in the cultivation of plants (report in classification 6403); and
• Contractors hired by farm to install, repair or build any farm equipment or structures (report in the classification applicable to the work being performed).
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; and
• Generally the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors are to be reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are to be reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
4802-12 Farms: Field vegetable crops - Mechanically harvested
Fresh market
Applies to:
Establishments engaged in raising field vegetable crops that are mechanically harvested.
Work in this classification includes, but is not limited to:
• Preparing soil for new plants;
• Planting;
• Fertilizing;
• Weeding;
• Pruning;
• Harvesting vegetables mechanically;
• Maintaining or installing sprinkler or irrigation systems.
Typical crops:
Carrots
Radishes
Table beets
Cucumbers
Rhubarb
Tomatoes
Green beans
Rutabagas
Turnips
Parsnips
Squash
 
Potatoes
Sweet corn
 
Notes:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
• If all the conditions of the general reporting rules covering the operations of a secondary business are met, farms operating multiple retail locations, such as those found in parking lots of shopping centers or at farmer's markets, may qualify to have those activities reported separately.
How is 4802-12 different from 4808 "Diversified field crops"?
Work in 4802 is generally associated with plantings in smaller quantities that result in continuous harvests throughout the season. For example, although corn is technically a grain crop, it is widely accepted as a vegetable crop when harvested for fresh market, cannery, or frozen food.
Work in 4808 is generally associated with vegetable crops that have a long growing season and are harvested when mature at the end of the season. These crops are left in the field to dry and are used as feed, flour, or cereal grain.
What activities are not included in this classification?
• Field vegetable crops harvested by hand (report in classification 4810);
• Fresh vegetable packing operations (report in classification 2104);
• Canneries or freezer operations (report in classification 3902); and
• Contractors hired by farm to install, repair or build any farm equipment or structures (report in the classification applicable to the work being performed).
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; and
• Generally the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors are to be reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are to be reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
4802-13 Farms: Flowers - Field growing
Farms: Florists - Cultivating or gardening
Applies to:
Establishments engaged in raising flowers and flowering plants for sale.
Work in this classification includes, but is not limited to:
• Preparing soil for new plants;
• Planting;
• Fertilizing;
• Weeding;
• Cutting fresh flowers;
• Maintaining or installing sprinkler or irrigation systems;
• Subsequent grading, sorting, packing and shipping of flowers;
• Incidental collection of flower seeds for use in future crops.
Growing may take place in an open field or a greenhouse.
Notes:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
• If all the conditions of the general reporting rules covering the operations of a secondary business are met, farms operating multiple retail locations, such as those found in parking lots of shopping centers or at farmer's markets, may qualify to have those activities reported separately.
What activities are not included in this classification?
• Establishments engaged exclusively in the sale of fresh cut flowers and potted plants but not involved in the cultivation of plants or flowers (report in classification 6404); and
• Contractors hired by farm to install, repair or build any farm equipment or structures (report in the classification applicable to the work being performed).
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; and
• Generally the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors are to be reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are to be reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.))
Businesses engaged in raising berries of all types.
Work activities include, but are not limited to:
• Preparing soil for new plants;
• Planting;
• Fertilizing;
• Weeding;
• Pruning canes;
• Cutting runners;
• Installing posts and wire supports;
• Tying vines;
• Machine harvesting of berries;
• Maintaining or installing sprinkler or irrigation systems.
Notes:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
• If all the conditions of the general reporting rules covering the operations of a secondary business are met, farms operating multiple retail locations, such as those found in parking lots of shopping centers or at farmer's markets, may qualify to have those activities reported separately.
• For rules on assigning in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
Typical crops:
• All types of mechanically harvested berries.
Exclusions:
• Worker hours or businesses engaged in fresh fruit packing operations must be reported separately in classification 2104;
• Worker hours or businesses engaged in canneries or freezer operations must be reported separately in classification 3902;
• Winery operations are classified in classification 3702;
• Hand harvesting of berries are classified in classification 4806; and
• Contractors hired by a farm to install, repair or build any farm equipment or structures report in the classification applicable to the work performed.
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 or fertilizing; and
• Work usually involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors are reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operator are reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
4802-03 Farms: Bulb raising, flower or vegetable seeds, floral grow operations - Florists - Cultivating or gardening
Applies to:
Businesses engaged in raising flowers, plants for bulbs, raising flowers or vegetable plants for seed, or in raising flowering plants for sale.
Work activities include, but are not limited to:
• Work done in an open field or a greenhouse;
• Preparing soil for new plants;
• Planting;
• Fertilizing;
• Weeding;
• Machine harvesting of seeds;
• Drying of seeds;
• Dead heading;
• Cutting fresh flowers;
• Cutting incidental fresh vegetables;
• Subsequent grading, sorting, packing, and shipping of bulbs;
• Maintaining or installing sprinkler or irrigation systems;
• Machine digging and harvesting bulbs;
• Subsequent grading, sorting, packing, and shipping of seed or fresh flowers or plants.
Notes:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
• If all the conditions of the general reporting rules covering the operations of a secondary business are met, farms operating multiple retail locations, such as those found in parking lots of shopping centers or at farmer's markets, may qualify to have those activities reported separately.
Typical crops:
• Flowers, mechanically harvested;
• Flower bulbs or any type of bulb, mechanically harvested;
• Flower seeds, mechanically harvested;
• Vegetable seeds, mechanically harvested.
Exclusions:
• Worker hours or businesses engaged in fresh vegetable packing operations must be reported separately in classification 2104.
• Worker hours or businesses engaged in canneries or freezer operations must be reported separately in classification 3902.
• Businesses engaged exclusively in the sale of fresh cut flowers and potted plants that are not involved in the cultivation of plants or flowers are classified in classification 6404.
• Hand picking of bulbs or hand harvesting of flowers are classified in classification 4806.
• Hand gathering of seeds where no handheld cutting device is used is classified in classification 4806.
• Contractors hired by a farm to install, repair or build any farm equipment or structures are not farm labor contractors and must be reported in the classification applicable to the work being performed.
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 or fertilizing; and
• Generally, the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors report in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
4802-06 Picking of forest products, N.O.C.
Applies to:
Businesses engaged exclusively in picking forest products that are not covered by another classification (N.O.C.).
Work activities include, but are not limited to:
• Hand picking operations;
• Using handheld pruning shears or saws;
• The farm labor contractor provision, as described in the general reporting rules, is not applicable to this classification as such establishments are not engaged in a farming operation;
• Properties from which products are harvested from are owned or leased; and
• Operations not described above report separately in the classification applicable to the work performed. (For example, if an employee harvests cedar boughs from the woods, the employee is reported in classification 4802-06.)
Typical crops:
• Cedar boughs;
• Cones;
• Ferns;
• Holly;
• Moss;
• Mushrooms;
• Tree bark;
• Wild berries;
• Wild flowers.
4802-12 Farms: Field vegetable crops - Mechanically harvested for fresh market
Applies to:
Businesses engaged in raising field vegetable crops that are mechanically harvested.
Work activities include, but are not limited to:
• Preparing soil for new plants;
• Planting;
• Fertilizing;
• Weeding;
• Pruning;
• Harvesting vegetables mechanically;
• Maintaining or installing sprinkler or irrigation systems.
Notes:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
• If all the conditions of the general reporting rules covering the operations of a secondary business are met, farms operating multiple retail locations, such as those found in parking lots of shopping centers or at farmer's markets, may qualify to have those activities reported separately.
Typical crops:
• Carrots;
• Cucumbers;
• Green beans;
• Parsnips;
• Potatoes;
• Radishes;
• Rhubarb;
• Rutabagas;
• Squash;
• Sweet corn;
• Table beets;
• Tomatoes;
• Turnips.
How is 4802-12 different from 4808 "Diversified field crops"?
Work in 4802 is generally associated with plantings in smaller quantities that result in continuous harvests throughout the season. For example, although corn is technically a grain crop, it is widely accepted as a vegetable crop when harvested for fresh market, cannery, or frozen food. Classification 4808 is generally associated with vegetable crops that have a long growing season and are harvested when mature at the end of the season. These crops are left in the field to dry and are used as feed, flour, or cereal grain.
Exclusions:
• Worker hours or businesses engaged in field vegetable crops harvested by hand must be reported separately in classification 4810.
• Worker hours or businesses engaged in fresh vegetable packing operations must be reported separately in classification 2104.
• Worker hours or businesses engaged in canneries or freezer operations must be reported separately in classification 3902.
• Contractors hired by farm to install, repair or build any farm equipment or structures are not farm labor contractors and must be reported in the classification applicable to the work performed.
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; and
• Generally, the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors are reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
AMENDATORY SECTION(Amending WSR 16-11-082, filed 5/17/16, effective 7/1/16)
WAC 296-17A-4808Classification 4808.
((4808-01 Farms: Diversified field crops - Not for fresh market
Applies to:
Establishments engaged in growing a variety of grain, vegetable, or grass crops during a single season.
Work in this classification includes, but is not limited to:
• Preparing soil for new crops;
• Planting;
• Fertilizing;
• Weeding;
• Harvesting;
• Grading;
• Sorting;
• Packing;
• Shipping of farm products grown subject to this classification;
• Maintaining or installing sprinkler or irrigation systems.
Typical crops:
Alfalfa
Garlic
Rye
Barley
Grain
Sugar beets (for sugar)
Beans, dry
Grass seed
Timothy
Clover
Grass hay
Wheat
Corn (dry, silage)
Peas, dry
 
Notes:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
• If all the conditions of the general reporting rules covering the operations of a secondary business are met, farms operating multiple retail locations, such as those found in parking lots of shopping centers or at farmer's markets, may qualify to have those activities reported separately.
• This classification differs from classification 4802 "Vegetable farm operations" in that vegetable crops in classification 4808 generally have a long growing season and are harvested upon reaching maturity at the end of the season. Vegetable crops grown in classification 4802 are generally planted so that harvesting will occur continuously over the season and in smaller quantities. Crops grown in classification 4808 are generally used as feed, flour, or cereal grains, as opposed to crops grown in classification 4802, which are used for fresh market, cannery or frozen foods.
What activities are not included in this classification?
• Fresh vegetable packing (report in classification 2104);
• Canneries or freezer operations (report in classification 3902);
• Employers growing only cereal grain crops, such as barley, corn, rye, or wheat (report in subclassification 4808-06);
• Establishments engaged exclusively in the sale of fresh vegetables but not involved in the cultivation of plants (report in classification 6403); and
• Contractors hired by farm to install, repair or build any farm equipment or structures (report in the classification applicable to the work being performed).
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; and
• Generally the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors are to be reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are to be reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
4808-02 Farms: Alfalfa, clover, and grass seed
Applies to:
Establishments engaged exclusively in raising alfalfa, clover, and grass crops for seed.
Work in this classification includes, but is not limited to:
• Preparing soil for crops;
• Planting;
• Fertilizing;
• Machine harvesting;
• Drying of seeds;
• Grading;
• Sorting;
• Packing and shipping of seeds;
• Maintaining or installing sprinkler or irrigation systems.
What activities are not included in this classification?
• Grading, sorting, and packaging seeds; or selling baled alfalfa or clover by establishments not engaged in growing operations (report in classification 2101);
• Establishments engaged exclusively in grain or seed storage that are not engaged in growing operations (report in classification 2007); and
• Contractors hired by farm to install, repair or build any farm equipment or structures (report in the classification applicable to the work being performed).
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; and
• Generally the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors are to be reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are to be reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
4808-04 Farms: Hay
Applies to:
Establishments engaged exclusively in raising hay, which includes, but is not limited to, grass hay, straw, clover, alfalfa, and timothy.
Work in this classification includes, but is not limited to:
• Raising of hay crops for seed;
• Preparing soil for crops;
• Planting;
• Fertilizing;
• Machine harvesting;
• Grading;
• Sorting;
• Drying of seeds;
• Packing and shipping of seeds;
• Maintaining or installing sprinkler or irrigation systems.
Note:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
What activities are not included in this classification?
• Grading, sorting, and packaging seeds, or selling baled hay by establishments not engaged in growing operations (report in classification 2101); and
• Contractors hired by farm to install, repair or build any farm equipment or structures (report in the classification applicable to the work being performed).
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; and
• Generally the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors are to be reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are to be reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
4808-06 Farms: Cereal grains
Applies to:
Establishments engaged in growing cereal grain crops.
Work in this classification includes, but is not limited to:
• Preparing soil for new crops;
• Planting;
• Fertilizing;
• Weeding;
• Harvesting;
• Grading;
• Sorting;
• Packaging and shipping of farm products grown subject to this classification;
• Maintaining or installing sprinkler or irrigation systems.
Note:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
Typical crops:
Barley
Rye
Corn
Wheat
What activities are not included in this classification?
• Contractors hired by farm to install, repair or build any farm equipment or structures (report in the classification applicable to the work being performed).
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; and
• Generally the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors to report in?
• Farm labor contractors are to be reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are to be reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
4808-07 Potato sorting and storage
Applies to:
Establishments engaged in storing potatoes in storage warehouses or cellars.
Work in this classification includes, but is not limited to:
• Sorting good potatoes from damaged ones, or from debris such as vines or rocks;
• Piling potatoes into storage area by size, and storing them until they are taken to processing or packaging plants;
• Sorting done in either the field or at a storage warehouse;
• Potato digging and piling when performed by employees of an employer who stores potatoes, but who is not engaged in growing potatoes.
What activities are not included in this classification?
• Fresh vegetable packing operations (report in classification 2104);
• Canneries or freezer operations (report in classification 3902);
• Potato chip manufacturing (report in classification 3906);
• Establishments engaged exclusively in the sale of fresh vegetables but not involved in the cultivation of plants (report in classification 6403); and
• Contractors hired by farm to install, repair or build any farm equipment or structures (report in the classification applicable to the work being performed).
Special note: The farm labor contractor provision is not applicable to this classification as such establishments are not engaged in a farming operation.
4808-08 Custom hay baling
Applies:
Exclusively to a specialist farm labor contractor engaged in mowing, turning, and baling hay owned by others.
Work in this classification includes:
• Incidental loading of hay onto trucks;
• Stacking of hay in barns or warehouses.
Special note: The farm labor contractor provision is not applicable to this classification as such establishments are not engaged in a farming operation.
4808-11 Custom farm services by contractor
Applies:
Exclusively to contractors engaged in supplying and operating agriculture machinery and equipment at their customers' locations.
Typical equipment used:
Boom loaders
Pickers
Reapers
Combines
Plows
Tractors
Fertilizer spreaders
Potato diggers
Work in this classification includes, but is not limited to:
• Preparing fields for crops;
• Planting;
• Cultivating crops;
• Fertilizing;
• Harvesting;
• This classification also includes seasonal agriculture produce hauling from the field to a processing or storage plant when performed by employees of an employer not engaged in the related farming operations associated with the crops being hauled.
What activities are not included in this classification?
• Contractors subject to this classification are generally not responsible for the overall care of the crops, but are merely hired to provide specified services, which involve the use of machinery and employee equipment operators;
• Hauling of agriculture produce from anywhere other than field to processing or storage plant is to be reported in classification 1102.))4808-01 Farms: Field crops - Not for fresh market
Applies to:
Businesses engaged in growing:
• Variety of grains, or vegetables (generally used as feed, flour, or cereal grains, as opposed to crops grown in classification 4802, which are used for fresh market, canning or frozen foods);
• Alfalfa, clover, timothy, straw, and other types of grass for hay or seed.
Work activities include, but are not limited to:
• Preparing soil for new crops;
• Planting;
• Fertilizing;
• Weeding;
• Machine harvesting;
• Drying of seeds;
• Grading;
• Sorting;
• Packing;
• Shipping of farm products grown subject to this classification;
• Maintaining or installing sprinkler or irrigation systems.
Machinery and equipment used include, but are not limited to:
• Balers;
• Combines;
• Fertilizer spreaders;
• Irrigation equipment;
• Seeding equipment;
• Tillers;
• Disk harrows;
• Tractors.
Typical crops:
• Alfalfa;
• Barley;
• Dry beans;
• Clover;
• Corn for silage;
• Garlic;
• Grass hay;
• Grass seed;
• Peas, dry;
• Rye;
• Straw;
• Sugar beets (for sugar);
• Timothy hay;
• Wheat.
Notes:
• Roadside stands are included in the farming classification when operated at or near the farm, even if a small stock of products not produced by the employer is also sold.
• If all the conditions of the general reporting rules covering the operations of a secondary business are met, farms operating multiple retail locations, such as those found in parking lots of shopping centers or at farmer's markets, may qualify to have those activities reported separately.
• This classification differs from classification 4802 "Vegetable farm operations" in that vegetable crops in classification 4808 generally have a long growing season and are harvested upon reaching maturity at the end of the season. Vegetable crops grown in classification 4802 are generally planted so that harvesting will occur continuously over the season and in smaller quantities. Crops grown in classification 4808 are generally used as feed, flour, or cereal grains, as opposed to crops grown in classification 4802, which are used for fresh market, canning or frozen foods.
Exclusions:
• Worker hours or businesses engaged in fresh vegetable packing must be reported separately in classification 2104.
• Worker hours or businesses engaged in cannery or freezer operations must be reported separately in classification 3902.
• Businesses engaged exclusively in the sale of fresh vegetables, but not involved in the cultivation of plants, are classified in classification 6403.
• Contractors hired by the farm to install, repair or build any farm equipment or structures, must report in the classification applicable to the work being performed.
• Grading, sorting, and packaging seeds; or selling baled hay (alfalfa, timothy, clover, etc.) by businesses that are not engaged in growing operations is classified in classification 2101.
• Businesses engaged exclusively in grain or seed storage that are not engaged in growing operations, are classified in classification 2007.
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; and
• Generally, the work involves manual labor tasks as opposed to machine operation.
What risk classification are farm labor contractors reported in?
• Farm labor contractors are to be reported in the classification that applies to the farm they are contracting with; and
• Contractors who provide both equipment or machinery and the machine operators are to be reported in classification 4808 "Custom farm services," as the process involved in operating machinery is the same regardless of the type of farm they are providing services to or the type of crop involved.
4808-07 Potato sorting and storage
Applies to:
Businesses engaged in storing potatoes in storage warehouses or cellars.
Work activities include, but are not limited to:
• Sorting good potatoes from damaged ones, or from debris, such as vines or rocks, either in the field or at a storage warehouse.
• Piling potatoes into storage area by size, and storing them until they are taken to processing or packaging plants.
• Sorting done in either the field or at a storage warehouse.
• Potato digging and piling when performed by employees of an employer who stores potatoes, but who is not engaged in growing potatoes.
Exclusions:
• Worker hours or businesses engaged in fresh vegetable packing operations, must be reported separately in classification 2104.
• Worker hours or businesses engaged in cannery or freezer operations, must be reported separately in classification 3902.
• Worker hours or businesses engaged in potato chip manufacturing, must be reported separately in classification 3906.
• Businesses engaged exclusively in the sale of fresh vegetables, but not involved in the cultivation of plants, are classified in classification 6403.
• Contractors hired by a farm to install, repair, or build any farm equipment or structures, must report in the classification applicable to the work being performed.
Special note: The farm labor contractor provision is not applicable to this classification because these businesses are not engaged in farming operations.
4808-11 Custom farm services (by contractor)
Applies to:
Contractors supplying and operating agriculture machinery and equipment at their customers' locations.
Work activities include, but are not limited to:
• Preparing fields for crops;
• Planting;
• Cultivating crops;
• Fertilizing;
• Harvesting;
• Mowing, turning and bailing hay;
• Incidental loading of hay onto trucks;
• Stacking of hay in barns or warehouses.
Note: This classification also includes seasonal agriculture produce hauling from the field to a processing or storage plant when performed by employees of an employer not engaged in the related farming operations associated with the crops being hauled.
Machinery and equipment used include, but are not limited to:
• Balers;
• Boom loaders;
• Combines;
• Fertilizer spreaders;
• Potato diggers;
• Seeding equipment;
• Spreaders;
• Tillers/disks;
• Tractors.
Exclusions:
• Contractors subject to this classification are generally not responsible for the overall care of the crops but are merely hired to provide specified services, which involve the use of machinery and employee equipment operators.
• Hauling of agriculture produce anywhere other than from the field to processing or storage plants is classified in classification 1102.
Special note: The farm labor contractor provision is not applicable to this classification because these businesses are not engaged in farming operations.
AMENDATORY SECTION(Amending WSR 17-03-109, filed 1/17/17, effective 4/1/17)
WAC 296-17A-0301Classification 0301.
Applies to:
Contractors engaged in the installation, service and repair of:
• Lawn type sprinkler systems;
• Agriculture sprinkler and irrigation systems, including above or below ground;
• New landscape construction or renovation projects;
• Invisible fence installation, which is used to confine animals within a given area;
• Paver stone installation projects such as, but not limited to: Driveways, walkways, patios and pool decks. Common types of pavers used include brick, concrete and stone.
Common methods of paver installation include:
- Interlocking concrete pavers, which are primarily sand set, but in some cases mortar set;
- Permeable interlocking concrete pavers, which are installed to help reduce stormwater runoff;
- Pedestal set pavers, when used for roof top decks and plaza areas to increase living space, or to meet certain environmental requirements (not acting as a roofing system).
Work contemplated by this classification includes, but is not limited to:
• Producing preliminary drawings of a landscape or renovation project;
• Identifying area of land to be covered, to determine size and amount of pipe and sprinkler heads needed for irrigation/sprinkler system install;
• Preparing the ground (may include tilling and spreading of top soils);
• Trenching;
• Burying wire in trench (invisible fencing);
• Connecting low voltage transmitter box for invisible fencing;
• Installing/repairing sprinkler systems;
• Planting trees, plants or shrubs;
• Planting or replacing grass from seed or sod;
• Installing ground cover material or plastic to retard weeds;
• Placing concrete borders;
• Installing concrete, brick or stone pavers to create walkways, pathways, pool decks, or patios.
Typical machinery includes, but is not limited to:
• Electric power tools;
• Fertilizer spreaders;
• Hand tools/rakes;
• Mowers;
• Small front end loaders;
• Tractors with till attachments;
• Trenchers;
• Wheelbarrows;
• Vibrating plow or pipe pulling machine.
This classification includes:
• Incidental construction of rockery, extruded concrete curbing, fences, ponds, walls, arbors, trellises and gazebos when performed by employee of a landscape contractor as part of a landscape contract.
- If these activities are conducted separately from a landscape contract and not part of a landscape project, they must be reported separately in the classification applicable to the work being performed.
• Incidental construction of walls and rockery performed by employees of a paver stone installation contractor as part of a paver installation contract.
- If these activities are conducted separately from a paver stone installation contract and not part of a paver stone project, they must be reported separately in the classification applicable to the work being performed.
Note:
Incidental work is a minor part of an overall project or contract.
Example: A ((paving))paver installation company creates the driveway, walkways, and patio at a residential home. The company finds that the lawn will slide onto the driveway unless a three foot tall retaining wall the length of the driveway is created. The creation of the retaining wall to protect the driveway is incidental to the ((paving))paver installation project and may be reported in 0301.
Excluded phases of work:
• Worker hours engaged in open canal type irrigation systems, which are classified in 0108.
• Worker hours engaged in maintenance and cleaning of lawn sprinkler system pipes and heads done in connection with a landscape maintenance contract which are classified in 0308.
• Worker hours engaged in grading, clearing, or contouring of land which are classified in 0101.
• Worker hours engaged in bulkheads not adjacent to water, or similar structures built of rock, which are classified in 0302.
• Worker hours engaged in installation or on-site maintenance of roofing materials composed of impermeable barriers, sod, soil, and plants, sometimes termed landscape roofing, living roofing, or vegetative roofing, which are classified in 0507.
• Worker hours engaged in paver installation on a roof by a roofing contractor, when acting as part of the roofing system, which are classified in 0507.
• Worker hours engaged in installation or maintenance of a landscape roofing irrigation system, which are classified in 0507.
• Worker hours engaged in lawn care maintenance or chemical spraying or fumigating which are classified in 0308.
Note:
For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
For administrative purposes, classification 0301 is divided into the following subclassifications:
0301-04 Lawn type sprinkler systems: Installation, service or repair
0301-06 Agricultural sprinkler/irrigation systems, N.O.C.: Installation, service or repair
0301-08 Landscape construction operations, N.O.C.
AMENDATORY SECTION(Amending WSR 07-12-047, filed 5/31/07, effective 7/1/07)
WAC 296-17A-1002Classification 1002.
1002-00 Sawmills: Operation and maintenance
Applies to establishments engaged in the operation and maintenance of a sawmill. Sawmills receive raw logs which they usually store temporarily in their yard before cutting them into rough and finished lumber. This classification includes operations such as, but not limited to, loading raw logs onto the conveyor or log slip; sawing logs with a variety of head, cut-off, circular or band saws; grading and sorting lumber; drying green (wet) lumber; and the stacking and storing of lumber. The raw logs are cut into rough lumber, such as cants and blocks, or into finished lumber, such as posts, planks or boards.
This classification excludes all operations conducted in the woods, such as logging or use of a portable sawmill, which is to be reported separately in classification 5001, and establishments engaged only in the manufacturing of wood, veneer, veneer products, or lumber remanufacturing which is to be reported separately in the classification applicable to the manufacturing being performed.
1002-08 Shake and shingle mills - Automated process
(to be assigned by classifications underwriter)
Applies to establishments operating an automated shake and shingle mill which manufacture shakes, shingles and/or ridge caps using automated processes. For purposes of this classification, automated processes refers to shake and shingle mills equipped with automatic feeders on all saws, adjustable packing and cutting stations, and fully automatic systems for conveying material to work stations. All equipment must be equipped with automatic shut off switches. Within a shingle mill the operation of a trim saw must be performed by an individual as a separate function from that of the shingle saw operator (shingle sawyer is not to perform both functions). Shake splitters must be equipped with a gauge control mechanism which permits the operator to automatically set the thickness of the cut. Conveyor systems must have dual controls to allow the deck man and sawyer the ability to control incoming material to the work station.
Block mills must be equipped with an automated pallet dump to eliminate the handling of material to the sawyer work station or an adjustable scissor lift adjacent to the shingle saw or shake splitter. Blocked wood purchased by mills must be contained in pallets prior to entering the mill yard or premises. Log mills must be equipped with a fully mechanized log slip (used to move logs into the deck area), log levelers, stabilizers, and lifters must be present in the deck area, automatic deck cut-off saw, live deck for moving material from the deck to the splitting area and overhead mounted splitters. Trim saws, also referred to as clipper saws, must be equipped with a laser guide or quartz light. This lighting reveals to the operator where its saw blade is in relationship to the material being processed.
For purposes of this classification, the following terms or words shall be given the meanings below:
Automatic deck or cut-off saw: A large saw, usually circular, used to trim logs to a specified length (rounds) before they enter a manufacturing plant.
Clipper saw: A machine used to make shingle edges parallel.
Shingle: Roofing or siding material having sawn faces and backs, are of a standard thickness at the butt end and tapered finish at the other end.
Shake: Roofing or siding material having at least one surface with a natural grain textured split surface.
Live deck: A chain driven platform located in the same proximity as the deck saw and is used to convey cut rounds from the cutting area to the splitting area.
Log stabilizer: A levered device adjacent to the deck saw used to hold the log steady while it is being cut.
Log slip: A chain driven conveyor used to move logs into the deck area.
Laser or quartz guide light: An overhead mounted light above a saw that illuminates that portion of a work surface where the saw blade will pass or make a cut.
Log leveler: A levered device adjacent to the deck saw used to level a log automatically.
Overhead splitter: A ceiling mounted hydraulic, air, or electrically operated apparatus with wedge shaped end that is used to split log rounds into block wood when activated by the splitterman.
Shingle saw: A machine used to make shingles.
Shake splitter: A machine used to split blocks into shake blanks.
Shake saw: A machine used to saw shake blanks into a finished wedged shaped product.
This classification excludes all operations conducted in the woods, such as logging or the cutting and splitting of shake or shingle bolts, which are to be reported separately in classification 5001.
Special notes: Shake and shingle mills not meeting all the conditions as set forth above shall be reported separately in classification 1005 "shake and/or shingle mills((, N.O.C))."
AMENDATORY SECTION(Amending WSR 15-02-060, filed 1/6/15, effective 7/1/15)
WAC 296-17A-1007Classification 1007.
1007-08 Geophysical exploration, N.O.C.
Applies to contractors engaged in geophysical exploration, with no core drilling, and without ((seismatic))seismic detection, who are not covered by another classification (N.O.C.). The more common methods of geophysical exploration are gravitational, electric and magnetic. In the gravitational method, delicate pendulums and torsion balances capable of detecting differences in the gravitational pull of the earth at various places enable the geologist to tell where oil is likely to be found. There are two electrical methods, resistivity and inductive. In the resistivity method, measurements are taken on an ohmmeter, which indicate the resistivity of the subsurface. The inductive method is somewhat comparable, but instead of determining the resistivity of the subsurface formations, the conductivity is measured enabling the geologist to determine the character of the subsurface being studied. The magnetic method is accomplished by means of a highly developed form of magnetic dipping needle with a telescope magnifier. The magnetic attraction exerted by magnetic rocks and formations causes the needle to deflect from its horizontal plane, thereby enabling a geologist to develop contour maps with lines of equal magnetic attraction. This classification includes prospectors who may specialize in particular instrumentation such as electrical, gravity, magnetic or seismic. The prospector studies structure of subsurface rock formations to locate petroleum deposits; conducts research using geophysical instruments such as seismograph, gravimeter, torsion balance, and magnetometer, pendulum devices, and electrical resistivity apparatus to measure characteristics of the earth; computes variations in physical forces existing at different locations and interprets data to reveal subsurface structures likely to contain petroleum deposits; and determines desirable locations for drilling operations. This classification includes prospecting for mineral ores and the testing of soil for percolation when performed by employees of an employer subject to this classification.
This classification excludes core drilling and seismic geophysical exploration which are to be reported separately in classification 0103, and geophysical crews employed by oil companies who are to be reported in the classification applicable to the business.
Special note: When assigning classifications 1007-08, 4901-16 - Geologists, and 0103-10 - Seismic geophysical exploration, care must be taken to look beyond the word "geologist" to determine the actual nature of the activities being performed.
1007-09 Testing and inspecting of pipelines or utility lines using radiographic, video, infrared thermography or X-ray analysis process by contractor at industrial plants or construction sites
Applies to establishments engaged in the testing or inspecting of pipelines, utility lines or conduits for others, provided the testing or inspecting is not performed in conjunction with the construction of the pipeline. This classification includes testing or inspecting involving radiographic, video, infrared thermography or X-ray analysis processes such as the X-raying of containers, inspecting of utility lines, and the drawing of oil samples on-site when performed by employees of an employer subject to this classification. Classification 1007-09 is assigned primarily to field activities.
This classification excludes testing or inspecting done in conjunction with construction which is to be reported separately in the appropriate construction classification.
1007-15 Inspection and grading bureaus, N.O.C.; log scaling and grading bureaus; lumber inspection services; weigh scale attendants, N.O.C.; weather stations; rainmaking - No aircraft; air flow/heat balancing and testing
Applies to establishments operating as inspection and grading bureaus, not covered by another classification (N.O.C.), including, but not limited to, those involved in inspecting and grading commodities such as logs, lumber, shingles, shakes, poles, and railroad ties. The commodity is examined and stamped with a grademark which indicates the grade, species, producer's name or number and other pertinent data. A certificate of inspection may be issued in lieu of a grademark. The purpose of the inspection is to grade, tally, and stamp only those products which meet certain required specifications and to cull those products which do not meet the established standards. Log scaling and grading bureaus measure the logs, and by applying log rule formulas, determine the net yield, usually expressed in board feet. A scale ticket containing descriptive data is attached to the end of the log. This classification also applies to weigh scale attendants not covered by another classification (N.O.C.), when the service is available to the general public, otherwise the weigh scale attendants are to be included in the basic classification of the business. This classification includes establishments engaged exclusively in such services as auto emission control testing, air flow balancing and testing, the balancing and testing of heating, ventilating and air conditioning systems, hydrostatic testing of such objects as boilers, tanks, pipes and fittings using compressed air or water pressure to detect leaks, the strength testing of building material such as, but not limited to, asphalt, concrete and steel; and the testing or inspecting of steel weldments. This classification also includes weather stations which observe and record weather conditions for use in forecasting, and which read weather instruments, including thermometers, barometers, and hygrometers to ascertain elements such as temperature, barometric pressure, humidity, wind velocity, and precipitation. Weather data is transmitted and received also from other stations. A fully automated (computerized) weather station can be reported under classification 4904. This classification also covers rainmaking without the use of aircraft.
1007-16 Foresters (to be assigned only by reforestation underwriter)
Applies to:
Foresters engaged in forest management.
Work in this classification includes, but is not limited to:
• Plan and direct forestation or reforestation projects;
• Map forest areas;
• Estimate standing timber, future growth, or manage timber sales;
• Plan cutting programs to assure continuous production of timber;
• Determine methods of cutting and removing timber with minimum of waste and environmental damage;
• Plan and design forest fire suppression and fire prevention programs;
• Plan and design construction of fire towers, trails, roads, and fire breaks;
• Design projects for control of floods, soil erosion, tree diseases, and insect pests;
• Perform tree auditing;
• Perform scientific, tree, forestry, and watershed studies for others; and
• Inspect precommercial thinning layouts or pruning operations.
What activities are not included in this classification?
• Tree auditing services while planting is in process (report in classification 5004); and
• Performing manual labor or direct supervision of manual laborers.
1007-19 Timber cruisers (to be assigned only by reforestation underwriter)
Applies to:
Timber cruisers engaged in cruising timber land to estimate the volume and quality of a timber stand through an on-site visual inspection.
Work in this classification includes, but is not limited to:
• Collecting data concerning forest conditions for appraisal, sales, administration, logging, land use, and forest management planning;
• Traversing forest area on foot in an established pattern and applying sampling technique;
• Recording in a test site the height and diameter of each tree and defects such as rot and bends, to estimate the useable wood in each tree;
• Preparing from data collected a summary report giving the timber types, sizes, condition and outstanding features of an area, such as existing roads, streams and communication facilities; and
• Marking trees with spray paint to denote trails and boundaries, or for cutting.
What activities are not included in this classification?
• Performing manual labor or direct supervision of manual laborers.
1007-21 Environmental and ecological surveyor services, N.O.C.
Applies to establishments engaged in providing environmental and ecological surveying services not covered by another classification (N.O.C.) for others. Environmental or ecological surveying firms typically serve as consultants to industrial or commercial enterprises, governmental agencies or private citizens. Environmental engineer is a term applied to engineering personnel who apply knowledge of chemical, civil, mechanical, or other engineering disciplines to preserve the quality of life by correcting and improving various areas of environmental concern, such as air, soil, or water pollution. Services include identifying and projecting potential environmental impact resulting from proposed projects, assessing the source, severity and extent of environmental damage resulting from human or natural causes, and recommending solutions to protect or regain the natural balance between organisms and their environment. Activities of environmental surveying/consulting establishments include, but are not limited to, locating archaeological sites for preservation, researching and collecting field data on birds and insects, preparing impact statement for landowners and developers, stream and fish monitoring, botanical surveys, wetland surveys, soil and groundwater testing for contamination, air monitoring including industrial hygiene services, monitoring and testing at hazardous waste sites, providing advice on pollution control at its source, and developing a plan for cleaning up already recognized problems such as waste disposal sites, radon or asbestos contamination. Other services provided may include helping clients develop a system for complying with various governmental regulations. This classification includes employees of the environmental surveying service who conduct field work as well as those who are assigned to act as project managers or project superintendents to oversee the work of remediation contractors.
This classification excludes all types of remediation work which is to be reported separately in the classification applicable to the type of remediation work being performed, and surveyors employed by construction companies or other types of businesses who are to be reported separately in the applicable classifications.
Special note: When assigning classifications 1007 or 4901, care must be taken to look beyond the words "consulting" or "engineering" to determine the actual nature of the activities being performed.
AMENDATORY SECTION(Amending WSR 07-12-047, filed 5/31/07, effective 7/1/07)
WAC 296-17A-1108Classification 1108.
1108-02 Glass tempering
Applies to establishments engaged in glass tempering services for others. Operations contemplated by this classification include glass cutting, bending, grinding, beveling, and silvering. Tools and equipment include metal and wood cutting tools and machinery, grinders, sanders, drills, saws, knives, suction cups, putty, caulking, cleaning solvents, forklifts, packing materials, delivery and service vehicles and tempering ovens. The process of glass tempering consists of taking auto or sheet glass which has been purchased from a glass manufacturer or distributor and placing it in a tempering oven. The oven heat realigns the molecular structure of the glass creating added strength, however, the appearance of the glass remains unchanged. This classification includes the sale of accessories for flat glass such as sealants, screening, aluminum frames for storm windows and doors, mirror backings, frames and glass cleaners.
This classification excludes establishments engaged in the installation of glass, mirrors, aluminum or wood window sashes or similar products away from the shop which are to be reported separately in classification 0511; establishments engaged in the manufacture of glass which is to be reported separately in classification 3503; merchants who specialize in selling or installing auto glass which is to be reported separately in classification 1108-04; glass merchants engaged exclusively in flat glass sales which are to be reported separately in classification 1108-03; and combined auto/flat glass merchants with no tempering which are to be reported separately in classification 1108-05.
1108-03 Flat glass merchants - No tempering
Applies to establishments engaged in receiving, storing and selling all types of fabricated glass and ((plexiglas))plexiglass. Glass products include, but are not limited to, window glass, plate glass, safety glass for automobiles, and mirrors. Work contemplated by this classification includes cutting of glass to customers specified dimensions, beveling, buffing, grinding, polishing, silvering of plate glass, and the installation of glass into frames within the shop or adjacent yard. Some dealers may specialize in cutting, selling or installing fabricated flat glass or they may also sell and install plate, laminated, window, cathedral, stained, bullet proof, opalescent flat, picture, skylight and tempered glass. Most glass dealers will cut glass to order. Tools and equipment include metal and wood cutting tools and machinery, grinders, sanders, drills, saws, knives, suction cups, putty, caulking, cleaning solvents, forklifts, packing materials, delivery and service vehicles. This classification includes the sale of accessories for flat glass such as sealants, screening, aluminum frames for storm windows and doors, mirror backings, frames and glass cleaners.
This classification excludes establishments engaged in the installation of glass, mirrors, aluminum or wood window sashes or similar products away from the shop which are to be reported separately in classification 0511; manufacturing of glass which is to be reported separately in classification 3503; glass merchants who perform glass tempering which are to be reported separately in classification 1108-02; and merchants who specialize in selling or installing auto glass which are to be reported separately in classification 1108-04.
1108-04 Auto glass merchants
Applies to establishments engaged in selling and installing automobile glass in vehicles. In addition to selling and installing new or replacement auto glass, merchants typically repair auto windshield cracks, scratches, bullseyes and breaks. Tools and equipment include metal and wood cutting tools, grinders, sanders, drills, saws, knives, windshield sticks, suction cups, putty, caulking, cleaning solvents, delivery and service vehicles. Solar tinting of auto glass with film to reduce heat and glare may also be performed, as well as selling and installing sun roofs. Auto glass merchants may offer 24-hour emergency service or pickup and delivery. Installation of auto glass, truck glass or boat tops performed in or away from the shop is included within the scope of this classification.
This classification excludes establishments engaged in the manufacturing of glass which are to be reported separately in classification 3503; tinting or the application of tinted plastic film to auto glass by an auto detailer which is to be reported separately in classification 3406; repairing auto windshield cracks, bullseyes and chips by an auto detailer which is to be reported in 3406; glass merchants who perform glass tempering which are to be reported separately in classification 1108-02; glass merchants exclusively dealing in flat glass which are to be reported in classification 1108-03; and combined auto/flat glass merchants with no tempering which are to be reported in classification 1108-05.
1108-05 Combined auto and flat glass merchants - No tempering
Applies to establishments engaged in receiving, storing and selling all types of fabricated glass and ((plexiglas))plexiglass as window glass, plate glass, safety glass for automobiles, mirrors and other types of glass at a permanent shop location or adjacent yard. Work contemplated by this classification includes cutting of glass to customers' specified dimensions, beveling, buffing, grinding, polishing, silvering of plate glass and the installation of glass into frames. Tools and equipment include metal and wood cutting tools and machinery, grinders, sanders, drills, saws, knives, suction cups, windshield sticks, putty, caulking, cleaning solvents, forklifts, packing materials, and delivery and service vehicles. A glass merchant performing the installation of glass in automobiles is also included within the scope of this classification; as are related services such as, but not limited to, repair of auto windshield cracks, scratches, bullseyes and breaks; in vehicle tinting of auto glass to reduce heat and glare; and installing sun roofs. Other dealers may specialize in cutting, selling or installing fabricated flat glass or they may also sell and install plate, laminated, window, cathedral, stained, bullet proof, opalescent flat, picture, skylight and tempered glass. Included within the scope of this classification is the sale of accessories for flat glass such as sealants, screening, aluminum frames for storm windows and doors, mirror backings, frames and glass cleaners.
This classification excludes establishments engaged in the installation of glass, aluminum or wood window sashes or similar products away from the shop which are to be reported separately in classification 0511; manufacturing of glass which is to be reported separately in classification 3503; tinting or the application of tinted plastic film to auto glass by an auto detailer which is to be reported separately in classification 3406; repairing auto windshield cracks, bullseyes and chips by an auto detailer which is to be reported in 3406; glass merchants who perform glass tempering which are to be reported separately in classification 1108-02; and flat glass merchants who do not sell or install auto glass which are to be reported separately in classification 1108-03.
1108-06 Glass frosting, etching, beveling or grinding
Applies to establishments engaged in shaping and finishing solid glass by cutting, frosting, etching, beveling, grinding, sandblasting, carving, glue chipping, decorating or grooving. Custom items manufactured in this classification include, but are not limited to, video game tops, glass signs, glass used in the assembly of electrical appliances such as microwave ovens, electronically controlled cabinets and display panels, and mirrors of all sizes. Machinery includes diamond or glass cutting saws, diamond or glass grinding wheels and discs, drills, polishing laps, etching tools and other hand tools. In the manufacture of mirrors, metallic solutions (usually silver), shellacs or varnishes, paints, and plate glass are received from outside sources. The glass is cut to size, ground, smoothed, and the edges may be beveled. Hole drilling, chemical etching, drying, buffing and polishing may be performed. Reflective surfaces are generally produced by pouring or spraying metallic solutions over prepared glass. Heavier coats are obtained by successive applications of the plating solution. After applying the plating solution, the mirrors are sprayed or hand brushed with shellac or varnish, then with paint. Frames, handles or similar finishings may be attached. Production manufacturing of insulated glass by sealing together two or more sheets of glass with an air space between them is also included when performed by employees of an employer subject to this classification.
This classification excludes the mining, digging or quarrying of raw materials which is to be reported separately in the applicable classification; glass merchants who do incidental grinding, beveling, silvering and cutting of glass who are to be reported separately in the classification applicable to the type of glass they specialize in; establishments manufacturing optical goods or telescopes, or perform precision grinding of blank or rough lenses which are to be reported separately in classification 6604; and establishments engaged in manufacturing stained or leaded glassware, or in melting or blowing glass which are to be reported separately in classification 3503.
AMENDATORY SECTION(Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-2008Classification 2008.
2008-01 Warehouses - Field bonded
Applies to establishments engaged in providing bonded warehouse services at the ((customers))customer's location. Field bonding involves appropriating a warehouse (or portion of one), that is owned by the customer, for the purpose of segregating and securing a portion of that customer's merchandise to be used as collateral for a bank loan. The field bonding company will catalog the merchandise that is involved in the transaction, issue a receipt (the receipt is presented as collateral for the loan), and ensure its security and value for the length of the contract. The field bonding company is not responsible for the maintenance of the facility and doesn't become involved in handling, moving or shipping the goods. Work contemplated by this classification is limited to employees who catalog the goods being held, security guards, and clerical help employed at the secured location.
This classification excludes drivers who are to be reported separately in classification 1102.
Special note: Traditional warehousing establishments (such as those described in classification 2102) may be "bonded" in that they can assure their customers that goods regulated by the Bureau of Alcohol, Tobacco and Firearms, or goods awaiting inspection by U.S. Customs, will remain secured. This type of bonding is similar in that it is an assurance of value and safekeeping, but differs from classification 2008 in that the goods are delivered to, and held at, the warehouse company's own facility.
AMENDATORY SECTION(Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-3101Classification 3101.
3101-05 Ready mix concrete dealers
Applies to establishments engaged in the mixing and delivery of ready mix concrete for all types of residential and commercial projects such as, but not limited to, foundations, walls, slabs, roadways, driveways, walkways, dams, bridges and swimming pools. Usually, these establishments operate a plant location with a supply of sand, gravel, pebbles, broken stones or slag, and various ingredients to produce bonding adhesives such as cement. The concrete is premixed at the plant location and loaded into a delivery truck, or the raw unmixed ingredients such as cement, sand, gravel, pebbles, broken stones and water are loaded into a concrete truck and mixed in a revolving or rotating drum in transit to the project site. The concrete is discharged from the drum with use of a metal ((shoot))chute or is transferred into the bed of a concrete pump truck for pumping. This classification includes ready mix dealers who operate concrete ready mix trucks and/or concrete pump trucks as part of the delivery service. This classification also includes the related sale of tools, equipment, and building materials such as bricks or concrete blocks((, and)). This classification also includes pit and crusher operations provided all sand and gravel produced is used by the dealer to manufacture concrete mix.
This classification excludes establishments engaged in the commercial production and/or digging of sand, gravel or stone not in connection with a ready mix dealer which is to be reported separately in classification 0112, and concrete pump truck services not in connection with a ready mix dealer which is to be reported separately in classification 3506.
AMENDATORY SECTION(Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-3102Classification 3102.
3102-04 ((Rock))Stone wool insulation: Manufacturing
Applies to establishments engaged in the manufacture of mineral wool insulation from siliceous materials such as, but not limited to, rock, slag, and glass, or combinations thereof. In a special furnace, hot air or steam is blown through molten rock or slag, shredding the material into a mass of fine intertwined fibers to form the wool. To produce fiberglass insulation material, molten glass is drawn at high speeds through orifices, then subjected to jets of high pressure steam which break the glass filaments into fine fibers. The final product, regardless of raw material, may be shipped in granules which are bagged, or formed into flat sheets, cut to size, enclosed in paper or foil, and packaged. Incidental rock, slag, and glass crushing operations are contemplated by this classification.
This classification excludes the digging or quarrying of raw materials which is to be reported separately in the classification appropriate to the work being performed, and the manufacture of asbestos products which is to be reported separately in classification 3104.
AMENDATORY SECTION(Amending WSR 19-17-069, filed 8/20/19, effective 10/1/19)
WAC 296-17A-3402Classification 3402.
((3402-00))3402-02 Pump, safe, scale, auto jack, water meter, air compressor and elevator: Manufacturing or assembly
Applies to:
Businesses that manufacture or assemble pumps, safes, scales, auto jacks, water meters, air compressors, and elevators and associated electronic components.
Work activities include, but are not limited to:
• Welding;
• Machining;
• General mechanical and electrical work;
• Assembly work.
Machinery and equipment used include, but are not limited to:
• Hand tools;
• Lathes;
• Mills;
• Drills;
• Grinders;
• Saws;
• Welders;
• Punches;
• Shears;
• Compression equipment;
• Pressure testers.
Note: Machinery/equipment could be manual or computer numeric controlled (CNC).
Materials used include, but are not limited to:
• Brass screws and rubber washers;
• Metals of all types, gauges, sizes, shapes and dimensions.
This classification includes the repair of items being manufactured or assembled when done by employees having operations subject to this classification. This is a shop or plant only classification and includes work performed in an adjacent yard when operated by an employer having operations subject to this classification.
Exclusions:
• Worker hours or businesses installing or repairing safes must be reported separately in classification 0607;
• Worker hours or businesses engaged in installing, servicing or repairing elevators must be reported separately in classification 0602;
• Worker hours or businesses installing pumps must be reported in the applicable classification;
• Activities away from the shop or plant must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-05 Machine shops, N.O.C., job shops, tool sharpening, mobile welding shops, storage battery manufacturing, assembly or repair, multimedia blasting, die casting, and heat treating metal
Applies to:
Businesses with general machine shop operations not covered by another class. This classification also applies to the manufacture, assembly or repair of storage batteries, tool sharpening, multimedia blasting, die-casting and heat-treating.
Work activities include, but are not limited to:
• Tool sharpening;
• Welding;
• Mobile welding shops;
• Machining;
• Multimedia blasting:
- Multimedia (such as, but not limited to, glass, plastic and sand) blasting operations which strip paint or other coatings from metal or fiberglass. Most of the blasting operations in this classification are done on automobiles, but it also applies to establishments that perform blasting on items such as, but not limited to, barbecue grills, and cast iron pieces. Multimedia blasting processes in this classification are performed in a shop, use less air pressure and media with softer finishes than other blasting operations.
• Die casting:
- Die-casting is a manufacturing process for producing accurately dimensioned, sharply defined metal products, which are referred to as "die castings." "Dies" are the steel molds used to mass-produce the product. The process begins when ingots of various metal alloys are melted in die casting machines. The machine forces the metal into the die under hydraulic or pneumatic pressure. The casting quickly solidifies in the die, and is automatically ejected by the machine, and the cycle starts again. The castings are cleaned by grinding or sanding, which also removes any excess metal "flash." Many die casting manufacturers maintain their own machine shop for making the dies. Die making, when done as a part of die casting operations, is included within the scope of this classification.
• Heat treating:
- Process may use computer numeric controlled (CNC) ovens or furnaces. The oven may heat up to 1200 degrees Fahrenheit and a furnace may heat up to 2000 degrees Fahrenheit. The metal(s) is placed on a platform; the platform is hydraulically moved into the first chamber and the door is automatically closed. At this time, the oxygen is burned from the chamber. Then the second chamber door is opened and the metal enters the oven/furnace. Depending upon the specifications, the heat treating process usually takes six to sixteen hours. When the metal is finished in the heating chamber, it returns automatically to the first chamber. Then the platform lowers and the metals are dipped into a cooling agent. Once the metals are cooled to room temperature the platform rises, the door opens, and the materials are removed. The process is essentially the same without using computer numeric controlled (CNC) heat-treating equipment except that, rather than being hydraulically operated, the machine operators move the metals through the system. Many establishments do not produce a product, but heat-treat a variety of products to customer specifications.
• Storage battery, manufacture, assembly or repair:
- Lead ingots, weighing 20-25 pounds, are melted and poured into a mold or casting machine. After the grids are cooled lead oxide is then pumped onto each side of a grid and cured by baking in an oven of about 300-400 degrees F. The plates are then assembled by placing a negative separator (zinc) between a positive separator (copper), and so forth until there are enough of these cells to form the battery. Next, they are sent to a burning machine that cures the paste and plates. After the burning process, the plates are placed into a plastic or hard rubber box-like container and cured for two or three days. The plates are welded together and the top is attached to the body of the battery case with an epoxy glue. Diluted sulfuric acid is added to the battery and then it is put on a charger. The battery is then cleaned and packed for shipping.
Special note: The term "job shop" is an industry term that means the shop will produce products to customer specifications.
Machinery and equipment used include, but are not limited to:
• Mills;
• Lathes;
• Grinders;
• Saws;
• Welding equipment;
• Inspection equipment;
• Material handling equipment;
• Casting machines;
• Burning machines;
• Ovens or furnaces;
• Steel molds;
• Hand tools;
• Air tools;
• Compressors;
• Portable welding equipment;
• Mobile welding equipment.
- Are used exclusively to repair machinery or equipment. A "mobile shop" in this classification usually means a van or pickup pulling a utility trailer equipped with hand tools, specialty tools, air tools, a compressor, and a portable welding unit. The machinery or equipment is usually repaired at the customer's location; however, sometimes the broken part is removed and taken back to the shop for repair.
Note: Machinery/equipment could be manual or computer numeric controlled (CNC).
Materials used include, but are not limited to:
• Metals of all types, gauges, sizes, shapes and dimensions;
• Plastics.
This classification includes the repair of items being manufactured or assembled when done by employees having operations subject to this classification. This is a shop or plant only classification and includes work performed in an adjacent yard when operated by an employer having operations subject to this classification.
Exclusions:
• Worker hours or businesses sandblasting buildings or structures must be reported separately in classification 0504;
• Worker hours or businesses repairing buildings and structures must be reported separately in the appropriate construction classification;
• Worker hours or businesses doing mechanical repair (such as, on engines or electrical systems) must be reported separately in the classification applicable to the work being performed;
• Manufacturing dies for others, is classified in 3402-74;
• Manufacturing dry cell (flashlight type) batteries, is classified in 3602;
• Battery sales and installation, are classified in the applicable automotive services classification;
• Activities away from the shop or plant must be reported separately in the applicable classification, with the exception of mobile welding operations.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-06 Power saw, lawn and garden equipment, small motor, N.O.C: Repair
Applies to:
Businesses that repair small power tools, small motors powered by gas or diesel, outboard marine engines, and lawn and garden equipment not covered by another classification (N.O.C.).
Machinery and equipment used include, but are not limited to:
• Hand and air tools.
Classification 3402-06 is assigned in conjunction with a store classification for establishments that have a store operation and repair the type of items they sell. Classification 3402-06 may also be assigned to a manufacturer representative who performs warranty repairs.
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.
Exclusions:
• Worker hours or businesses repairing electrical motors are classified in 5201;
• Activities away from the shop or plant which must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-14 Furnace, heater, radiator, wood, propane, or pellet stoves: Manufacturing
Applies to:
Businesses that manufacture furnaces, radiators, wood, propane, or pellet burning stoves or similar heating fixtures.
Machinery and equipment used include, but are not limited to:
• Hand tools;
• Solder guns;
• Punches;
• Lathes;
• Saws.
Note: Machinery/equipment could be manual or computer numeric controlled (CNC).
Materials used include, but are not limited to:
• Sheet metal;
• Plate metal;
• Aluminum;
• Stainless steel.
Note: Establishments in this classification may have separate areas for electronic assembly and/or painting.
This classification includes the repair of items being manufactured or assembled when done by employees having operations subject to this classification. This is a shop or plant only classification and includes work performed in an adjacent yard when operated by an employer having operations subject to this classification.
Exclusions:
• Manufacturing radiators for automobiles or trucks, is classified in 3402-48;
• Manufacturing baseboard heaters, is classified in 3404;
• Activities away from the shop or plant must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-26 Saw blade and abrasive wheel: Manufacturing, assembly or sharpening
Applies to:
Businesses that manufacture abrasive wheels, and businesses that manufacture, assemble, or sharpen saw blades such as, but not limited to, those used in circular saws, band saws, ripsaws, keyhole saws, and handsaws such as hacksaws or meat saws.
Abrasive wheel manufacturing operations often include a laboratory where carbon and other materials are mixed together to form the abrasive edges of the wheels.
Note: Businesses in this classification may also perform incidental sharpening services for items such as, but not limited to, tools, scissors, and knives.
Machinery and equipment used include, but are not limited to:
• Saws;
• Mills;
• Drills;
• Hand tools.
Materials used include, but are not limited to:
• High tensile steel;
• Carbide tipped blades.
This classification includes the repair of items being manufactured or assembled when done by employees having operations subject to this classification. This is a shop or plant only classification and includes work performed in an adjacent yard when operated by an employer having operations subject to this classification.
Exclusions:
• Repair or sharpening of chain saws, is classified in 3402-06;
• Manufacture or repair of electrical saws, is classified in 5201;
• Activities away from the shop or plant must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-29 Nut, bolt, screw, nail, tack, rivet, eyelet spike, needle, bedspring, wire mattress, N.O.C.: Manufacturing; sprinkler head, speedometer, carburetor: Manufacturing or assembly
Applies to:
Businesses that manufacture nuts, bolts, screws, nails, tacks, rivets, eyelets, spikes, needles, bedspring, and wire mattresses not covered by another classification. N.O.C. This classification also applies to businesses that manufacture or assemble sprinkler heads, speedometers, or carburetors. Rebuilding carburetors is also included in this classification.
The carburetor rebuilding may be performed on vehicles that are driven or towed into the shop, or on carburetors that have been already removed from the vehicles.
Businesses in this classification may have separate areas for deburring, inspecting, packing and shipping.
Machinery and equipment used include, but are not limited to:
• Saws;
• Shears;
• Presses;
• Chuckers;
• Threading and tapping machines;
• Hand tools;
• Air tools;
• Diagnostic scopes;
• Drill press;
• Coiling machines;
• Ovens.
Note: Machinery/equipment could be manual or computer numeric controlled (CNC).
Materials used include, but are not limited to:
• Steel rods;
• Iron rods;
• Small component parts;
• Wire.
This classification includes the repair of items being manufactured or assembled when done by employees having operations subject to this classification. This is a shop or plant only classification and includes work performed in an adjacent yard when operated by an employer having operations subject to this classification.
Exclusions:
• Manufacturing stuffed mattresses, is classified in 3708;
• Manufacturing handles, latches, and hinges, is classified in 3404;
• Repair of speedometers or carburetors in a vehicle, is classified in the appropriate vehicle repair classification;
• Activities away from the shop or plant must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-40 Welding or cutting, N.O.C. (mobile operations limited to repair of equipment and machinery)
Applies to:
Businesses doing welding or metal cutting not covered by another classification (N.O.C.) either in the shop or at the customer's site.
Machinery and equipment used include, but are not limited to:
• Welding equipment;
• Grinders;
• Saws;
• Drills;
• Material handling equipment.
Materials used include, but are not limited to:
• Steel;
• Aluminum alloys.
This classification also includes "mobile shops" which are used exclusively to repair machinery or equipment. A "mobile shop" in this classification usually means a van or pickup pulling a utility trailer equipped with hand tools, specialty tools, air tools, a compressor, and a portable welding unit. The machinery or equipment is usually repaired at the customer's location, sometimes with the use of the customer's equipment; however, broken parts may be removed and taken back to the shop for repair.
Exclusions:
• Worker hours or businesses doing welding construction or repairs to buildings or structures must be reported separately in the classification applicable to the work being performed;
• Worker hours or businesses doing mechanical repairs (such as, on engines and electrical systems) must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-48 Automobile or truck, radiator and heater core: Manufacturing and repair shops
Applies to:
Businesses that manufacture and/or repair automobile or truck radiator and heater cores.
Work activities in this classification include, but are not limited to:
• Repair of radiators in the vehicle, or removed from vehicle;
• Radiators cleaned, air pressured, and dipped in water tank to check for leaks;
• Leaks repaired by welding the holes shut;
• Radiators dipped again to ensure the repair has been made properly;
• Cleaning radiator by sandblasting, ultra sound baths or "rodding" the radiator to remove corrosion.
Note: Manufacturer in this classification may have a die casting area and a separate electronic assembly area.
Machinery and equipment used include, but are not limited to:
• Hand tools and air tools;
• Solder guns;
• Punches;
• Welders;
• Dipping tanks;
• Hoists;
• Forklifts.
This classification includes the repair of items being manufactured or assembled when done by employees having operations subject to this classification. This is a shop or plant only classification and includes work performed in an adjacent yard when operated by an employer having operations subject to this classification.
Exclusions:
• Activities away from the shop or plant must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-74 Tool: Manufacturing, not hot forming or stamping; machine finishing tools, die: Manufacturing ferrous
Applies to:
Businesses doing tool manufacturing or die manufacturing, for others, from ferrous materials.
Products manufactured include, but are not limited to:
• Jigs;
• Fixtures and dies for metal work;
• Wrenches;
• Screw drivers;
• Hammers;
• Torque wrenches;
• Pliers;
• Sockets;
• Cutting tools used in lathes, mills, rotors and saws.
Machinery and equipment used include, but are not limited to:
• Air and hand tools;
• Polishers;
• Sharpeners;
• Grinders;
• Inspection equipment;
• Mills;
• Lathes;
• Shapers;
• Sharpeners;
• Drill presses.
Note: Machinery/equipment could be manual or computer numeric controlled (CNC).
Businesses may have a galvanizing and/or electroplating area for the finish work, which is included when performed by employees of employers subject to this classification.
This classification includes the repair of items being manufactured or assembled when done by employees having operations subject to this classification. This is a shop or plant only classification and includes work performed in an adjacent yard when operated by an employer having operations subject to this classification.
Exclusions:
• Tool forging by hot forming or stamping is classified in 5106;
• Activities away from the shop or plant must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-77 Auto, truck, semi-trailer and bus body: Manufacturing; travel trailer body: Manufacturing or repair; automobile or motorcycle: Manufacturing or assembly
Applies to:
Businesses that manufacture auto, truck, and bus bodies, or that manufacture or repair travel trailer bodies or cargo containers, or that manufacture or assemble automobiles or motorcycles.
Work activities include, but are not limited to:
• Welding operations;
• Using cutting torches;
• Operating milling, cutting and turning machines;
• Assembly operations performed with air and hand tools;
• Repair or replace hydraulic units;
• Shops may have a finish sanding area as well as a paint area where the vehicle bodies are sprayed with primer, a body bonding material, or a finish coat of paint.
Machinery and equipment used include, but are not limited to:
• Welders;
• Cutting torches;
• Air or hand tools;
• CNC machinery (computer numeric controlled);
• Saws;
• Grinders;
• Drill presses;
• Shears;
• Breaks;
• Hydraulic presses;
• Iron workers;
• Grinders;
• Hoists;
• Cranes and forklifts.
Materials used include, but are not limited to:
• Steel or aluminum, varying in thickness, 16 gauge to plate metal up to one inch thick;
• Shapes include sheet metal, tubes, solid rod or I-beams.
This classification includes the repair of items being manufactured or assembled when done by employees having operations subject to this classification. This is a shop or plant only classification and includes work performed in an adjacent yard when operated by an employer having operations subject to this classification.
Exclusions:
• Activities away from the shop or plant must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-85 Auto or truck parts; machining or rebuild not in vehicle
Applies to:
Businesses that machine or rebuild auto or truck parts that are not in the vehicle.
Products manufactured include, but are not limited to:
• Water pumps;
• Fuel pumps;
• Transmissions;
• Heads;
• Brake drums;
• Ball joints;
• Rear ends;
• Sockets;
• Pulleys;
• Shafts;
• Fittings;
• Flywheels;
• Bearings.
Machinery and equipment used include, but are not limited to:
• Mills;
• Lathes;
• Grinders;
• Sanders;
• Presses;
• Welders;
• Balancing equipment.
Note: Machinery/equipment could be manual or computer numeric controlled (CNC).
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.
Exclusions:
• Manufacturing or rebuilding auto, truck, or aircraft engines are classified in 3402-86;
• Activities away from the shop or plant must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-86 Auto, truck, or aircraft engine, N.O.C.: Manufacturing or rebuilding
Applies to:
Businesses that manufacture or rebuild auto, truck, or aircraft engines not covered by another classification (N.O.C.), including manufacturing the component parts.
Note: The basic difference between automobile, truck, and aircraft engines is the size and weight of the parts worked on.
Work activities include, but are not limited to:
• Use specialized machines and air tools to tear the core down to an engine block;
• Rebuild the engine;
• After engine is stripped down to the engine block, it is placed in a machine called a baker which heats to approximately 600 degrees and bakes away the grease;
• After baking, the engine block is placed in a sand blaster where the surface is cleaned with very fine steel shot;
• Engine block is then placed in a large pressure washer which removes the steel shot;
• Crank and shafts are ground and turned on machinery similar to lathes;
• Heads and valves are machined on valve grinders, valve facers, and head grinders. Shops that do not have equipment to grind the crank and camshafts will contract work out to other shops, or buy new crank and camshafts.
Machinery and equipment used include, but are not limited to:
• Baker machines;
• Sand blasters;
• Pressure washers;
• Lathes;
• Valve grinders;
• Valve facers;
• Head grinders;
• Boring bars;
• Hones;
• Solvent tanks;
• Hoists;
• Forklifts.
This classification includes the repair of items being manufactured or assembled when done by employees having operations subject to this classification. This is a shop or plant only classification and includes work performed in an adjacent yard when operated by an employer having operations subject to this classification.
Exclusions:
• Machining or rebuilding auto or truck parts is classified in 3402-85;
• Activities away from the shop or plant must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-94 Precision machined parts, N.O.C.: Manufacturing, gear: Manufacturing or grinding, small arms and ammunition: Manufacturing, assembly or rebuild, valve: Manufacturing
Applies to:
Businesses that manufacture precision-machined parts not covered by another classification (N.O.C); that manufacture or grind gears, that manufacture, assemble or rebuild small arms (.50 caliber or less), that manufacture or reload ammunition, or that manufacture valves.
Note: Most precision machine establishments are "job shops." Job shops make component parts for other businesses according to customer specifications, rather than manufacturing a specific product.
Work activities in this classification include, but are not limited to:
• Machining;
• Grinding gears;
• Metal stamping of casings;
• Assembly;
• Inspecting;
• Cutting key slots and broaches.
Products manufactured include, but are not limited to:
• Precision parts for aerospace/medical industry;
• Gears;
• Pistols;
• Rifles;
• Shotguns;
• Light machine guns;
• Valves (regulate the flow of air, gas, liquids, or loose material through structures by opening, closing or obstructing passageways. They operate manually, electronically, with compressed air, or hydraulic pressure);
• Other types of precision parts.
Machinery and equipment used include, but are not limited to:
• Manual and CNC (computer numeric controlled) mills and lathes;
• Water jet machines;
• Saws;
• Drill press/drills;
• Grinding machines;
• Gear shapers;
• Hobbers;
• Other types of CNC machinery.
Materials used include, but are not limited to:
• Steel;
• Stainless steel;
• Aluminum;
• Titanium;
• Inconel;
• Plastics;
• Shapes include; solid blocks, flat bar, tube, angle stock.
This classification includes the repair of items being manufactured or assembled when done by employees having operations subject to this classification. This is a shop or plant only classification and includes work performed in an adjacent yard when operated by an employer having operations subject to this classification.
Exclusions:
• Manufacturing or repairing of heavy arms is classified in 5109;
• Gun stores are classified in 6309;
• Manufacturing valves made in a die mold is classified in 3402-74;
• Activities away from the shop or plant must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
3402-98 Machinery, N.O.C.: Manufacturing or assembly
Applies to:
Businesses that manufacture or assemble machinery not covered by another classification (N.O.C.).
Finished products vary widely and range from hand held machines to those weighing thousands of pounds. For the purpose of this classification, machinery means any combination of mechanical parts constructed primarily with metal and associated electronic components.
Work activities in this classification include, but are not limited to:
• Cutting;
• Welding;
• Forming;
• Drilling;
• Riveting;
• Clamping and bolting;
• Machining.
Note: Manufacturers in this classification may have a separate electronic assembly area.
Machinery manufactured or assembled include, but are not limited to:
• Grinding machines;
• Boring machines;
• Conveyor systems;
• Wood chippers;
• Printing or bookbinding machinery;
• Confectioners or food processing machinery;
• Photo processing machinery (photo processors or film enlargers);
• Shoe or textile machinery;
• Office machinery (copiers, collators, mail/postage machines, calculators and automated letter openers);
• Cash registers;
• Sewing machines.
Machinery and equipment used include, but are not limited to:
• Lathes;
• Mills;
• Breaks;
• Shears;
• Welders;
• Presses;
• Binding machinery;
• Drills;
• Saws;
• Water jets;
• Hand and air tools.
Note: Machinery/equipment could be manual or computer numeric controlled (CNC).
Materials used include, but are not limited to:
• Metal in varied sizes, shapes and dimensions;
• Plastic;
• Wood.
This classification includes the repair of items being manufactured or assembled when done by employees having operations subject to this classification. This is a shop or plant only classification and includes work performed in an adjacent yard when operated by an employer having operations subject to this classification.
Exclusions:
• Worker hours or businesses setting-up, installing or repairing printing, bookbinding, confectioners, or food processing machines must be reported separately in 0603;
• Worker hours or businesses installing or repairing shoe or textile machinery must be reported separately in 0603;
• Activities away from the shop or plant must be reported separately in the applicable classification.
Note: For rules on assigning and reporting in more than one basic classification, see WAC 296-17-31017 Multiple classifications.
AMENDATORY SECTION(Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-3506Classification 3506.
3506-02 Mobile crane and hoisting services; Rigging contractors, N.O.C.
Applies to establishments engaged in mobile crane and hoisting services and rigging contractors not covered by another classification (N.O.C.). There are many types of cranes and derricks, both stationary and nonstationary. A mobile crane is a tire-mounted machine for hoisting and moving heavy objects by cables attached to a moveable boom. Rigging consists of a system of ropes, chains, cables, or tackle used for support. Generally, these types of establishments respond to and service customer requests such as righting an overturned tractor trailer, hoisting a large bell, or placement of a satellite dish on top of a building. In addition, mobile crane businesses often maintain a variety of nonmobile cranes and derricks such as those used for construction of tall buildings or structures. This classification includes transporting of a nonmobile crane or derrick to and from a customer site, but excludes the set up or erection, operating, and disassembling of the unit.
This classification excludes the construction or erection of permanent nonmobile cranes (such as those permanently mounted at a manufacturing plant or seaport to load cargo) which are to be reported separately in classification 0508; and the set up, erection, operating, and disassembling of cranes, hoisting devices or rigging in connection with work covered under a construction classification which are to be reported separately in the construction classification applicable for the work being performed.
Special note: This classification includes mobile crane and hoisting businesses when providing a service at a construction site such as lifting an air conditioning unit to a building top, and provided the crane operator is an employee of the crane and hoisting business.
3506-03 Concrete pump truck service
Applies to establishments engaged in concrete pump truck services, including the pump truck control box operator. A concrete pump truck is a large vehicle equipped with an adjustable boom spanning approximately 65' in length equipped with a flexible 4" hose running alongside the boom. This type of vehicle is different from a concrete ready mix truck which mixes the concrete in a rotating or revolving drum prior to arriving at the project site and discharges the mix with use of a metal ((shoot))chute. A concrete pump truck is designed to pump concrete into areas which are difficult for a concrete ready mix truck to reach such as a tall retaining wall, the foundation of a building or structure many feet below ground level, or into an area with limited access. Concrete is fed into the bed of the pump truck (usually by a ready mix concrete truck). The driver of the pump truck also operates the control box which adjusts the boom and amount of concrete mix to discharge. The control box operator receives instructions from a construction worker overseeing the concrete pour.
This classification excludes ready mix concrete dealers who deliver concrete who are to be reported separately in classification 3101 and all other concrete construction activities occurring at the project site which are to be reported separately in the classification applicable to the construction work being performed.
Special note: This classification is limited to the concrete pump truck driver and operation of the control box. Construction workers at the project site, such as workers who are positioning and repositioning the end of the boom which discharges concrete, or workers who provide instructions with use of a headset to the control box operator, or workers who are spreading the concrete as it is poured, are to be reported separately in the classification applicable to the construction work being performed.
AMENDATORY SECTION(Amending WSR 14-17-085, filed 8/19/14, effective 9/19/14)
WAC 296-17A-4910Classification 4910.
4910-00 Property management services
Applies to establishments engaged in managing their own property or properties owned by others. Properties include, but are not limited to, privately owned residential or commercial buildings, malls, apartment or condominium complexes, mobile home parks, halls, and conference rooms. Typical operations contemplated by this classification include, but are not limited to, management duties, advertising, showing vacant units to prospective tenants, collecting rent, providing security, and normal maintenance and repair when conducted by employees of employers subject to this classification. Normal maintenance and repair contemplated by this classification includes replacing parts on existing fixtures or equipment, repairing existing structures, normal cleaning or janitorial activities, maintaining existing landscaping, and shoveling snow from driveways or walkways. Construction, alteration, or improvements to the properties are not considered normal maintenance and are not contemplated by this classification. Major repair work is usually performed by contractors who are not employees of the property management business. Apartment or condominium complexes and mobile home parks may have common areas such as, but not limited to, laundry facilities, community rooms, tennis courts, exercise rooms, swimming pools, saunas or hot tubs, and playgrounds or small park areas. Common areas are maintained by employees of the complex or park owner or by the property management service. Residents of mobile home parks are usually responsible for maintaining their own mobile homes and their immediate space.
This classification includes homeowners' associations where residents in a housing development pay annual fees which cover the maintenance of lawns, paths, sprinkler systems, and common areas such as pools, activity centers, and tennis courts by employees of the homeowners' association.
This classification excludes employees engaged exclusively in clerical duties who are to be reported separately in classification 4904; employees engaged exclusively in sales duties such as collecting rents, showing and advertising the facility, conducting auctions, or in a combination of clerical and sales duties who are to be reported separately in classification 6303; establishments providing janitorial services exclusively which are to be reported separately in classification 6602; contractors engaged in mobile home set up or removal who are to be reported separately in classification 0517; any new construction or alteration work performed by employees of employers subject to this classification which is to be reported separately in the applicable construction classification; establishments that contract to perform maintenance or repair, but have no responsibilities in the management of the property, which are to be reported separately in the applicable classification; and lodging or food serving operations which are to be reported separately in the applicable classification.
4910-01 Chimney cleaning - Residential and commercial buildings
Applies to establishments engaged in providing chimney cleaning services to residential and commercial customers, such as restaurants and hotels. Workers who perform chimney cleaning services are commonly referred to as "chimney sweeps" and usually work alone or as a two-person team. When working as a team, one "sweep" works inside ((the house)) and the other works on the roof. The methods of cleaning vary. To protect the floors and furniture, drop cloths are placed in front of the fireplace and taped over the opening. The vertical drop cloth may have a "boot" or slit in it which allows rods to be pushed through. Various brushes, usually wire, are attached to extension rods and worked up and down the flue to dislodge the soot and creosote. Creosote deposits may be removed also with a chimney bar, which is a pipe-like instrument with a chisel end, or by using metal scrapers. Where the chimney top is protected from the rain by a hood or cap, it may not be possible to insert the brushes into the opening; a chain or weight may be lowered and swung back and forth inside the chimney. Some sweeps have custom-made vacuum trucks with large collection chambers to collect the soot. In addition to cleaning the chimney flue and fireplace, some sweeps clean oil, gas and coal burning furnaces, repair chimney and flue linings, remove animals from chimneys, and offer other related services. Repairs included in this classification are limited to such activities as caulking around the flashing and sealing brickwork.
This classification excludes establishments engaged in industrial ((or commercial)) chimney or smokestack cleaning services which are to be reported separately in classification 0508; contractors engaged in chimney reconstruction or new construction made of masonry or brick who are to be reported separately in classification 0302; contractors engaged in the installation of sheet metal stove pipe who are to be reported separately in classification 0307; and the installation of a new lining in the chimney which is to be reported separately in the applicable classification.
4910-02 Mini-storage facilities
Applies to establishments engaged in operating mini-storage facilities. Mini-storage facilities are usually fenced and entry is through a locking gate through which owners and renters of units are provided access. The units range from lockers to rooms of various sizes; once the unit is rented, the tenant or owner has sole access to it. Typical operations include, but are not limited to, management or clerical duties, renting or selling storage units to others, providing security, and normal maintenance and repair when performed by employees of employers subject to this classification. Normal maintenance and repair contemplated by this classification includes replacing parts on existing fixtures or equipment, repairing existing structures, normal cleaning of public areas, controlling rodents and other pests, maintaining existing landscaping, and shoveling snow from driveways or walkways. Construction, alteration, or improvements to the properties are not considered normal maintenance and are not contemplated by this classification. Major repair work is usually performed by contractors who are not employees of the storage facilities.
This classification excludes employees engaged exclusively in clerical duties who are to be reported separately in classification 4904; employees engaged exclusively in sales duties or in a combination of clerical and sales duties who are to be reported separately in classification 6303; and new construction or alteration work which is to be reported separately in the applicable construction classification.
4910-03 Temporary signs - Placement or removal
Applies to establishments engaged in placing or removing temporary yard signs such as, but not limited to, real estate signs for real estate offices or property management firms and campaign signs. The smaller signs are usually mounted on a metal rod which is pounded into the ground to a depth of about 18". A post hole digger may be used to dig holes for larger signs that require a more sturdy post.
This classification excludes all other types of sign installation, painting or repair which are to be reported separately in the applicable classification.
AMENDATORY SECTION(Amending WSR 09-16-109, filed 8/4/09, effective 10/1/09)
WAC 296-17A-5307Classification 5307.
5307-00 State government employees - N.O.C.
Applies to state government employees not covered by another classification (N.O.C. - not otherwise classified). This is the basic state agency classification which covers employees who have duties that support the mission of the agency and have field or hazardous exposure. For purposes of this classification field or hazardous exposure is defined as any work which involves "hands on" work. Employees reported in this classification may have jobs that include, but are not limited to, performing manual labor or supervising a work crew performing manual labor, work in the trades, construction-type work or maintenance/repair work, operating machinery or equipment, stores/stock clerks, warehouse, supplies, deliveries, food services, facilities, recreational, or general security staff with no law enforcement duties. This classification also includes, but is not limited to, personnel such as engineers, inspectors, and biologists, who have field exposure. This classification includes supervisors who work at a field site and perform supervision duties in the field. This classification includes nonpatient care employees in state operated homes, schools, detention or correctional facilities not described in another classification.
This classification may be assigned to all departments, agencies, boards, commissions and committees of either the executive, legislative or judicial branches of state government.
This classification excludes:
• Employees who have law enforcement power in any capacity, who are to be reported separately in classification 7103;
• Juvenile rehabilitation custody staff at institutions or homes who are to be reported in 5307-01;
• Administrative employees with field duties who are to be reported separately in classification 5300;
• Clerical and administrative office personnel who are to be reported separately in classification 4902;
• Employees who work in state hospitals, homes, schools, detention or correctional facilities who are not otherwise classified and provide care and treatment for patients or residents who are to be reported separately in classification 7201;
• Employees who provide patient or health care at state-operated mental health or acute care hospitals with a fully implemented safe patient handling program who are to be reported in classification 7200;
• Employees who provide patient or health care at state-operated mental health or acute care hospitals that do not have a fully implemented safe patient handling program who are to be reported in classification 7400;
• Volunteers are to be reported in classification 6901; and
• Law enforcement volunteers in classification 6906.
5307-01 State government employees - Juvenile rehabilitation custody
Applies to employees of the ((department of social and health services (DSHS)))department of children, youth, and families at juvenile institutions and juvenile residential community facilities. Employees in this risk classification may preserve order, provide security, and have the authority to detain, revoke privileges, or impose sanctions. Other work may include, but is not limited to, providing counseling, conducting assessments, rehabilitation, coordination of services, evaluations, and transporting detainees.
This classification excludes:
• Employees who do not have custody or security duties;
• Employees who perform parole duties such as those performed by a regional office, which are away from a juvenile institution or a juvenile residential community facility who are to be reported in 5300; and
• Employees who direct athletic and recreational activities who are to be reported in 5307-00.
See classifications 4902, 5300, 5307, 7200, 7201, and 7400 for all state government operations.
AMENDATORY SECTION(Amending WSR 19-11-109, filed 5/21/19, effective 7/1/19)
WAC 296-17A-6411Classification 6411.
Retail store operations limited to providing any combination of the following merchandise, supplies, or services:
• All types of phones;
• Beads;
• Books, newspapers, magazines, and comic books;
• Cameras;
• Cards (greeting, post, and sports);
• Cosmetics and fragrances;
• Laptops, electronic notebooks and pads, and other small electronic devices;
• Musical instruments (string, wood, brass, wind, and percussion);
• Photography and darkroom supplies;
• Records, music discs, tapes, videos, video games, and software disks;
• Small or portable entertainment players (or parts of player), radios, for homes, offices, or automobiles;
• Smoking accessories and tobacco products;
• Vaporizers and e-liquids;
• Other smaller items, such as playing cards, cups, calendars, puzzles, games, costume jewelry, cosmetics, pencils, pens, notebooks, etc.
Note: Stores in classification 6411 may also carry inventory listed in the scopes language of lower rated store risk classifications, along with the goods listed below, as long as the majority of the merchandise is described by the above list.
Classification 6411 includes:
• Cashiering;
• Cleaning and maintenance of store, storage areas, and associated business offices when performed by store employees;
• Inventory work by store employees;
• Sales of already-prepared snacks, and beverages (for off-site consumption), and/or promotional clothing;
• Parts and batteries for products included in classification 6411;
• Receiving and returning merchandise at store's loading area;
• Renting items normally sold in classification 6411;
• Sales work inside store;
• Store security and surveillance;
• Stocking.
Classification 6411 excludes:
• Stores selling merchandise described by a higher rated store classification;
• Delivery drivers who are reported separately in classification 1101;
• Door to door sales, which are reported separately in subclassification 6309-22;
• Stores using pallet jacks, fork lifts, conveyors, or other mechanized means of moving merchandise into and within store premises, which are classified in 6406 when merchandise is described by classification 6411 and/or classification 6406;
• Stand-alone distribution centers or warehouses which are to be reported separately in classification 6407;
• Repair or installation work, which must be reported separately;
• Sales of pets; see classifications 6406 and 7308;
• Working at coffee stands, lunch counters, or any on-site food preparation or manufacturing of candy, where employees' hours are to be reported separately in classification 3905;
• Employees doing custom framing; see classifications 6406 and 6309;
• Product demonstration services which are to be reported in subclassification 6406-40;
• Businesses providing inventory services which are to be reported in subclassification 6406-00;
• Wholesales, reported in classification 6407;
• High volume warehouse and distribution facilities which are reported separately in classification 6407.
For administrative purposes, classification 6411 is divided into the following retail store subclassification(s):
6411-00 Stores meeting the criteria for classification 6411, but not specifically described in any other subclassification. N.O.C.
6411-14 Wind, string, brass, and percussion musical instruments
Includes hand held keyboards and music instruction.
Excludes:
• Stores selling pianos and organs, see classifications 6406, 6309, and 6306;
• Repair of instruments, which is reported separately in classification 2906 or 3602; (if more than one is applicable, assign only the highest rated classification for all repair).
6411-19 Coins, stamps, rare metals, and collectible cards
6411-20 Books, videos, electronic games, music, newspapers, magazines, and comic books
Excludes establishments with coin or token arcades, to be reported in subclassification 6406-00.
6411-24 Tobacco ((and marijuana products)), vaporizers and liquids, and smoking accessories
Excludes:
• Retail stores primarily selling marijuana infused grocery items or marijuana, see classification 6403;
• Retail bakeries selling a variety of baked goods infused with marijuana; see subclassification 3901-00.
6411-25 Phones, cameras, electronic tablets, laptops, and notebooks, GPS displays, small stereo components and other small portable electronic devices, N.O.C.
Includes stores and kiosks selling and/or arranging DSL, cable, or dish services for phones, computers, televisions and other devices.
Excludes:
• Stores selling office or school supplies, reported in subclassification 6406-11;
• Stores selling furniture or furniture kits; see classification 6406, 6309, or 6306;
• Stores providing photo development and printing, see classification 6406 or 6506;
• Workers performing repair work, which is to be reported separately in classification 3602.
AMENDATORY SECTION(Amending WSR 15-02-060, filed 1/6/15, effective 7/1/15)
WAC 296-17A-6501Classification 6501.
Barbers, salons, tattoo shops
Establishments in this classification offer personal grooming and beautification services for their customers. These businesses frequently advertise as a day spa but they do not operate baths, soaking pools, or steam rooms. Employers in this classification offer the following types of services:
• Barber;
• Beauty salon - Cosmetology;
- Hair styling;
- Hair removal, electrolysis, laser, threading, waxing;
- Manicure, pedicure;
- Esthetician services, facials, skin care, body scrubs;
- Tanning.
• Tattoo shop;
- Body art;
- Body piercing;
- Permanent cosmetics;
- Tattooing.
When a business provides multiple services listed above and also offers services such as massage or body wraps, these services are included in classification 6501. Barber and beauty services may also be performed at a customer's home or in hospitals. This classification includes ((all))clerical office and sales employees of the business.
Excluded from this classification are:
• Businesses providing baths, soaking pools, and hot tubs that also offer services listed in classification 6501 are assigned classification 6204.
• Massage therapy, foot massage, or reflexology businesses that are assigned classification 6109.
Note: Salons in this classification often operate by renting or leasing a booth or station to licensed individuals who are booth renters. Booth renters perform cosmetology, barbering, esthetics, or manicuring services for which a license is required under chapter 18.16 RCW. A booth renter pays a fee for the use of the shop's facility, receives no compensation from the owner, and performs services in the shop, but is not an employee of the shop owner and are exempt from coverage per RCW 51.12.020. These individuals may elect owner coverage.
For administrative purposes, classification 6501 is divided into the following subclassifications:
6501-00 Barber shops
6501-01 Beauty, tanning, and nail salons
6501-02 Tattoo, piercing shops.
AMENDATORY SECTION(Amending WSR 09-20-039, filed 9/30/09, effective 1/1/10)
WAC 296-17A-6601Classification 6601.
6601-00 Detective agencies
Applies to establishments engaged in providing investigative and related services for others. Services include, but are not limited to, investigating corporate embezzlement and fraud, employee theft, insurance fraud, missing person cases, matrimonial or child custody disputes, conducting background checks, tracking and apprehending fugitives, monitoring burglar or fire alarm systems, or provide polygraph testing or fingerprinting services. Investigative methods include checking public records, conducting interviews, surveillance, and undercover operations. As a general rule, the detective agency provides clients with a final report, which includes documentation, photographs, or videotapes.
This classification excludes establishments engaged in providing customer shoplifting surveillance within retail stores which are to be reported separately in classification 6601-01 and surveillance employees hired as direct employees of a nondetective or security agency who are to be reported separately in the classification applicable to the establishment.
6601-01 Merchant police or patrol
Applies to establishments engaged in providing security services to shopping centers, malls, business parks, banks and other businesses. Services include, but are not limited to, monitoring parking lots and garages, maintaining public security in malls, hospitals, and banks, providing surveillance for theft or shoplifting, and monitoring alarm systems.
This classification excludes detective agencies which are to be reported separately in classification 6601-00 and security guard services which are to be reported separately in classification 6601-02.
6601-02 Security guard agencies
Applies to establishments engaged in providing general security guard services for clients such as airports, commercial, industrial, residential and governmental facilities. Services include, but are not limited to, protecting persons or buildings, responding to fire or burglar alarms, protecting and/or transporting executives, providing security at strikes, and conducting electronic sweeps. The clients' security systems may be connected to a central security system of the security guard agency, where employees of the security guard agency monitor the client's systems and notify the appropriate authorities if necessary. As a general rule, security guards, do not have police powers.
This classification excludes security guards at logging sites who are to be reported separately in classification 6601-03 and security guards at construction sites who are to be reported separately in classification 6601-04 provided the conditions in the special exception section of the general rules have been met.
6601-03 Security guards at logging sites
Applies to employees of logging contractors or landowners who are employed as security guards to maintain security at logging sites by preventing, deterring and detecting crime and/or fires. Security guards subject to this classification are limited to employment at the site only during those hours that the employer is not conducting any other operations at the site and may have no other duties during their shift as security guard. This classification also applies to establishments that contract to provide security guards at logging sites.
6601-04 Security guards at construction sites
Applies to employees of construction contractors or landowners who are employed as security guards to maintain security at construction sites by preventing, deterring and detecting crime and/or fires. Security guards subject to this classification are limited to employment at the site only during those hours that the employer is not conducting any other operations at the site and may have no other duties during their shift as security guard. This classification also applies to establishments that contract to provide security guards at construction sites.
6601-05 Armored car services
Applies to establishments engaged in armored car services which transport cash or valuables for businesses such as, but not limited to, banks, supermarkets, and jewelry stores to other destinations. Also included are armored car services which collect or deposit money into or from automatic teller machines.
6601-06 Crowd control services
Applies to establishments engaged in providing crowd control services. Crowd control services is a growing field and may include, but not be limited to, crowd management at sporting events, race tracks, live concerts, rallies, conventions, rodeos, and fairs. This classification includes parking lot staff, and rule enforcement employees such as uniformed or plain clothes security guards who maintain order as well as providing personal protection.
This classification excludes ((theatre))theater ushers, inside ticket takers, set up crews and stagehands who are to be reported separately in classification 4504.
6601-07 Process/legal messenger services
Applies to establishments engaged in providing process services and legal messenger services for others. Process servers deliver legal documents such as summonses, complaints, subpoenas and writs to individuals. A legal messenger delivers legal papers between legal representatives and the courts. Services may also include checking public records, surveillance work, and conducting interviews to locate recipients of legal documents. They will provide clients with a final report of service or nonservice on the recipient.
This classification excludes errand and parcel delivery services that are to be reported separately in classification 1101.
AMENDATORY SECTION(Amending WSR 12-24-067, filed 12/4/12, effective 1/4/13)
WAC 296-17A-6708Classification 6708.
6708-01 Jockeys
Applies to jockeys riding horses in a race, or working with the horses in any way, during the dates of a scheduled race meet. Coverage during a race meet is through election of optional coverage and is to be reported at ten hours per mount per race or ten hours per day if not riding in a race. Coverage outside the dates of a race meet is mandatory. Jockeys will be considered exercise riders when employed by a trainer and/or owner at a time other than during the dates of a scheduled race meet and are then reportable in the classification that is appropriate for their job duties.
6708-02 Professional motor vehicle or watercraft race drivers
Applies to professional motor vehicle/water craft race drivers during a competition. Coverage during a competition is mandatory and is subject to a division of hours as provided in the general exclusion section of the general reporting rules.
When not driving during competition, hours worked are reportable as appropriate to the work being performed:
• Maintenance of a racing motor vehicle and/or pit crew operations which are to be reported separately in classification 3411;
• Assembly of a racing motor vehicle which is to be reported separately in classification 3402; maintenance of a racing water craft and/or pit crew operations which are to be reported separately in classification 3414; assembly of a racing water craft which is to be reported separately in classification 2903, 3402 or 3511 as appropriate; and any other work usually done for this employer which is to be reported separately as appropriate to the employees usual job duties.
This classification excludes piloting an aircraft in a race which is to be reported separately in classification 6803 for a plane or 6801 for a hot air balloon.
Special note: Race car drivers are reported at ((ten))actual hours for each race/heat.