S-4025               _______________________________________________

                                                   SENATE BILL NO. 6671

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Anderson, Saling, Matson and Lee

Read first time 1/22/90 and referred to Committee on  Economic Development & Labor.

AN ACT Relating to industrial insurance; and amending RCW 51.08.180.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 51.08.180, chapter 23, Laws of 1961 as last amended by section 3, chapter 175, Laws of 1987 and RCW 51.08.180 are each amended to read as follows:

          (1) "Worker" means every person in this state who is engaged in the employment of an employer under this title, 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 under this title, whether by way of manual labor or otherwise, in the course of his or her employment:  PROVIDED, That a person is not a worker for the purpose of this title, with respect to his or her activities attendant to operating a truck which he or she owns, and which is leased to a common or contract carrier.

          (2) For the purposes of this title, any person, firm, or corporation currently engaging in a business which is registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW is not a worker when:

          (a) Contracting to perform work for any contractor registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW;

          (b) The person, firm, or corporation has a principal place of business which would be eligible for a business deduction for internal revenue service tax purposes other than that furnished by the contractor for which the business has contracted to furnish services;

          (c) The person, firm, or corporation maintains a separate set of books or records that reflect all items of income and expenses of the business; and

          (d) The work which the person, firm, or corporation has contracted to perform is:

          (i) The work of a contractor as defined in RCW 18.27.010; or

          (ii) The work of installing wires or equipment to convey electric current or installing apparatus to be operated by such current as it pertains to the electrical industry as described in chapter 19.28 RCW.

          (3) Any person, firm, or corporation registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW including those performing work for any contractor registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW is a worker when the contractor supervises or controls the means by which the result is accomplished or the manner in which the work is performed.

          (4) For the purposes of this title, any person participating as a driver or back-up driver in commuter ride sharing, as defined in RCW 46.74.010(1), is not a worker while driving a ride-sharing vehicle on behalf of the owner or lessee of the vehicle.

(5) For the purposes of this title, any person, firm, or corporation is an independent contractor and not a worker when the person, firm, or corporation:

(a) Possesses a federal employer identification number issued by the internal revenue service to employers;

(b) Has established an account with the department of revenue, and other state agencies as required by the particular case, for the payment of all state taxes normally paid by employers and businesses;

(c) Has registered for and received a uniform business identifier number from the state of Washington;

(d) Has a principal place of business which is eligible for a business deduction for federal income tax purposes;

(e) Maintains a separate set of books or records that reflect all items of income and expenses of the business;

(f) Is responsible for the purchase or lease of all tools, equipment, and supplies necessary to perform its business services; and

(g) Is not subject to the control, direction, and supervision of another employer in the daily conduct of its business services.