WSR 00-17-087

INTERPRETIVE OR POLICY STATEMENT

LABOR AND INDUSTRIES


[ Filed August 15, 2000, 10:54 a.m. ]

     In accordance with RCW 34.05.230(12), the following policies and interpretive statements were recently issued by the department:


Insurance Services Division:


Insurance Services Policy #6.42, "Adjudicating a Formal Job Offer from the Employer of Record,"
is repealed. This policy provided guidance for adjudicating a worker's compensation claim when a formal job offer was made to the claimant by the employer at the job of injury. This policy did not affect the Crime Victims Program. (Repealed 08/04/2000).

Insurance Services Policy #8.10, "Magnetic Resonance Imaging," is repealed because the policy issue is now covered in statute. This policy aided the department in assessing the effectiveness of MRIs. (Repealed 04/11/2000).

Insurance Services Policy #60.01, "Handling Cash," is amended. The policy gives direction to employer services staff on how they will handle cash payments. The task associated with this policy was removed and placed in the Task & Procedure Manual and associated housekeeping changes were made to the policy. (Amended 08/04/2000).

Insurance Services Policy #61.04, "Processing Applications for Elective Coverage," is amended. Employer services staff apply this policy when processing applications for elective worker's compensation insurance coverage for excluded or exempted employers. The update incorporates limited liability company coverage into the policy. (Amended 08/04/2000).

Insurance Services Policy #61.11, "Determining Industrial Insurance Coverage for Partners," is amended. Employer services staff use this policy to determine worker's compensation insurance coverage for partners. The update removed limited liability company language from the policy. (Amended 04/11/2000).

Insurance Services Policy #61.14, "Funeral Home Payments to Third Parties," is repealed. Employer services staff applied this policy to funeral homes that used the services of ministers, soloists, organists, hair stylists and policy escort services. (Repealed 04/11/2000).

Insurance Services Policy #61.15, "Residence Construction by Contractors," is amended. Employer services staff use this policy to clarify the employer/employee relationship for worker's compensation insurance purposes during the construction of a private residence by individuals in the construction business, trade, or profession. Section number 2, which referred to collecting premiums, was deleted and will be addressed as a separate policy. (Amended 04/11/2000).

Insurance Services Policy #61.21, "Determining Coverage Requirements for Members/Managers of a Limited Liability Company (LLC)," is a new policy developed to help employer services staff identify and define members of LLCs and explain the reporting requirements for members/managers who are exempt from workers' compensation. (Issued 08/04/2000).

Insurance Services Policy #61.22, "Municipalities & Special Purpose Districts," is amended. This policy defines municipalities and describes how to deal with their unique characteristics for workers' compensation insurance purposes. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #62.04, "Businesses Awarded Department of Energy Contracts," is repealed. This policy was used by employer services staff to provide consistency in the handling of businesses that were awarded contracts with the Department of Energy. (Repealed 04/11/2000).

Insurance Services Policy #63.20, "Risk Classification Changes," is amended. Employer services staff apply this policy whenever an Industrial Insurance classification change is not the result of an audit. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #64.02, "Sick Leave, On-Call, Vacation, and Bonus Payments -- Exceptions" is repealed. This policy provided guidelines for employer services staff for worker's compensation insurance payments that are not considered remuneration for hours worked and are not reportable. (Repealed 04/11/2000).

Insurance Services Policy #64.03, "Reporting Hours -- School Districts," is amended. Employer services staff use this policy to clarify methods by which schools and/or school districts may report worker hours of employer contract personnel. Washington Administrative Code references were updated. (Amended 08/04/2000).

Insurance Services Policy #64.08, "Reportable Travel Time," is a new policy that employer services staff apply to determine when employers must report travel time for worker's compensation insurance purposes. (Issued 04/11/2000).

Insurance Services Policy #64.30, "Payments on Account -- Applying," is amended. This policy provides guidelines for employer services staff when applying payment on an employer's Industrial Insurance account. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #64.60, "Minimum in Tolerance Amount," is amended. Employer services staff apply this policy when there is a balance of $9.99 or less, either credit or debit, remaining on an employer's Industrial Insurance account. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #65.01, "Penalty and Interest Assessment and Waivers on Account Balances," is amended. This policy provides guidelines for employer services staff to use in the assessment of waivers of penalty and interest on state fund employer account balances contained on the Department of Labor and Industries' Employer Account System (EASE) computer system. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #66.01, "Processing of Hot Claims," is amended. Employer services staff apply this policy when priority workers' compensation claims are received on-line from claims initiation staff. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #68.01, "Requesting Classification Studies," is amended. Employer services staff apply this policy when an internal or external stakeholder believes an Industrial Insurance classification study is needed. It provides guidelines for when a classification study is appropriate. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #68.01, "Requesting Classification Studies," is amended. Employer services staff apply this policy when an internal or external stakeholder believes an Industrial Insurance classification study is needed. It provides guidelines for when a classification study is appropriate. The effective date was corrected on this policy. (Amended 08/04/2000).

Insurance Services Policy #68.50, "Conducting Classification Studies," is amended. Employer services staff apply this policy when a study of Industrial Insurance risk classifications is to be conducted. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #68.51, "Risk Classification Conversions," is amended. Employer services staff apply this policy when it is necessary to convert one Industrial Insurance risk classification into another. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #91.01, "Audit Request and Referrals," is amended. This policy applies to all Department of Labor and Industries audit and investigation requests and referrals of employer accounts. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #91.03, "Premium Audits on Accounts Involved in a Classification Study," is amended. This policy outlines when an audit may be conducted on an employer whose business was surveyed as a part of a classification study performed by classification services at the Department of Labor and Industries. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #91.04, "Out-of-State Audit and Investigation Assignments," is amended. This policy is used to assign responsibility for completion of assignments in employer services when a firm's headquarters is located out of state. Minor changes in formatting were made to this policy. (Amended 08/04/2000).

Insurance Services Policy #91.22, "Taking Possession of Employer Records," is amended. This policy applies when department staff from the Insurance Services division take possession of an employer's records. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #91.80, "Award Notices -- Receiving, Processing, and Mailing," is amended. This policy applies when a contractor submits an award notice to the Department of Labor and Industries. Changes were to format only. (Amended 04/11/2000).

Insurance Services Policy #91.81, "Request for Release Forms -- Receiving, Processing, and Mailing," is amended. This policy applies whenever a contractor submits a Request for Release form to the Department of Labor and Industries. Changes were to format only. (Amended 04/11/2000).

     Contact: Linda Norris, Mailstop 4-4310, (360) 902-4999, Douglas Connell, Assistant Director.

WISHA (Washington Industrial Safety and Health Act) Services Division:

WISHA Regional Directive #6.69, "Abrasive Operations Using Cutoff Wheels and Masonry Saws, WAC 296-24-18005(5), WAC 296-155-365(4) and WAC 296-155-367(1)" is repealed. It clarified the appropriate enforcement approach for cutoff wheels and masonry saws. The substance of this WISHA Regional Directive was incorporated into rule. (Repealed 07/28/2000).

WISHA Regional Directive #10.05, "Ergonomics Activity During Initial Phase-In," is a new policy that provides guidance for all WISHA consultation and compliance activities during the phase-in period of the new ergonomics standard to ensure appropriate and consistent approaches to ergonomics issues. It also provides necessary guidance to deal with immediate consultation and other technical assistance requests. (Issued 07/07/2000).

WISHA Regional Directive #11.40, "Bloodborne Pathogens," is a new policy that provides guidance for all WISHA enforcement and consultation activities involving WAC 296-62-08001, the Bloodborne Pathogens Standard. (Issued 07/03/2000).

WISHA Regional Directive #11.45, "First-Aid Certification & Bloodborne Pathogen Requirements," is repealed. It provided guidance to WISHA Consultation and Compliance staff encountering situations where first-aid trained employees were called upon to respond to first-aid incidents in relation to the Bloodborne Pathogens Standard. It was replaced by WISHA Regional Directive #11.40, "Bloodborne Pathogens." (Repealed 07/03/2000).

WISHA Regional Directive #21.25, "Use of PFDs," is a new policy that provides guidance for all WISHA enforcement and consultation activities involving the use of personal flotation devices (designed to protect employees from the danger of drowning when working over or on the water). This policy replaces any previous guidance on the subject, whether formal or informal. (Issued 07/03/2000).

WISHA Regional Directive #29.72, "Tag Line Use," is a new policy that provides guidance for all WISHA enforcement and consultation activities involving the requirements of WAC 296-155-525 (2)(f) as they relate to loads suspended from hoist lines of cranes or similar equipment. This policy replaces any previous guidance on the subject, whether formal or informal. (Issued 07/03/2000).

WISHA Regional Directive #32.15, "Diving Search & Rescue," is a new policy that provides guidance for all WISHA enforcement and consultation activities involving the application of chapter 296-37 WAC (the diving standard) to the public sector (or private employers involved in search and rescue, including those acting in support of the public sector). This policy replaces any previous guidance on the subject, whether formal or informal. (Issued 07/03/2000).

WISHA Regional Directive #92-6A, "Enforcement Procedures for Occupational Exposure to the Bloodborne Pathogens Standard," is repealed. It provided guidance for the WISHA consultation and compliance activities involving the Bloodborne Pathogens Standard. It was replaced by WISHA Regional Directive #11.40, "Bloodborne Pathogens." (Repealed 07/03/2000).

WISHA Regional Directive #93.3, "Handling and Storage of Criminal Evidence in Accordance with the Requirements of the Bloodborne Pathogens Standard (BBP), Chapter 296-62 Washington Administrative Code (WAC), Part J," is repealed. It provided guidance for WISHA enforcement and consultation staff when evaluating employer compliance for the handling and preservation of specimens/criminal evidence by law enforcement agencies and other (private and public) agencies such as courts, mortuaries, crime laboratories, county police agencies, etc. It was replaced by WISHA Regional Directive #11.40, "Bloodborne Pathogens." (Repealed 07/03/2000).

WISHA Interim Interpretative Memorandum #98-11-B, "Post-Exposure Following-up for Bloodborne Pathogen Exposure," is repealed. It provided guidance to WISHA enforcement and consultation staff regarding the appropriate application of the Bloodborne Pathogens standard in WAC 296-62-08001 (6)(a)(ii)(D), "Bloodborne Pathogens." It was replaced by WISHA Regional Directive #11.40, "Bloodborne Pathogens." (Repealed 07/03/2000).

     Contact: Marcia Benn, Mailstop 4-4648, (360) 902-5503, Dr. Michael Silverstein, Assistant Director.

     If you have any questions or need additional information, please call 902-4216.

Doric Olson

Legislative and

Governmental Affairs Office

© Washington State Code Reviser's Office