WSR 01-19-021

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed September 12, 2001, 1:14 p.m. ]

     In accordance with RCW 34.05.230(12), following is a list of Policy and Interpretive Statements issued by the department for July and August 2001. If you have questions or need additional information, please call Christine Swanson at (360) 902-4216.


POLICY AND INTERPRETIVE STATEMENTS


Insurance Services Services Division


     Insurance Services Policy #A. 03 "Confidential Information Obtained from other State Agencies," is a new policy developed to cover the handling of confidential information received when accessing other state agencies' files or records. This policy applies to crime victims. This policy was issued on August 17, 2001.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.

     Doug Connell

     Assistant Director


     Insurance Services Policy #61.23 "Determining the Status of a Sub Contractor who only Furnishes Labor," is a new policy that applies when determining Industrial Insurance coverage for subcontractors engaging in a business registered under chapter 18.27 RCW, or licensed under chapter 19.28 RCW, who perform work for a contractor and who do not furnish anything other than their personal labor. This policy does not apply to crime victims. This policy was issued on August 17, 2001.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.

     Doug Connell

     Assistant Director


     Insurance Services Policy #64.90 "Qualification for Drug-Free Workplace Discount," has been repealed. The drug-free workplace program was discontinued, so this policy is no longer needed. This policy does not apply to crime victims. This policy was repealed on August 17, 2001.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.

     Doug Connell

     Assistant Director


     Insurance Services Policy #64.91 "Application of Drug-Free Workplace Discount," has been repealed. The drug-free workplace program was discontinued, so this policy is no longer needed. This policy does not apply to crime victims. This policy was repealed on August 17, 2001.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.

     Doug Connell

     Assistant Director


     Insurance Services Policy #64.92 "Enrollment Deadline for Drug-Free Workplace Discount," has been repealed. The drug-free workplace program was discontinued, so this policy is no longer needed. This policy does not apply to crime victims. This policy was repealed on August 17, 2001.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.

     Doug Connell

     Assistant Director


     Insurance Services Policy #94.93 "Maximum Premium Discount for Drug-Free Workplace Discount," has been repealed. The drug-free workplace program was discontinued, so this policy is no longer needed. This policy does not apply to crime victims. This policy was repealed on August 17, 2001.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.

     Doug Connell

     Assistant Director


     Insurance Services Policy #74.02 "Adjusting Claim Cost Penalties," is a new policy developed to provide guidelines to litigation specialists for the adjudication of claim cost penalties that have been assessed under RCW 51.48.101. This policy does not apply to crime victims. This policy was issued on August 17, 2001.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.

     Doug Connell

     Assistant Director


     Insurance Services Policy #91.20 "Using Internal Revenue Service (IRS) Information," is a new policy that applies to the use of confidential documentation obtained from the IRS. It has been updated to clarify who maintains the list of authorized requesters, and who is considered an authorized requester. This policy does not apply to crime victims. This policy was issued on August 17, 2001.

     Contact Linda Norris, Mailstop 4310, phone (360) 902-4999.

     Doug Connell

     Assistant Director


Specialty Compliance Services Division


     Specialty Compliance Policy #ES.F.3 "Procedure for Issuing Notices of Infraction Order for Violations of Chapter 296-131 WAC," is a new policy. The civil infraction process was revised to be in compliance with chapter 7.80 RCW, Civil infraction. The department, in its capacity as a law enforcement agency, will begin issuing nontraffic civil infractions to agricultural employers when there is a reasonable cause to believe the employer has committed an infraction contrary to chapter 49.30 RCW, Agricultural labor or chapter 296-131 WAC, Agricultural employment standards. The monetary penalty per RCW 7.80.120 is $250 per violation. Infractions may be contested in district court. Policy #ES-039 is repealed and replaced with this policy. This policy was issued on June 28, 2001.

     Contact Elaine Fischer, Mailstop 4510, phone (360) 902-5552.

     Patrick Woods

     Assistant Director


WISHA Services Division


     WISHA Regional Directive (WRD) #2.15 "Targeting WISHA activities (Construction)," is a new policy that provides guidance to WISHA enforcement and consultation staff regarding programmed activities within construction. It replaces and rescinds WISHA Interim Operations Memorandum, #98-6-D and will remain in effect indefinitely. This policy was issued on August 14, 2001.

     Contact Marcia Benn, Mailstop 4648, phone (360) 902-5503.

     Michael Silverstein

     Assistant Director


     WISHA Regional Directive (WRD) #27.00 "Contractor Responsibility Under Stute [States] v. PBMC," is a clarification of the original Stute [State] WRD which established guidelines for WISHA enforcement and consultation staff when assessing a prime or general contractor's compliance with WISHA as it applies to a subcontractor or its employee. WISHA Interim Interpretative Memorandum (WIIM) #96-3-A, "Citations of Contractors Under Stute [States]" has been rescinded, since the guidance contained in it has been incorporated in the amended WISHA Regional Directive 27.00.

     Contact Marcia Benn, Mailstop 4648, phone (360) 902-5503.

     Michael Silverstein

     Assistant Director

Christine Swanson

Legislative and

Governmental Affairs Office

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