WSR 05-07-025

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed March 8, 2005, 11:45 a.m. ]

     In accordance with RCW 34.05.230(12), following are the policy and interpretive statements issued by the department for January and February 2005.

     If you have any questions or need additional information, please call Carmen Moore at (360) 902-4206.


POLICY AND INTERPRETIVE STATEMENTS


WISHA

     WISHA Regional Directive (WRD) 5.40, "PVC Pipe in Compressed Air Systems"

     This directive applied to all WISHA enforcement and consultation activities involving the requirements of WAC 296-800-11005 (which requires employers to provide a workplace free from recognized hazards) as they relate to the use of PVC pipe in compressed air systems, has been rescinded. This issue is now addressed in the portable power tools standard, chapter 296-807 WAC, which became effective August 1, 2003. This policy was repealed August 1, 2003.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


     WISHA Regional Directive (WRD) 21.95, "Enforcement Activity Related to Piers and Docks"

     WISHA Regional Directive (WRD) 21.95, "Enforcement Activity Related to Piers and Docks," applies to all WISHA enforcement and consultation activities involving the application of WAC 296-56-60117 Maintenance and load limits (re: structural integrity of waterfront structures). It replaces and rescinds WISHA Interim Operations Memorandum 99-1-I. This new policy was issued February 25, 2005.

     Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.


Insurance Services


     Insurance Services Program: Employer Services, State Fund Claims Administration.


     POLICY 64.07 Prorating Assumed Hours for Salaried/Commissioned Employees.

     This policy applies to state fund and self-insured workers' compensation claims. This policy does not apply to crime victims claims. This policy provides guidelines for staff when employers who have salaried or commissioned personnel in their employ and have chosen to use the assumed hours method of calculating premium. This policy was amended January 1, 2005.

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


     Insurance Services Program: Services, State Fund Claims Administration and Self-Insurance.


     POLICY 72.09 Pursuing General or "Prime" Contractor's Liability.

     This policy applies to state fund and self-insured workers' compensation claims. It does not apply to crime victims. This policy provides guidelines for revenue officers in pursuing prime contractor liability (PLC), which will be universally applied to all "prime contractors" and not just those in construction. This policy was amended January 1, 2005.

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


     Insurance Services Program: Employer Services, State Fund Claims Administration.


     POLICY 64.60 Minimum in Tolerance Amount.

     This policy applies to state fund workers' compensation claims. This policy does not apply to crime victims and self-insured claims. This policy provides guidelines for policy managers, revenue officers and field audit staff when there is a premium balance of $9.99 or less, either credit or debit, remaining on an employer's industrial insurance account. This policy was amended January 1, 2005.

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


     Insurance Services Program: Employer Services, State Fund Claims Administration.


     POLICY 91.24 Audit Time Period for State Fund.

     This policy applies to state fund workers' compensation claims. It does not apply to crime victims and self-insured claims. This policy provides the length of time for an audit period. It applies to all audits of state fund employer accounts, including out-of-state audits. This policy was amended January 1, 2005.

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


     Insurance Services Program: Services, State Fund Claims Administration and Self-Insurance.


     POLICY 91.54 Establishing General or "Prime" Contractor's Liability.

     This policy applies to state fund and self-insured workers' compensation claims. This policy does not apply to crime victims. This policy provides guidelines for staff in establishing prime contractor liability (PCL) in the course of an audit. This policy was amended January 1, 2005.

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

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