WSR 16-11-082
PERMANENT RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed May 17, 2016, 10:36 a.m., effective July 1, 2016]
Effective Date of Rule: July 1, 2016.
Purpose:
 
WAC Numbers
WAC Description
What is Changing
Reason for Change
1.
296-17A-0504-21
Painting: Exterior buildings or structures, N.O.C.;
Cleaning: Interior/exterior of oil or gas storage tanks, beer vats, and sewage treatment tanks.
Add the following reference for asbestos information:
Special note:  See asbestos certification and training requirements at www.lni.wa.gov.
Safety and ease of doing business. Staff from DOSH requested we reference requirements for handling asbestos in our classification rules. Asbestos handling is allowed in several classifications and DOSH staff want to make sure customers are thinking of the safety requirements also.
 
296-17A-0512-00
Insulation or sound proofing materials: Installation, N.O.C.
 
296-17A-0512-01
Asbestos abatement.
 
296-17A-0521-00
Painting building interiors; wallpaper hanging/removal.
 
296-17A-4305-20
Hazardous waste and toxic material processing or handling, N.O.C.
2.
296-17A-4808-01
Farms: Diversified field crops – not for fresh market.
Correcting reference from 2102, Warehouse general merchandise, to 2104, Vegetable packing - Fresh.
The wrong classification was referenced in the July 2015 rewrite of the classification.
3.
296-17A-4814
296-17A-4815
296-17A-4816
Farms – internship program.
Remove outdated references to "governing classification" and WAC 296-17-310171.
References are no longer correct due to rule language changes made in July 2014 that repealed WAC 296-17-310171, which removed the practice of identifying the governing classification.
4.
296-17A-6408
Dealers: Farm machinery/implement.
Add note that sales may be reported in 6303 if businesses have sales representatives with no exposure to machinery and who meet criteria for WAC 296-17-31018 Exception classifications.
Ease of doing business. The scopes language for 6408 and 6409 was not clear about whether sales activities in 6408 and 6409 were allowed to be reported in 6303.
 
296-17A-6409
Dealers: Service/repair garages, machinery, equipment, N.O.C.
Staff requested clarification due to the difficulty understanding the intent of the language. This will reduce confusion for external customers and allow staff to provide consistent guidance to customers.
5.
296-17A-6902-03
Logging railroad - construction or maintenance.
Correct classification reference from WAC 296-17-675 to 296-17A-5206.
This reference was overlooked when classifications were renamed and put into new chapter 296-17A WAC in 2006.
6.
296-17A-6907
Household furnishings - moving and storage.
Add exclusion to 6907 for modular work stations and office furniture, which are to be reported in 2002-13.
Ease of doing business. Currently, the exclusions in 6907 do not reference moving/assembly of office furniture and modular work stations - 6907 exclusions only say that non-household furnishings go in the warehouse classification.  Classification 2002 is not for warehouses; subclassification 2002-13 is freight handling, and already includes office furniture and modular work stations.
Staff requested clarification due to the difficulty understanding the intent of the language. This will reduce confusion for external customers and allow staff to provide consistent guidance to customers.
7.
296-17A-7204
Preferred workers.
Delete descriptions of eligibility and program details; add reference to preferred worker, chapter 296-16 WAC; specify that all jobs are allowed in classification 7204.
SHB 1496, enacted July 24, 2015, allows employers of injury [injured workers] to employ their injured workers as preferred workers (PW), if the employer and the injured worker qualify for the PW program.
7204 currently outlines eligibility and program details of the PW program. By removing the chapter 296-16 WAC details, adding a reference to chapter 296-16 WAC, and specifying that all jobs are allowed in classification 7204, we are minimizing potential for future classification inconsistencies and required updates if changes happen within the PW program.
The department reviewed these chapters and made revisions to:
Correct typographical and other errors (such as invalid telephone numbers and out-of-date references),
Revise wording and formatting to make the rules easier to understand and apply, and
Incorporate and formalize existing agency practices (such as expressly including in a risk classification employment that the department currently includes by interpretation or analogy).
Revise wording in Classification 7204, Preferred workers, to align with PW program changes made as a result of SHB 1496 enacted July 24, 2015.
The purpose of this rule making is not to make substantive changes to how the department classifies employment, but to review and revise the classification plan to ensure it is clear and understandable. These changes will not change the way we calculate employer rates, our reporting requirements, or how we classify businesses.
As part of this rule making, the department also reviewed these chapters as required by SSB 5679 (chapter 30, Laws of 2013 2nd sp. sess.) to make changes where possible to reduce the regulatory burden on employers insured with the state fund.
Citation of Existing Rules Affected by this Order: See Purpose above.
Statutory Authority for Adoption: RCW 51.04.020 and 51.16.035.
Adopted under notice filed as WSR 16-07-119 on March 22, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 13, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 13, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 17, 2016.
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 12-11-109, filed 5/22/12, effective 7/1/12)
WAC 296-17A-0504 Classification 0504.
0504-06 Waterproofing, N.O.C.: Buildings or structures
Applies to contractors engaged in waterproofing buildings or structures not covered by another classification (N.O.C.). This classification includes the application of waterproofing or sealant material to surfaces or cracks and voids to eliminate leaks in all types of buildings or structures, regardless of height. Such structures may include, but are not limited to:
Foundations and foundation walls((,));
• Walls((,));
• Floors((,));
• Decks((,));
• Fences((,));
• Walkways; and
• Driveways.
Waterproof material is applied to a variety of surfaces such as:
• Wood((,));
• Concrete((,));
• Asphalt((,));
• Steel((,));
• Metal((,));
• Plaster((,)); or
• Stone.
There are several types of waterproof processes which may include:
Membrane, which adheres long strips of rubber and pumice to exterior walls or foundations with the use of primer;
• Pressure injection, which uses a long wand inserted into the ground to fill cracks;
• Epoxy injection, which is performed on the interior or exterior with use of a caulk gun to inject a silicon material into cracks; or
• Application with use of a brush, roller or spray directly onto the surface.
This classification excludes:
Excavation work performed in conjunction with a waterproofing contract which is to be reported separately in classification 0101;
• Waterproofing operations performed in connection with roofing or subaqueous work which are to be reported separately in the classification applicable to the work being performed;
• The application of asphalt sealant or waterproof materials to roadways and parking lots which is to be reported separately in classification 0219;
• Filling cracks or voids with like materials which is to be reported separately in the classification applicable to the repair work being performed; and
• The application of waterproof materials performed by a concrete contractor as part of the concrete construction project which is to be reported separately in the classification applicable to the work being performed.
Special note: If excavation work is performed (to remove dirt away from a foundation wall or to push it against the wall after the waterproofing material is applied) classification 0101 applies, regardless of the type of contractor performing the excavation work.
0504-18 Pressure washing services or sandblasting, N.O.C.: Buildings or structures
Applies to contractors engaged in pressure washing or sandblasting buildings or structures, not covered by another classification (N.O.C.). This classification includes cleaning, washing, pressure washing or sandblasting to remove dirt, moss, rust or old paint. Pressure washing involves a forced spray of air and water to remove unwanted surface materials. Sandblasting, or abrasive blasting, involves a forced spray of sand, steel, or glass. This classification includes the cleaning of roofs, gutters, and downspouts, and the removal of moss or snow from multiple story buildings.
This classification excludes:
Contractors engaged in multimedia blasting in shop which is to be reported separately in classification 3402;
• Pressure washing or sandblasting by a painting contractor as a part of the preparation for painting exterior buildings, structures, or the interior/exterior of tanks which is to be reported separately in the classification 0504-21;
• Pressure washing as a part of interior building painting contracts which is to be reported separately in classification 0521;
• Cleaning or washing roofs, or removing snow from, single story buildings (when the cleaning or washing is not part of a painting or roofing contract) which is to be reported separately in classification 6602;
• Waterproofing buildings or structures, N.O.C. which is to be reported separately in classification 0504-06; and
• Pressure washing or sandblasting operations performed in conjunction with and as a part of another type of business such as a foundry, metal goods manufacturer, auto body repair shop, etc., which is to be reported separately in the applicable classification.
0504-20 Lead abatement
Applies to contractors engaged in lead abatement which is performed on structures where there are significant amounts of lead-based paint and lead dust. Contractors must comply with various governmental regulations. The first step in all lead abatement projects is the preliminary testing of the site to determine the presence of lead and the extent of the contamination. If the ground surrounding the proposed worksite is contaminated, it will require remediation, which is done by a soil remediation contractor who is to be reported separately in the appropriate classification. The next step is deciding which abatement procedure is right for the project such as:
Encapsulation which is used on interior surfaces to seal the lead-based paint with a bonding material;
• Enclosure which is used on interior and exterior surfaces and involves constructing special airtight enclosures made out of gypsum wallboard, plywood paneling, aluminum, vinyl or wood exterior sidings;
• Component replacement which involves removing building components such as paneling, moldings, windows and doors which are coated with lead-based paint and replacing them with new components; and
• Chemical removal, abrasive removal or hand scraping which are methods to physically remove the lead paint.
This classification includes all preparation work and all cleanup work.
This classification excludes:
Soil remediation work which is to be reported separately in classification 0101;
• Asbestos abatement which is to be reported separately in classification 0512; and
• Lead abatement as part of a painting contract for interior/exterior of buildings or structures, or the interior/exterior of tanks which is to be reported separately in the applicable classification.
0504-21 Painting: Exterior buildings or structures, N.O.C.; Cleaning: Interior/exterior of oil or gas storage tanks, beer vats, and sewage treatment tanks
Applies to contractors engaged in painting the exterior of all types of buildings or structures not covered by another classification (N.O.C.), regardless of height. Buildings and structures include, but are not limited to:
Bridges((,));
• Towers((,));
• Smokestacks((,));
• Stadiums((,));
• Factories((,));
• Warehouses((,));
• Stores((,));
• Churches((,)); and
• Residential or commercial single or multiple story buildings.
Paint is applied by brush, roller or spray to a variety of surfaces such as wood, concrete, steel, metal, plaster, stone, or other types of exterior surfaces. This classification includes all preparation work such as the set up of scaffolding or power lifts, pressure washing, removal of old paint or asbestos, sandblasting, taping or masking, and cleanup work. This classification also applies to cleaning, coating, or painting the interior/exterior of oil or gas storage tanks, beer vats, or sewage treatment tanks.
This classification excludes:
Contractors engaged in waterproofing buildings or structures, N.O.C. which are to be reported separately in classification 0504-06;
• Pressure washing services or sandblasting of buildings or structures which are to be reported separately in classification 0504-18;
• Interior painting of buildings which is to be reported separately in classification 0521;
• Painting of murals or other artwork on the interior of buildings which is to be reported separately in classification 4109; and
• Painting of murals or other artwork on the exterior of buildings which is to be reported separately in classification 0403.
Special note: See asbestos certification and training requirements at www.lni.wa.gov.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-0512 Classification 0512.
0512-00 Insulation or sound proofing materials: Installation, N.O.C.
Applies to contractors engaged in installing insulation or sound proofing materials not covered by another classification (N.O.C.). This classification includes the installation or removal of insulation material for all types of residential or commercial buildings or structures. Insulation materials include, but are not limited to((,)):
• Flexible types in the form of blankets, rolls or quilts((,));
• Loose fills or mineral substances in granulated, powder, cellulose or fibrous wood forms((,));
• Pads and bats of mineral wool((,));
• Slabs of cork board or wood fiber((,));
• Rigid types such as wood and sugarcane fiberboard or panels((,)); and
• The reflective type often consisting of aluminum foil encased in paper.
The methods of installation include hand, blower, nailing, or cementing with special adhesive.
This classification includes ((the)):
• Installation of suspended or acoustical grid ceilings((. This classification includes));
• Installation of weather strip and caulking, roof or soffit ventilators, energy efficient doors and related carpentry work done in connection with the weatherization or retrofitting of buildings and residences((. This classification also includes the));
• Application of polystyrene strips placed as insulation on the tops of mobile homes.
This classification excludes ((the)):
• Installation of glass windows in buildings which is to be reported separately in classification 0511;
• Energy auditors with no installation or delivery duties who may be reported separately in classification 6303 provided all the conditions of the general reporting rules covering standard exception employees have been met;
• Asbestos abatement which is to be reported separately in classification 0512-01; lead abatement which is to be reported separately in classification 0504; and ((the))
• Installation of insulated covering on boilers or steam pipes which is to be reported separately in classification 0306.
Special note: See asbestos certification and training requirements at www.lni.wa.gov.
0512-01 Asbestos abatement
Applies to contractors engaged in the removal of asbestos. Work contemplated by this classification includes all operations such as, but not limited to((, the)):
• Removal of damaged, deteriorated or unwanted existing asbestos coverings and material from buildings and other structures such as, but not limited to, ceilings, walls, partitions, floors, and from around air conditioning and heating ducts((. Also included in this classification is the));
• Removal of asbestos insulated covering around boilers and steam pipes, asbestos used as insulation, fireproofing, and in various building materials such as floor coverings, ceiling tiles, cement sheeting, granular and corrugated wrap, and acoustical and decorative treatment for walls and ceilings.
This classification excludes:
• Contractors engaged in the installation of boiler and steam pipe insulation coverings who are to be reported separately in classification 0306;
• Lead abatement which is to be reported separately in classification 0504;
• Asbestos abatement as a part of painting the interior or exterior of buildings or structures or the interior/exterior of tanks which is to be reported separately in the applicable classification.
Special note: See asbestos certification and training requirements at www.lni.wa.gov.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-0521 Classification 0521.
0521-00 Painting building interiors; wallpaper hanging/removal
Applies to contractors engaged in painting building interiors regardless of the height inside the building. This classification includes building interiors such as, but not limited to((,)):
• Single and multiple story residential houses and commercial buildings((,));
• Warehouses((,));
• Factories((,));
• Coliseums((,));
• Theaters((,));
• Stores; and
• Churches.
The following structures are examples which would not meet the definition of a building or qualify as interior painting:
Bridges((,));
• Refineries((,));
• Grain silos((,));
• Water towers((,));
• Service station canopies((,)); or
• Tanks.
Paint is applied by brush, roller or spray to a variety of surfaces such as wood, wallboard, plaster, stucco, metal, concrete, or other types of surfaces found within the interior of a building.
This classification includes:
• All preparation work such as the set up of scaffolding, sanding, removal of old paint or asbestos, taping or masking, and clean up work((. This classification also includes));
• The hanging or removal of wallpaper. The process of hanging wallpaper includes cleaning or scraping walls to ensure the wallpaper will adhere to the surface. Depending on the type of wallpaper, adhesive is applied to the wall surface, the wallpaper, or both. Patterns are matched and the strip is applied to the surface and brushed smooth to remove the air pockets. This process is repeated until the entire job is complete((. This classification also includes));
• Refinishing or resurfacing of tubs, sinks, appliances and countertops.
This classification excludes:
• Exterior painting of buildings or structures which is to be reported separately in classification 0504. Classifications 0521 and 0504 may be assigned to the same employer provided accurate records are maintained which distinguish interior building painting contracts from exterior building or structure painting contracts((. This classification also excludes));
• Contractors engaged in waterproofing buildings or structures N.O.C., pressure washing services or sandblasting of buildings or structures, lead paint abatement, and the exterior painting of buildings or structures, including interior/exterior tanks which are all to be reported separately in classification 0504;
• Painting of murals or other artwork on the interior of buildings which is to be reported separately in classification 4109; and
• Painting of murals or other artwork on the exterior of buildings which is to be reported separately in classification 0403.
Special note: See asbestos certification and training requirements at www.lni.wa.gov.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-4305 Classification 4305.
4305-06 Garbage works or landfill: Reduction or incineration
Applies to establishments engaged in the disposal of refuse by processing or destruction, or in the operation of incinerators, landfills or other sites for disposal of such materials. Sanitary landfilling involves spreading typical household waste, in thin layers, compacting them to the smallest practical volume, and covering them with soil each working day in a manner that minimizes environmental impact. Sanitary landfills must have permits issued by a state regulatory program. Also included in this classification are solid waste landfills which are designed to accept construction debris such as plasterboard, cement, dirt, wood, and brush. Compactors may be used to compact the trash before it is discarded in the landfill. Incinerator operations reduce the volume of refuse with the remaining material and ashes being discarded in a landfill. Front end loaders are frequently used to feed the refuse into the incinerator. This classification includes:
• Cashiers collecting fees from customers((,));
• Incidental recycling or sorting operations conducted in connection with a landfill or garbage works operation by employees of an employer subject to this classification((,)); and
• Establishments that only sort refuse. (Refuse sorting centers are distinguished from "buy back centers" in that "buy back centers" collect recyclable materials which they sell to others while refuse sorting centers collect and dispose of materials.)
This classification excludes:
• Establishments engaged in solid waste, refuse or ashes collecting, including curbside recycle services which are to be reported separately in classification 4305-18;
• Cities or towns engaged in solid waste, refuse or ashes collecting, including curbside recycle services which are to be reported separately in classification 0803;
• Counties and taxing districts engaged in operating garbage works, landfill, reduction or incineration operations which are to be reported separately in classification 1501;
• Establishments engaged in hazardous waste and toxic material processing or handling, including processing of medical or septic tank waste, drug lab or hazardous spill cleanup (excluding oil spill cleanup on land), and reprocessing or handling of low-level radioactive materials, which are to be reported separately in classification 4305-20;
• Establishments engaged in tire dumps or collection centers which are to be reported separately in classification 4305-21; and
• Buy back (recycle) center operations that include the collecting, buying from customers, sorting and the baling and sales of materials which are to be reported separately in classification 2102.
4305-18 Solid waste, refuse or ashes collecting
Applies to establishments engaged in collecting and removing waste from private homes, commercial establishments, industrial facilities, and other sites. Refuse may be picked up on a daily, weekly, or other regular basis. Drivers are usually assigned designated routes to collect curbside garbage or transport metal dumpsters for commercial businesses. This classification also includes the curbside collection of recyclable material when performed by employees of an employer subject to this classification. Garbage collection companies have contracts to dump refuse at landfills or local transfer stations where refuse is compacted and later transferred to a landfill. Independent owners may also contract to run the services for a county or city. This classification also includes establishments engaged in mobile paper shredding services. A truck, similar to a small moving van, is outfitted with a paper shredder. Empty bins or cans are left at establishments such as banks and law offices which need to have documents shredded, the filled containers are picked up either on a regular basis or on call, and the paper shredded on-site. The shredded paper is delivered to recyclers or other businesses who use shredded paper.
This classification excludes:
• Establishments engaged in garbage works, landfill, reduction or incineration operations which are to be reported separately in classification 4305-06;
• Counties or taxing districts engaged in garbage works, landfill, reduction or incineration operations which are to be reported separately in classification 1501;
• Cities or towns engaged in solid waste, refuse or ashes collecting, including curbside recycling services which are to be reported separately in classification 0803;
• Establishments engaged in hazardous waste and toxic material processing or handling, including processing of medical or septic tank waste, drug lab or hazardous spill cleanup (excluding oil spill cleanup on land), and reprocessing or handling of low-level radioactive materials, which are to be reported separately in classification 4305-20;
• Establishments engaged in tire dumps or collection centers which are to be reported separately in classification 4305-21; and
• Recycle ("buy-back") center operations that include the collecting, buying from customers, sorting, and the baling of materials which are to be reported separately in classification 2102.
4305-20 Hazardous waste and toxic material processing or handling, N.O.C.
Applies to establishments engaged in the processing or handling of hazardous/toxic materials not covered by another classification (N.O.C.), including the processing of medical or septic tank waste, drug lab or hazardous spill cleanup (excluding oil spill cleanup on land), and reprocessing or handling of low-level radioactive materials. This classification is distinguished from classification 3701-27, in that 4305-20 applies to the processing or cleanup of hazardous/toxic materials while 3701-27 includes the identifying and repackaging for disposal of such materials as drugs, pesticides, chemicals, and toners. Hazardous waste can be defined as any material that contains hazardous elements in amounts high enough to pose a significant threat to human health and the environment and therefore should be isolated. Hazardous characteristics include the ability to bioconcentrate, ignite, corrode, react with water or other materials, or show toxicity such as toxic metals including lead, cadmium and mercury; organic solvents such as benzene and trichloroethylene; and toxic materials such as asbestos.
This classification excludes:
• Establishments engaged in garbage works, landfill, reduction or incineration operations which are to be reported separately in classification 4305-06;
• Establishments engaged in solid waste and refuse or ashes collecting, including curbside recycle services and mobile paper shredding operations, which are to be reported separately in classification 4305-18;
• Establishments engaged in tire dumps or collection centers which are to be reported separately in classification 4305-21;
• Soil remediation, including oil spill cleanup on land, which is to be reported separately in classification 0101;
• Asbestos abatement, all operations, which is to be reported separately in classification 0512;
• Processing of waste oils, solvents, antifreeze, paints, and other hazardous materials, which is to be reported separately in classification 3407; and
• Hazardous/toxic material repackaging for disposal, including drugs, pesticides, chemicals, and toners, which is to be reported separately in classification 3701.
Special note: See asbestos certification and training requirements at www.lni.wa.gov.
4305-21 Tire dumps or collection centers
Applies to establishments engaged in operating tire dumps or collection centers. The primary source of used vehicle tires are tire retailers who remove the tires from their customers' vehicles when replacement tires are sold. Occasionally community or charitable groups will hold a fund raising event where the public can drop off their used tires for a fee. Operations include, but are not limited to, picking up and hauling the used tires to a location where the tires can be stored or manually sorted into those with enough tread to be used on the highways; those casings suitable for retreading (either of which have a resale value); and those with no resale value which are hauled to an appropriate disposal site. This classification includes drivers as well as workers involved in the sorting operations.
4305-22 Debris removal: Construction sites or nonconstruction debris N.O.C.
Applies to establishments engaged in the collecting and removing of construction site debris left by construction crews. The debris may consist of scrap lumber, metal, wire, drywall, carpet and any other materials used in the construction of residential or commercial projects. This classification also includes the collecting and removal of nonconstruction debris. This includes, but is not limited to((,)):
• Basement debris((,));
• Household junk((,));
• Garden waste((,));
• Furniture; and
• Appliances.
The debris is loaded into dump trucks, utility trucks, dump trailers, or roll off dumpsters then transferred to a landfill or local transfer station.
This classification excludes:
• Establishments engaged in residential or commercial construction that remove and haul their own debris which is to be reported in the construction classification applicable to the work being performed;
• Establishments engaged in garbage works, landfill reduction or incineration operations which are to be reported separately in classification 4305-06;
• Establishments engaged in solid waste and refuse or ashes collecting, including curbside recycle services and mobile paper shredding operations which are to be reported separately in classification 4305-18;
• Establishments engaged in hazardous waste and toxic material processing or handling, including processing of medical or septic tank waste, drug lab or hazardous spill cleanup (excluding oil spill cleanup on land), and reprocessing or handling of low-level radioactive materials which are to be reported separately in classification 4305-20;
• Establishments engaged in tire dumps or collection centers which are to be reported separately in classification 4305-21; and
• Establishments engaged in preoccupancy cleanup of newly constructed residential or commercial structures which includes washing windows, vacuuming carpets, dusting woodwork, doors, cabinets, washing floors and fixtures which are to be reported separately in classification 6602-03.
AMENDATORY SECTION (Amending WSR 15-02-060, filed 1/6/15, effective 7/1/15)
WAC 296-17A-4808 Classification 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 ((2102)) 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.
AMENDATORY SECTION (Amending WSR 10-17-028, filed 8/9/10, effective 9/9/10)
WAC 296-17A-4814 Classification 4814.
4814-00 Farms: Internship program (to be assigned only by the agricultural specialist)
Applies to qualified farms engaged in providing an internship program for agricultural education. To qualify, the farm must hold a valid certification from labor and industries to provide an internship program that includes a curriculum of learning modules and supervised participation. The internship program is designed to teach farm interns about farming practices and farm enterprise.
Classification 4814 can only be assigned to those farms which have one of the following classifications assigned to their account as the governing classification: 4806, 4810, or 4813. ((For governing classification, reference: WAC 296-17-310171.))
Special note: The term "farm intern" applies to those certified to participate in the farm internship program. Intern hours must be reported exclusively in classification 4814. All other farm employees' hours are to be reported separately in the applicable farm classification that applies to the farm operation.
AMENDATORY SECTION (Amending WSR 10-17-028, filed 8/9/10, effective 9/9/10)
WAC 296-17A-4815 Classification 4815.
4815-00 Farms: Internship program (to be assigned only by the agricultural specialist)
Applies to qualified farms engaged in providing an internship program for agricultural education. To qualify, the farm must hold a valid certification from labor and industries to provide an internship program that includes a curriculum of learning modules and supervised participation. The internship program is designed to teach farm interns about farming practices and farm enterprise.
Classification 4815 can only be assigned to those farms which have one of the following classifications assigned to their account as the governing classification: 4802, 4803, 4805, 4809, 4811, or 4812. ((For governing classification, reference: WAC 296-17-310171.))
Special note: The term "farm intern" applies to those certified to participate in the farm internship program. Intern hours must be reported exclusively in classification 4815. All other farm employees' hours are to be reported separately in the applicable farm classification that applies to the farm operation.
AMENDATORY SECTION (Amending WSR 10-17-028, filed 8/9/10, effective 9/9/10)
WAC 296-17A-4816 Classification 4816.
4816-00 Farms: Internship program (to be assigned only by the agricultural specialist)
Applies to qualified farms engaged in providing an internship program for agricultural education. To qualify, the farm must hold a valid certification from labor and industries to provide an internship program that includes a curriculum of learning modules and supervised participation. The internship program is designed to teach farm interns about farming practices and farm enterprise.
Classification 4816 can only be assigned to those farms which have one of the following classifications assigned to their account as the governing classification: 4804, 4808, 7301, 7302, or 7307. ((For governing classification, reference: WAC 296-17-310171.))
Special note: The term "farm intern" applies to those certified to participate in the farm internship program. Intern hours must be reported exclusively in classification 4816. All other farm employees' hours are to be reported separately in the applicable farm classification that applies to the farm operation.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-6408 Classification 6408.
6408-03 Dealers: Farm machinery/implement
Applies to establishments engaged in the sale, lease, and/or rental, of new or used farm machinery and implements. This classification also applies to the service, repair and/or demonstration of those items by the dealer either on their premises or at the customer's site. For purposes of this classification the term farm machinery refers to engine-powered machinery such as, but not limited to((,)):
• Tractors, combines, and swathers((,));
• Riding mowers((,));
• Sprayers((,));
• Pumps((,)); and
• Generators.
Implements include, but are not limited to((,)):
• Plows((,));
• Discs((,));
• Balers((,)); or
• Rakes which are attached to and/or powered by farm machinery.
The variety of merchandise varies with the needs of the geographical area and may be displayed in inside showrooms and/or outside yards. In addition to parts for the machinery or implements, establishments in this classification may carry some automobile parts, hardware items, and supplies such as oil, filters, and belts. This classification includes:
• Lot sales and lot personnel((,));
• Service managers and employees((,));
• Parts department employees who have exposure to the service/repair shop or duties related to the sale of farm machinery or implements((,));
• Towing service for in-shop repairs((,));
• Delivery of merchandise to the customer((,)); and
• Regional sales and/or service representatives who provide factory service or training to local dealers and other customers.
Parts department employees who are not exposed to any hazards of the service/repair shop or have no duties related to the sale of farm machinery or implements may be reported separately in classification 6309. Sales employees with no exposure to machinery and who meet the criteria of WAC 296-17-31018 Exception classifications, may be reported in 6303.
This classification excludes:
• Establishments that repair and/or service farm type tractors, but ((who)) that are not involved in the sale of them, which are to be reported separately in classification 6409;
• Store operations of dairy equipment and supply dealers which are to be reported separately in classification 6407;
• The installation, service, or repair of dairy machinery or equipment which is to be reported separately in classification 0603;
• All field installation, service, or repair work of wind machine dealers which is to be reported separately in classification 0603; and
• The manufacture or structural repair of heavy machinery or equipment which is to be reported separately in classification 3402.
Special note: Care needs to be taken when considering the assignment of classification 6309 for the sale of parts. Most businesses assigned to classification 6408-03 have an inventory of parts or accessories which they use in the service or repair of farm machinery or implements, or maintain as a convenience to their customers. Only those businesses that maintain a complete line of replacement parts that is physically separated from the service/repair shop should be considered for classification 6309.
AMENDATORY SECTION (Amending WSR 14-17-085, filed 8/19/14, effective 9/19/14)
WAC 296-17A-6409 Classification 6409.
6409-00 Dealers: Service/repair garages, machinery, equipment, N.O.C.
Applies to establishments engaged in the sale, lease, rental, service, and/or repair of new or used machinery and equipment not covered by another classification (N.O.C.). For purposes of this classification the terms machinery or equipment include((s)), but are not limited to((,)):
• Semi-trucks((,));
• Diesel tractors((,));
• Buses((,));
• Construction equipment((,));
• Concrete barriers and other flagging equipment used in construction projects((,));
• Logging equipment((,));
• Transportation equipment((,));
• Freight hauling equipment((,));
• Well drilling equipment((,));
• Power generators((,)); and
• Industrial or manufacturing machinery.
Operations of dealers include, but are not limited to, the sale, lease, rental, demonstration, service, or repair of their equipment, either on their premises or at the customer's site, and delivery to customer. The variety of merchandise carried by a machinery and equipment dealer varies with the needs of the geographical area and may be displayed in inside showrooms and/or outside yards. Operations of service centers include diagnostic services, all phases of mechanical service such as, but not limited to, tuning, overhauling and/or rebuilding engines, motors, or transmissions, resurfacing heads, repairing carburetors or fuel injection systems and grinding valves or brakes on equipment or machinery owned by others. In addition to parts for the machinery and equipment, establishments in this classification may carry some automobile parts, hardware items, and supplies such as oil, filters, and belts. This classification includes:
• Lot sales and lot personnel((,));
• Service managers and employees((,));
• Parts department employees who have exposure to the service/repair shop or duties related to the sale of machinery/equipment((,));
• Towing service for in-shop repairs((, and));
• Regional sales and/or service representatives who provide factory service or training to local dealers and other customers; and
• The rental and installation of temporary fences.
Parts department employees who are not exposed to any hazards of the service/repair shop or have no duties related to the sale of machinery/equipment may be reported separately in classification 6309. ((This classification also includes the rental and installation of temporary fences.)) Sales employees with no exposure to machinery and who meet the criteria of WAC 296-17-31018 Exception classifications, may be reported in 6303.
This classification excludes:
• Farm machinery and equipment dealers who are to be reported separately in classification 6408;
• Store operations of dairy equipment and supply dealers which is to be reported separately in classification 6407;
• The installation of industrial plant equipment which is to be reported separately in classification 0603;
• The installation, service, or repair of dairy machinery or equipment which is to be reported separately in classification 0603;
• All field installation, service, or repair work of wind machine dealers which is to be reported separately in classification 0603; and
• The manufacture or structural repair of heavy machinery or equipment which is to be reported separately in classification 5109.
Special note: Care needs to be taken when considering the assignment of classification 6309 for the sale of parts. Most businesses assigned to classification 6409-00 have an inventory of parts or accessories which they use in the service or repair of machinery or equipment, or maintain as a convenience to their customers. Only those businesses that maintain a complete line of replacement parts that is physically separated from the service/repair shop should be considered for classification 6309.
AMENDATORY SECTION (Amending WSR 14-17-085, filed 8/19/14, effective 9/19/14)
WAC 296-17A-6902 Classification 6902.
6902-02 Logging road: Construction or maintenance
Applies to the construction or maintenance of logging roads. For purposes of this classification logging roads are roads for which the basic use is to provide access into a timber or forest area and for the transporting of logs out of the area by truck. This classification includes roads constructed on public or private land in connection with timber sales or logging, such as roads being constructed in accordance with the State Department of Natural Resources or the United States Forest Service timber sales. Logging roads contemplated by this classification are typically cleared and graded with a bulldozer and then paved with gravel, crushed rock, or large stones. Logging roads are generally engineered to support the weight of logging equipment and trucks but not necessarily to handle speeds and volume of nonlogging traffic. As a rule, these roads are not surfaced with asphalt or paved with concrete. Classification 6902 includes log road maintenance which is limited to keeping the road bed in good repair such as regrading and fill to repair washouts and ruts.
This classification excludes:
• The felling of timber, bucking and delimbing of all trees in the proposed roadway or adjacent shoulder and all other logging activities which are to be reported separately in classification 5001;
• All excavation, land clearing or grading as a part of roadway construction not in connection with a logging road which is to be reported separately in classification 0101;
• Construction of asphalt roads which is to be reported separately in classification 0210;
• Construction of concrete roads which is to be reported separately in classification 0214;
• Mechanical roadside brushing or machine application of chemicals which is to be reported separately in classification 5006; and
• Permanent shop or yard operations which are to be reported separately in classification 5206 provided the conditions of WAC 296-17A-5206 have been met.
6902-03 Logging railroad: Construction or maintenance
Applies to the construction or maintenance of logging railroads. For purposes of this classification logging railroads are side tracks and spurs which feed into existing railroad main lines. Log trucks haul logs from the cutting site to the logging railroad where they are loaded onto the logging railroad cars and transported to the main line. This classification includes railroads constructed on public or private land in connection with timber sales or logging, such as roads being constructed in accordance with the State Department of Natural Resources or the United States Forest Service timber sales. The construction includes clearing and grading with use of a bulldozer; laying dirt, rock and ballast; laying ties and track; and installing crossover frogs, switches, switch stands, switch mechanisms and crossing planks as needed. This classification also includes log railroad maintenance which is limited to keeping the railroad line operational.
This classification excludes:
• The falling of timber, bucking and delimbing of all trees in the proposed roadway or adjacent shoulder, and all other logging activities which are to be reported separately in classification 5001;
• The construction of railroad lines not in connection with a logging railroad which is to be reported separately in classification 0101;
• Construction of logging roads which is to be reported separately in classification 6902-02; and
• Maintenance and storage of equipment and material at a permanent yard or shop which is to be reported separately in classification 5206 provided the conditions of WAC ((296-17-675)) 296-17A-5206 have been met.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-6907 Classification 6907.
6907-01 Household furnishings moving and storage
Applies to establishments engaged in interstate and/or intrastate moving and/or storage of household furnishings. Work contemplated by this classification includes packing and unpacking, loading and unloading of household goods, transportation from one residence to another, and temporary storage of household goods in a warehouse. This classification includes the moving van drivers, packing personnel, laborers who assist in the loading and unloading operations, warehouse employees and truck mechanics.
This classification excludes:
• Intrastate and/or interstate delivery of nonhousehold furnishings which are to be reported separately in either classification 1101 or 1102, as applicable((, and));
• Nonhousehold furnishing warehouses, which are to be reported separately in the appropriate warehouse classification; and
• Firms providing moving and assembly of office furniture and modular work stations, which are reported in classification 2002-13.
Special note: Establishments subject to this classification are to report actual hours worked for each driver. However, the hours are to be capped at 520 hours per driver per quarter. Detailed information can be found in the general audit rule covering the trucking industry and in RCW 51.12.095.
AMENDATORY SECTION (Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)
WAC 296-17A-7204 Classification 7204.
7204-00 Preferred workers
Applies to "preferred workers" as certified by the department of labor and industries((. Preferred workers are workers who, because of a work-related injury or occupational disease, are unable to return to work with the same employer or, because of substantial impairment, unable to return to the same type of work. Before this classification can be assigned to an employer's account, the department must receive a completed "intent to hire" form from that employer within sixty days from the first date of employment. A worker may be certified as a preferred worker for a period of thirty-six months. A qualified employer who hires a preferred worker will receive up to thirty-six months of premium relief provided the preferred worker is in their employment during the same period of time. The only cost to the preferred worker and the employer will be the supplemental pension premium. If an injured worker sustains an injury within three years of the hiring date, all claims will be paid by the department through the second injury fund with no costs to the employer)) chapter 296-16 WAC and employers qualified according to chapter 296-16 WAC. The type of work performed by the preferred worker has no bearing on the assignment of this classification.