WSR 16-17-132
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed August 23, 2016, 12:11 p.m.]
Subject of Possible Rule Making: Chapter 296-17A WAC, Classifications for Washington workers' compensation insurance, the department is considering reclassifying paver stone installation work. Currently, paver stone installation work is classified in 0302, Masonry ($5.55/hour in 2016). Landscape contractors who do incidental paver stone installation work as part of a landscape contract are eligible to report in 0301, Landscape construction ($2.03/hour in 2016).
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.16.035.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Labor and industries (L&I) is required by RCW 51.16.035 to establish and maintain a workers' compensation classification plan that classifies according to the degree of hazard and recognized insurance principles as described in WAC 296-17-31029. Department study found:
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Paver stone installation companies and landscape construction companies have similar risk exposure to injury due to similar processes.
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Paver stone installation companies that only do paver installation are in competition with landscapers.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other agency regulates the workers' compensation classification plan in the state of Washington.
Process for Developing New Rule: Agency study; and this proposal follows an agency study. The study recommended rule making to maintain the integrity of the classification plan. Employers affected by any rule making the department considers will receive notice before and after the department makes any proposals. Interested parties may participate by commenting before proposals are made, by testifying at the public hearing, or by providing written comment after the proposal is filed.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. L&I is planning to hold a formal public hearing in December 2016, in Tumwater. Inquiries can be directed to Karen Chamberlain, Classification Services, P.O. Box 44148, Olympia, WA 98504-4148, phone (360) 902-4772, fax (360) 902-4988, e-mail Karen.Chamberlain@lni.wa.gov.
August 23, 2016
Joel Sacks
Director