WSR 08-05-102

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed February 19, 2008, 8:10 a.m. ]

Subject of Possible Rule Making: Chapter 296-17A WAC, Classifications for Washington workers' compensation insurance.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.16.035 and 51.16.100.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Labor and industries is required by law to establish and maintain a workers' compensation classification plan that classifies all occupations or industries within the state and sets basic rates of premium for the classifications that are distributed fairly (RCW 51.16.035). The department has conducted a review of various classifications and determined that certain classifications are in need of revision for purposes of clarification. Revisions are being considered for the following classifications: Housekeeping editing updates are being proposed to three classes: WAC 296-17A-2004, 296-17A-3303, and 296-17A-3304.

Housekeeping clarification updates/changes/notes are being proposed to nine classes: WAC 296-17A-0607, 296-17A-1401, 296-17A-2102, 296-17A-3404, 296-17A-4906, 296-17A-5003, 296-17A-6602, 296-17A-6603, and 296-17A-7202.

Proposing to create one new subclassification: WAC 296-17A-0202.

Proposing to repeal one subclassification: WAC 296-17A-3402-11.

Proposing to repeal one classification: WAC 296-17A-4801 effective January 1, 2009.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state, local or federal agency regulates this subject.

Process for Developing New Rule: Labor and industries will solicit input from the business community by way of direct mailings, the internet, and/or informal public meetings. Labor and industries will use this input to formulate proposed changes to the existing classifications and advise customers of future rule making by direct mailing and/or the internet.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Labor and industries will mail letters with ideas on possible rule changes to affected employers. Employers will be encouraged to participate in the process to share ideas and/or attend meetings. Employers can obtain information on our process at the employer services web site (www.lni.wa.gov/insuranceservices/employerservices) and can submit comments electronically to moom235@lni.wa.gov or by calling (902) [(360)] 902-4774 or by fax at (360) 902-4729.

February 19, 2008

Judy Schurke

Director

Washington State Code Reviser's Office