WSR 11-12-070

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 31, 2011, 8:28 a.m. ]

Subject of Possible Rule Making: Chapter 296-17 WAC, General reporting rules, audit and recordkeeping, rates and rating system for workers' compensation insurance and 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: Rules will be proposed to implement legislation requiring workers' compensation coverage for certain for-hire vehicle operators (taxi and limousine). The department is required to review the industry and consider alternative methods of reporting other than by hours worked. A group of individuals from the for-hire vehicle industry will be organized and consulted with to advise labor and industries regarding methods of implementation, classification, and to provide information to assist in setting rates.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of labor and industries will coordinate with the department of licensing and the utilities and transportation commission that license for-hire vehicles. These agencies can cancel licenses if the for-hire vehicle operators do not pay their industrial insurance premiums.

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 rules 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 rule-making process at http://www.lni.wa.gov/LawRule/ruleProcess.asp and can submit comments electronically to moom235@lni.wa.gov or by calling (360) 902-4774 or by fax (360) 902-4988.

May 31, 2011

Judy Schurke

Director

Washington State Code Reviser's Office