w Risk Classification and Reporting Rules

Risk Classification and Reporting Rules

 

Rule Activity

 
See a list of all L&I rulemaking activity.

Watch for future rulemaking

We are considering changes to ensure the classification plan:

  • Remains current with today's business practices.
  • Reflects the actual level of hazard for workers.
  • Rates similar businesses together.

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Rule changes in progress

We are currently working on changes to the following rules:

We are considering changes the department and antique store classification to ensure the classification plan:

  • Remains current with today's business practices.
  • Reflects the actual level of hazard for workers.
  • Rates similar businesses together.

Paver stone installation (WAC 296-17A-0217, WAC 296-17A-0301, WAC 296-17A-0302)

 

2017 Industrial Insurance Premium Rates Chapter 296-17 WAC General Reporting Rules, Audit and Recordkeeping, Rates and Rating System for Washington Workers’ Compensation Insurance and Chapter 296-17B WAC Retrospective Rating for Workers’ Compensation Insurance

RCW 51.16.035 requires L&I to classify all occupations or industries by degree of hazard, and to fix basic rates of premium that are

  • at the lowest level necessary to maintain actuarial solvency of the industrial insurance funds, and
  • designed to attempt to limit fluctuations in premium rates.

By law, the plan is to recognize the hazardous nature of each industry, to assign insurance rates respective to the hazard of each industry, and to adjust these rates as needed to ensure solvency of the insurance funds.

Labor and Industries is also required by law to offer optional rating plans to employers as a further incentive to encourage workplace safety and accident prevention. The plan is periodically updated to reflect changes in premium size ranges and other factors.

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Adopted rule changes

Changes have been made to the following rules:

Store classifications (WAC 296-17A-6304, WAC 296-17A-6309, WAC 296-17A-6504)

Effective 1/1/2019

The purpose of this rulemaking is to amend Chapter 296-17A WAC, Classifications for Washington Workers' Compensation Insurance.

The adopted rules:

  • Reclassify lower hazard stores assigned classification 6304 to the lower-rated retail store classification 6309;
  • Reclassify higher hazard thrift stores assigned classification 6304 to the charitable store classification 6504;
  • Repeal classification 6304; and
  • Amend classification 6306 for clarity and to ensure it aligns with the prior store rulemaking.

Workers' compensation best practices for rating employers require classifications that clearly distinguish between different types of work exposures to ensure employers' premiums are fair and reflect the actual degree of hazards.

2017 Miscellaneous Reporting & Classification Changes, (WAC 296-17-31007, WAC 296-17A-0518, 1501, 4904, 5308, 6511, 0219, 1102, 1105, 1303, 1304, 2002, 3905, 4814, 4815, 4816, 6906

Effective July 1, 2017

The purpose of this rulemaking is not to make substantive changes to how L&I 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.

For more information, see 2017 Miscellaneous Reporting & Classification Changes (37 KB PDF), OTS-8417.1 (103 KB PDF) and OTS-8549.3 (344 KB PDF).


Workers’ compensation classifications: Fraternities/sororities, tutoring services, nursing homes and other residential care (Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance)

To ensure workers are fairly and consistently rated, L&I adopted changes to Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance that do the following:

  • Align workers comp rates for care facilities with how the facility is licensed by the Department of Social and Health Services.
  • Classify tutoring services with professional service providers sharing similar hazards in classification 5301.
  • Reclassify college fraternities and sororities as ‘clubs’ in classification 6205.

Store classifications (WAC 296-17A-6309, WAC 296-17A-6406, WAC 296-17A-6407)

Effective 1/1/2018

To ensure stores are fairly and consistently rated, L&I adopted changes to Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance that do the following:

  • Reclassify retail stores with the lowest hazard from classification 6406 to a new, lower-rated retail store classification 6411.
  • Reclassify warehouse distribution centers without retail store exposure into classification 6407 (wholesale stores).
  • Reclassify some lower hazard stores currently assigned classification 6309 (hardware type stores) to the lower-rated retail store classification 6406.
  • Clarify the store classifications to better distinguish them from each other.

Student Volunteers, Unpaid Students, 100 Hour Reporting Method (WAC 296-17-935 Options for reporting qualifying volunteers, including student volunteers and unpaid students)

Effective 10/7/2016

The purpose of this rulemaking is to implement requirements of Engrossed Substitute Senate Bill 6293 which allows public and private colleges to create unpaid student volunteer programs for-profit or non-profit businesses, and for those businesses to elect medical aid coverage for those students.

Also, private colleges will now be able to elect medical aid coverage for students volunteering for the college itself. (Current law requires state colleges to cover volunteers serving the college, but allows only charitable private organizations to elect coverage for volunteers.)

This legislation also creates a means for all entities with coverage for volunteers, student volunteers, or unpaid students to cap reporting at 100 hours per volunteer per year. This type of reporting is not currently an option for employers and L&I must create a new reporting rule to implement such a reporting and premium change.

Student Volunteers, Unpaid Students, 100 Hour Reporting Method WAC 296-17-935 Options for reporting qualifying volunteers, including student volunteers and unpaid students


Volunteers and Workers' Comp Coverage

2016 Classification Rulemaking (WAC Chapters 296-17 & 296-17A)

Effective 1/1/2017
The purpose of this rulemaking is to

  • clarify the rules to make them easier to understand and apply,
  • incorporate existing agency practices into rule,
  • consolidate subclassifications to remove unnecessary administrative burden from employers, and
  • define terms used within the rules to make the rules easier to understand and apply.

2016 Industrial Insurance Premium Rates (WAC Chapters 296-17 & 296-17B)

Effective 1/1/2016.
L&I is required by law to establish and maintain a workers' compensation classification plan, and to set premium rates that are: 1) the lowest necessary to maintain actuarial solvency of the accident and medical aid funds; and 2) designed to attempt to limit fluctuations in premium rates. The plan must be consistent with recognized principles of insurance. L&I is also required by law to offer retrospective rating plans to employers as a further incentive to encourage workplace safety and prevent employee injury.

Taxi, for hire, limousine, and commercial transportation service drivers legislation (WAC Chapters 296-17 & 296-17A)

Effective 10/16/2015.
L&I has implemented the requirements of Engrossed Substitute Senate Bill 5550 (app.leg.wa.gov) which exempts from workers' compensation insurance the taxi, for hire, and limousine drivers who own or lease their vehicles; and commercial transportation service (CTS) drivers as defined in Title 48. The legislation allows for elective coverage for these exempt employments.

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