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Rule Updates

Rules Under Development

General reporting rules, classifications, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance

Chapter 296-17, WAC

All updates for this rule:

Occupational Disease Date of Injury (Chapter 296-17 WAC, General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance)

The purpose of this rulemaking is to ensure the experience rating rule governing the date of injury for occupational disease is clear and equitable. L&I will review the rules within chapter 296-17 WAC regarding the evaluation of actual losses.856.

7/23/2019

PDF: Preproposal (CR-101)

2020 Industrial Insurance Premium Rates (Chapter 296-17 WAC; Chapter 296-17B WAC)

Labor & Industries 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. Labor and Industries is also required by law to offer retrospective rating plans to employers as a further incentive to encourage workplace safety and prevent employee injury.852.

6/18/2019

PDF: Preproposal (CR-101)

2019 Miscellaneous Classification & Reporting Rule Changes (Chapter 296-17 WAC, Chapter 296-17A WAC)

This rulemaking amends the reporting and classification rules that establish and maintain how employers must report and pay for industrial insurance premiums: Chapter 296-17 WAC General Reporting Rules, Audit and Recordkeeping, Rates and Rating System for Washington Workers’ Compensation Insurance; and Chapter 296-17A WAC Classifications for Washington Workers’ Compensation Insurance. These amendments: Update and clarify information and references in multiple classifications in general, and in classifications impacted by the 2018 stores rulemaking; Correct errors in classification information that occurred in a past rulemaking; Correct typographical errors; and Implement changes required by Chapter 278, Laws of 2018 (SB 6199) passed by the legislature in 2018. The purpose of this rulemaking is not to make substantive changes to how employers are classified, but review and revise the reporting and classification rules to ensure they are accurate, clear and understandable. These amendments will not impact employer reporting or rates. The changes were adopted 5/21/2019 and became effective on 7/1/2019.843.

7/1/2019

Rule Changes Effective

5/21/2019

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

5/9/2019

Public Hearing

5/9/2019

Comments Due

4/2/2019

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

2/5/2019

PDF: Preproposal (CR-101)

2019 Industrial Insurance Premium Rates (Chapter 296-17 WAC; Chapter 296-17B WAC)

The purpose of this rule adoption is to establish premium rates and experience rating parameters for calendar year 2019. This rule adoption amends the tables of classification base premium rates, experience rating plan parameters, experience modification factor calculation limitations, and retrospective rating plan size groupings for the workers’ compensation insurance program for calendar year 2019. Classification base rates were amended for updated loss and payroll experience. The department is adopting a 5.0 percent overall average premium rate decrease. This adoption is also notice that the Director intends to transfer the amount of the accident and medical-aid funds combined that exceed 10% of funded liabilities as required by RCW 51.44.023. Amendments are also being adopted to align with the risk classification changes associated with rulemaking adopted on February 20, 2018, effective January 1, 2019 that repeals risk classification 6304 Department stores. The changes were adopted 11/30/2018 and became effective on 1/1/2019.828.

1/1/2019

Rule Changes Effective

11/30/2018

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

11/2/2018

Comments Due

10/31/2018

Public Hearing

10/30/2018

Public Hearing

9/18/2018

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

6/19/2018

PDF: Preproposal (CR-101)

2018 Miscellaneous Classification and Rating Rule Changes (Chapter 296-17 WAC, Chapter 296-17A WAC)

This rulemaking adopts amendments to Chapter 296-17 WAC General Reporting Rules, Audit and Recordkeeping, Rates and Rating System for Washington Workers’ Compensation Insurance; and Chapter 296-17A WAC Classifications for Washington Workers’ Compensation Insurance to: Correct typographical and other errors (such as invalid or outdated references), specifically, making corrections to classification references which changed as a result of a prior rulemaking for a number of classifications; 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). This rulemaking does not make changes to how the department classifies employment, but updates the classification plan to ensure it is clear and understandable. These changes do not impact the way we calculate employer rates, our reporting requirements, or how we classify businesses. The changes were adopted 5/22/2018 and became effective on 7/1/2018.819.

7/1/2018

Rule Changes Effective

5/22/2018

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

4/27/2018

Public Hearing

4/27/2018

Comments Due

3/20/2018

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

1/23/2018

PDF: Preproposal (CR-101)

2018 Industrial Insurance Premium Rates (Chapter 296-17 WAC; Chapter 296-17B WAC)

The purpose of this rule adoption is to establish premium rates and experience rating parameters for calendar year 2018. Washington law, the Revised Code of Washington (RCWs 51.16.035, 51.32.073, 51.18.010, and 51.04.020), requires Labor and Industries to adjust rates to ensure solvency of the accident, medical aid, and supplemental pension funds. RCW 51.16.035 also provides that premium rates vary by industry and degree of hazard. Labor and Industries is adopting a 2.5 percent overall average decrease to workers’ compensation insurance premium rates beginning January 1, 2018, and adjusting each industry risk classification rate to reflect current loss experience. This rule adoption amends the tables of classification base premium rates, experience rating plan parameters, experience modification factor calculation limitations, and retrospective rating plan size groupings for the workers’ compensation insurance program for calendar year 2018. Classification base rates were amended for updated loss and payroll experience. The department is adopting a 2.5 percent overall average premium rate decrease. The department’s decision to decrease overall rates by an overall average of 2.5 percent is intended to ensure adequate premiums to cover expected losses for 2018 claims and to maintain the contingency reserve at adequate levels. Finally, this rulemaking provides notice that the Director intends to transfer the amount of the accident and medical-aid funds combined that exceed 10% of funded liabilities as required by RCW 51.44.023. The changes were adopted 11/30/2017 and became effective on 1/1/2018.798.

1/1/2018

Rule Changes Effective

11/30/2017

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

11/1/2017

Public Hearing

11/1/2017

Comments Due

10/30/2017

Public Hearing

10/27/2017

Public Hearing

10/26/2017

Public Hearing

10/25/2017

Public Hearing

10/24/2017

Public Hearing

9/20/2017

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

6/20/2017

PDF: Preproposal (CR-101)

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