(1)
What
is the classification approach for farming?
We classify farming and agricultural operations by the type of
crop or livestock raised. Farmers and ranchers often have several basic
classifications assigned to their account covering various types of crops or
livestock.
Note:
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If we assign multiple classifications to your farm or
agriculture business, take special care in maintaining the records required in
the auditing and recordkeeping section of WAC 296-17-35201 Recordkeeping
and retention. If you fail to keep the required records, we will assign
all worker hours for which the records were not maintained to the highest-rated
classification applicable to your business or the highest-rated classification
a worker was exposed to.
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(2)
Who do the farming and agriculture rules apply to? If we assign
one or more of the following classifications to your business, this rule
applies to you: 4802, 4803, 4804, 4805, 4808, 4809, 4810, 4811, 4812, 4813,
7301, 7302, and 7307.
(3)
If
I am involved in diversified farming, can I still have one classification
assigned to my account to cover all of the farming I am involved in?
Yes, you can request assignment of a single classification to
cover all of your farming operations by contacting your account manager.
(4)
How will the department
determine what single farming classification will be assigned to my
business?
The approach used to assign a single classification to a
farming business is similar to that used for construction contractors. We
prorate based on the information you provide. We need you to estimate the
number of hours to be worked by your employees by type of crop or livestock
being cared for. We use this information to estimate the premium which would be
paid using multiple classifications. The total premium is then divided by the
total estimated hours to produce an average rate per hour. We then select the
classification assigned to your business which carries the hourly premium rate
which is the closest to the average rate determined by your estimated hours.
However, classification 4806 is not to be assigned to any grower as the single
farming classification. See WAC 296-17A-4806
.
Note:
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See WAC 296-17-31013(4) for an example how single
classifications are determined.
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(5)
How will I know what single farming classification you have assigned to
my business?
We will send you a written notice of the basic classification
that will apply to your entire operation.
(6)
If I requested a single
classification for my farming operation, can I change my mind and use multiple
classifications?
Yes, but let your account manager know you decided against
using the single classification and will report the work by type of crop or
livestock. This will avoid any potential confusion if you are audited.
(7)
I have workers who do
not use or operate any tools or equipment; can I classify these workers
separately?
The special exception classification 4806 is available to farms
classified in 4802 or 4803. It is limited to harvesting operations where all of
the workers pick or harvest by hand without the use of any:
* Cutting tools, such as knives or clippers;
* Machinery;
* Ladders, climbing equipment, or stools.
(8)
What is a farm labor
contractor? A farm labor contractor is a specialty contractor who
supplies laborers to a farm operation for specified services such as weeding,
planting, irrigating, and fertilizing. Generally, work involves manual labor
tasks as opposed to machine operations.
(9)
I am a farm labor contractor. How
is my business classified? If you are supplying only laborers to a farm,
we will assign the same classification given to the farm for the work
performed. However, if you supply both machine operators and the machinery to a
farm, the machine operators are assigned to classification 4808-11, Custom farm
services by contractor, since machinery work carries the same hazard regardless
of the crop.
(10)
Farm
internship program. Who may participate in the farm internship program in RCW
49.12.470 ?
Small qualifying farms who meet the requirements in RCW
49.12.470 receive a special certification from the department to have three or
less farm interns. Farm internship program risk classifications are: WAC
296-17A-4814, 296-17A-4815, and 296-17A-4816. The farm internship program is
administered by the employment standards division of L&I.
Notes
Wash. Admin. Code §
296-17-31014
Amended by
WSR
14-18-079, Filed 9/3/2014, effective
10/4/2014
Amended by
WSR
15-11-063, Filed 5/19/2015, effective
7/1/2015
Amended by
WSR
16-14-085, Filed 7/5/2016, effective
1/1/2017
Amended by
WSR
18-11-113, Filed 5/22/2018, effective
7/1/2018
Amended by
WSR
23-23-155, Filed 11/21/2023, effective
1/1/2024
Statutory Authority:
RCW
51.16.035,
51.16.100. 10-17-028, §
296-17-31014, filed 8/9/10, effective 9/9/10. Statutory Authority:
RCW
51.04.020 and
51.16.035. 04-18-025, §
296-17-31014, filed 8/24/04, effective 10/1/04. Statutory Authority:
RCW
51.16.035. 98-18-042, § 296-17-31014,
filed 8/28/98, effective 10/1/98.