89.] 345 - leg.wa.govleg.wa.gov/CodeReviser/documents/sessionlaw/1937c89.pdf · Pit crusher and...

SESSION LAWS, 1937

CHAPTER 89.[S. H. B. 482.]

INDUSTRIAL INSURANCE AND MEDICAL AID.

AN ACT relating to the compensation, medical, and surgicalcare of workmen injured, providing for the classification,rates, and the fixing and collection of premiums fromemployers engaged in extrahazardous industry, or coveredby elective adoption, and amending section 4 of chapter 74of the Laws of 1911, as amended by section 1, chapter 188of the Laws of 1915, as amended by section 2 of chapter120 of the Laws of 1917, as amended by section 3, chap-ter 131 of the Laws of 1919, as amended by section 1,chapter 136 of the Lavs of 1923, as amended by section 3,chapter 310 of the Laws of 1927, as amended by section 1of chapter 104 .of the Laws of 1931, as amended by sec-tion 1 of chapter 193 of the Laws of 1933, (section 7676of Remington's Revised Statutes); and declaring that thisact shall take effect immediately.

Be it enacted by the Legislature of the State ofWashington:

SECTION 1. That section 4 of chapter 74 of the Amends

Laws of 1911 as amended by section 1, chapter 188 e34 .cof the Laws of 1915, as amended by section 2.of chap-ter 120 of the Laws of 1917, as amended by section-3, chapter 131 of the Laws of 1919, as amended bysection 1, chapter 136 of the Laws of 1923, asamended by section 3, chapter 310 of the Laws of1927, as amended by section 1 of chapter 104 of theLaws of 1931, as amended by section 1 of chapter 193of the Laws of 1933, (section 7676 of Remington'sRevised Statutes) be amended to read as follows:

Section 4. Inasmuch as industry should bear the Employerto pay per-

greater portion of the burden of the cost of its acci- centage ofpayroll.

dents, each employer shall prior to the fifteenth dayof every month, pay into the state treasury (1) for Accidentfund.the accident fund and (2) for the medical aid fund,a certain number of cents for each man hour worked Mdica

by the workmen in his employ, engaged in extra-hazardous employment; if, however, there should be

CH. 89.] 345

Deficits. a deficit in any class or subclass the director of laborand industries, through the supervisor of industrialinsurance, is hereby authorized and directed to

Assessments. assess the same against all the contributors to suchclass or subclass during the calendar year or frac-tion thereof in which said deficit was incurred or

Authority created. The director of the department of laborto changerates. and industries shall have the power to promulgate,

change and revise such rates according to the con-dition of the accident and medical aid funds, andto establish rates for industries declared to be extra-hazardous subsequent to the taking effect of thisamendment and/or which voluntarily seek cover-age under the elective adoption provisions of thisact.

Payments The amounts to be paid into the accident fundinto accidentfund, how shall be determined as follows: The department ofdetermined.

labor and industries shall, prior to the first day ofJanuary of each year determine for each classand/or subclass, a basic premium rate for the en-suing calendar year, and in so doing, shall take intoconsideration, first, the cost experience of each classand subclass over the two-year period immediatelypreceding September first of the year in which thebasic rate is being fixed; second, the then conditionof each class and/or subclass account.

Department The department of labor and industries shall also,to make

eite of prior to the first day of January of each year deter-premiumrate, mine the premium rate to be paid into said acci-

dent fund during the ensuing year by each employerto be credited to each class and/or subclass account,applicable to the employer's operations or business,and in so doing, shall take into consideration, theaverage cost experience of each employer for eachworkman hour reported by him during each fiscalyear in each such class or subclass over the five-year period immediately preceding September firstof the year in which the rate is being determined,

346 SESSION LAWS, 1937 [CH. 89.

SESSION LAWS, 1937 347

and in so computing, the cost experience of any em-ployer, the fixed sum of four thousand five hundreddollars ($4,500.00) shall be charged against his ex-perience for each injury resulting in death or totalpermanent disability of a workman instead of theactual cost to the accident fund of such injury. The Actual rate.

actual premium rate which any employer shall berequired to pay for the accident fund shall be fortyper cent (40%) of the basic rate, plus sixty per cent(60%) of the employer's cost rate for each work-man hour reported by him during each fiscal yearover the five-year period next preceding the thenlast September first, but in no case shall the totalrate exceed one hundred sixty per cent (160%) ofthe basic rate.

The basic premium rates for the accident fundand the medical aid fund, effective immediatelyupon the passage of this act until so modified by thedirector of the department of labor and industries,shall be in accordance with the following classifica-tions, subclassifications and schedules:

(The letters "N. 0. S." as used in this section shall mean"Not Otherwise Specified.")

CLASS 1.

(Rates and classifications subject to change Iby departmental order when indicated Cas herein provided.) W

1-1 Ditches and canals (N. 0. S.) ......Canals other than irrigation .......Excavations (N. 0. S.)..........Grading (N. 0. S.).............D iking ...........................Dredging (includes all marine

dredging local in character).....W ell drilling .....................Asphalt mixing ........ :.........Asphalt paving ...................Bituminous paving (all types) .....Block paving ....................Concrete street pavements.........Paving, brick (construction and re-

pair) .......................

ndustrialnsurance~ents per7orkmanHour3.5

3.53.53.53.5

3.53.53.53.53.53.53.5

Medical Classifica-Aid tions and

Cents per schedules.Workman

Hour.5

.5

.5.5.5

.5

.5

.5

.5

.5

.5

.5

3.5 .5

CH. 89.]

SESSION LAWS, 1937

Classifica-tions andschedules.

CLASS 1--ContinuedIn

(Rates and classifications subject to change Inby departmental order when indicated Cas herein provided.) W

1-1 Concrete sidewalks (excludes side-walks and driveways in connectionwith building construction)......

Plank roads (construction) ........Sidewalks (plank) ..............Streets, planking ...............Highway street and road construc-

tion (includes grubbing and clear-ing in connection with street andhighway grading), (excludes log-ging roads), (excludes tunnelingin connection with road construc-tion ) ..........................

Grading streets and highways (in-cludes grubbing and clearing inconnection with street and high-way grading), (excludes loggingroads) .........................

Road grading (this subclass is ex-clusively for road, street and high-way grading), (includes grubbingand clearing in connection withstreet and highway grading), (ex-cludes logging roads) .........

Back filling (incidental to pipe lay-ing) ........................

Crushed stone surfacing.........Conduit (construction) ...........Pipe laying ....................Sewers ........................Trenches ......................Water mains (construction) .......Pit crusher and bunker operations

in connection with road, street,and highway construction .......

Land clearing ..................(Maintenance and repair of equip-

ment and machinery in connectionwith above types of work subjectto this Class 1-1.)

1-3 Shaft sinking (N. 0. S.).........W ell digging .....................

1-5 Tunnels (N. 0. S.)..............1-6 Tunnels (railroad), (includes lining)

348

dustriaLsuranceents perorkmanHour

3.53.53.53.5

3.5

[CH. 89.

MedicalAid

Cents perWorkman

Hour

.5

.5.5.5

.5

3.5 .5

3.5 .5

3.53.53.53.53.53.53.5

3.53.5.

.5

.5

.5

.5

.5

.5

.5

.5.5

3.23.26.4.

.8

.81.31.5

SESSION LAWS, 1937

CLASS 1--ContinuedI

(Rates and classifications subject to change Iby departmental order when indicatedas herein provided.) V

1-8 Grading, railroad (excludes loggingrailroads) ......................

Railroads (grading) ..............Railroads (construction work other

than bridge work) ..............

CLASS 22-1

CLAsS 5.

Breakwater, construction ........Bridge building (steel, wood, con-

crete) .......................Bridge foundations and approaches.Bulkhead construction ...........Concrete culverts (or other types

with span more than 12 feet)....Concrete piles in docks and trestles.Jetties ........................Marine railways (construction) ....Pile driving (includes marine pile

driving local in character) .......Railroads (bridge and trestle work)Subaqueous work ................Trestles (framed or pile) and ap-

proaches .......................V iaducts .........................Wharf and pier construction .......Overhead crossings .............Undercrossings .................(All excavations, back filling, con-

struction, dismantling, erection,and tearing down of forms, andinstalling of road beds in connec-tion with any of the above typesof work is subject to this Class2-1.)

5-1 Washing buildings ..............Window washing (excludes domes-

tics regularly employed for otherpurposes), (includes the actualtime of all workmen engaged inwashing windows) ............

5-2 Brick work (construction) .........Chimney (brick) ...............Flooring compositions (hot or cold)

ndustrialnsuranceCents perWorkman

Hour



Hour

1. .81. .8

1. .8

8. 1.5

8.3.8.

8.8.8.8.

8.8.8.

8.8.8.8.8.

1.51.51.5

1.51.51.51.5

1.51.51.5

1.51.51.51.51.5

1. .4

1.1.81.81.8

.4

.6

.6

.6

CH. 89.] 349

350 SESSION LAWS, 1937

CLASs 5-ContinuedIndustrial Medical

Classifica- (Rates and classifications subject to change Insurance Aidtions and by departmental order when indicated Cents per Cents perschedules. as herein provided.) Workman Workman

Hour Hour5-2 Marble, tile, terra cotta (all types

in connection with construction). 1.8 .6Mantel setting .................... 1.8 .6Slate work ....................... 1.8 .6Stonework on buildings............ 1.8 .6

5-3 Furnaces (installation) ........... .1. .5Heating systems (installation) ..... .1. .5Plumbing work .................. 1. .5Ventilating systems (installation).. 1. .5Automatic sprinklers (installation) . 1. .5Boiler (installation) .............. 1. .5Boiler (covering) ................. 1. .5Metal weather stripping (installa-

tion ) ........................... 1. .5Steam pipe covering (installation). 1. .5

5-4 Frescoing ........................ 1.2 .5Kalsomining ..................... 1.2 .5Painting, building or structures.... 1.2 .5Painting (inside or outside work).. 1.2 .5Paper hanging ................... 1.2 .5Sign painting (inside and outside),

(excludes inside shop work) ..... 1.2 .5Whitewashing .................... 1.2 .5

5-5 Elevators, freight or passenger (con-struction and repairs) ........... 3.5 1.2

Fireproof doors and shutters (erec-tion and repair) ................ 3.5 1.2

Galvanized iron or tin work (roof orcornice), (installation or repair). 3.5 1.2

Grain elevators (wood), (construc-tion), (repairs) ................ 3.5 1.2

Hothouse construction and repair.. 3.5 1.2Metal ceiling work..... .......... 3.5 1.2Roof work (all types), (construction

and repair) .................... 3.5 1.2Stair building (wooden) ........... 3.5 1.2Store or bank fixtures (installation

and removal) .................. 3.5 1.2Advertising signs (wood or metal),

(construction and installation)... 3.5 1.2Carpenter work (includes all car-

penter work in connection with.alterations, repairs, and installa-tion) ........................... 3.5 1.2

Chimneys, concrete ............... 3.5 1.2

[CH. 89.

SESSION LAWS, 1937

CLAss 5-Continued

(Rates and classifications subject to changeby departmental order when indicatedas herein provided.)

IndustrialInsuranceCents perWorkman

HourConcrete buildings (includes all op-

erations in connection with theconstruction of a concrete build-ing with the exception of struc-tural steel work)................ 3.5

Concrete construction (N. 0. S.),(includes erection and tearingdown of forms) ................ 3.5

Concrete construction, reinforced (N.0. S.), (includes erection and tear-ing down of forms)............. 3.5

Concrete culverts (or other typeswith span less than 12 feet),(excludes bridge and trestle ap-proaches) ...................... 3.5

Concrete floors and foundations (in-cludes erection and tearing downof form s) ......................

Concrete sidewalks and drivewaysin connection with building con-struction .......................

Fences, concrete, iron, steel, andwood (erection and repair) ......

Glass (installation) ...............House and building moving and

w recking .......................Installation and repair of all fix-

tures and equipment in houses orbuildings (N. 0. S.)...........

Lathing ...................... ...Ornamental metal work in and on

buildings .......................Ornamental tile work on buildings.Plastering ....................Safes and vaults (installation and

rem ovals) ......................Street and building decorating.....Stuccoing ........................(Excavations and back filling in con-

nection with building construction,subject to this Class 5-5.)

3.5

3.5

3.53.5

3.5

3.53.5

3.53.53.5

3.53.53.5

5-8 Chimneys, metal (erection) ........ 12.Iron frame structures (other than

bridges), (erection) ........... .12.Steel frame structures (other than

bridges), (erection) ............ 12.

5-5

4.



Hour

1.2

1.2

1.2

1.2

1.2

1.2

1.21.2

1.2

1.21.2

1.21.21.2

1.21.21.2

4.

4.

CH. 89.] 351


CLASS 5-ContinuedClassifica- (Rates and classifications subject to changetions and by departmental order when indicatedschedules. as herein provided.)

5-8 Steeples (erection) ............... 12.Tanks, metal (erection) ........... 12.Tanks, wooden. (erection) .......... 12.Towers, wood or metal (erection) . . 12.Structural steel (erection in

buildings) ..................... 12.Water towers, metal or wood (erec-

tion ) .......................... 12 .Windmills, wood or metal (erec-

tion ) .......................... 12.(This class to include dismantling

of above types of structures.)

5-9 Hardwood floors (laying).......... .25-10 Temporary employers engaged in

any phase of building or generalconstruction and repairing ....... 15.

LASS 6.6-1 Conduits (placing wires in) ....... .1.

Electric apparatus (installing sys-tems in buildings) .............. 1.

Fire alarms (installation) ......... .1.Electrical installations (servicing and

repairs N. 0. S.), (excludes shop-work) ......................... 1.

6-2 Cable railways (construction) ..... .1.Electric railways (construction) . . .. 1.Street railway construction (excludes

all bridge and trestle work) ...... . 1.Street railway grading............ 1.Telephone an telegraph systems

(construction) .................. 1.Transmission lines (construction). . 1.

6-3 Belts (erection of shafting, etc.) .. . 1.Dynamos (installation) ........... 1.Engine (installation) .............. 1.Gas machine (installation) ........ 1.Machinery (N. 0. S.) .............. 1.Machinery (dismantling) .......... 1.Machinery (installation) .......... 1.Machinery (servicing away from

shop premises) ................. 1.Railroad (dismantling), (excludes

bridges, trestles and snowshedwrecking) ...................... 1

6-4 Junk dealers .................... 6

[CH. 89.

MedicalAid

Cents perWorkman

Hour4.

4.4.

4.

4.

4.

4.

.3

3.

7 .4

7 .47 .4

7 .4

.4

.4

.4

.4

.4

.4

.6

.6

.6

.6

.6.6.6

.6

.6

.7

IndustrialInsuranceCents perWorkman

Hour

C

2.6

SESSION LAWS, 1937

CLASS 7.

(Rates and classifications subject to change Iby departmental order when indicated Cas herein provided.) WA

7-1 Dam construction (includes everyoperation) .....................

CLASS 8.8-3 Irrigation ditches, repair and main-

tenance ........................Highway department of state, coun-

ties, and cities (all operations inconnection with highway mainte-nance), (excludes all new highwayconstruction, grading, or bridgebuilding, which operation must bereported in respective classifica-tions) ..........................

8-4 Commercial production of sand,gravel, clay, and stone products..

CLASS 9.9-1 Boat building (steel hulls) .........

Shipbuilding (steel hulls, includesall operations within shipyard)..

9-2 Boat building (wooden hulls)......Shipbuilding (wooden hulls, includes

all operations within shipyard)..9-4 Ferries, steamboats, tugs (opera-

tions) ....... ................

CLASS 10.

10-2 Lath mills, planing mills, saw millsand tie mills (operation and main-tenance) ....................

Masts (with or without machinery).Pole yards (independent of logging

operations) ..................Fuel and lumber yards with power

driven machinery (includes team-sters, drivers, and helpers) ......

Spars (with or without machinery).10-3 Shingle mills (operation and main-

tenance) ....................10-6 Creosote works .................

Pile and pole treating works .......10-7 Lumber inspectors ..............

-12

ndustrialisuranceents perorkmanHour



Hour

3.4 .75

1.1 .3

1.1 .3

5.5 1.

1. 1.

1.3.2

3.2

1..7

.7

.4 .2

1.7 .751.7 .75

1.7 .75

1.7 .751.7 .75

2.1.41.4

.1

.75

.5

.5

.1

353CH. 89.]


CLASS 11.Industri

Classifica- (Rates and classifications subject to change Insurantions and by departmental order when indicated Cents pschedules. as herein provided.) Workm

Hour11-1 Drayage (transfer and storage), (in-

cludes teamsters, drivers and help-ers) ............... ........... 3 .

General hauling (N. 0. S.) and truck-ing (excludes log trucking) ...... 3.

Auto freight transportation ........ 3.11-3 Fuel and lumber yards without

power driven machinery ......... 1.8

aLceeran

CLASS 13.13-1 Bridge tenders (electrically operated

bridges) .....................Electric light and power plants .....Electric systems (N. 0. S.) .........

13-2 Steam heat and power plants ......13-3 Intrastate telephone system (opera-

tion and maintenance), (excludestelephone operators) ...........

CLASS 14.14-1 Street railways (electric interurban

railroad), (operation) .........City or town passenger bus opera-

tion (includes those operated bymunicipalities in connection withstreet railway system or as a re-placement of street railway systemand also those operated by othersoperating under a municipal fran-chise) .......................

CLAsS 15.15-1 City and county operation and main-

tenance (includes all extrahaz-ardous operations in connectionwith regular functions of city andcounty government), (excludes alloperations in connection with themaintenance of highways by state,counties and cities. See Class 8-3.)(New construction of bridges, grad-ing and paving of roads shall bereported in respective classifica-tions) .......................

.8

.8

.8

.3

.3

.3

.3

.3

2.5 .4

.3 .12

.3 .12

2.3 .3

[CH. 89.

MedicalAid

Cents perWorkman

Hour

.7

.7.7

.35

SESSION LAWS, 1937

CLASS 16.


16-1 Coal mines (includes shaft sinkingand all tunneling in connectionwith all coal mines).............

Coke ovens (operation), (excludesoffice force only)................

CLASS 17.17-2 Mines, all types (other than coal),

(includes all shaft sinking andtunneling in connection withmines other than coal) ..........

Ore reduction (by wet or dry proc-ess without application of heat atm ine) .........................

Shaft sinking (metal mines) ......Tunneling (metal mines) ..........

17-3 Quarries ......................Stone cutting (quarry hazard) .....Open cut mining...............

CLASS 18.18-1 Blast furnaces (operation) ........

Rolling mills (operation) .........Steel and iron making...........Open hearth furnaces (operation)..Smelters (operation)............Copper, lead, zinc, etc. (smelting)..

CLASS 19.19-1 Gas works (operation), (excludes

meter readers, complaint men, so-licitors, and store room em-ployees) .......................

CLASS 21.21-1 Chop, feed, and flour mills (opera-

tion) ........................Seed cleaning..................

21-2 Grain warehouse and elevators (op-eration) ....................

General warehouse and storage (op-eration), (excludes operations inconnection with Class 11-1) .....

Fruit warehouses (includes all op-erations in connection with grad-ing, sorting, and packing of freshfruits) .........................

ndustriaLnsuranceents perorkmanHour



Hour

3. .8

3. .8

2. .6

.6.6.6.8.8.8

.3

.3

.3

.3

.3

.3

2.2.2.5.5.5.

.3

.3

.3.3.3.3

1.6 .3

.7 .2

.7 .2

.4 .1

.4 .1

.4.

CH. 89.] 355


CLAsS 22.Industrial Medical

Classifica. (Rates and classifications subject to change Insurance Aidtions and by departmental order when indicated Cents per Cents perschedules. as herein provided.) Workman Workman

Hour Hour22-1 Laundries (operation), (includes

drivers and helpers) ............ .15 .1Dye works and cleaners (includes

drivers and helpers) ............ .15 .1

CLASs 23.

23-1 Water works (operation), (otherthan municipal which is to be re-ported in Class 15-1)........... 2. .2

CLASs 24.24-1 Paper mills (operation and mainte-

nance) ........................ .7 .3Pulpmills (operation) ............. . .7 .3

CLASs 29.

29-1 Cooperage (manufacturing)....... 1.2 .4Staves, barrel, tub (manufacturing) 1.2 .4Barrels, kegs, pails (manufacturing) 1.2 .4Basket manufacturing............. 1.2 .4

29-2 Sash, door, blinds, etc. (manufactur-ing) ........................... .75 .4

Glazing, beveling and setting glass(in shops and factories) .......... .75 .4

Sash and door factories (all factoryoperations) .................... .75 .4

29-3 Excelsior (manufacturing) ......... .. 75 .4Veneering (manufacturing) ....... .75 .4Cabinet works.................... .75 .4Furniture (manufacturing) ........ .75 .4Boxes and packing cases (manufac-

turing) ........................ .75 .4Wooden and fibre ware (manufac-

turing) ........................ .75 .4Wood working (N. 0. S.), (shop

work only)..................... .75 .4Kindling wood.................... .75 .4Wood pipe (manufacturing) ....... .. 75 .4Pattern shops (independent) ...... .75 .4

CLASS 31.31-1 Building material (N. 0. S.)....... .7 .4

Concrete blocks and tiles (manufac-turing) ........................ .7 .4

Lime (manufacturing) ............ .7 .4Oils and paints (manufacturing)... .7 .4Staves (cement) .................. .7 .4

SESSION LAWS, 1937

CLASs 31-Continued


31-1 Cement (manufacturing) .........Paving blocks (cutting)...........Stone cutting (away from quarry) .

CLASS 33.33-1 Fish canneries and fish trap (opera-

tion ) ..........................33-2 Fish oil (manufacturing) ..........

Fish products..................Oyster beds and cannery (opera-

tions) .......................

CLASS 34.34-1 Automobile painting............

Vulcanizing ....................Automobile body construction and

repair ......................Auto sales agencies and garages (in-

cludes only those operations inconnection with storage, servicing,and repairing), (gas and oil servicestations performing auto repairingsubject to this class) ..........

34-2 Blacksmith shops, with machinery..Boiler works ..................Foundries .....................Machine shops (N. 0. S.).......Wood working (in connection with

car building) ..................34-3 Airplane (manufacturing) ........

ndustriaLnsuranceents perorkmanHour

.7

.7

.7

.6.3.3



Hour.4.4.4

.3

.3

.3

.3 .3

.5 .3.5 .3

.5 .3

.5

.6

.6

.6

.6

.6

.2

.3.4.4.4.4

.4

.234-4 Cans (manufacturing) ............. 4 .2

Galvanized iron works (manufac-turing) ........................ .4 .2

Hardware (manufacturing) ....... . .4 .2Metal (stamping) plating and pol-

ishing ......................... .4 .2Sheet metal works................ .4 .2Stamping tin or metal............. .4 .2Tin works ........................ 4 .2(This class for shop operations only.)

34-6 Gas service stations (excludes autorepairing) ..................... .2 . 1

Oil service stations (excludes autorepairing) ...................... 2 .1

34-7 Merchandising of oils (includes driv-ers and helpers) ................ 1.2 .2

55

5555

CH. 89.]1 357

5


CLASS 35.Industrial Medical


Hour Hour35-1 Brick (manufacturing) ............. 35 .3

Earthenware (manufacturing) .... .35 .3Fire clay products (manufacturing) .35 .3Porcelain ware (manufacturing)... .35 .3Pottery (manufacturing) .......... .35 .3Terra Cotta (manufacturing) ..... . .35 .3Tile (manufacturing) ............. .35 .3

35-2 Briquettes (manufacturing) ....... .4. .3Charcoal burning ................ 4. .3Peat Fuel (manufacturing) ........ 4. .3

35-3 Glass (manufacturing) ............ .2 .2CLASS 37.37-1 Alcohol (manufacturing) ........... 6 .3

Ammonia (manufacturing) ........ 6 .3Nitrogen (manufacturing) ......... 6 .3Oxygen (manufacturing) ........... 6 .3Chemical and assaying laboratories. .6 .3Chemical (manufacturing) ......... 6 .3Distilleries ........................ 6 .3

37-2 Bottling works (includes drivers andhelpers) ....................... .4 .3

Breweries (includes drivers andhelpers) ....................... .4 .3

Wineries (includes drivers and help-ers) .......................... .4 .3

[CLASS 381.38-1 Brooms (manufacturing) ......... .. 05 .16

Brushes (manufacturing) ......... .. 05 .16Cordage (manufacturing) ........ . .05 .16Asbestos products (manufacturing) .05 .16Leather (working in) ............... 05 .16Rubber (working in) ............. .. 05 .16

38-2 Cloth (working in) ............... .03 .1Textiles (manufacturing) ........... 03 .1Textiles (N. 0. S.) ................. 03 .1(Class 38-2 includes all operations

in connection with manufacturing,alteration, and repair of cloth andtextiles.)

38-5 Paper (working in) ............... .4 .2Paper products (manufacturing) ... .4 .2

CLASS 39.39-1 Bakeries (includes drivers and help-

ers) ........................... .2 .1Candy or cracker (manufacturing). .2 .1Macaroni making ................. .2 .1Confectionery (manufacturing) ... .2 . 1

SESSION LAWS, 1937

CLASS 39-ContinuedI.

(Rates and classifications subject to change Iby departmental order when indicated Cas herein provided.) V

39-2 Canneries (fruit and vegetables) . .

Foodstuffs (working in), (N. 0. S.).Fruits (canning) .................Dehydrators (all operations) .......

39-3 Sugar refineries (all operations),(includes drivers and helpers) ...

39-4 Handling, processing, and adaptingfor sale, butter, eggs, poultry andegg meat products (N. 0. S.)....

CLASS 40.

40-1 Condensed milk (all operations),(includes drivers and helpers) ...

40-2 Cheese making (includes drivers andhelpers) .....................

Creameries and dairies (operation),(includes drivers and helpers) ...

Ice cream (manufacturing), (in-cludes drivers and helpers) ......

ndustrialnsuranceents per

WorkmanHour

.5

.5

.5

.5

3.

1.

Electrotyping ....................Engraving (photo-engraving) ...... 1Lithographing .Photo-engraving ..................Linotype operators (includes all em-

ployees in room with machinery) .)Printing ......................... .Jewelry (manufacturing) ..........Jewelry engraving ............... .1Sign and card printing and painting

(inside shop operations only) .....

2.

Longshoring and stevedoring ....... .3.Wharf and pier (operation) ....... .3.

CLASS 43.43-1 Fertilizer (manufacturing), (includes

drivers and helpers) ..........Lard making (includes drivers and

helpers) .....................Meat products (canneries), (includes

drivers and helpers) ...........



Hour

.2

.2

.2

.2

.8

.3 .15

.4 .2

.5 .2

.5 .2

.5 .2

.1

.1

.1

.1

.1

.1

.1

.1

1 .1

.6

.6

5 .4

5 .4

.5 .4

CH. 89.] 359

CLASS 4

41-1

CLASS 4

42-1

1

.


CLASs 43-ContinuedIndustrial Medical


Hour Hour43-1 Packing houses (includes all opera-

tions in connection with the meatpacking industry), (includes driv-ers and helpers)................ .5 .4

Slaughter houses (includes driversand helpers).................... .5 .4

Stockyards (operations), (includesdrivers and helpers) . ........ .5 .4

Tallow making (includes driversand helpers) ..................... 5 .4

Tanneries (includes drivers andhelpers) ....................... .5 .4

Garbage works (includes driversand helpers) ................... .5 .4

Incinerators (includes drivers andhelpers) ....................... .5 .4

Meat, fish, and poultry markets(with power machinery),(includesdrivers and helpers) ............. 5 .4

Soap making (includes drivers andhelpers) ....................... .5 .4

CLASS 44.44-1 Cold storage plants (refrigeration),

(includes drivers and helpers) ... .5 .4Ice, artificial (manufacturing and

delivery), (includes drivers andhelpers) ........................ .5 .4

Refrigeration or cold storage plants(operation), (includes drivers andhelpers) ....................... .5 .4

Ice, natural (harvesting and han-dling), (includes drivers and help-ers) ........................... .5 .4

CLASs 45.45-1 Moving picture operators.......... .1 .15

Theatre stage employees (exceptushers, performers, and office em-ployees not engaged in any main-tenance work).................. .1 .15

CLASs 46.46-1 Powder works (manufacturing), (in-

cludes all operations) ........... 4. 1.546-2 Fireworks (manufacturing), (in-

cludes all operations) ........... 4. .5

CH. 89.] SESSION LAWS, 1937 361

CLASS 47.Industrial Medical Classifica-

(Rates and classifications subject to change Insurance Aid tions andby departmental order when indicated Cents per Cents per schedules.as herein provided.) Workman Workman

Hour Hour47-1 Combined chemicals and explosives

(manufacturing) ............... 6. 1.5

CLASS 48.

Elective adoption (subclasses asfollows):

48-1 Caretakers (N. 0. S.) ............. .1 .1Clerks (N. 0. S.)................. .1 .1Janitors .......................... .1 .1Office employees (N. 0. S.) ........ .1 .1Inside occupations (N. 0. S.) ....... .. 1 .1Outside occupations (N. 0. S.) ..... .. 1 .1

48-2 Automobile and truck drivers,chauffeurs (where general occu-pation is not extrahazardous).... 1. .15

Taxi drivers..................... 1. .15Outside salesmen, demonstrators,

and collectors using automobiles. 1. .1548-3 Agricultural Workers.............. 1.6 .448-7 Temporary building construction by

home owner on own home to beused as a place of abode......... 5. 2.

CLASS 49.

49-1 Foresters (forest rangers, timbercruisers, surveyors and engineers) .8 .2

Guards (penitentiary and otherpenal institutions), (employed bystate) ......................... .8 .2

Peace officers, on salary having po-lice powers (excludes town, city,and county peace officers, seeClass 15-1)..................... .8 .2

Wardens, fish, and game (employedby state)....................... .8 .2

Inspectors (having police powersand employed by state) ......... .8 .2

State park employees having policepow ers ........................ .8 .2

Employees of the department of la-bor and industries.............. .8 .2

49-2 .................................. 6 . 2 .Highway patrol (state) ........... 6. 2.

SESSION LAWS, 1937

CLASS 50.

(Rates and classifications subject to change Iby departmental order when indicatedas herein provided.)

50-1 Grading (logging railroads only) ...Logging, operation and maintenanceLogging, railroad (construction) ....Logging, railroad (grading) .......Railroads, logging (operation) .....Shingle bolt cutting............Tie cutting....................Log trucking (includes contract log

hauling) .....................Logging roads (construction, grad-

ing, and maintenance) ..........50-2 Booming and rafting logs ..........50-3 Cordwood and pulpwood cutting

(which figures at rate of 30c percord) .......................

IndustrialnsuranceCents perWorkman

Hour6.6.6.6.6.6.6.

362

6. 1.25

1.25.3

6.2.

3. .75

Employers. Every employer who shall enter into any busi-ness, or who shall resume operations in any work orplant after the final adjustment of his payroll in con-

Notification nection therewith, shall, before so commencing orof commenc-ing or resuming operations, as the case may be, notify theresumingoperations. director of labor and industries of such fact, accom-

Paoll panying such notification with an estimate of hispayroll and workmen hours for the first calendarmonth of his proposed operations, and shall makepayment of the premium on such estimate. Everysuch employer shall be liable for a premium of at

Basic rate least such estimate. Every such employer shall paypaid untilexperience the full basic rate until such time as an experiencerate com-puted. rating in excess of a one, two, three or four year

period may be computed as of a first succeedingSeptember first date, and shall be liable for a pre-mium of at least one dollar per month irrespective ofthe amount of his workman hours reported duringsaid month to the department.

High cost To the end that no employer shall evade theexperience. Toteedtanoepoeshlevete

burden imposed by an unfavorable or high cost ex-perience, the director of labor and industries shallhave the power to determine whether or not an in-

Classifica-tions andschedules.

[CH. 89.

MedicalAid

Cents perWorkman

Hour1.251.251.251.251.251.251.25

SESSION LAWS, 1937

crease, decrease or change (a) of operating prop-erty; (b) of interest in operating property; (c) ofemployer; (d) of personnel or interest in employeris sufficient to show a bona fide change which wouldmake inoperative any high cost experience.

Every employer within the provisions of this act Motlshall on or before the fifteenth day of each month payroll.

hereafter furnish the department with a true andaccurate payroll and the aggregate number of work-men hours, during which workmen were employedby him during the preceding calendar month, thetotal amount paid to such workmen during suchpreceding calendar month, and a segregation of em-ployment in the different classes provided in thisact, and shall pay his premium thereon to the acci-dent fund and medical aid fund. The sufficiency ofsuch statement shall be subject to the approval ofthe director of labor and industries.

Every employer shall keep at his place of busi- Employer

ness a record of his employment from which the record ofemployment.

above information may be obtained and such recordshall at all times be open to the inspection of the di-rector of labor and industries, supervisor of indus-trial insurance, or the traveling auditors, agents orassistants of the department, as provided in section7690 of Remington's Revised Statutes of Washing-ton.

In all cases where partners or other persons are Partnersor others

excluded on the payroll such statement shall state excluded.

both the.names and occupations of the parties ex-cluded and no such person shall be entitled to com-pensation unless notice in writing that such ex-cluded person has been included is received by thedepartment prior to the date of injury to such per-son. Such employer shall at the time of reportinghis payroll and workmen hours also state the namesand addresses of any contractor or subcontractoroperating for or under him.

CH. 89.] 363


Failureto report, Every person, firm, or corporation who shall failpenalty. to keep such record or fail to make such report in

the manner and at the time herein provided shall besubject to a penalty of not to exceed one hundreddollars ($100.00) for each such offense, to be col-lected by civil action in the name of the state andpaid into the accident fund.

Fo ish Every employer who shall fail to furnish an esti-enty, mate of payroll and workmen hours and make pay-

ments as above provided shall be liable to a penaltyof not to exceed five hundred dollars ($500.00) andshall also be liable if an accident has been sustainedby an employee prior to the time such estimate isreceived by the departriient, to a penalty in a sumequal to fifty per cent of the cost to the accident fundand medical aid fund of such accident, to be col-lected in a civil action in the name of the state, andpaid into the accident fund and/or medical aid fund.

Waiver of The director of labor and industries may waive thepenalty, whole or any part of any penalty charged under thisijury act. In respect to any injury happening to any ofdefault. his workmen during the period such employer shall

be in default in the payment of any premium, if suchdefault be after demand for payment, or if suchemployer shall be in default for failure to furnishthe department with an estimated payroll and work-men hours or with monthly reports of his payrolland workmen hours as required by this section, thedefaulting employer shall not be entitled to the

Action by benefits of this act, but shall be liable to suit by theinjuredworkman, injured workman (or his beneficiaries and depen-

dents), at his or their option, as he would have beenon March 1-4, 1911, and in any action brought againstsuch employer, it shall be no defense for such em-ployer to show that such injury was caused in wholeor in part by the negligence of a fellow servant ofthe injured workman, that the negligence of the in-jured workman, other than his wilful act committed

SESSION LAWS, 1937

for the purpose of sustaining the injury contributedto the accident or that the injured workman hadknowledge of the danger or assumed the risk whichresulted in his injury. If such injured workman orhis beneficiaries, or dependents, shall elect to take Election of

remedy.under this act, such action against the employershall revert to the state for the benefit of the acci-dent fund and/or medical aid fund.

Any employer, who shall misrepresent to the de- Misrepresen-

partment the amount of his payroll or the number enployer,of workmen hours upon which the premium underthis act is based, shall be liable to the state in tentimes the amount of the difference in premiums paidand the amount the employer should have paid, andshall also be guilty of a misdemeanor if such mis-representations shall be made knowingly. Civil pen-alties to the state under this act shall be collected bycivil action in the name of the state and paid intothe accident fund.

For the purpose of such payments into the acci- Accouns,

dent fund, accounts shall be kept with each industry fund.

in accordance with the classification herein providedand no class shall be liable for the depletion of theaccident fund from accidents happening in any otherclass. Each class shall meet and be liable for theaccidents occurring in such class. The fund therebycreated shall be termed the "accident fund" whichshall be devoted to the purpose specified for it inthis act.

The medical aid fund created in section 7713 of AC1 ul

Remington's Revised Statutes of Washington shall aid fund.

not be kept by classes and all payments shall bemade from the one fund, but accounts shall be keptwith each class and subclass of industry in accord-ance with the classification herein provided for thepurpose of computing the medical aid cost experi-ence of such classes and subclasses and determining

CH. 89.] 365

the correctness of the medical aid rates charged suchclasses and subclasses.

Adjustment It is the intent that the accident fund createdof rates.under this section shall ultimately become neithermore nor less than self-supporting, exclusive of theexpense of administration, and if in the adjustmentof premium rates by the director of labor and indus-tries the moneys paid into the fund by any class orclasses shall be insufficient to properly and safelydistribute the burden of accidents occurring thereinthe department may divide, rearrange or consoli-date such class or classes, making such adjustmentor transfer of funds as it may deem proper.

Unlawful to It shall be unlawful for the employer to deductdeductpremiums robana prprmubytifrom wages. or obtain any part of the premium required by this

section to be by him paid into the accident fund fromthe wages or earnings of his workmen or any ofthem, and the making or attempting to make any

Classifica- such deduction shall be a gross misdemeanor. Thetions,corrected. director of labor and industries shall make correc-

tions of classifications or subclassifications orchanges in rates, classes, and subclasses when thebest interests of such classes or subclasses will beserved thereby. From the original classification orpremium rating or any change made therein, anyemployer claiming to be aggrieved may appeal tothe Joint Board and to the courts in the manner pro-vided for in section 7697 of Remington's RevisedStatutes.

Single es- If a single establishment or work comprises sev-tablishment,

classes. risk eral occupations listed in this section in differentrisk classes, the premium shall be computed accord-ing to the workmen hours of each occupation, or inthe discretion of the director of labor and industries,a single rate of premium may be charged for the en-tire establishment based upon the rate of premiumof the occupation reporting the largest number ofworkmen hours: Provided, That, when a single es-


tablishment or work comprises distinct different Computationof premium.

risk classes, each employing a considerable numberof persons, the right to have the premium computedaccording to the number of workmen hours of eachoccupation shall not be denied the employer withouthearing: Provided, further, That any employer S1esegated

desiring to report his operations in the various dis- cations.

tinct risk classifications subsequent to the passageof this act, must, before so reporting, notify the di-rector of labor and industries in writing of such fact,prior to the first day of the month in which suchemployer desires to segregate his operations, andinform the director of the segregated classificationshe desires. After an employer has segregated hisoperations into the various distinct risk classifica-tions, unless the employer. and the director agree tothe contrary, the employer must continue to reportin those segregated classifications as long as theyexist in his operation and involve a considerablenumber of employees.

The director of labor and industries shall have Departmentattorney to

power to authorize any employee of the department preums.

who is an attorney admitted to practice law in theState of Washington to appear for the department inany action instituted for the purpose of collectingindustrial insurance premiums.

That the premiums of employers operating coal Coal mines.

mines which shall include shaft sinking and all tun-neling in connection with coal mines and the build- Building

industry.

ing industry, which shall include, all field activitiesin connection with the erection, alteration, repair-ing or demolishing of any building or buildings orpart thereof or appurtenance thereto, adapted toresidential, business, governmental, educational ormanufacturing uses, shall be computed on a baserate only and no merit rating credits or penaltiesshall be given or imposed on such employers.

SESSION LAWS, 1937 367CH. 89.]


Resfetc., SEC. 2. The rates and classifications and sub-Jan. 1,193. classifications as provided in section 7676 Reming-

ton's Revised Statutes, as amended by section 1 ofthis act, shall take effect as of January 1, 1937.

Effective SEC. 3. This act is necessary for the immediateimmediately.

support of the state government and its existingpublic institutions and shall take effect immedi-ately.

Passed the House March 8, 1937.Passed the Senate March 7, 1937.Approved by the Governor March 13, 1937.

CHAPTER 90.[H. B. 511.)

REGULATION OF PUBLIC GRAIN WAREHOUSES.

AN ACT relating to public grain warehouses, repealing sections6978, 6980, 6981, 6982, 7000, 7000-1 and 7002, Rem. Rev.Stat.; defining terms, prescribing procedure for recoveryon warehouse bonds, defining warehousemen's responsi-bility to store commodities, setting forth the requirementsof a public grain warehouse receipt, permitting ware-housemen to refuse to store certain commodities, provid-

.ing for issuance of forms for warehouse receipts, declar-ing the warehousing of fungible commodities to be a bail-ment, providing for action by the director of agricultureand the courts in respect to warehouse shortages and thecollection of expenses for such action, requiring ware-housemen to make reports, and giving the director of agri-culture certain powers.

Be it enacted by the Legislature of the State of

Washington:"Grain .. SECTION 1. The term "grain warehouse," whenwarehouse." SCIN1

used in this act, includes any elevator, mill, ware-house, public grain warehouse, public warehouse orother structure in which grain or other commoditiesas herein defined are received from the public forstorage, shipment or handling.

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