WAC 296-27-05101   Definitions.  Employer means a person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: Provided, That any persons, partnership, or business entity not having employees, and who is covered by the Industrial Insurance Act must be considered both an employer and employee.

     Establishment means a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction; transportation; communications, electric, gas and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc., that either supervise such activities or are the base from which personnel carry out these activities.

     (1) Can one business location include two or more establishments? Normally, one business location has only one establishment. Under limited conditions, the employer may consider two or more separate businesses that share a single location to be separate establishments. An employer may divide one location into two or more establishments only when:

     • Each of the establishments represents a distinctly separate business;

     • Each business is engaged in a different economic activity;

     • No one industry description in the Standard Industrial Classification Manual (1987) applies to the joint activities of the establishments; and

     • Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information. For example, if an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment.

     (2) Can an establishment include more than one physical location? Yes, but only under certain conditions. An employer may combine two or more physical locations into a single establishment only when:

     • The employer operates the locations as a single business operation under common management;

     • The locations are all located in close proximity to each other; and

     • The employer keeps one set of business records for the locations, such as records on the number of employees, their wages and salaries, sales or receipts, and other kinds of business information. For example, one manufacturing establishment might include the main plant, a warehouse a few blocks away, and an administrative services building across the street.

     (3) If an employee telecommutes from home, is his or her home considered a separate establishment? No, for employees who telecommute from home, the employee's home is not a business establishment and a separate OSHA 300 Log is not required. Employees who telecommute must be linked to one of your establishments under WAC 296-27-02101 (2)(c).

     Injury or illness means an abnormal condition or disorder. Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder, or poisoning.

Note:

Injuries and illnesses are recordable only if they are new, work-related cases that meet one or more of this section's recording criteria.

     "OSHA" means Occupational Safety and Health Administration.

     Physician or other licensed health care professional means a physician or other licensed health care professional whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently perform, or be delegated the responsibility to perform, the activities described by this regulation.

     You means an employer.

Table "1" - Private Employer Exemptions

SIC Industry description code

525 Hardware Stores

542 Meat and Fish Markets

544 Candy, Nut, and Confectionary Stores

545 Dairy Products Stores

546 Retail Bakeries

549 Miscellaneous Food Stores

551 New and Used Car Dealers

552 Used Car Dealers

554 Gasoline Service Stations

557 Motorcycle Dealers

56 Apparel and Accessory Stores

573 Radio, Television, & Computer Stores

58 Eating and Drinking Places

591 Drug Stores and Proprietary Stores

592 Liquor Stores

594 Miscellaneous Shopping Goods Stores

599 Retail Stores, Not Elsewhere Classified

60 Depository Institutions (banks savings institutions)

61 Nondepository

62 Security and Commodity Brokers

63 Insurance Carriers

64 Insurance Agents, Brokers Services

653 Real Estate Agents and Managers

654 Title Abstract Offices

67 Holding and Other Investment Offices

722 Photographic Studios, Portrait

723 Beauty Shops

724 Barber Shops

725 Shoe Repair and Shoeshine Parlors

726 Funeral Service and Crematories

729 Miscellaneous Personal Services

731 Advertising Services

732 Credit Reporting and Collection Services

733 Mailing, Reproduction, Stenographic Services

737 Computer and Data Processing Services

738 Miscellaneous Business Services

764 Reupholstery and Furniture Repair

78 Motion Picture

791 Dance Studios, Schools, and Halls

792 Producers, Orchestras, Entertainers

793 Bowling Centers

81 Legal Services

82 Educational Services (schools, colleges, universities and libraries)

832 Individual and Family Services

835 Child Day Care Services

839 Social Services, Not Elsewhere Classified

841 Museums and Art Galleries

86 Membership Organizations

87 Engineering, Accounting, Research, Management and Related Services

899 Services, not elsewhere classified

Table "2" - Public Employer Exemptions

SIC Industry description code

821 Public Elementary and Secondary Schools

823 Public Libraries

[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 . 02-01-064, § 296-27-05101, filed 12/14/01, effective 1/1/02.]