L&I Business Requirements (2024)

Find out which L&I requirements apply to your business.

My Business

Uses independent contractors or casual labor.

Has (or will have) employees.

Provides construction, remodeling or repair services, or

related work such as painting/installing floor coverings, or develops property, fixes up and then sells ("flips") homes, or manages/consults on construction or landscaping projects.

Works with low or high voltage wiring, or installs or maintains electrically powered equipment.

Examples:

  • Uses custom designed or modified electrically powered equipment
  • Installs wiring for computers, audio/visual equipment, alarm systems
  • Installs lighted fixtures or signage, solar panels, wired modular office panels

Workswithplumbingfixtures andtraps,potablewaterbuildingsupply anddistributionpipes,drainage andventpipes,medicalgas andmedicalvacuumsystems, orwaterheaters.

Has an elevator, escalator, moving walk, or other type of conveyance or lifting equipment.

Uses compressed air systems, boilers, or other pressurized tanks or vessels.

Uses, builds, or modifies mobile food (food trucks/trailers) or medical facilities, modular or portable buildings, trailers, RVs, manufactured homes, or other similar structures.

I want to know about other requirements that may apply to my business.

My Business Uses Independent Contractors or Casual Labor

Assume anyone you hire to be your employeeforworkers' compensation insurancepurposes unless they meet all requirements in the law, as described in L&I'sIndependent Contractor Guide(F101-063-000).The 6-part test every worker must pass to be considered an independent contractor is summarized inIndependent Contractor or Covered Worker? (F212-250-000) or on the Independent Contractor E-learning Tool.

Safety and health rules applyto independent contractors, even if you're not required to pay workers' compensation premiums, if the contract involves primarily personal labor. See definitions of "employer" and "employee" in the Washington Industrial Safety and Health Act,RCW 49.17.020 (4) and (5).

While the laws are different, if your independent contractors can meet the legal test for exemption from workers' compensation requirements, they will generally also be exempt fromwage and hour* and prevailing wage** requirements (see *RCW 49.46,**RCW 39.12.100).

My Business Has (or Will Have) Employees

Meet all of your workers' comp insurance requirements:

  • Set up a workers' compensation account.
  • Provide accurate company information to your account representative for risk classification purposes.
  • Need to find your L&I account representative? Go to the Verify a Contractor, Tradesperson or Business application, search for your company name, and scroll down.
  • File and pay quarterly reports.
  • Classify and track employee activities. Keep good records (F700-009-000).
  • Post the "Notice to Employees" poster (F242-191-909) (one of3 required posters).

Comply with safety and health requirements for your workplace:

  • Know thesafety and health lawsthat apply to your workplace.
  • Create and implement a written accident prevention program.
  • Providerequired safety and personal protective equipment at no cost to your employees.
  • Providesafety trainingto your employees.
  • Don'tdiscriminate or retaliate against employees who voice safety and health concerns or participate in safety inspections.
  • within 8 hours and non-hospitalized amputations or loss of any eye within 24 hours.
  • Post the"Job Safety and Health Law" poster (F416-081-909) (one of3 required posters).
  • Certain industries must pay annual fees to the Worker and Community Right to Know Program.

Follow all "wage and hour" laws:

  • Pay employees at leastminimum wageand/orovertimeas required.
  • Ensure overtime exempt employees meet the duties tests and annually updated salary thresholds.
  • Provide overtime pay to agricultural and dairy employees as appropriate.
  • Providepaid sick leavebenefits and regularly notify accrued leave to employees.
  • Providebreaks and meal periodsas required.
  • If you employ workers under 18,get a minor work permit endorsem*nt and comply with work restrictionsbeforehiring.
  • If you work in agriculture, comply with allagricultural employment standards.
  • Check and keep completeemployee records (F700-009-000).
  • Comply with the:
    • Provide equal pay for equal work and equal advancement opportunity.
    • Don't ask job applicants for past salary history.
    • Don't prohibit employees from disclosing their salaries to each another.
  • Ensure anynon-competition agreementsare with individuals whose compensation meets the minimum allowable and are otherwise enforceable.
  • Takerequired precautions to prevent sexual harassment and assault of isolated workers.
  • Provideleavewhen required:
    • Domestic violence leave
    • Family Leave Act
    • Holiday, vacation, and bereavement leave
    • Paid family and medical leave
  • Learn and comply withother laws.
  • Post the"Your Rights as a Worker" poster (F700-074-000) (one of 3 required posters).

Know your requirements in the event of a workplace injury:

  • Understand yourresponsibilities for addressing worker injuries and claims.
  • within 8 hours and non-hospitalized amputations or loss of an eye within 24 hours.
  • Don'tdiscourage employees from filing claims or discriminate against employees who have filed claims.

My Business Provides Construction, Remodeling or Repair Services, or Related Work Such as Painting/Installing Floor Coverings, or Develops Property, or Fixes Up and Then Sells ("Flips") Homes, or Manages/Consults on Construction or Landscaping Projects

Most activities listed above require contractor registration. If you're not sure if your specific business activity does, emailContReg@Lni.wa.govor call1-800-647-0982.

Contractors must:

  • Register as a contractorandrenew your registrationwhen it's due.
  • Comply withadvertising laws.
  • If you are a specialty contractor, provide only those services in yourspecialty description, and do not subcontract work, unless it's incidental to the job.
  • Only perform work that requires speciallicensing or certificationif you're properly qualified.
  • Assume any independent contractor or casual labor you hire to be your employee, unless they meet independent contractor requirements as described in L&I'sIndependent Contractor Guide(F101-063-000).
  • Provide customersnotice of your bondand your right to lien their property. SeeModel Disclosure Statement Notice to Customer(F625-030-000).
  • Followsafety standards for construction work, in addition to basicworker safety and health requirements.
  • Determine if there's asbestos involved in a project, and if asbestos is present, follow the appropriate rules.
  • Understandprime contractor liability: General contractors are liable if their subcontractors fail to pay workers' comp premiums.
  • FollowPrevailing Wage regulationsif you work on jobs funded — even in part — with public money ("public works projects"), unless only federal funds are involved.

My Business Works With Low or High Voltage Wiring, or Installs or Maintains Electrically Powered Equipment

Examples:

  • Uses custom designed or modified electrically powered equipment
  • Installs wiring for computers, audio/visual equipment, alarm systems
  • Installs lighted fixtures or signage, solar panels, wired modular office panels

If your business works with low or high voltage wiring, or installs or maintains electrically powered equipment:

  • Your business must have the properelectrical licenseto offer installation, repair, or maintenance services involving low or high voltage wiring or electrical and electrically powered equipment.
  • Additionally, individuals performing electrical work must be properlycertifiedto provide these services, unless you or your regular employees are working on your own building and the building is not a new property for rent, sale, or lease.
  • If you're not licensed to do electrical work for your customers, you can subcontract the work to a licensed electrical contractor, but only if you're aregistered general contractor.
  • Your electrically powered equipment must be certified by anaccredited product testing laboratoryor, if it ismanufacturing equipment used in a food processing or and industrial plant, approved for use through anengineering evaluation.
  • Use onlylicensed electrical contractorsif you're not doing the work yourself.
  • Whoever does the work must get apermitfor electrical work and have the workinspected.
  • If you or your employees have an electrical license or certificate, only perform services that fit within thescope of workof that specific license or certificate.
  • In addition to basic worker safety and health requirements, you're required to follow anyspecial electrical rules that may apply.

My Business Works With Plumbing Fixtures and Traps, Potable Water Building Supply and Distribution Pipes, Drainage and Vent Pipes, Medical Gas and Medical Vacuum Systems, or Water Heaters.

  • You must becertified by the Washington State Plumber Certification Programto work in the plumbing trade in Washington.
  • You must be alicensed plumbing contractorto advertise, offer to do work, submit a bid, or perform any plumbing work.
  • To become a certified journey level or specialty plumber, you must typically begin as a plumber trainee. See the categories below for the required experience of each plumber certification level:
    • Journey Level and Medical Gas
    • Residential
    • Residential Service
    • Backflow

My Business Has an Elevator, Escalator, Moving Walk, or Other Type of Conveyance or Lifting Equipment

If your business has conveyance equipment, such as an elevator, escalator, dumbwaiter, belt manlift, automobile parking elevator, moving walk, or other elevating devices, you must have itinspected and permitted.

Follow anymachine guarding requirements that apply, in addition to basicworker safety and health requirements.

My BusinessUses Compressed Air Systems, Boilers, or Other Pressurized Tanks or Vessels

If your business uses pressurized equipment, you must have each pressurized tank or vesselinspected and permitted. Tanks under 5 cubic feet, or 37.5 gallons, are exempt.

My Business Uses, Builds, or Modifies Mobile Food or Medical Facilities, Modular or Portable Buildings, Trailers, RVs, Manufactured Homes, or Other Similar Structures

If your business uses, builds, repairs, modifies, or remodels factory-assembled structures, you must have each structurepermitted and inspected.

Examples:

  • Mobile medical facilities
  • Modular or portable buildings
  • RVs or recreational park trailers
  • Food trucks, trailers, or concession vans
  • Trailers used as temporary or portable buildings
  • Manufactured or mobile homes (including installation)
  • Shelters, enclosures, or similar structures containing electrical or mechanical equipment

I Want To Know About Other Requirements That May Apply to My Business

See theWashington Small Business Guide.

Contact L&I's Small Business Office

  • Email: SmallBusiness@Lni.wa.gov
  • Toll-Free: 1-800-987-0145

L&I Business Requirements (2024)
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