PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 356-46-150 Return to work initiative program and 356-30-331 Reduction in force -- Transition pool program.
Purpose: These rules pertain to a return to work initiative program and the reduction in force (RIF) transition pool.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Summary: The new rule will allow agencies to participate in the return [to] work initiative program. The modifications to the RIF transition pool are needed to address the return to work initiative program.
Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.
Name of Proponent: Department of Personnel, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The return to work initiative program has operated as a pilot for two biennia. The Department of Personnel has now agreed to continue the project on a permanent basis. The new rule is needed for the ongoing administration of the program. The modifications to the RIF transition pool rule are needed to address the return to work initiative program.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules relate to internal government operations that are not subject to violation by a nongovernmental party. Therefore, pursuant to RCW 34.05.328 [(5)](b)(ii), section 201 does not apply.
Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on May 8, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Department of Personnel by May 1, 2001, TDD (360) 753-4107, or (360) 586-8260.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by May 4, 2001.
Date of Intended Adoption: May 8, 2001.
April 2, 2001
Eugene Matt
Secretary
(1) The program applies to permanent employees who have been disability separated or who are at risk of disability separation due to an accepted industrial injury condition, and meet the following criteria for participation in the program:
(a) The employee must be employed by an agency participating in the program; and
(b) The agency must approve the participation of the employee to be in the program; and
(c) The employee must be permanently unable to return to the job of injury due to the effects of the industrial injury; however, the employee must be capable of return to some form of gainful employment; and
(d) The employee must have an open industrial insurance claim for which the employee is receiving current time loss compensation benefits; and
(e) The department of personnel must be able to secure authorization from the department of labor and industries to bill for return to work services against the industrial insurance claim.
(2) Permanent employees participating in the program may request placement on the reduction in force transition pool list to fill funded vacant positions for which there are no available candidates on reduction in force registers.
(3) Agencies, including those agencies with local list authority, who participate in the program shall adhere to the operating procedures established by the director.
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(1) To administer the program, the director or designee may waive provisions of Title 356 WAC that:
(a) Require employees seeking transfer and voluntary demotion in lieu of reduction in force to meet approved minimum qualifications;
(b) Authorize only the director to waive minimum qualifications; and
(c) Allow qualifying examinations for transfers or voluntary
demotions((; and)).
(2) The program applies to:
(a) All permanent employees separated by reduction in force or notified by the agency personnel representative that they are at risk of reduction in force; and
(b) Return to work employees in those agencies that are
participating in the return to work ((pilot)) initiative program.
(3) Agencies, including those agencies with local list authority, shall adhere to the operating procedures established by the director.
(4) Employees participating in the reduction in force transition pool program shall have no right of appeal within this program.
[Statutory Authority: RCW 41.06.150. 00-11-122, 356-30-331, filed 5/22/00, effective 7/1/00. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 93-16-022, 356-30-331, filed 7/23/93, effective 8/23/93.]