PERMANENT RULES
Date of Adoption: May 8, 2001.
Purpose: The purpose of WAC 356-46-150 is to establish the return to work initiative program on a permanent basis. WAC 356-30-331 addresses the reduction in force transition pool (RTP) program. Changes to the RTP rule address the return to work initiative program.
Citation of Existing Rules Affected by this Order: Amending WAC 356-46-150 and 356-30-331.
Statutory Authority for Adoption: RCW 41.06.150.
Adopted under notice filed as WSR 01-08-062 on April 3, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0. Effective Date of Rule: July 1, 2001.
May 18, 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.
(c) Permanent Washington management service employees who were appointed from a voluntary demotion register to a Washington general service class not previously held or from a promotional register into another agency and who are either voluntarily or involuntarily reverted during their trial service period.
(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. 01-07-055, 356-30-331, filed 3/19/01, effective 5/1/01; 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.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.