Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TNC-ENFORCEMENT STANDARDS › Section 296-128-99290 - Enforcement-Administrative enforcement supplemental and variance for delayed implementation of accessible system and communication system requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Nothing in these rules limits the
				department's authority to enforce
				RCW
				49.46.200 through
				49.46.350, or associated rules, as
				otherwise provided under Title 49 RCW.
(2)
(a) A
				transportation network company that qualifies under (b) of this subsection may
				seek a temporary variance on the requirements for an accessible system or a
				communication system under this chapter by submitting a written application to
				the director.
(b) A transportation
				network company who provides less than 1,000,000 dispatched trips within the
				state in the preceding calendar year qualifies for the variance in this
				section. Separate entities that form an integrated enterprise shall be
				considered a single transportation network company under this rule as provided
				by RCW
				49.46.300(3)(b).
(c) This variance is limited to the
				requirements to use an accessible system or a communication system to
				communicate with drivers. The variance does not change the transportation
				network company's obligations to provide all notices, receipts, paid sick time
				balances and any other communications required by chapter 49.46 RCW and
				associated rules to the driver in an electronic format that is readily
				accessible through either a smartphone application or an online web
				portal.
(d) A written application
				for a variance must contain the following:
(i) A description of the specific
				requirements the qualifying transportation network company seeks to
				delay;
(ii) Reasons for the
				variance request, including good cause for the delayed implementation of the
				requirements for an accessible system or a communication system being
				sought;
(iii) The length of delay
				being sought for the requirement(s) and a timeline showing how the
				transportation network company plans to come into compliance with the
				applicable requirements of this chapter;
(iv) An explanation of how the transportation
				network company will ensure drivers are provided the required notifications
				under this chapter during the variance period; and
(v) Evidence confirming that the
				transportation network company qualifies under this subsection.
(e) After reviewing the
				application, the director may grant a temporary variance to remain valid for up
				to one year if the director determines that the transportation network company
				meets the requirements of this section, will ensure that drivers are being
				provided all required notices under this chapter during the variance period,
				and has established good cause. The director will take into consideration the
				timeline provided in the variance application in determining the length of the
				variance.
(f) "Good cause" means
				the transportation network company can establish that it is infeasible for the
				company to come into full compliance with the requirements for the use of an
				accessible system or a communication system within the necessary time
				frame.
(g) The director may revoke
				or terminate the variance order at any time, upon at least 30 days' notice to
				the transportation network company.
(h) Upon further request by a transportation
				network company, the director may approve an extension of the variance for up
				to an additional year. An extension request must contain the information
				outlined in (d) of this subsection.
(i) If a transportation network company
				obtains a variance under these rules, within 15 days of being granted the
				variance the transportation network company must provide drivers notice
				indicating how they will be receiving the required notifications under this
				chapter. The transportation network company must make this information readily
				available to all drivers.