reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-429 - Existing lists of eligibles and public notice

Current through Register Vol. 24-14, July 15, 2024
(1) A sponsor who adopts a selection method
			 under WAC
			 296-05-417 must conduct an
			 enrollment deficiency analysis (see WAC
			 296-05-433). If, as a result of
			 this analysis, the sponsor concludes that there are fewer minorities and/or
			 women on its existing pools and lists than there should be, these pools and
			 lists must be discarded.
(2) Once
			 the existing pools and lists have been discarded, new eligibility pools must be
			 established and lists must be posted at the sponsor's place of business.
			 Sponsors must allow at least a two-week period for accepting applications for
			 admission to the apprenticeship program. There must be at least thirty calendar
			 days of public notice in advance of the earliest date for application for
			 admission to the apprenticeship program (see WAC
			 296-05-411).
(3) Once an applicant has been placed in an
			 eligibility pool, they must be retained on the eligibility lists for two years
			 unless they request, in writing, that they be removed or unless they fail to
			 respond to an apprentice job opportunity mailed to applicant's last known
			 address by certified mail, return receipt requested. It is the applicant's
			 responsibility to keep the sponsor informed of the applicant's current mailing
			 address. A sponsor, upon receiving a written request from a former applicant
			 whose name was removed from an eligibility list, may restore the applicant's
			 name to the list.
(4) Applicants
			 who have been accepted in the program must be given a reasonable time in which
			 to report for work. A "reasonable time" will be interpreted in light of the
			 customs and practices of the industry for reporting for work. All applicants
			 must be treated equally in the determination and application of "a reasonable
			 time."
Statutory Authority:
				  Chapter
				  49.04 RCW and
				  RCW
				  19.285.040. 11-11-002, § 296-05-429,
				  filed 5/4/11, effective 7/25/11. Statutory Authority:
				  RCW
				   49.04.010, 2001 c 204, and
				  chapter
				  49.04 RCW. 01-22-055,
				  § 296-05-429, filed 10/31/01, effective
				  1/17/02.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-431 - Equal employment opportunity records of the WSATC retained by the department

Current through Register Vol. 24-14, July 15, 2024
The WSATC must keep the following types of records in the
				apprenticeship supervisor's office:
(1) Registration requirements;
(2) Individual program standards;
(3) Registration records;
(4) Program compliance reviews and
			 investigations;
(5) Any other
			 records pertinent to the determination of compliance with these rules;
			 and
(6) Any records that must be
			 reported to the United States Department of Labor, Employment and Training
			 Administration, Office of Apprenticeship.
The records required by these rules and any other information
				relevant to compliance with  29 C.F.R. Part 30  must be maintained for five
				years. Also, these records and related information must be made available upon
				request to the United States Department of Labor or other authorized
				representatives.
Statutory Authority:
				  Chapter
				  49.04 RCW and
				  RCW
				  19.285.040. 11-11-002, § 296-05-431,
				  filed 5/4/11, effective 7/25/11. Statutory Authority:
				  RCW
				   49.04.010, 2001 c 204, and
				  chapter
				  49.04 RCW. 01-22-055,
				  § 296-05-431, filed 10/31/01, effective
				  1/17/02.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-433 - Enrollment deficiency analysis

Current through Register Vol. 24-14, July 15, 2024
(1)
			 In analyzing a program to determine whether a deficiency exists, the sponsor
			 must consider at least the following factors:
(a) The percentage of the working age
			 minority and female population in the program sponsor's labor market
			 area;
(b) The percentage of the
			 minority and female labor force in the program sponsor's labor market
			 area;
(c) The percentage of the
			 minority and female apprentices participating in a particular occupation
			 compared to the percentage of minorities and women in the labor force in the
			 program sponsor's labor market area;
(d) The percentage of minorities and women
			 participating as journey-level employee(s) employed by the employer(s)
			 participating in the program as compared with the percentage of minorities and
			 women in the sponsor's labor market area and the extent to which the sponsor
			 should be expected to correct any deficiencies through the achievement of goals
			 and timetables for the selection of apprentices; and
(e) The general availability of minorities
			 and women in the sponsor's labor market that have present or potential capacity
			 for apprenticeship in the program sponsor's labor market area.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-435 - Data and information

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 apprenticeship supervisor must provide program sponsors with data and
			 information on minorities and women labor force characteristics generated by
			 the employment security department or the office of financial management. This
			 information is available for standard metropolitan statistical areas as well as
			 special statistical areas.
(2) The
			 specific data used to calculate the percentages in WAC
			 296-05-433 must be obtained from
			 records maintained by apprenticeship committees.
Statutory Authority:
				  RCW
				  49.04.010, 2001 c 204, and
				  chapter
				  49.04 RCW. 01-22-055,
				  § 296-05-435, filed 10/31/01, effective
				  1/17/02.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-437 - Developing and evaluating enrollment goals and timetables

Current through Register Vol. 24-14, July 15, 2024
(1) Goals and
			 timetables must be based upon the sponsor's enrollment analysis of its
			 underutilization of minorities and women and its entire affirmative action
			 program. Specific enrollment goals for minorities and a separate single goal
			 for women may be acceptable unless a particular group is employed in a
			 substantially disparate manner. In such a case, separate goals must be
			 established for the disparate group. An example of such a situation would be
			 where a specific minority group of women were underutilized even though the
			 sponsor had achieved its enrollment goals for women generally. A separate,
			 additional goal should be established to increase the enrollment of this
			 specific group.
(2) In establishing
			 the enrollment goals and timetables, the sponsor should establish reasonable
			 goals that can be achieved through a good faith effort.
(3) In evaluating whether a sponsor has
			 satisfied the affirmative action requirements of these rules, the WSATC must
			 determine whether the sponsor has made a good faith effort to do so.
(4) The sponsor's good faith efforts shall be
			 judged by whether the sponsor is following its affirmative action program and
			 attempting to make it work. A specific example of a good faith effort by a
			 sponsor would be when a sponsor conducts evaluations of its affirmative action
			 program and makes the necessary changes to achieve success in the attainment of
			 its goals.
Statutory Authority:
				  RCW
				  49.04.010, 2001 c 204, and
				  chapter
				  49.04 RCW. 01-22-055,
				  § 296-05-437, filed 10/31/01, effective
				  1/17/02.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-439 - Failure to meet goals and timetables

Current through Register Vol. 24-14, July 15, 2024
(1) If a sponsor, despite its good faith
			 efforts, fails to meet its goals and timetables within a reasonable period of
			 time, the sponsor may be required to make appropriate changes in its
			 affirmative action program in order to obtain maximum effectiveness toward the
			 attainment of its goals.
(2) If the
			 WSATC determines the failure of a sponsor to meet its goals and timetables is
			 substantially a result of the enrollment selection method adopted, the sponsor
			 may be required to develop and adopt a WSATC prescribed selection
			 method.
(3) If a sponsor's failure
			 to meet its goals is substantially a result of the qualification standard it
			 used to select minorities and/or women, the sponsor may be required to show
			 that the qualification standards directly relate to job performance.
			 Specifically, the sponsor will be expected to demonstrate a significant
			 statistical relationship between the qualification standards used and the
			 required job performance. This statistical relationship must be based upon the
			 procedures discussed in  41 C.F.R. Part 60-3  (Guidelines on employee selection
			 procedures).
Statutory Authority:
				  RCW
				  49.04.010, 2001 c 204, and
				  chapter
				  49.04 RCW. 01-22-055,
				  § 296-05-439, filed 10/31/01, effective
				  1/17/02.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-441 - Noncompliance with federal and state equal opportunity requirements

Current through Register Vol. 24-14, July 15, 2024
When a compliance review concludes that a sponsor is not
				operating according to the federal or state laws or regulations requiring equal
				opportunity, the apprenticeship supervisor must take action. Such action must
				include:
(1) Notifying the sponsor in
			 writing of the review results;
(2)
			 Making a reasonable effort to secure voluntary compliance from the program
			 sponsor; and
(3) Giving the sponsor
			 a reasonable amount of time to comply with the review recommendations before
			 undertaking sanctions under WAC
			 296-05-109.
Statutory Authority:
				  RCW
				   49.04.010, 2001 c 204, and
				  chapter
				  49.04 RCW. 01-22-055,
				  § 296-05-441, filed 10/31/01, effective
				  1/17/02.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-443 - Complaint filing

Current through Register Vol. 24-14, July 15, 2024
(1) Any apprentice
			 or applicant for apprenticeship who believes they have been discriminated
			 against may file a complaint. The basis of the complaint may be:
(a) Discrimination on the basis of race, sex
			 (including pregnancy and gender identity), sexual orientation, color, religion,
			 national origin, age, disability, genetic information, or as otherwise
			 specified by law by a sponsor or a sponsor's program;
(b) The equal opportunity standards have not
			 been followed; or
(c) The sponsor's
			 equal employment opportunity plan does not comply with the requirements of this
			 chapter.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-445 - Private review panels

Current through Register Vol. 24-14, July 15, 2024
Sponsors may establish private review panels to resolve
				affirmative action complaints. The WSATC encourages sponsors to establish,
				fair, speedy, and effective procedures for the operation of the private review
				panel. Private review panels should be comprised of three or more responsible
				persons from the community who will serve without compensation. They should not
				be directly associated with the administration of an apprenticeship program. If
				necessary, sponsors may join together to establish a private review
				panel.
Statutory Authority:
				  RCW
				  49.04.010, 2001 c 204, and
				  chapter
				  49.04 RCW. 01-22-055,
				  § 296-05-445, filed 10/31/01, effective
				  1/17/02.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-447 - Processing of complaints

Current through Register Vol. 24-14, July 15, 2024
(1) All
			 approved programs must establish procedures explaining the program's complaint
			 review process. These procedures must comply with the requirements of this
			 section. Each sponsor must give a copy of the complaint procedures to each
			 apprenticeship applicant and to all enrolled apprentices.
(2) When the apprenticeship supervisor
			 receives a complaint and the sponsor has a private review panel in place, the
			 complaint must be referred to the panel unless the complainant chooses
			 otherwise or unless the council concludes that the panel will not
			 satisfactorily resolve the complaint.
(3) Once the complaint is referred to the
			 private review panel, the panel has no more than thirty calendar days to
			 resolve it. At the end of the period, the supervisor will obtain the reports
			 from the complainant and the review body as to the disposition of the
			 complaint. If the complaint has been satisfactorily resolved and there is no
			 other indication of failure to apply equal opportunity standards, the case
			 shall be closed and the parties formally notified.
(4) If the private review panel has not
			 satisfactorily resolved the complaint within ninety calendar days, the WSATC
			 may conduct a compliance review and take all necessary steps to resolve the
			 complaint.
(5) If the review panel
			 satisfactorily resolves the complaint but there is evidence that the equal
			 opportunity practices of the sponsor's program are not in compliance with the
			 requirements of this chapter, the council must conduct a compliance review and
			 take all steps necessary to bring the program into compliance.
(6) When a private review panel does not
			 exist, the WSATC may conduct a compliance review to determine the facts of the
			 complaint and any other information necessary to resolve the dispute.
(7) If the WSATC believes that satisfactorily
			 resolving a complaint requires a change in the time limits established in this
			 section, it can modify the time constraints by adopting special processing
			 procedures. However, special processing procedures must only be adopted when
			 circumstances warrant them and only if they will not prejudice any person or
			 party associated with the complaint.
(8) Equal employment opportunity complaints
			 may be referred to the appropriate state or federal entity upon
			 receipt.
Statutory Authority:
				  Chapter
				  49.04 RCW and
				  RCW
				   19.285.040. 11-11-002, § 296-05-447,
				  filed 5/4/11, effective 7/25/11. Statutory Authority:
				  RCW
				   49.04.010, 2001 c 204, and
				  chapter
				  49.04 RCW. 01-22-055,
				  § 296-05-447, filed 10/31/01, effective
				  1/17/02.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-455 - Intimidatory or retaliatory acts

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Any intimidation, threat, coercion, or retaliation by or with the approval of a
			 sponsor, against a person who has exercised rights or privilege under Title VII
			 of the Civil Rights Act of 1964 as amended or the amended Executive Order 11246
			 is a violation of the equal opportunity standards of these rules. Such acts may
			 be investigated by the WSATC and, if appropriate, will be prosecuted.
(2) Identity of a complainant must be kept
			 confidential except when it is necessary to carry out the intent of these
			 rules, for example, the need to conduct an investigation, hearing, or judicial
			 proceeding.
Statutory Authority:
				  RCW
				  49.04.010, 2001 c 204, and
				  chapter
				  49.04 RCW. 01-22-055,
				  § 296-05-455, filed 10/31/01, effective
				  1/17/02.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-05 - Apprenticeship rules › Section 296-05-457 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
A sponsor may request an exemption from Part D of these rules.
				The request may ask exemption from all of the section or from selected ones.
				The request must be in writing and must be addressed to the apprenticeship
				supervisor. It must explain why an exemption is needed. An exemption may be
				granted either by the WSATC or by the secretary of the United States Department
				of Labor, but can only be granted for good cause. If the WSATC approves an
				exemption that affects a substantial number of employers, it must notify the
				United States Department of Labor explaining why the exemption was
				allowed.
Statutory Authority:
				  RCW
				  49.04.010, 2001 c 204, and
				  chapter
				  49.04 RCW. 01-22-055,
				  § 296-05-457, filed 10/31/01, effective
				  1/17/02.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The department of labor and industries (L&I) is an agency
				of state government created by
				RCW
				 43.17.010. In this chapter it shall be
				referred to as the "department." Where appropriate, "department" also refers to
				its staff and employees. The purpose of this chapter is to ensure compliance
				with the public records provisions of chapter 42.17 RCW.
Statutory Authority:
				  Chapter
				  43.17 RCW, RCW
				  42.17.250,[42.17].251, 51.04.020, 51.04.030, and 2005 c 483. 05-13-151, §
				  296-06-010, filed 6/21/05, effective 7/22/05. Statutory Authority:
				  RCW
				   51.04.020(4) and
				  51.04.030. 90-07-004, §
				  296-06-010, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-010,
				  filed 9/28/76; Order 73-12, § 296-06-010, filed
				  7/31/73.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-020 - Description of department organization

Current through Register Vol. 24-14, July 15, 2024
(1)
Central organization.
The
			 chief executive officer of the department is the director of labor and
			 industries, referred to here as "director." The director is appointed by the
			 governor with the consent of the senate and serves at the pleasure of the
			 governor. The department is organized in six regions across five divisions:
			 Insurance services, WISHA (Washington Industrial Safety and Health Act)
			 services, specialty compliance services, operations, and field services. Each
			 region and division is responsible to a deputy director or assistant director
			 appointed by the director. Major policy decisions, rule-making, and the primary
			 administrative functions of the department are carried out by the department's
			 central organizations in Olympia.
(2)
Field services.
The department maintains service locations, or major field
				offices, in many cities. These service locations are grouped into six regions
				throughout the state, each headed by a regional administrator.
Statutory Authority:
				  Chapter
				  43.17 RCW, RCW
				  42.17.250(1)(a),
				  51.04.020,
				  51.04.030, and 2005 c 483.
				  05-13-151, § 296-06-020, filed 6/21/05, effective 7/22/05. Statutory
				  Authority:
				  RCW
				   51.04.020(4) and
				  51.04.030. 90-07-004, §
				  296-06-020, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-020,
				  filed 9/28/76; Order 73-12, § 296-06-020, filed
				  7/31/73.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-030 - Locations where information about the department may be obtained and the department public records inspected and copied

Current through Register Vol. 24-14, July 15, 2024
(1)
Tumwater office.
The office of the director, the administrative office of the
				department, the main offices of the divisions, and the office of the public
				records officer are in the Labor and Industries headquarters building,
				Tumwater, Washington. General information about the department and its
				divisions may be obtained at this location, and on the internet at
www.lni.wa.gov
.
(2)
Field offices.
(a) General information about the department
			 may also be obtained at its service locations, or field offices, at the
			 addresses listed on the internet at
www.lni.wa.gov
and/or found on the state
			 government pages of local area telephone directories.
(b) Requests for public records containing
			 confidential information will be processed only through the Tumwater office,
			 unless the requestor is authorized to access them.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-050 - Department rules

Current through Register Vol. 24-14, July 15, 2024
The department's rules, adopted as authorized by law, are in
				Title 296 WAC.
Statutory Authority: RCW 42.17.250(1)(b) and (c), 42.17.290,
				  and 2005 c 483. 05-13-151, § 296-06-050, filed 6/21/05, effective 7/22/05;
				  Order 76-27, § 296-06-050, filed 9/28/76; Order 73-12, § 296-06-050,
				  filed 7/31/73.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-080 - Authorization to release information

Current through Register Vol. 24-14, July 15, 2024
Some public records are protected from inspection and/or
				copying by state and/or federal law. You may access these records by
				either:
Being the person legally authorized to access them; or
Getting a notarized written authorization from the person with
				legal access. This authorization must:
- Include a description of the records.
- State the name of the person or persons authorized to inspect
				and copy the records.
- Be signed and dated by the person with legal access to the
				records.
Note:
If the records contain information about a disease or
							 a condition usually transmitted through sexual contact, the release
							 authorization must specifically mention sexually transmitted disease.
Authorizations to release information, once submitted to the
				department, become a part of the public record and the department's
				files.
Statutory Authority:
				  RCW
				  51.28.070,
				  51.16.070, and 2005 c 483.
				  05-13-151, § 296-06-080, filed 6/21/05, effective 7/22/05. Statutory
				  Authority:
				  RCW
				   51.04.020(4) and
				  51.04.030. 90-07-004, §
				  296-06-080, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-080,
				  filed 9/28/76; Order 73-12, § 296-06-080, filed
				  7/31/73.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-090 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The department will designate a public records officer to be in
				charge of its public records. This officer will have an office at the
				department's Tumwater headquarters. They are responsible for the enforcement of
				the department's rules and regulations regarding the release of public records,
				and for making sure the department's staff cooperates and complies with the
				public disclosure requirements of chapter 42.17 RCW. They may appoint delegates
				to help with the work as necessary.
Statutory Authority:
				  RCW
				  43.17.060,
				  51.04.020,
				  51.04.030, and 2005 c 483.
				  05-13-151, § 296-06-090, filed 6/21/05, effective 7/22/05. Statutory
				  Authority:
				  RCW
				   51.04.020(4) and
				  51.04.030. 90-07-004, §
				  296-06-090, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-090,
				  filed 9/28/76; Order 73-12, § 296-06-090, filed
				  7/31/73.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-100 - Office hours

Current through Register Vol. 24-14, July 15, 2024
Inspecting and copying the department's public records will be
				allowed only during regular office hours, which are 8:00 a.m. through 5:00 p.m.
				Monday through Friday, not including legal holidays.
Statutory Authority: RCW 42.17.270, [42.17].280,[42.17].290, and 2005 c 483. 05-13-151, § 296-06-100, filed 6/21/05, effective 7/22/05.
				  Statutory Authority:
				  RCW
				   51.04.020(4) and
				  51.04.030. 90-07-004, §
				  296-06-100, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-100,
				  filed 9/28/76; Order 73-12, § 296-06-100, filed
				  7/31/73.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-110 - Requesting public records

Current through Register Vol. 24-14, July 15, 2024
(1) You can
			 request an inspection or copy of the department's public records by either:
Making a request at any of the department's service locations;
				or
Sending a written request to the L&I public disclosure unit
				at:
Department of Labor & Industries
Public Disclosure Unit
Post Office Box 44632
Olympia, WA 98504-4632
Note:
If you make an oral request, the department may put
							 your request in writing and give or send a copy of it to you for confirmation
							 or written correction.
(2)
			 Written requests must include the following:
The requestor's name.
The date the request is being made.
A description of the requested records, including the title,
				subject matter, date the records were made, and any other identifying
				information.
A signed statement that the material will not be used for
				commercial purposes, if the requested material includes a list of
				individuals.
Note:
Department staff will assist the requestor in
							 identifying records if needed. If the request is not clear, the department will
							 ask for clarification. If no clarification is received, the department will not
							 respond. The department shall not deny a request for identifiable public
							 records solely on the basis that the request is overbroad.
(3)
			 Records that are protected by an individual's rights to privacy will not be
			 released until the authorization described in WAC
			 296-06-080 is submitted, with the
			 written request, to the department.
Statutory Authority: RCW 42.17.260(1), 42.17.320, 42.17.290,
				  and 2005 c 483. 05-13-151, § 296-06-110, filed 6/21/05, effective 7/22/05.
				  Statutory Authority:
				  RCW
				   51.04.020(4) and
				  51.04.030. 90-07-004, §
				  296-06-110, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-110,
				  filed 9/28/76; Order 73-12, § 296-06-110, filed
				  7/31/73.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-120 - Copying fees

Current through Register Vol. 24-14, July 15, 2024
Under
				RCW
				 42.56.120(2), the department
				may charge the requestor a fee for reimbursement of costs directly related to
				the copying of public records. If the department delivers copies of records
				request on a partial or installment basis, it may charge for each part of the
				request as it is provided. The agency is not allowed to make a profit from copy
				fees.
(1) There is no fee for locating
			 or preparing records for inspection or copying.
(2) The department does not charge fees for a
			 person to inspect or access records on the agency's public internet web site.
(a) The department will provide space to
			 inspect public records.
(b) The
			 department will notify the requestor in writing that the records are available
			 to inspect. Within twenty days after the department sends notification, the
			 requestor must make arrangements with the department to inspect the
			 records.
(c) After inspection, the
			 requestor must identify which records he or she wishes the department to
			 copy.
(d) Depending on staff
			 availability and the volume of records requested, the department may determine
			 the actual cost of the records requested and provide an invoice to the
			 requestor at that time or provide the invoice at a later date.
(e) Once payment has been made, staff will
			 copy the requested records and provide them to the requestor.
(f) When the inspection is complete and all
			 requested copies are provided, the department will send notification to the
			 requestor that the request is closed.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-130 - Denials of records requests

Current through Register Vol. 24-14, July 15, 2024
The public records officer and his or her designees have the
				power to deny a request for public records. Denials must include:
The reason for the denial.
A statement of any exemption that authorizes the denial of the
				record.
A brief explanation of how the exemption applies to the
				withheld record.
The signature of the public records officer or their
				designee.
Statutory Authority: RCW 42.17.260(1), 42.17.320, and 2005 c
				  483. 05-13-151, § 296-06-130, filed 6/21/05, effective 7/22/05. Statutory
				  Authority:
				  RCW
				   51.04.020(4) and
				  51.04.030. 90-07-004, §
				  296-06-130, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-130,
				  filed 9/28/76; Order 73-12, § 296-06-130, filed
				  7/31/73.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-140 - Appeal of denial of requests

Current through Register Vol. 24-14, July 15, 2024
After a request for inspection or copying of public records is
				denied, the requestor may ask the department to review the denial. The request
				for review must:
Be made in writing.
Be sent to the public records officer or his/her designee after
				receiving the denial.
Specifically refer to the denial.
Contain a brief statement that gives reasons for
				reconsideration of the denial.
Statutory Authority: RCW 42.17.290, 42.17.320, 42.17.325, and
				  2005 c 483. 05-13-151, § 296-06-140, filed 6/21/05, effective 7/22/05.
				  Statutory Authority:
				  RCW
				   51.04.020(4) and
				  51.04.030. 90-07-004, §
				  296-06-140, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-140,
				  filed 9/28/76; Order 73-12, § 296-06-140, filed
				  7/31/73.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-150 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
The department will protect its public records from damage or
				disorganization. Public records requests will not be allowed to interfere with
				essential functions of the department.
All inspections of public records will be supervised by a
				department staff member. Staff members will not allow records to be inspected
				or copied by anyone who is intoxicated, violent, abusive, threatening, or
				otherwise disruptive. Anyone who displays these characteristics during a
				records inspection may have the inspection terminated by department
				staff.
Staff members who are supervising the inspection or copying of
				public records will make sure of the following:
Records are not torn, mutilated, marked, or otherwise harmed by
				the requestor.
Inspection and copying activities do not disrupt the
				department's operations.
Full, prompt, and courteous assistance is provided to the
				requestor.
Statutory Authority: RCW 42.17.290 and 2005 c 483. 05-13-151,
				  § 296-06-150, filed 6/21/05, effective 7/22/05. Statutory Authority:
				  RCW
				   51.04.020(4) and
				  51.04.030. 90-07-004, §
				  296-06-150, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-150,
				  filed 9/28/76; Order 73-12, § 296-06-150, filed
				  7/31/73.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-06 - Public records › Section 296-06-175 - Records index

Current through Register Vol. 24-14, July 15, 2024
The department of labor and industries will maintain a current
				index as required by RCW  42.17.260. The index will consist of record types
				and/or descriptions, their locations, and availabilities. These records will be
				made available according to public disclosure law. The agency records index is
				accessible online at
www.lni.wa.gov
. The
				index will be updated as needed. Copies of the index will be provided upon
				request by the public disclosure unit.
Statutory Authority: RCW 42.17.260(5), (6) and 2005 c 483.
				  05-13-151, § 296-06-175, filed 6/21/05, effective
				  7/22/05.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-07 - State Environmental Policy Act guidelines › Section 296-07-010 - Use of abbreviations

Current through Register Vol. 24-14, July 15, 2024
In this chapter the department of labor and industries shall be
				referred to as the "department"; the director of labor and industries as the
				"director"; the State Environmental Policy Act,
				chapter
				43.21C RCW, as "SEPA";
				chapter 197-10 WAC effective January 16, 1976 as the "SEPA guidelines"; and
				environmental impact statement as "EIS."
Order 76-16, § 296-07-010, filed
				  5/20/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-07 - State Environmental Policy Act guidelines › Section 296-07-020 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
The rules contained in this chapter are to carry out the policy
				and procedures of SEPA and the SEPA guidelines, and shall govern the
				application of SEPA requirements to the department. These rules are adopted
				pursuant to the requirement of and authority provided by
				chapter
				43.21C RCW and chapter
				197-10 WAC.
From the effective date of this chapter the department in
				undertaking nonexempt actions shall conform to those relevant and applicable
				policies and procedures declared mandatory by the provisions of SEPA or the
				SEPA guidelines. Such pertinent and mandatory policy and procedures are hereby
				incorporated by reference and adopted as the policy and procedures of the
				department.
Order 76-16, § 296-07-020, filed
				  5/20/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-07 - State Environmental Policy Act guidelines › Section 296-07-030 - Meaning of words and terms

Current through Register Vol. 24-14, July 15, 2024
The words and terms in this chapter and in all proceedings of
				the department in compliance with SEPA shall be deemed to conform to the
				mandatory definitions contained in the SEPA guidelines.
Order 76-16, § 296-07-030, filed
				  5/20/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-07 - State Environmental Policy Act guidelines › Section 296-07-040 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
All activities under programs administered by the department as
				of December 12, 1975 are hereby exempted, except the issuance of any license
				for the manufacture of explosives or the adoption or amendment by the
				department of any regulations incorporating general standards respecting the
				issuance of licenses authorizing the storage of explosives pursuant to chapter
				70.74 RCW.
The adoption of any industrial health or safety regulations
				containing noise standards shall be considered a major action under this
				chapter. In addition all other exemptions provided by SEPA or the SEPA
				guidelines shall apply.
Order 76-16, § 296-07-040, filed
				  5/20/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-07 - State Environmental Policy Act guidelines › Section 296-07-050 - Sufficiency of compliance with SEPA guidelines

Current through Register Vol. 24-14, July 15, 2024
Compliance with the applicable mandatory SEPA guidelines as
				supplemented by this chapter shall be deemed to constitute compliance with this
				chapter.
Order 76-16, § 296-07-050, filed
				  5/20/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-07 - State Environmental Policy Act guidelines › Section 296-07-060 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
The assistant director of any department, division, or head of
				any independent department section with major responsibility for any nonexempt
				action shall be the responsible official for the purpose of complying with
				SEPA. In any other case the director shall be the responsible official or he
				shall designate another person to be the responsible
				official.
Order 76-16, § 296-07-060, filed
				  5/20/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-07 - State Environmental Policy Act guidelines › Section 296-07-070 - Department's SEPA public information center

Current through Register Vol. 24-14, July 15, 2024
There is hereby established a department public information
				center to carry out the functions contemplated by the SEPA guidelines, WAC
				197-10-830, to be located in the offices of the department at Olympia,
				Washington. The department's public records officer shall have charge
				thereof.
Order 76-16, § 296-07-070, filed
				  5/20/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-07 - State Environmental Policy Act guidelines › Section 296-07-080 - Maintenance of EIS available register

Current through Register Vol. 24-14, July 15, 2024
The department shall maintain an EIS available register at its
				SEPA public information center. Said register shall be in the charge of the
				department's public records officer and it shall be available for public
				inspection and copying.
Order 76-16, § 296-07-080, filed
				  5/20/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-07 - State Environmental Policy Act guidelines › Section 296-07-090 - Exemption for emergency actions

Current through Register Vol. 24-14, July 15, 2024
When actions are exempted from the requirements of SEPA or the
				SEPA guidelines because they are actions which must be taken immediately, or
				within a time too short to allow full compliance with SEPA or the SEPA
				guidelines to avoid an imminent danger to public or private property, or to
				prevent an imminent threat of serious environmental degradation, the
				responsible official shall prepare a written statement showing the nature of
				the action and the reasons for immediate action. Such statement shall be filed
				in the department's SEPA public information center.
Order 76-16, § 296-07-090, filed
				  5/20/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-07 - State Environmental Policy Act guidelines › Section 296-07-100 - Chapter to be amended when SEPA guidelines amended

Current through Register Vol. 24-14, July 15, 2024
When amendments are adopted to the SEPA guidelines the
				department shall adopt all amendments to this chapter within one hundred twenty
				days to bring this chapter into conformance with the SEPA guidelines as
				amended.
Order 76-16, § 296-07-100, filed
				  5/20/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-07 - State Environmental Policy Act guidelines › Section 296-07-110 - Consideration of economic values

Current through Register Vol. 24-14, July 15, 2024
In promulgating rules in compliance with the SEPA guidelines
				and any environmental, social, health, safety, or other standards connected
				therewith, the department shall, pursuant to chapter 117, Laws of 1975-'76 2nd
				ex. sess., give appropriate consideration to economic values along with such
				other considerations.
Order 76-16, § 296-07-110, filed
				  5/20/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-14 - Industrial insurance › Section 296-14-100 - Definition of voluntary retirement

Current through Register Vol. 24-14, July 15, 2024
(1)
What is voluntarily retired?
The worker is considered voluntarily
			 retired if both of the following conditions are met:
(a) The worker is not receiving income,
			 salary or wages from any gainful employment; and
(b) The worker has provided no evidence to
			 show a bonafide attempt to return to work after retirement.
Time-loss compensation is not paid to workers who voluntarily
				retired from the work force.
(c) Payment of union dues or medical or life
			 insurance premiums does not constitute attachment to the work force.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-14 - Industrial insurance › Section 296-14-150 - Definition of gainful employment for wage

Current through Register Vol. 24-14, July 15, 2024
Gainful employment for wages for the purposes of
				RCW
				 51.32.160 shall mean performing work at any
				regular gainful occupation for income, salary or wages.
Statutory Authority:
				  RCW
				  51.32.060,
				  51.32.090,
				  51.32.160, 51.21.220(6)
				  [51.32.220(6)] and 51.32.240 (1), (2) or (3). 86-18-036 (Order 86-33), §
				  296-14-150, filed 8/28/86.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-14 - Industrial insurance › Section 296-14-200 - Waiver of recovery for worker compensation benefits overpayments

Current through Register Vol. 24-14, July 15, 2024
Whenever the director determines whether to exercise the
				discretion granted by
				RCW
				 51.32.240(1), (2) or (3)  or
				51.32.220(6) the
				following shall apply:
(1) The
			 decision of the director shall apply to the state fund or to the self-insurer,
			 as the case may be.
(2) In the case
			 of recoupment of an overpayment from any future payments, the director will
			 entertain a request to exercise his or her discretion to waive recovery up to
			 sixty days after communication of the order and/or notice to the recipient that
			 benefits are being withheld to satisfy the previous overpayment.
(3) A finding by the director that recovery
			 of an overpayment would be against equity and good conscience shall be required
			 before the overpayment can be waived in whole or in part. The director shall
			 consider the following factors and any other factors relevant to the particular
			 case:
(a) Whether the claimant was without
			 fault in applying for and accepting benefits which gave rise to the
			 overpayment;
(b) Whether recovery
			 of the overpayment, in whole or in part, would defeat the purposes of
			 Title
			 51 RCW;
(c) Whether the claimant reasonably relied
			 upon the benefits, or notice that such benefits would be paid and relinquished
			 a valuable right or changed his or her position for the worse;
(d) Whether the claimant reasonably relied
			 upon misinformation from an official source (i.e., a representative of the
			 department or self-insurer, as the case may be) in accepting the benefit
			 payment which gave rise to the overpayment.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-14 - Industrial insurance › Section 296-14-300 - Mental condition/mental disabilities

Current through Register Vol. 24-14, July 15, 2024
(1) Claims based on
			 mental conditions or mental disabilities caused by stress do not fall within
			 the definition of an occupational disease.
Examples of mental conditions or mental disabilities caused by
				stress that do not fall within occupational disease shall include, but are not
				limited to, those conditions and disabilities resulting from:
(a) Change of employment duties;
(b) Conflicts with a supervisor;
(c) Actual or perceived threat of loss of a
			 job, demotion, or disciplinary action;
(d) Relationships with supervisors,
			 coworkers, or the public;
(e)
			 Specific or general job dissatisfaction;
(f) Work load pressures;
(g) Subjective perceptions of employment
			 conditions or environment;
(h) Loss
			 of job or demotion for whatever reason;
(i) Fear of exposure to chemicals, radiation
			 biohazards, or other perceived hazards;
(j) Objective or subjective stresses of
			 employment;
(k) Personnel
			 decisions;
(l) Actual, perceived,
			 or anticipated financial reversals or difficulties occurring to the businesses
			 of self-employed individuals or corporate officers.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-14 - Industrial insurance › Section 296-14-310 - When does a presumption of occupational disease for certain members of firefighters' and law enforcement officers' retirement systems apply?

Current through Register Vol. 24-14, July 15, 2024
RCW
				 51.32.185 specifies a presumption that
				certain medical conditions are occupational diseases. A presumption of
				occupational disease applies to firefighters and emergency medical technicians
				(EMTs) as defined in
				RCW  41.26.030(17)(a), (b),
				(c), and (h)  and fire investigators. The
				presumption also applies to law enforcement officers as defined in
				RCW  41.26.030(19)(b), (c),
				and (e).
(1) For firefighters and EMTs those
			 conditions are heart problems experienced within seventy-two hours of exposure
			 to smoke, fumes, or toxic substances; or experienced within twenty-four hours
			 of strenuous physical exertion due to firefighting activities; respiratory
			 disease; specific cancers; infectious diseases; and posttraumatic stress
			 disorder (PTSD).
(2) For fire
			 investigators those conditions are heart problems experienced within
			 seventy-two hours of exposure to smoke, fumes, or toxic substances, or
			 experienced within twenty-four hours of strenuous physical exertion due to
			 firefighting activities; respiratory disease; specific cancers; and infectious
			 diseases.
(3) For law enforcement
			 officers those conditions are heart problems experienced within seventy-two
			 hours of exposure to smoke, fumes, or toxic substances, or experienced within
			 twenty-four hours of strenuous physical exertion in the line of duty;
			 infectious diseases; and PTSD.
(4)
			 The presumption extends to covered members after the last date of employment
			 for a period of three calendar months for each year of service. The presumption
			 may not extend more than sixty months after the last date of
			 employment.
(5) For consideration
			 of a PTSD presumption, the active or former firefighter or law enforcement
			 officer must work on or after July 7, 2018, and serve at least ten years before
			 the PTSD develops.
(6) For
			 consideration of a cancer presumption, the active or former firefighter or fire
			 investigator must serve at least ten years before the cancer
			 develops.
(7) For claims filed on
			 or after July 1, 2003, the presumption may not apply to heart or lung
			 conditions for users of tobacco products.
(8) When the presumption does not apply, the
			 claim is not automatically denied. However, the burden is on the worker to
			 prove that the condition is otherwise allowable as an injury or occupational
			 disease.
Statutory Authority:
				  RCW
				   51.04.020,
				  51.32.185. 03-12-046, §
				  296-14-310, filed 5/30/03, effective
				  7/1/03.