WSR 98-09-093
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)
[Filed April 21, 1998, 3:56 p.m.]
Subject of Possible Rule Making: Revisions to WAC 440-26-010, 440-26-210, and 440-26-215 (and related sections) to provide employers with large numbers of short-term employees, increased incentive to apply for drug-free workplace discount program certification.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.82.130.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 440-26-210 requires employers to obtain (and pay for) a preemployment drug test every time a new employee comes on the payroll. This provides a financial disincentive for employers who hire employees for short terms, such as those engaged in construction, to apply for certification as a drug-free workplace. Adopting this provision would encourage additional employers to implement drug-free workplace programs, and, through them, would provide increased opportunity for rehabilitation for employees who might not otherwise be afforded this opportunity.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington Department of Labor and Industries (L&I) cooperates with the Department of Social and Health Services in the administration of this program. Several representatives of L&I participate in stakeholder committee activities considering this revision.
Process for Developing New Rule: Meet with stakeholder committee made up of affected constituencies: Agencies, organizations (business and professional), consumers, etc. The Department of Social and Health Services welcomes the public to take part in developing these rules. Anyone interested in participating should contact the staff person indicated below. After the rules are drafted, the Department of Social and Health Services will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and send a copy to everyone currently on the mailing list and anyone else who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Henry Govert, Drug-free Workplace Specialist, Division of Alcohol and Substance Abuse, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 438-8092, FAX (360) 438-8078.
April 17, 1998
Edith M. Rice, Chief
Office of Legal Affairs