WSR 02-19-063

PERMANENT RULES

PERSONNEL RESOURCES BOARD


[ Filed September 12, 2002, 3:29 p.m. , effective November 1, 2002 ]

Date of Adoption: September 12, 2002.

Purpose: This rule pertains to standby compensation and requirements. The modification to the rule is to clarify the questionable and inaccurate language.

Citation of Existing Rules Affected by this Order: Amending WAC 356-15-080.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 02-16-035 on July 29, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: November 1, 2002.

September 12, 2002

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 91-20-027 (Order 381), filed 9/23/91, effective 10/24/01 [10/24/91])

WAC 356-15-080   Standby compensation.   (1) Requirements:

(a) An employee is in standby status ((when not being paid for time actually worked)) while waiting to be engaged to work by the employer and both of the following conditions exist:

(i) The employee is required to be present at a specified location or is immediately available to be contacted. The location may be the employee's home or other specific location, but not a work site away from home. When the standby location is the employee's home, and the home is on the same state property where the employee works, the home is not considered a work site.

(ii) The agency requires the employee to be prepared to report immediately for work if the need arises, although the need might not arise.

Note: When the nature of a duty station confines an employee during off duty hours (e.g., a ship), and that confinement is a normal condition of work in the employee's position, standby compensation is not required merely because the employee is confined.


(b) An agency may issue a written policy stating that an employee is in standby status ((when not being paid for time worked)) while waiting to be engaged to work when required to leave a telephone number with the agency or remain in communication with a dispatching authority to respond to a call to begin work in a specified time limit.

(c) Standby status shall not be concurrent with work time.

(2) Payment: Any scheduled or nonscheduled work period employee required to stand by shall be paid the hourly standby rate. Standby pay may be authorized by an agency for exceptions work period employees. Standby pay for exceptions work period employees may be compensated with exchange time. ((Exceptions work period employee standby may be compensated with compensatory time. The compensatory time shall be equal in base salary to the dollar amount of standby pay earned.))

(3) Rate: The standby hourly rate for each step of any range is calculated by dividing the maximum number of standby hours in a workweek (128 hours) into the difference between that step of the range and the same letter step of the range which is exactly two whole numbers higher. That is: (28 - 26, or 28.3 - 26.3) divided by 128 hours.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-027 (Order 381), 356-15-080, filed 9/23/91, effective 10/24/91; 91-03-069 (Order 367), 356-15-080, filed 1/16/91, effective 7/1/91. Statutory Authority: RCW 41.06.150. 87-15-065 (Order 281), 356-15-080, filed 7/16/87, effective 9/1/87; 86-12-025 (Order 248), 356-15-080, filed 5/28/86, effective 7/1/86. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-15-080, filed 10/26/82; 81-20-060 (Order 161), 356-15-080, filed 10/5/81; Order 98, 356-15-080, filed 1/13/77, effective 2/13/77; Order 86, 356-15-080, filed 5/4/76, effective 10/1/76.*]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office