WSR 04-12-087

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed June 2, 2004, 10:49 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 357-34-055 Are employees appointed to a supervisory or management position required to complete any special supervisory or managerial training?, 357-34-070 When must employees appointed to supervisory or management positions be enrolled in the required training?, 357-34-075 Under what circumstances may the employer waive the requirement for an employee to complete supervisory or managerial training?, 357-34-080 What are an employer's obligations if it waives the required supervisory or managerial training?, and 357-34-085 Who is responsible for designating positions as supervisor or management positions for the purpose of identifying which positions are covered by the training requirement?

Purpose: These rules pertain to the supervisory or management training for classified state employees.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: The proposed rules specify the training requirement for employees appointed to supervisory and managerial positions in accordance with RCW 41.06.420.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These rules pertain to supervisory or management training for classified state employees. These rules address training requirements for supervisors and managers.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 8, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 2, 2004, TDD (360) 753-4107 or (360) 586-8260.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 2, 2004.

Date of Intended Adoption: July 8, 2004.

June 2, 2004

E. C. Matt

Secretary


NEW SECTION
WAC 357-34-055   Are employees appointed to a supervisory or management position required to complete any special supervisory or managerial training?   Employers must require employees appointed to a supervisory or management position to successfully complete entry-level supervisory or managerial training. (See WAC 357-34-075 for exceptions to this requirement).

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NEW SECTION
WAC 357-34-070   When must employees appointed to supervisory or management positions be enrolled in the required training?   Employees appointed to a supervisory or management position must be enrolled in the required training within six (6) months of the date of their appointment, or if a program is not available, as soon as possible after it becomes available. When training opportunities are available, the employer may suspend the entry-level training requirement for up to a maximum of an additional six (6) months in cases where the ability of the employer to perform its responsibilities would be adversely affected by the absence of the employee from the work site.

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NEW SECTION
WAC 357-34-075   Under what circumstances may the employer waive the requirement for an employee to complete supervisory or managerial training?   The employer may waive the requirement for entry-level supervisory or managerial training in cases where:

(1) The employee has occupied a designated supervisory or management position for at least one year before the present appointment and has demonstrated experience and competence as a substitute for training; or

(2) The employee can demonstrate that before this appointment the employee completed training that satisfies the requirements of WAC 357-34-060 and WAC 357-34-065.

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NEW SECTION
WAC 357-34-080   What are an employer's obligations if it waives the required supervisory or managerial training?   If an employer waives the entry-level supervisory or management training required for an employee, the employer must advise the employee in writing of the waiver to this training. The record of such waiver must be placed in the employee's personnel file and must be reported following procedures outlined by the department.

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NEW SECTION
WAC 357-34-085   Who is responsible for designating positions as supervisor or management positions for the purpose of identifying which positions are covered by the training requirement?   For purposes of WAC 357-34-055, each employer must designate individual positions, or groups of positions, as being supervisor or management positions. The employer's designations are subject to review by the director.

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