WSR 04-13-188

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 23, 2004, 11:38 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: New sections WAC 357-34-005 What is the purpose of this chapter?, 357-34-010 Who is responsible for employee training and development?, 357-34-015 What are the employer's training and development responsibilities?, 357-34-020 Can employers require employees to attend training?, 357-34-025 What are the director's training and development responsibilities?, 357-34-030 What are the requirements for the employer's training and development plan?, 357-34-035 Can an employee get a copy of the employer's training and development plan?, 357-34-045 Are employers required to provide release time for non-required training?, 357-34-050 Can an employee be given an assignment for career development purposes?, 357-34-060 What administrative requirements must be met for the employee to satisfy the training required by WAC 357-34-055?, 357-34-065 What must be included in the required supervisory or managerial training?, and 357-34-090 Who provides the required supervisory or managerial training?

Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00 a.m.

Date of Intended Adoption: July 29, 2004.

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 23, 2004.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules address employee training and development for state employees.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding training and development for most state employees. The proposed rules implement this provision of the Personnel System Reform Act.

Name of Proponent: Department of Personnel, governmental.

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

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

A cost-benefit analysis is not required under RCW 34.05.328.

June 23, 2004

E. C. Matt

Director


NEW SECTION
WAC 357-34-005   What is the purpose of this chapter?   The purpose of Chapter 357-34 WAC, the employee training and development rules, is to:

(1) Establish rules which support employees in developing occupational and professional skills, and

(2) Assign responsibilities for providing training and development for employees.

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NEW SECTION
WAC 357-34-010   Who is responsible for employee training and development?   Employers, employees, and the department share the responsibility for employee training and development.

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NEW SECTION
WAC 357-34-015   What are the employer's training and development responsibilities?   Each employer is responsible for:

(1) Developing a training and development plan as prescribed by WAC 357-34-030; and

(2) Providing employee orientation, required job-related training, and assistance with career planning.

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NEW SECTION
WAC 357-34-020   Can employers require employees to attend training?   Employers may require employees to attend training that is job-related, meets an identified employer need, and/or is required by state or federal law. Required attendance during and/or outside of working hours is considered time worked and must be compensated in accordance with the civil service rules.

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NEW SECTION
WAC 357-34-025   What are the director's training and development responsibilities?   The director is responsible for supporting employee training and development by:

(1) Providing training which is interagency and/or public sector in scope;

(2) Consulting with employers about their employee training and development activities, upon request;

(3) Providing guidelines for employee training and development planning and evaluation;

(4) Promoting interagency collaboration and sharing of resources and/or support services for training and career development; and

(5) Providing for the evaluation of training and career development programs and plans based on the minimum standards established in WAC 357-34-030.

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NEW SECTION
WAC 357-34-030   What are the requirements for the employer's training and development plan?   (1) The employer's training and development plan must be based on an assessment of the organization's employee training and development needs. The director or department may provide assistance to the employer in assessing the organization's need.

(2) The employer's training and development plan must state the employer's policies and objectives for employee training and development. The policies must address, at a minimum, the following:

(a) Identification of the position(s) responsible for employee training and development;

(b) Criteria for employee eligibility;

(c) Criteria for determining employees' work status while participating in employee training and development activities;

(d) Criteria for educational leave;

(e) Tuition reimbursement or fee waiver policy;

(f) Mandated training in accordance with state and federal regulations;

(g) Entry-level management/supervisory training;

(h) Assessment of employee training and development needs;

(i) Evaluation of the training and development programs; and

(j) Assignments for career development as described in WAC 357-34-050 and approval of such assignments by the employer's human resources office.

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NEW SECTION
WAC 357-34-035   Can an employee get a copy of the employer's training and development plan?   Copies of the training and development plan must be made available to employees upon request.

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NEW SECTION
WAC 357-34-045   Are employers required to provide release time for non-required training?   Employers may release employees from work without a loss in pay to participate in non-required training.

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NEW SECTION
WAC 357-34-050   Can an employee be given an assignment for career development purposes?   (1) Employers may make the following planned training assignments for employee career development without incurring reallocation or compensation obligations:

(a) Performance of responsibilities outside the current job class on a time-limited basis.

(b) Intra-agency or interagency rotational or special project assignments.

(2) The employee and the employer(s) shall mutually agree in writing, including time limits, to assignments identified in (1)(a) and (b) of this section.

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NEW SECTION
WAC 357-34-060   What administrative requirements must be met for the employee to satisfy the training required by WAC 357-34-055?   For an employee to satisfy the entry-level supervisory or managerial training required by WAC 357-34-055, all of the following requirements must be met:

(1) The training program must include at least twenty-four (24) hours of instruction.

(2) The training must have occurred in the last five years.

(3) The program must be sponsored by a state agency, post-secondary educational institution, vocational school, or professional organization.

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NEW SECTION
WAC 357-34-065   What must be included in the required supervisory or managerial training?   At a minimum, the entry-level supervisory or managerial training required by WAC 357-34-055 must include all of the following topics:

(1) The role and legal responsibilities of a supervisor/manager.

(2) Performance management, including employee performance evaluation, development, counseling or coaching, and discipline.

(3) Employee motivation, recognition, and rewards.

(4) Communication skills and principles.

(5) Leadership styles and methods.

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NEW SECTION
WAC 357-34-090   Who provides the required supervisory or managerial training?   The department provides training activities to fulfill the requirement in WAC 357-34-055 and/or consultative services, as requested, to assist the employers to develop their own programs. Employer-developed training must satisfy the requirements of WAC 357-34-060 and WAC 357-34-065.

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