WSR 09-03-095

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed January 20, 2009, 4:41 p.m. ]

In accordance with RCW 34.05.230(12), following are the policy and interpretive statements issued by the department.

If you have any questions or need additional information, please call Josh Swanson at (360) 902-6805.

Insurance Services: Claims Administration, Self-Insurance, and Crime Victims

Amended Interim Policy: 6.70 Authorizing Job Modifications

Interim Policy 6.70 is changed from a permanent policy to an interim policy and updated for clarity. The following new information is added: The interim policy includes eligibility criteria from the February 1, 2008, management update, Job Modification Benefit. Modifications completed prior to approval will be considered on a case-by-case basis. Two vendor bids are required if a proposed item costs $2,500 or more. This is an increase from $1,500. An exception has been added that the claim manager may select the higher bid on a case-by-case basis.

Contact Nancy James, P.O. Box 44208, Olympia, WA 98504-4450, phone (360) 902-4379, e-mail jamn235@lni.wa.gov.


Insurance Services: Claims Administration, Self-Insurance, and Crime Victims

Amended Interim Policy: 6.71 Authorizing Pre-Job Accommodations

Interim Policy 6.71 is changed from a permanent policy to an interim policy and updated for clarity. The following new information is added: The prejob accommodation benefit is not available if the worker chooses Option 2. Modifications completed prior to approval will be considered on a case-by-case basis. An exception has been added that requests for computers will be considered on a case-by-case basis. Two vendor bids are required if a proposed item costs $2,500 or more. This is an increase from $1,500.

An exception has been added that the claim manager may select the higher bid on a case-by-case basis. If equipment is lost or stolen while L&I is the owner, the adjudicator may consider authorizing replacement under certain conditions.

Contact Nancy James, P.O. Box 44208, Olympia, WA 98504-4450, phone (360) 902-4379, e-mail jamn235@lni.wa.gov.


Specialty Compliance Services: Employment Standards

New Policy ES.C.11 WAC 296-123-030, chapter 49.12 RCW, Process Protocol for Work-Based Learning Student Variance

Employers who partner with school-based work experience for high school student[s] under the age of eighteen may voluntarily submit to the department of labor and industries (L&I) for its review, the feasibility for and approval of a work-based learning student variance for work activities prohibited under the Washington state child labor regulations that do not conflict with the child labor regulations administered by the United States Department of Labor under the Fair Labor Standards Act (FLSA), Part 570 of Title 29 of the Code of Federal Regulations.

This protocol establishes a process for submitting requests for review and evaluation that will provide positive learning experiences for students without jeopardizing their safety and ensuring that the employer is in compliance with the United States Department of Labor child labor regulations, and Washington state child labor and health and safety regulations. L&I can only grant a variance consistent with the student learner and apprentice exemptions to the federal child labor regulations. Subpart E and E-1 of Part 570 of Title 29 of the Code of Federal Regulations.

Contact Sally Elliott, P.O. Box 44400, Olympia, WA 98504-4440, phone (360) 902-6411, e-mail yous235@lni.wa.gov.

Josh Swanson

Washington State Code Reviser's Office