WSR 15-14-105 PROPOSED RULES DEPARTMENT OF EARLY LEARNING [Filed June 30, 2015, 12:42 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-05-007.
Title of Rule and Other Identifying Information: WAC 170-295-1070 What continuing state training and registry system (STARS) training is required for child care center staff?, 170-295-1080 What topics must my new staff orientation include?, 170-295-1090 What kind of meetings or ongoing training must I provide my staff?, 170-295-3010 What kind of health policies and procedures must I have?, 170-295-4100 What sleep equipment do I need for infants?, 170-295-4110 What additional sleeping arrangements must I make to reduce the risk of sudden infant death syndrome (SIDS)?, and 170-295-7050 What personnel records and policies must I have?
Hearing Location(s): Department of Early Learning (DEL), Olympia Office, 1110 Jefferson Street S.E., Olympia, WA 98501, on August 5, 2015, at 12 p.m.
Date of Intended Adoption: Not earlier than August 5, 2015.
Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, e-mail rules@del.wa.gov, fax (360) 586-0533, by August 5, 2015.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by July 22, 2015, (360) 725-4523.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update health and safety standards relating to safe sleep practices for infants napping or sleeping in licensed child care settings.
Reasons Supporting Proposal: Rule making is needed to update licensing rules pertaining to safe sleep practices in order to reduce sleep related incidents in licensed child care settings.
Statute Being Implemented: Chapter 43.215 RCW.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Mary Kay Quinlan, Licensing Administrator, DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 407-1953; Implementation and Enforcement: DEL licensing offices, statewide.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.
June 30, 2015
Heather Moss
Deputy Director
AMENDATORY SECTION (Amending WSR 13-15-155, filed 7/23/13, effective 8/23/13)
WAC 170-295-1070 What continuing state training and registry system (STARS) training is required for child care center staff?
(1) The director, program supervisor and lead teachers must complete ten clock hours or one college credit of continuing education yearly after completing the initial training required in WAC 170-295-1010.
(2) The director and program supervisor must have five of the ten hours in program management and administration for the first two years in their respective positions. Each additional year, three of the ten hours required must be in program management and administration.
(3) The continuing education must include department approved annual infant safe sleep training when licensed to care for infants.
(4) The continuing education must be delivered by a state-approved trainer, or consist of training that has been department-approved through MERIT.
AMENDATORY SECTION (Amending WSR 13-21-109, filed 10/22/13, effective 11/22/13)
WAC 170-295-1080 What topics must my new staff orientation include?
You must have an orientation system in place to train each new employee and volunteer about program policies, practices, philosophies and goals. This training must include, but is not limited to, the program policies and practices listed in this chapter such as:
(1) Minimum licensing requirements;
(2) Planned daily activities and routines;
(3) Child guidance and behavior management methods;
(4) Child abuse and neglect prevention, detection, and reporting policies and procedures;
(5) Health policies and procedures;
(6) Contagious disease recognition and prevention;
(7) Bloodborne pathogens;
(8) Fire prevention, disaster plan and safety procedures;
(9) Special health and developmental needs of the individual child;
(10) Infant safe sleep practices when licensed to care for infants;
(11) Personnel policies, when applicable;
(((11))) (12) Limited restraint techniques;
(((12))) (13) Cultural relevancy; and
(((13))) (14) Age and developmentally appropriate practices and expectations for the age group the staff will work with.
AMENDATORY SECTION (Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)
WAC 170-295-1090 What kind of meetings or ongoing training must I provide my staff?
(1) You must provide or arrange for staff meetings and training opportunities for the child care staff at least quarterly; and
(2) At a minimum, your staff and volunteers must have ongoing training when there are changes:
(a) In your policies and procedures;
(b) In the equipment that you use;
(c) In the types of services you provide; or
(d) To health care plans for specific children.
(3) Annual infant safe sleep training approved by the department must be provided when licensed to care for infants.
AMENDATORY SECTION (Amending WSR 13-21-109, filed 10/22/13, effective 11/22/13)
WAC 170-295-3010 What kind of health policies and procedures must I have?
(1) You must have written health policies and procedures that are:
(a) Written in a clear and easily understood manner;
(b) Shared with all new staff during orientation;
(c) Posted for staff and families to review; and
(d) Reviewed, signed and dated by a physician, a physician's assistant or registered nurse when you change your policies and procedures or type of care that you provide, or at least every three years when you are due for relicensing. (For example, if you go from caring for children from twelve months and older to caring for infants, you must update your health policies and procedures and have them reviewed and signed.)
(2) Your health policies and procedures must have information on how you plan to:
(a) Provide general cleaning of areas including, but not limited to, bathrooms, floors, walls, and doorknobs;
(b) Clean and sanitize areas including, but not limited to, food contact surfaces, kitchen equipment, diapering areas, toys, toileting equipment and areas, equipment that might be shared with several children such as sleep mats, cribs or high chairs;
(c) Prevent, manage and report contagious diseases;
(d) Handle minor injuries such as nosebleeds, scrapes and bruises;
(e) Provide first aid;
(f) Screen children daily for illnesses;
(g) Notify parents that children have been exposed to infectious diseases and parasites;
(h) Handle minor illnesses;
(i) Handle major injuries and medical emergencies that require emergency medical treatment or hospitalization;
(j) Manage medication;
(k) Assist with handwashing and general hygiene including diapering and toileting;
(l) Handle food;
(m) Provide nutritious meals and snacks;
(n) Respond during any disasters;
(o) Care for children that may have special needs;
(p) Care for infants and obtain infant nurse consultation (if licensed for four or more infants); and
(q) ((Place infants to sleep on their backs to reduce the risk of sudden infant death syndrome (SIDS).)) Follow the infant safe sleep practices in WAC 170-295-4110.
(3) Your health policies and procedures must have information on when you plan to:
(a) Require ill children to stay home and for how long;
(b) Allow the ill child to return; and
(c) Call a parent to pick up their child and how you will care for the child until the parent arrives.
AMENDATORY SECTION (Amending WSR 12-22-023, filed 10/30/12, effective 11/30/12)
WAC 170-295-4100 What sleep equipment do I need for infants?
(1) You must not put infants to sleep in infant ((or)) swings, car seats, or similar equipment.
(2) You must provide each infant with a single-level crib (stacking cribs must not be used), infant bed, bassinet or playpen for napping until you and the parent agree that the child can safely use a mat, cot or other approved sleeping equipment.
(3) ((Effective December 28, 2012, each crib in use in licensed child care must meet U.S. Consumer Product Safety Commission (CPSC) requirements for full size cribs as defined in 16 Code of Federal Regulations (C.F.R.) 1219, or nonfull size cribs as defined in 16 C.F.R. 1220.
(a) A crib meets the requirements of this subsection if the crib is labeled by the manufacturer as made on or after June 28, 2011.
(b) A crib labeled as made from July 1, 2010, through June 27, 2011, may meet the requirements of this subsection if the licensee has obtained a certificate of compliance from the crib manufacturer or importer, or the licensee has other documentation from the manufacturer that the crib is certified as meeting the CPSC regulations.
(c) Any crib that does not meet the requirements of subsection (a) or (b) of this subsection must be removed from the child care facility not later than December 28, 2012.
(d) The licensee must keep in the licensed space a log documenting that each crib in use meets the requirements of this section.
(4))) You must provide a crib, infant bed, playpen or bassinet mattress that is:
(a) Snug fitting and touches each side of the crib to prevent the infant from becoming entrapped between the mattress and crib side rails;
(b) Waterproof; and
(c) Easily cleaned and sanitized, without tears or tape.
(((5))) (4) To allow walking room between cribs and reduce the spread of germs you must:
(a) Space cribs a minimum of thirty inches apart. You may place cribs end to end if you provide a barrier. If you use barriers, staff must be able to observe and have immediate access to each child.
(b) Provide a moisture resistant and easily cleanable solid barrier on the side or end adjacent to another crib.
(((6))) (5) You must provide:
(a) An appropriate fitting sheet or cover for the sleeping surface; and
(b) A clean light weight blanket or suitable cover for the child.
(((7))) (6) You must launder bedding at least weekly and more often if it becomes soiled.
(7) Effective December 28, 2012, each crib in use in licensed child care must meet U.S. Consumer Product Safety Commission (CPSC) requirements for full size cribs as defined in 16 Code of Federal Regulations (C.F.R.) 1219, or nonfull size cribs as defined in 16 C.F.R. 1220.
(a) A crib meets the requirements of this subsection if the crib is labeled by the manufacturer as made on or after June 28, 2011.
(b) A crib labeled as made from July 1, 2010 through June 27, 2011, may meet the requirements of this subsection if the licensee has obtained a certificate of compliance from the crib manufacturer or importer, or the licensee has other documentation from the manufacturer that the crib is certified as meeting the CPSC regulations.
(c) Any crib that does not meet the requirements of (a) or (b) of this subsection must be removed from the child care facility not later than December 28, 2012.
(d) The licensee must keep in the licensed space a log documenting that each crib in use meets the requirements of this section.
AMENDATORY SECTION (Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)
WAC 170-295-4110 What ((additional sleeping arrangements must I make to reduce the risk of sudden infant death syndrome (SIDS))) are infant safe sleep practices?
(((1) You must put infants to sleep on their backs to reduce the risk of SIDS unless you have a written note in the infant's file from both the parent and the infant's health care provider requesting another sleeping position.
(2) Once infants are able to turn over, continue to place them on their back to sleep. You do not need to wake the infants to return them to their back while sleeping.)) (1) Infant safe sleep practices must be followed when infants are napping or sleeping. The staff must:
(a) Place an infant to sleep on his or her back. If the infant has turned over while sleeping, the infant does not need to be returned to his or her back;
(b) Place an infant in sleeping equipment consistent with WAC 170-295-4100;
(c) Not allow blankets, stuffed toys, pillows, crib bumpers and similar items in the infant sleeping equipment, or allow a blanket to cover or drape over the sleeping equipment;
(d) Not cover an infant's head and face during sleep;
(e) Take steps so infants do not get too warm during sleep with the infant's arms free; and
(f) Not place the infant in another sleeping position other than on their back, or use a sleep positioning device unless required by a written directive or medical order from the infant's health care provider. This directive or medical order must be in the infant's file.
(2) The staff must:
(a) Complete annual infant safe sleep training as required in WAC 170-295-1090; and
(b) Document annual infant safe sleep training for all staff and volunteers as required in WAC 170-295-7050.
(3) When the department finds the licensee in violation of infant safe sleep practices, the licensee must:
(a) Post the notice of violation in the licensed space as required by RCW 43.215.525 (1)(c); and
(b) Within five working days of receiving notice of the violation, provide the parents and guardians of enrolled children with:
(i) A letter describing the safe sleep violation; and
(ii) Written information on safe sleep practices for infants.
AMENDATORY SECTION (Amending WSR 08-10-041, filed 4/30/08, effective 5/31/08)
WAC 170-295-7050 What personnel records and policies must I have?
(1) Each employee and volunteer who has unsupervised access to a child in care must complete the following forms on or before their date of hire:
(a) An application for employment on a form prescribed by us, or on a comparable form approved by the department; and
(b) A background check form.
(2) You must submit the background check form to us within seven calendar days of the employee's first day of work. The form authorizes a criminal history background inquiry for that person.
(3) Until the background check results are returned and show the employee to not be disqualified, you must not leave the employee unsupervised with the children.
(4) We discuss the information on the background check form with you, the director, or other person responsible for the operation of the center, such as a human resources professional, if applicable.
(5) If you employ five or more people you must have written personnel policies. These policies must describe staff benefits, if any, and duties and qualifications of staff.
(6) You must maintain a system of record keeping for personnel. In addition to the other requirements in this chapter, you must keep the following information on file on the premises for yourself, each staff person and volunteer:
(a) An employment application, including work and education history;
(b) Documentation that a background check form was submitted;
(c) A copy of the department notification of background clearance authorization;
(d) Written documentation of trainings and meetings such as but not limited to:
(i) Orientation;
(ii) ((On-going)) Ongoing trainings to include infant safe sleep training when licensed to care for infants;
(iii) Bloodborne pathogen training (including HIV/AIDS);
(iv) CPR/first aid;
(v) Food handler's cards (if applicable);
(vi) STARS;
(vii) Staff meetings; and
(viii) Child abuse and neglect.
(e) Documentation of the results of tuberculosis (TB) testing by the Mantoux skin test prior to starting work.
(7) You must keep the following information on file for the owner of the facility:
(a) If the center is solely owned by you:
(i) A photocopy of your Social Security card that is valid for employment or verification of your employer identification number (EIN); and
(ii) A photocopy of your photo identification issued by a government entity.
(b) If the center is owned by a corporation, verification of the corporation's EIN.
(8) Training documentation must include a certificate, card, or form with a copy placed in each individual employees file that contains the:
(a) Topic presented;
(b) Number of clock hours;
(c) Date and names of persons attending; and
(d) Signature and organization of the person conducting the training.
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