PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF CORRECTIONS
[Filed August 2, 2019, 9:28 a.m.]
Subject of Possible Rule Making: Chapter 137-80 WAC, Correctional industries and programs.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 72.01.090
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To rebalance stakeholders' concerns regarding the assumption of liability for incarcerated individuals' worker injury claims with stakeholders' stated need for the low cost services provided by those same incarcerated individuals while adhering to the agency's fundamental responsibility for the safety and security of the public.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: In 2015 revisions to this rule were closely coordinated with the Washington state department of labor and industries (L&I). L&I is aware that portions of the revised rule, implemented January 1, 2016, created difficulty for some recipients of work crew services. L&I has expressed to the department of corrections (DOC) that it is able to support DOC's position regarding liability either way and has asked to be notified by DOC of any changes made to the current WAC.
Process for Developing New Rule: Pilot rule making; and DOC implemented revisions to chapter 137-80 WAC, effective January 1, 2016. Some previous recipients of worker services did not contract for continued services under the revised WAC. DOC implemented a pilot program to see if certain changes would result in use of services by recipients who had ceased to utilize work crew programs. In only a few cases did the changes result in new agreements with previous recipients. Nevertheless, DOC, in an effort to satisfy all recipients of work crew services, is adopting changes from the pilot program into chapter 137-80 WAC.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jennifer Williams, Rules Coordinator, DOC, Contracts and Legal Affairs, P.O. Box 41114, Olympia, WA 98504-1114, phone 360-725-8364, email Jennifer.email@example.com.
August 2, 2019
Stephen D. Sinclair