2SHB 1079 - H AMD 080 ADOPTED 3-3-97

By Representative Cooke

On page 16, line 30, after A(4)@ insert the following:

A(a) Participants placed in community service or work programs established pursuant to this chapter may not be assigned to a community service or work program position if;

(i) Any other individual is on layoff from the same or any substantially equivalent job;

(ii) The employer has terminated the employment of any regular employee or otherwise reduced its workforce in order to fill the vacancy so created with a participant of a community service or work program established pursuant to this chapter; or

(iii) Such assignment displaces or partially displaces current employees.

(b)Participants of a community service or work program established pursuant to this chapter shall be considered employees solely for the purposes of chapter 49.17 RCW, the purposes of subsection (c) of this section, and for the purposes of subsection (d) of this section.

(c) All private and public entities participating in a community service program or a work program established pursuant to this chapter shall enter into an agreement with the department which contains the following requirements:

(i) That paid work program positions established under this chapter meet the requirements of chapter 49.46 RCW;

(ii) That the community service and unpaid work program positions shall not require work in excess of forty hours per week;

(iii) That the conditions of work for participants of a work program or community service program will comply with the requirements of chapter 49.17 RCW;

(iv) That an entity=s participation in a community service program or work program established under this chapter shall not diminish or result in the infringement of the obligations of any applicable collective bargaining statute, agreement, or contract for services;

(v) That wages shall be paid at the usual and customary rate of comparable jobs and may include a training wage if permitted by applicable federal statutes and regulations;

(vi) That the participants in a work program or community service program shall not be denied their rights under collective bargaining statutes; and

(vii) That the department may rescind an agreement with an entity if it finds that the entity is not complying with the requirements of this section.

Among the factors the department may use to determine whether to enter into an agreement with a private or public entity, the department shall evaluate whether the entity is in compliance with the requirements of this section and is likely to remain in compliance with the requirements of this section. If the department finds that a private or public entity that has entered into an agreement with the department to provide work or community service opportunities is not complying with the requirements of this section, the department shall take action to ensure compliance, or, with good cause, rescind the agreement.

(d) Participants in a community service or work program established pursuant to this chapter are deemed workers for the purposes of workers= compensation coverage under Title 51 RCW. The department shall reimburse entities who have entered into agreements with the department to provide work opportunities under this chapter for the premiums or assessments that they have paid under Title 51 RCW on behalf of program participants. Department reimbursement to entities that pay a wage to the participants of a work program established by this chapter shall be limited to the first six months of a participant=s employment by the entity.

(e) For the purposes of this section, Awork program@ does not include job search, vocational training, education, or job readiness programs.

(5)@