WSR 02-20-073

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 30, 2002, 12:01 p.m. , effective October 1, 2002 ]

Date of Adoption: September 27, 2002.

Purpose: The Division of Employment and Assistance Programs is adopting this rule to expand placement opportunities for WorkFirst participants in the community jobs program and simplify the language. The amended rule is WAC 388-310-1300 WorkFirst -- Community jobs.

Citation of Existing Rules Affected by this Order: Amending WAC 388-310-1300.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.08A.330, and 74.08A.320.

Adopted under notice filed as WSR 02-08-058 on April 1, 2002.

Changes Other than Editing from Proposed to Adopted Version: The following changes were made from the supplemental proposed rule to the adopted rule as a result of comments received: Deleted proposed text is struck through; new text is underlined.

WAC 388-310-1300:


Subsection (1): "The community jobs program is a paid work experience that helps you assists you gain work skills and experience. You are placed in a community job (up to and experience by placing you in a temporary job. twenty-hours per week) where your wages are paid by the community jobs program. You will also receive other services and support to help your move If you participate in the program, you are eligible for support services that assist you in moving into a job where your employer pays all your wages."


Subsection (2): Added the new subsection (2) in its entirety and renumbered the following subsections accordingly.


Former Subsection (2), now (3): "Who runs Who administers the community jobs program? The state department of community, trade and economic development (DCTED) runs administers the community jobs program. They DCTED contact with local agencies throughout the state, known as the community jobs contractors (CJC) who develop and manage the community jobs positions, pay the wages, provide support services and act as the "employer of record" while you are enrolled in a community job."


Former Subsection (3), now (4): "(c) Private for profit businesses for career jump placements."


Former Subsection (4), now (5): "What are the requirements for work sites?

Work site for community jobs and career jump:

(a) Must assist in strengthening work ethics, improve workplace skills and help you gain skills to move into a job where the employer pays all your wages. If they do not meet this requirement, they will not be considered for additional community jobs employees jobs/career jump placements.

(b) We will follow the employment rules described in WAC 388-310-1500. In any situation where training is inconsistent with the terms of a collective bargaining agreement, your community jobs contractor will obtain written approval from the labor organization concerned. Career jump employers will remain neutral with regard to neutralization in the worksite.

(c) Cannot require you You will not be required to do work related to religious, electoral or partisan political activities."


Former subsection (5), now (6): "(c) Working twenty or more hours per week, while being paid federal or state minimum wage, whichever is higher; and

(d) Earning sick leave and paid personal leave at the rate agreed upon by DCTED and the CJC. as determined by DCTED."


Former subsection (6), now (7): "(a) You would benefit from CJ community jobs after you finished have participated in job search without finding a job; and/or."


Former subsection (7), now (8): "When you are placed in the community jobs program by DSHS:

(a) You will be assigned to a community job position by the community jobs contractor for no more than nine months; months. You will work twenty hours a week and participate in other unpaid activities for twelve to twenty additional hours per week;

(b) Your placement in community jobs will be reviewed by your DSHS case manager every ninety days three months during your nine-month placement for the following:

(i) Your continuing TANF/SFA eligibility; To ensure you are TANF/SFA eligible; and

(ii) Any To verify any earned or unearned income received by you or another member of your assistance unit (that is, you and other people in your household who are included in your cash grant); and grant).

(iii) Whether the community jobs position is actually helping you become more employable.

(c) Your community jobs contractor will review your case each month to ensure you are following your IRP and IDP, participating full time, and becoming more employable because of your community job;

(d) If you request a different community jobs placement, we do not consider your request a refusal to participate without good cause under WAC 388-310-1600. You may be asked to explain why you want a different placement;

(e) Grievance policies are in place for your protection. You will be required to sign an acknowledgment that you received a copy of this policy at the time of placement with the employer."


Subsection (10): Added this new subsection in its entirety.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The department needed additional time to clarify and incorporate comments from the public hearing. An immediate effective date is required because of imminent peril to the public health, safety and welfare. If we do not open community jobs to private businesses as soon as possible, TANF/SFA recipients may have to wait up to nine months for placement, or not receive placement, and remain dependent on TANF/SFA assistance.
Effective Date of Rule: October 1, 2002.

September 27, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2912.4
AMENDATORY SECTION(Amending WSR 99-08-051, filed 4/1/99, effective 5/2/99)

WAC 388-310-1300   Community jobs ((program)).   (1) What is the community jobs program?

((The)) Community jobs((program helps you gain work skills and experience by enrolling you in a temporary, subsidized job. You will also receive other services and support to help you move into unsubsidized employment as quickly as possible.

(a) The state department of community, trade and economic development (DCTED) administers the community jobs program.

(b) DCTED selects community jobs contractors (CJC) by using a competitive "requests for proposal" process. DCTED, based upon the successful proposals, develops contracts specific to each selected community jobs contractor.

(c) The CJCs develop and manage the community jobs positions, pay the wages, provide support services and act as the "employer of record" while you are enrolled in a subsidized community job.

(d) Employers at the community jobs work sites must take actions to help participants move into unsubsidized employment. If they do not meet this requirement, they will not be considered for additional community jobs employees.

(e) The department of social and health services funds the community jobs program and reimburses your wages to the CJCs.

(2) How will I be affected if I am enrolled in the community jobs program?

If you are enrolled in the community jobs program:

(a) Your case manager will assign you to a community job position for no more than nine months.

(b) You may be assigned to a community job position when:

(i) You have gone through job search without finding a job; and/or

(ii) You and your case manager decide you need a supportive work environment to help you become more employable.

(c) You may not be enrolled in any community jobs position that requires you to do work related to religious, electoral or partisan political activities.

(d) You, your case manager and the CJC will review the appropriateness of your community jobs position every ninety days during your nine-month placement, looking at:

(i) Your continued TANF/SFA eligibility;

(ii) Any earned or unearned income received by you or another member of your assistance unit (that is, you and other people in your household who are included on your cash grant): and

(iii) Whether the community jobs position is actually helping you become more employable.

(e) You may work twenty or more hours per week in the community jobs position and will be paid the federal or state minimum wage, whichever is higher.

(f) You will earn sick leave and annual leave at the rate agreed upon by DCTED and the CJC for community jobs participants.

(g) The amount of your TANF/SFA monthly grant will be determined by following the rules in WAC 388-450-0050 and 388-450-0215 (1), (3), (4), (5) and (6). WAC 388-450-0215 (2), does not apply to your community jobs wages.

(3) What kind of employers provide community jobs work sites?

The CJC may ask the following categories of employers to provide you with a community job work site:

(a) Federal, state or local governmental agencies and tribal governments; and

(b) Private and tribal nonprofit businesses, organizations and educational institutions)) is a paid work experience that assists you to gain work skills and experience. You are placed in a community job (up to twenty hours per week) where your wages are paid by the community jobs program. If you participate in the program, you are eligible for support services that assist you in moving into a job where your employer pays all your wages.

(2) What is career jump?

Career jump offers job-ready community jobs participants an opportunity to gain paid work experience that leads to a permanent job. This program is a subset of community jobs and will be referred to as such. Career jump places you in a part time (up to twenty hours per week), community job where your earnings are paid by the community jobs program, for up to five months, at which time you will transition to the employer's payroll. You will be provided with support services to assist you in retaining your job through the ninth month of the program. At or before the fifth month, the employment opportunity will be above minimum wage, thirty-two or more hours per week and include wage progression and benefits comparable to other employees.

(3) Who administers the community jobs program?

The state department of community, trade, and economic development (DCTED) administers the community jobs program. DCTED contract with local agencies throughout the state, known as community jobs contractors who develop and manage the community jobs positions, pay the wages, provide support services and act as the "employer of record" while you are enrolled in a community job.

(4) What types of work sites are used to provide community jobs?

The following work sites may be used to provide community jobs:

(a) Federal, state or local governmental agencies and tribal governments;

(b) Private and tribal nonprofit businesses, organizations and educational institutions;

(c) Private for profit businesses for career jump placements.

(5) What are the requirements for the work sites?

Work sites for community jobs and career jump:

(a) Must assist in strengthening work ethics, improve workplace skills and help you gain skills to move into a job where the employer pays all your wages. If they do not meet this requirement, they will not be considered for additional community jobs/career jump placements.

(b) We will follow the employment rules described in WAC 388-310-1500. In any situation where training is inconsistent with the terms of a collective bargaining agreement, your community jobs contractor will obtain written approval from the labor organization concerned. Career jump employers will remain neutral with regard to neutralization in the worksite.

(c) You will not be required to do work related to religious, electoral or partisan political activities.

(6) What are the benefits of community jobs?

You benefit from community jobs by:

(a) Learning work skills;

(b) Getting work experience;

(c) Working twenty hours per week, while being paid federal or state minimum wage, whichever is higher; and

(d) Earning paid personal leave as determined by DCTED.

(7) How do I get into community jobs?

You will be placed into community jobs after you and your DSHS case manager decide:

(a) You would benefit from community jobs after you have participated in job search without finding a job; and/or

(b) You need a supportive work environment to help you become more employable.

(8) What happens after I am placed in the community jobs program?

When you are placed in the community jobs program by DSHS:

(a) You will be assigned to a community job by the community jobs contractor for no more than nine months. You will work twenty hours a week and participate in other unpaid activities for twelve to twenty additional hours per week;

(b) Your placement in community jobs will be reviewed by your DSHS case manager every three months during your nine-month placement for the following:

(i) To ensure you are TANF/SFA eligible; and

(ii) To verify any earned or unearned income received by you or another member of your assistance unit (that is, you and other people in your household who are included on your cash grant).

(c) Your community jobs contractor will review your case each month to ensure you are following your IRP and IDP, participating full time, and becoming more employable because of your community job;

(d) If you request a different community jobs placement, we do not consider your request a refusal to participate without good cause under WAC 388-310-1600. You may be asked to explain why you want a different placement;

(e) Grievance policies are in place for your protection. You will be required to sign an acknowledgment that you received a copy of this policy at the time of placement with the employer.

(9) How does community jobs affect my TANF benefits?

The amount of your TANF/SFA monthly grant will be determined by following the rules in WAC 388-450-0050 and 388-450-0215 (1), (3), (4), (5) and (6). WAC 388-450-0215(2), does not apply to your community jobs wages.

(10 What can I expect from my career jump placement?

(a) You cannot represent more than ten percent of the total labor force for an employer that has ten or more employees.

(b) No more than one community jobs participant shall be allowed per private for profit worksite supervisor.

(c) You will participate in developing a career progression plan that will include health care benefits comparable to other employees.

(d) You may be eligible for unemployment benefits if you have participated in community jobs' career jump and have worked at least six hundred eighty hours in a base year. You will gain unemployment insurance credits for all hours worked under your career jump placement.

(e) Your employer and your community jobs contractor will be required to follow DCTED's contractual agreements for career jump.

[Statutory Authority: RCW 74.08.090 and 74.04.050. 99-08-051, 388-310-1300, filed 4/1/99, effective 5/2/99. Statutory Authority: RCW 74.08.090, 74.04.050 and 74.08A.320. 98-10-054, 388-310-1300, filed 4/30/98, effective 5/31/98.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office