WSR 14-21-090

PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 14, 2014, 7:53 a.m.]

Subject of Possible Rule Making: Chapter 137-80 WAC, Institutional industries.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 72.01.090 and 72.09.100.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Reflect changes to the department of corrections (DOC) institutional industries programs. Achieve more consistent operation of institutional industries programs.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington state department of labor and industries (L&I) held a series of meetings with different L&I personnel regarding (1) offender work site safety and (2) offender worker's compensation insurance coverage. Meetings were followed by extensive e-mail communications on these same subjects.

Process for Developing New Rule: Agency study; and lengthy process beginning with a 2006 DOC study and assessment of all DOC correctional industries (CI) offender work programs, resulting in a written recommendations report; internal audits of CI Class IV (2012) and Class V (2014) work programs and contracts; extensive meetings with L&I personnel on the subject of workers' compensation and worker safety requirements; numerous conversations with DOC assistant attorney generals on legal aspects of WAC changes and conversations and meetings with DOC stakeholders, individually and in groups, to gain greater understanding of agency needs regarding the CI work programs and any inconsistencies between those needs and chapter 137-80 WAC as it then existed.

The department invites interested parties to review and provide input on the proposed rules. Comments may be sent to John Nispel, rules coordinator at the address shown below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John Nispel, Rules Coordinator, Department of Corrections, Contracts and Legal Affairs, P.O. Box 41114, Olympia, WA 98504-1114, phone (360) 725-8365, fax (360) 664-2009, e-mail john.nispel@DOC.wa.gov.

October 13, 2014

Bernard Warner

Secretary