INTERPRETIVE AND POLICY STATEMENT
LABOR AND INDUSTRIES
If you have questions or need additional information, please call Christine Swanson at (360) 902-4216.
Insurance Services Division
Insurance Services Interim Policy #30.10 "Transcutaneous Electrical Nerve Stimulator (TENS) Contract" has been amended. The information contained in the policy was changed to reflect the terms of the department's current contract with the vendor. Information was provided to medical providers in Provider Bulletin 01-11 published in November 2001 and effective on January 1, 2002. This policy was issued on January 1, 2002.
Contact Linda Norris, mailstop 4310, phone (360) 902-4999.
Specialty Compliance Services Division
Employment Standards Administrative Policies. The following are new policies on how the Department of Labor and Industries interprets the Employment Standards WACs and RCWs. These policies are effective as of the date of print, January 2, 2002, and supersede all previous interpretations and guidelines.
Minimum Wage Act Applicability
ES.A.1 Minimum Wage Act Applicability, chapter 49.46 RCW, chapter 296-128 WAC.
ES.A.2 Definition of Wage, RCW 49.46.010(2).
ES.A.3 Minimum Hourly Wage, RCW 49.46.020, chapters 296-126, 296-125, 296-131 WAC.
ES.A.4 Special Education Student Minimum Wage Exemption, RCW 49.46.060, chapter 296-128 WAC.
ES.A.5 Payment of Wages Less Than Minimum Wage -- Employer's Liability, RCW 49.46.090.
ES.A.6 Collective Bargaining Agreements, RCW 49.46.110, 49.12.187.
ES.A.7 More Favorable Laws, RCW 49.46.120.
ES.A.8.1 Overtime, RCW 49.46.130, chapters 296-126, 296-128 WAC.
ES.A.8.2 "How to Calculate Overtime" Worksheet.
ES.A.10.1 Retail/Service Establishment Commission Overtime Exception, RCW 49.46.130(3).
ES.A.10.2 Frequently Asked Questions Retail/Service Establishment Commission Sales Exception.
ES.A.10.3 Examples of Retail Sales and Service Establishments.
Deductions and Termination Wages
ES.B.1 Payment of Final Wages and Deductions Upon Termination, RCW 49.48.010, chapter 296-126 WAC.
ES.B.2 Deductions from Wages, Failure to Pay Wages, Rebates, Penalties, RCW 49.52.050, [49.52].060, [49.52].070.
Industrial Welfare Act Related Acts
ES.C.1 Applications, Exemptions and Interpretations, chapter 49.12 RCW, chapter 296-126 WAC.
ES.C.2 Hours Worked, chapter 49.12 RCW, WAC 296-126-002(8).
ES.C.3 Commissions, Piecework and Minimum Wage Requirements, WAC 296-126-021.
ES.C.5 Payment Interval, WAC 296-126-023, 296-131-010.
ES.C.6 Meal and Rest Periods, chapter 49.12 RCW, WAC 296-126-092.
ES.C.7 Employee Access to Personnel File, RCW 49.12.240, [49.12].250, [49.12].260.
ES.C.8.1 Employee Wearing Apparel and Uniforms, RCW 49.12.450.
ES.C.8.2 Frequently Asked Questions about Employee Wearing Apparel.
ES.C.9 Variances from Industrial Welfare Act, chapter 49.12 RCW.
ES.C.10 Family Care Act, RCW 49.12.270-[49.12.]295, chapter 296-130 WAC.
ES.D.1 Recordkeeping and Access to Payroll Records (nonagricultural employment), RCW 49.12.050, chapter 296-126 WAC, RCW 49.46.040, 49.46.070, chapter 296-128 WAC.
ES.D.2 Recordkeeping and Access to Payroll Records (agricultural employment), chapter 49.30 RCW, chapter 296-131 WAC.
Contact Elaine Fischer, phone (360) 902-5552, mailstop
44510.
Apprenticeship
The Washington State Apprenticeship and Training Council (WSATC) conducted a review of its RCWs and WACs throughout the past two years (2000 and 2001) with the assistance of an advisory committee of Washington apprenticeship partners. These changes were the result of a 1999 United States Department of Labor Audit, which identified several provisions in the RCWs and WACs which were either inconsistent with or in conflict with federal regulation. In response to this audit, several changes to the RCWs and WACs were considered, proposed, and adopted. The RCW changes took effect on July 22, 2001, and the WAC changes took effect on January 17, 2002. During the WAC/RCW review process all of the policies created by the WSATC were reviewed and the necessary policies (where appropriate) were incorporated into the rule so that the rules accurately reflected WSATC practice.
The apprenticeship council issued a new policy (WSATC 02-01-01) to address an inconsistency that now exists in the rules that took effect on January 17, 2001, between WAC 296-05-300 and 296-05-007 relating to when referrals are required to be directed to the Office of Administrative Hearings. The new policy defers to WAC 296-05-300 (6) and not WAC 296-05-007 thereby allowing the council to have the discretion to either adjudicate matters themselves (i.e. objections with proposed standards or proposed amendments to existing standards) or refer such matters to the Office of Administrative Hearings. The rules are currently being amended to address this inconsistency. This policy was issued on January 18, 2002.
Contact Josh Swanson, phone (360) 902-6411, mailstop 44400.
WISHA Services Division
WISHA Regional Directive (WRD) #5.30 "Delayed Enforcement of New Recordkeeping Requirements," has been amended. This policy provides guidance to WISHA enforcement and consultation staff whenever they must consider the application of the WISHA recordkeeping requirements. This revised WRD includes clarification the federal Occupational Safety and Health Administration requested regarding the need to encourage employers to comply with the new recordkeeping policy as quickly as possible. This policy was issued on January 21, 2002.
Contact Marcia Benn, phone (360 902-5503, mailstop 44648.
Christine Swanson
Legislative and
Governmental Affairs Office