WSR 18-02-065
[Filed December 29, 2017, 2:54 p.m.]
Subject of Possible Rule Making: Chapter 137-80 WAC, Institutional industries and programs.
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: To strike a better balance between stakeholders' concerns regarding the assumption of liability for worker injury claims and 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). Further, 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 more recently 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; agency study; and after two public hearings and written input from stakeholders, DOC implemented revisions to chapter 137-80 WAC, effective January 1, 2016. Some recipients of worker services did not contract for continued services under the revised WAC. DOC continued to consider elements of WAC that were in dispute and under an emergency rule filing on October 3, 2017, implemented a pilot program to see if certain changes would result in use of worker services by recipients who had ceased to utilize work crew programs.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Debra Eisen, Rules Coordinator, DOC, Contracts and Legal Affairs, P.O. Box 41114, Olympia, WA 98504-1114, phone 360-725-8363, fax 360-664-2009, email
December 28, 2017
Stephen Sinclair