EMPLOYMENT SECURITY DEPARTMENT
[Filed October 14, 2019, 1:32 p.m.]
Preproposal statement of inquiry was filed as WSR 19-14-016.
Title of Rule and Other Identifying Information: WAC 192-140-090 What happens if I do not schedule or report for reemployment services as provided in RCW 50.20.010
(1)(e)?, 192-170-010 Availability for work—
, 192-180-005 Registration for work—
(1) and 50.20.230
, 192-180-010 Job search requirements—
(1)(c) and 50.20.240
, 192-180-040 Directive to attend job search workshop or training course—
, and 192-180-060 How will the department identify individuals who are likely to exhaust benefits?—
Hearing Location(s): On December 3, 2019, at 8-9 a.m., at the Employment Security Department, 212 Maple Park Avenue, Commissioner's Conference Room, Olympia, WA 98501.
Date of Intended Adoption: January 27, 2020.
Submit Written Comments to: Joshua Dye, P.O. Box 9046, Olympia, WA 98507-9046, email firstname.lastname@example.org, fax 844-652-7096, by December 2, 2019.
Assistance for Persons with Disabilities: Contact Teresa Eckstein, phone 360-507-9890, fax 360-586-4600, TTY relay 711, email email@example.com [firstname.lastname@example.org], by November 27, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SB 5398 (chapter 50, Laws of 2019) amended RCW 50.20.010
, and 50.20.240
and established different eligibility requirements to receive unemployment insurance benefits for individuals complying with an electrical apprenticeship training program. Rules are necessary to more precisely define what these eligibility requirements are, and specify the particular electrical apprentices to whom these new eligibility requirements apply.
Reasons Supporting Proposal: Amending the rules will allow the department to conform to new statutory requirements.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Employment security department, governmental.
Name of Agency Personnel Responsible for Drafting: Scott Michaell, Olympia, 360-890-3448; Implementation and Enforcement: Julie Lord, Olympia, 360-902-9579.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is required under RCW 34.05.328
. A preliminary cost-benefit analysis may be obtained by contacting Joshua Dye, P.O. Box 9046, Olympia, WA 98507-9046, phone 360-890-3472, email Rules@esd.wa.gov
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025
(3) as the rule content is explicitly and specifically dictated by statute.
October 14, 2019
AMENDATORY SECTION(Amending WSR 19-12-091, filed 6/4/19, effective 7/22/19)
WAC 192-140-090What happens if I do not schedule or report for reemployment services as provided in RCW 50.20.010 (1)(e)?
(1) Written directives.
(a) The commissioner may direct you in writing to schedule a time to report in person for reemployment services. The written directive will contain a deadline by which you must schedule and participate in reemployment services.
(b) If you fail to schedule a time to participate in reemployment services by the deadline, you will be ineligible to receive benefits for the week containing the date of the deadline, unless you show justifiable cause.
(c) If you fail to participate in reemployment services at the time you scheduled, you will be ineligible to receive benefits for the week containing the time you scheduled, unless you show justifiable cause.
(d) The department may verify the reasons you failed to schedule or participate in reemployment services. In all such cases, your ability to work or availability for work may be questioned.
(2) Exceptions. You will not be required to participate in reemployment services if you:
(a) Are a member of a full referral union and are eligible for dispatch and referral according to union rules;
(b) Are attached to an employer as provided in WAC 192-180-005;
(c) Are participating in a training program approved by the commissioner; ((or))
(d) Within the previous year have completed, or are currently scheduled for or participating in, similar services; or
(e) Are an active registered electrical apprentice in an approved electrical apprenticeship program under chapter 49.04 RCW and chapter 296-05 WAC
(3) Minimum services. The services will consist of one or more sessions which include, but are not limited to:
(a) Local labor market information;
(b) Available reemployment and training services;
(c) Successful job search attitudes;
(d) Self-assessment of job skills and interests;
(e) Job interview techniques;
(f) The development of a resume or fact sheet; and
(g) The development of a plan for reemployment.
(4) Justifiable cause. Justifiable cause for failure to schedule or participate in reemployment services as directed will include factors specific to you which would cause a reasonably prudent person in similar circumstances to fail to schedule or participate in reemployment services. Justifiable cause includes, but is not limited to:
(a) Your illness or disability or that of a member of your immediate family;
(b) Conflicting employment or your presence at a job interview scheduled with an employer; or
(c) Severe weather conditions.
AMENDATORY SECTION(Amending WSR 10-11-046, filed 5/12/10, effective 6/12/10)
WAC 192-170-010Availability for work—RCW 50.20.010.
(1) In general, the department will consider you available for work if you:
(a) Are willing to work full-time, part-time, and accept temporary work during all of the usual hours and days of the week customary for your occupation.
(i) You are not required to be available for part-time or temporary work if it would substantially interfere with your return to your regular occupation.
(ii) The requirement to be available for full-time work does not apply under the circumstances described in WAC 192-170-050 (1)(b) or 192-170-070;
(b) Are capable of accepting and reporting for any suitable work within the labor market in which you are seeking work;
(c) Do not impose conditions that substantially reduce or limit your opportunity to return to work at the earliest possible time;
(d) Are available for work during the hours customary for your trade or occupation; and
(e) Are physically present in your normal labor market area, unless you are actively seeking and willing to accept work outside your normal labor market.
(2) You are considered available for work if you are complying with an electrical apprenticeship program approved by the department of labor and industries.
(3) You are not considered available for work if you fail or refuse to seek work as required in a directive issued by the department under WAC 192-180-010.
AMENDATORY SECTION(Amending WSR 17-01-051, filed 12/13/16, effective 1/13/17)
(1) Am I required to register for work? You must register for work unless you are:
(a) Attached to an employer, meaning you are:
(i) Partially unemployed as defined in WAC 192-180-013(1);
(ii) On standby as defined by WAC 192-110-015;
(iii) Unemployed because you are on strike or locked out from the worksite as provided in RCW 50.20.090
(iv) Participating in the shared work program under chapter 50.60
(b) A member of a union that participates in the referral union program (see WAC 192-210-110);
(c) Participating in a training program approved by the commissioner; ((or))
(d) The subject of an antiharassment order. This includes any court-issued order providing for your protection, such as restraining orders, no contact orders, domestic violence protective orders, and similar documents; or
(e) An active registered electrical apprentice in an approved electrical apprenticeship program under chapter 49.04 RCW and chapter 296-05 WAC
(2) How soon do I have to register?
(a) If you live within the state of Washington, the department will register you automatically based on information contained in your application for benefits. In unusual circumstances where you are not automatically registered, you must register within one week of the date on which you are notified by the department of the requirement to register for work.
(b) If you live in another state, you must register for work within one week of the date your first payment is issued on your new or reopened claim.
(3) Where do I register for work? You will be registered for work with the department. However, if you live in another state, you must register for work with the equivalent public employment agency in that state.
(4) What is the penalty if I do not register for work? You will not be eligible for benefits for any week in which you are not registered for work as required by this section.
AMENDATORY SECTION(Amending WSR 17-01-051, filed 12/13/16, effective 1/13/17)
(1) Do I have to look for work? You must be actively seeking work unless you are:
(a) Attached to an employer as defined in WAC 192-180-005(1); ((or))
(b) Participating in a training program approved by the commissioner; or
(c) An active registered electrical apprentice in an approved electrical apprenticeship program under chapter 49.04 RCW and chapter 296-05 WAC
(2) When should I start my job search? You must look for work every week that you file a claim for benefits, unless you are exempt under subsection (1) of this section.
(3) What are my weekly job search requirements?
(a) At a minimum, you must:
(i) Make job search contacts with at least three employers each week; or
(ii) Participate in three approved in-person job search activities through the WorkSource office or the equivalent public employment agency in the state in which you reside, or any combination of employer contacts or in-person job search activities for a total of three.
(b) Based on your individual circumstances, such as your occupation, experience, or labor market area, the department may issue you a directive requiring more than three employer contacts or job search activities each week.
(c) If you are a member of a referral union you must be registered with your union, eligible for and actively seeking dispatch, and comply with your union's dispatch or referral requirements (see WAC 192-210-120). Your benefits may be denied for any weeks in which you fail to meet these requirements and you may be directed to seek work outside of your union.
(4) What is a "job search contact"?
A job search contact is a contact with an employer to inquire about or apply for a job. You must use job search methods that are customary for your occupation and labor market area including, but not limited to, in-person, telephone, internet, or telefax contacts. The work applied for must be suitable (see RCW 50.20.100
) unless you choose to look for work in a lower skill area. A contact does not count if it is made with an employer whom you know is not hiring, or if the department decides the contact is designed in whole or in part to avoid meeting the job search requirements. Simply posting your resume online (for example, Simplyhired.com or Craigslist) does not constitute a job search contact for purposes of this section; in addition to posting your resume, an application or contact with an employer for a job must be submitted to count as one of the required weekly job search contacts.
(5) What is an "in-person job search activity"? This is an activity provided or monitored through the WorkSource office or the equivalent public employment agency in the state in which you reside that will assist you in your reemployment efforts. It includes, but is not limited to, job search workshops, training classes, or other facilitated services provided or monitored by WorkSource staff or other affiliated agencies and approved by the local WorkSource office. For claimants residing in Washington state, an in-person job search activity must be documented in the department's computer system to qualify. For interstate claimants, the activity must be documented by the equivalent public employment agency in the state in which you reside.
(6) What is a directive? A directive is a written notice from the department telling you that specific methods of job search are required in order to meet the job search requirements. A written directive need not have been issued to deny benefits for failure to meet the job search requirements in subsection (3) of this section, unless the directive is required under WAC 192-180-012.
(7) When is a directive issued? The department can issue a directive to clarify or to increase the job search requirements you must meet. Examples include, but are not limited to, cases in which you need to:
(a) Increase the number of employer contacts each week;
(b) Change your method of looking for work;
(c) Expand the geographic area in which you look for work;
(d) Look for work in a secondary occupation; or
(e) Accurately record your job search activities as required by WAC 192-180-015.
(8) When is the directive effective? The directive is effective when it is given in writing by the department. It stays in effect until a new written directive is given; the directive is rescinded in writing; your benefit year ends; or you receive final payment on any extension of benefits related to that benefit year, whichever is later.
AMENDATORY SECTION(Amending WSR 05-01-076, filed 12/9/04, effective 1/9/05)
WAC 192-180-040Directive to attend job search workshop or training course—RCW 50.20.044.
(1) The department may direct you, in writing, to attend a job search workshop or training course when it finds that your chances of finding employment will be improved by enrollment in such activity.
(2) You will not be directed to attend a job search workshop or training course if:
(a) You have an offer of bona fide work that begins within two weeks; or
(b) The workshop or training location is outside your labor market or would require you to travel further than the nearest WorkSource office or local employment center; ((or))
(c) You are a member in good standing of a full referral union, unless you are also being required to begin an independent search for work or have been identified as a dislocated worker as defined in RCW 50.04.075; or
(d) You are an active registered electrical apprentice in an approved electrical apprenticeship program under chapter 49.04 RCW and chapter 296-05 WAC
(3) If you receive a directive and fail without good cause to attend a substantial portion of the workshop or training course during a week, you will be ineligible for benefits for the entire week. Good cause includes your illness or disability or that of a member of your immediate family, or your presence at a job interview scheduled with an employer. Reasons for absence may be verified and may result in a denial of benefits under RCW 50.20.010
(4) Participation in a job search workshop when directed meets the definition of an "in-person job search activity" as defined in WAC 192-180-010.
(5) When attending a job search workshop or training course as directed, you will not be ineligible for benefits for failure to be available for work or to actively seek work under the provisions of:
AMENDATORY SECTION(Amending WSR 16-21-013, filed 10/7/16, effective 11/14/16)
WAC 192-180-060How will the department identify individuals who are likely to exhaust benefits?—RCW 50.20.011.
(1) The department will use the profiling model described in this section to identify claimants who are likely to exhaust benefits and in need of job search assistance to obtain new employment.
Take all valid claims with a benefit year ending date that falls within a specified two-year time period. Screen out (a) members of unions participating in the referral union program (see WAC 192-210-100) and (b) claimants who do not have a job search requirement (employer attached, in approved training, are an active registered electrical apprentice in an approved electrical apprenticeship program under chapter 49.04 RCW and chapter 296-05 WAC,
or unemployed due to strike or lockout) after all wages for the claimant on the current claim have been received. For the remaining claimants with a job search requirement, statistically combine information on industry, occupation and other personal characteristics, and labor market characteristics to generate a numerical score indicating the likelihood of exhausting benefits before finding work. The scores may range from 0% (no likelihood of exhaustion) to ((100%
))one hundred percent
(certainty of exhaustion). Rank claimants based on their individual score from least likely to most likely to exhaust.