WAC
356-46-010 Political activity--Regulations.
356-46-020 Discrimination--Prohibitions.
356-46-030 Disclosure of political, religious affiliations--Prohibited.
356-46-040 Conflict of employment--Prohibited.
356-46-050 Payroll certification.
356-46-060 Agencies--Personnel and payroll records.
356-46-070 Agencies--Reports on employee status changes--Requirements.
356-46-080 Agencies--Position control.
356-46-090 Personnel department--Reciprocity with other jurisdictions.
356-46-100 Rules--Amendments--Notice.
356-46-110 Severability.
356-46-120 Repeals--Savings.
356-46-125 Drug testing--Limitations--Uses.
356-46-135 Return-to-work program--Purpose.
356-46-140 Return-to-work program--Responsibilities--State agencies.
356-46-145 Employee eligibility in the return-to-work program.
356-46-150 Return to work initiative program.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
356-46-130 State housing committee--Responsibilities. [Statutory Authority: RCW 41.06.150. 84-10-054 (Order 202), § 356-46-130, filed 5/2/84. Statutory Authority: RCW 41.06.150(17). 81-20-060 (Order 161), § 356-46-130, filed 10/5/81; 78-07-008 (Order 121), § 356-46-130, filed 6/12/78; Order 106, § 356-46-130, filed 7/25/77; Order 103, § 356-46-130, filed 6/23/77; Order 100, § 356-46-130, filed 3/30/77.]Repealed by 85-09-030 (Order 221), filed 4/12/85. Statutory Authority: RCW 41.06.150.
WAC 356-46-010 Political activity--Regulations. (1) Solicitation for or payment to any partisan, political organization or for any partisan, political purpose or any compulsory assessment or involuntary contribution is prohibited: Provided, however, That officers of employee organizations shall not be prohibited from soliciting dues or contributions from members of their organization. No person shall solicit on state property any contribution to be used for partisan, political purposes.
(2) Employees shall have the right to vote and to express their opinions on all political subjects and candidates and to hold any political party office or participate in the management of a partisan, political campaign. Nothing in this section shall prohibit an employee from participating fully in campaigns relating to constitutional amendments, referendums, initiatives, and issues of a similar character, and for nonpartisan offices.
(3) A classified civil service employee shall not hold a part-time public office in a political subdivision of the state when the holding of such office is incompatible with, or substantially interferes with, the discharge of official duties in state employment as determined by the appointing authority.
(4) The rules and regulations of the United States Office of Personnel Management which pertain to political activities may apply to some employees. Persons engaged in federal loans or grants-in-aid programs should inquire about their own situations and contemplated activities.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-01-109 (Order 328), § 356-46-010, filed 12/20/89, effective 2/1/90. Statutory Authority: RCW 41.06.150. 83-01-115 (Order 179), § 356-46-010, filed 12/22/82. Statutory Authority: RCW 46.06.150(17) [41.06.150(17)]. 78-10-070 (Order 123), § 356-46-010, filed 9/26/78; Order 75, § 356-46-010, filed 3/24/75; Order 36, § 356-46-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-140.]
WAC 356-46-020 Discrimination--Prohibitions. No discrimination shall be exercised, threatened, or promised by any person in the employ of an agency against any applicant, eligible, or employee because of political or religious opinions or affiliations, or race, sex, age, disability, or veteran's status.
State agencies are subject to the Washington state law against discrimination, chapter 49.60 RCW. Persons who believe they have been discriminated against because of these reasons may file a complaint with the Washington state human rights commission as provided in RCW 49.60.230.
[Statutory Authority: RCW 41.06.150. 87-06-032 (Order 270), § 356-46-020, filed 2/27/87, effective 4/1/87. Statutory Authority: RCW 41.06.150(17). 78-10-070 (Order 123), § 356-46-020, filed 9/26/78; Order 36, § 356-46-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-150.]
WAC 356-46-030 Disclosure of political, religious affiliations--Prohibited. No recommendation of any applicant, eligible or employee involving a disclosure of political or religious opinions or affiliations shall be considered or filed by the agencies, the board or any office or employee concerned in making appointments or promotions.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-46-030, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 46.06.150(17) [41.06.150(17)]. 78-10-070 (Order 123), § 356-46-030, filed 9/26/78. Statutory Authority: RCW 41.06.150(17). 78-07-008 (Order 121), § 356-46-030, filed 6/12/78; Order 36, § 356-46-030, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-160.]
WAC 356-46-040 Conflict of employment--Prohibited. No employee shall have conflicting employment while in the employ of an agency. Determination of such conflict shall be made by the employing agency.
[Order 36, § 356-46-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-170.]
WAC 356-46-050 Payroll certification. Payroll registers will be certified in accordance with instructions set forth in paragraph 4.3.2.1.5 of the financial and administrative policies, regulations and procedures published by the office of financial management.
[Statutory Authority: RCW 41.06.150. 83-24-002 (Order 193), § 356-46-050, filed 11/28/83. Statutory Authority: RCW 41.06.150(17). 78-07-008 (Order 121), § 356-46-050, filed 6/12/78; Order 36, § 356-46-050, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-181.]
WAC 356-46-060 Agencies--Personnel and payroll records. (1) Each agency shall maintain a record of each employee showing the name, title, position held, organizational assignment, salary, changes of employment status, attendance, leaves, annual performance evaluations, and such other information as may be necessary for the administration of regulations. Personnel and payroll records shall be open to the inspection of the board, state auditor, and the director of personnel or designee. The original personnel and payroll file shall accompany the employee throughout his/her service career including inter-system movement.
(2) Agencies shall publish policies pertaining to the retention and confidentiality of personnel records in accordance with these rules and chapter 40.14 RCW which are consistent with the following requirements:
(a) Agencies shall designate the official depository and custodian of personnel records.
(b) Agencies shall ensure that employees have knowledge of all job performance information inserted into the personnel record pertaining to the employee.
(c) Employees and/or their representatives may review the employee's personnel records, subject to policies of the employing agency.
(d) Employees or their representatives contesting allegedly erroneous, prejudicial, or otherwise adverse information in the employee's personnel records may insert rebuttal or refuting documentation into their personnel records.
(e) Information in the personnel records relating to employee misconduct shall be destroyed in accordance with policies established in chapter 40.14 RCW in situations where the employee is exonerated or where the information is found to be false. The agency's record retention plan shall provide for the prompt destruction of this information.
(f) Information relating to employee misconduct committed in the performance of off-duty activities shall be placed in the personnel records and retained by the agency in accordance with policies established in chapter 40.14 RCW, only where said information has a reasonable bearing on the employee's job performance. Employees may request that such information be removed from their personnel record at the conclusion of the retention period. The information may be retained by the agency if it has a reasonable bearing on the efficient and effective management of the agency.
(g) Information relating to employee misconduct that is committed in the performance of state business shall be maintained by the agency for a minimum of six years or in accordance with policies established in chapter 40.14 RCW. Employees may request that such information be removed from their personnel record at the conclusion of the retention period. The information may be retained by the agency if it has a reasonable bearing on the efficient and effective management of the agency.
(h) Notwithstanding paragraphs (e), (f) and (g) of this section, agencies may retain information relating to employee misconduct or alleged misconduct if the employee requests that the information be retained or if agency management reasonably expects that the information will be needed in a pending or prospective legal action.
(3) The agency shall submit its policy relating to the retention and confidentiality of personnel records to the director of personnel for approval and filing.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-46-060, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-12-028 (Order 354), § 356-46-060, filed 5/30/90, effective 7/1/90. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), § 356-46-060, filed 8/10/84. Statutory Authority: RCW 41.06.150. 84-04-022 (Order 197), § 356-46-060, filed 1/24/84. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-46-060, filed 10/26/82; 80-06-033 (Order 144), § 356-46-060, filed 5/9/80; Order 100, § 356-46-060, filed 3/30/77; Order 36, § 356-46-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-210, 356-32-220.]
WAC 356-46-070 Agencies--Reports on employee status changes--Requirements. The director shall provide appropriate forms for reporting of appointment, transfer, promotion, demotion, salary change, and any other temporary or permanent change in status of any employee. Utilizing such forms, appointing authorities shall report each status change to the director. Except as provided below, the director will indicate approval or disapproval on the forms and return a copy to the agency. The director shall also maintain a copy of the completed forms in department of personnel files, or in lieu thereof, may maintain in the files copies of listings of transactions accomplished by automated data processing equipment: Provided, That periodic salary increment increases, as defined by WAC 356-14-110 through 356-14-120, shall not be individually approved by the director. Each agency head shall be responsible for approval of such increases and shall assure that such are made in accordance with the rules and the approved compensation plan of the director.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-46-070, filed 7/8/04, effective 8/8/04; Order 75, § 356-46-070, filed 3/24/75; Order 36, § 356-46-070, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-200.]
WAC 356-46-080 Agencies--Position control. Each agency shall maintain a system of position identification and control indicating location, work shift, duties and organizational unit of each position as described on that position's classification questionnaire.
[Statutory Authority: RCW 41.06.150. 96-02-073, § 356-46-080, filed 1/3/96, effective 2/3/96; Order 36, § 356-46-080, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-214.]
WAC 356-46-090 Personnel department--Reciprocity with other jurisdictions. The director may cooperate with other state departments or with federal or local departments whose merit systems operate in conformity with standards comparable to those contained in these rules. The director may announce and administer joint examinations in conformity with the provisions of these rules, and the director may, in the absence of an appropriate register for a particular class of positions, recognize an appropriate register for such class of position established under another merit system operating in conformity with these standards and may accept regular certification from such registers under the rules governing certification.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-46-090, filed 7/8/04, effective 8/8/04; Order 36, § 356-46-090, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-230.]
WAC 356-46-100 Rules--Amendments--Notice. Whenever necessary or desirable, the director shall consult with agencies and employee representatives affected to receive recommended amendments to the merit system rules. After 20 calendar days' notice to the above affected groups, the director shall hold hearings to approve, modify or reject the recommendation. Copies of approved amendments shall be sent to all agencies and made available for public distribution.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-46-100, filed 7/8/04, effective 8/8/04. Statutory Authority: RCW 41.06.150(17). 78-07-008 (Order 121), § 356-46-100, filed 6/12/78; Order 36, § 356-46-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-240.]
WAC 356-46-110 Severability. If any provision of these rules or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end any section, sentence, or word is declared to be severable.
[Order 36, § 356-46-110, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-260.]
WAC 356-46-120 Repeals--Savings. All previous merit system and/or civil service rules and amendments thereto are hereby repealed. All actions in force under previous merit system and/or civil service rules will be honored. Unfinished actions which were initiated under previous merit system and/or civil service rules may be completed under those rules.
[Order 36, § 356-46-120, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-270.]
WAC 356-46-125 Drug testing--Limitations--Uses. Except as required by federal or state laws or as provided in subsection (1) of this section, no agency may perform or cause to be performed a drug test of any employee or prospective employee.
(1) An agency may require a specific employee to submit to drug testing designed to identify the presence in the body of controlled substances referenced under chapter 69.50 RCW, other than drugs prescribed by a physician, if:
(a) The agency has specific, objective grounds stated in writing to believe the employee's work performance is impaired due to the presence of such substances in the body; and
(b) The employee is in a position where such impairment presents a danger to the physical safety of the employee or another; and
(c) The agency has a specific written policy authorizing such test, establishing procedures under which they may be conducted, and protecting the confidentiality of the results, provided the results may be disclosed in an action or proceeding challenging any disciplinary action arising from the incident which led to the test. The agency's proposed policy must be submitted to the affected exclusive bargaining representative or representatives and approved by the director of the department of personnel before implementation.
(2) An employee who is found to be impaired on the job due to the use of controlled substances may be subject to disciplinary action in accordance with existing laws and regulations, but the results of such drug test shall provide no independent basis for disciplinary action. However, the agency may use the results of a drug test to require an employee to successfully complete a rehabilitation plan. The rehabilitation plan terms may require the employee to pass all subsequent drug tests. In this situation, the independent use of a subsequent drug test may be the basis for disciplinary action.
(3) In the event an employee is found to have used controlled substances, the agency shall inform the employee of available assistance through the employee advisory service or other similar program.
(4) Nothing herein shall prevent an agency from conducting medical screening to monitor exposure to toxic or other unhealthy substances in the work place, provided such screenings are limited to the specific substances reasonably believed to be present.
(5) Except as expressly set forth above, nothing herein shall add to or detract from any agency authority under chapter 41.06 RCW or regulations of the director to establish job performance standards, or conditions of employment, or to base continued employment on satisfactory job performance.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-46-125, filed 7/8/04, effective 8/8/04; 98-19-034, § 356-46-125, filed 9/10/98, effective 10/12/98. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 95-01-074, § 356-46-125, filed 12/15/94, effective 2/1/95. Statutory Authority: RCW 41.06.150. 88-03-042 (Order 291), § 356-46-125, filed 1/19/88, effective 3/1/88.]
WAC 356-46-135 Return-to-work program--Purpose. To establish a return-to-work program for permanent state employees who are receiving compensation under RCW 51.32.090 and who are, by reason of their temporary disability, unable to return to their previous work, but are capable of carrying out work of a lighter or modified nature.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-15-035 (Order 357), § 356-46-135, filed 7/13/90, effective 8/13/90.]
WAC 356-46-140 Return-to-work program--Responsibilities--State agencies. It will be the responsibility of each state agency to:
(1) Adopt a written return-to-work policy and submit a copy to the department of personnel. Prior to submittal to the department of personnel, the agency shall send a copy of the proposed policy to employee organizations certified as the exclusive representative for a bargaining unit and allow reasonable time for their response and participation and/or compliance with appropriate articles of the collective bargaining agreement.
(2) Designate an agency representative to be responsible for coordinating the return-to-work program of the agency.
(3) Provide an explanation of the agency return-to-work policy to all classified employees.
(4) Provide training of appropriate supervisors on implementation of the agency return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the employee; general knowledge of available return-to-work options, resources available; and awareness that the return-to-work program expects cooperation and participation by all state agencies and institutions of higher education.
(5) Coordinate participation of applicable employee assistance programs, as appropriate.
(6) Provide time limited opportunities to agency employees who are in the return-to-work program if possible.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-15-035 (Order 357), § 356-46-140, filed 7/13/90, effective 8/13/90.]
WAC 356-46-145 Employee eligibility in the return-to-work program. Employees are eligible to participate in the return-to-work program under the following conditions:
(1) The employee is a permanent state employee.
(2) The employee is receiving compensation under RCW 51.32.090.
(3) The employee has a temporary disability which makes him/her temporarily unable to return to his or her previous work, but who is capable of carrying out work of a lighter or modified nature as evidenced by a written statement from a physician or licensed mental health professional.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-15-035 (Order 357), § 356-46-145, filed 7/13/90, effective 8/13/90.]
WAC 356-46-150 Return to work initiative program. The department of personnel is responsible for administering the return to work initiative program. The director shall develop and implement appropriate operating procedures to facilitate this program.
(1) The program applies to permanent employees who have been disability separated or who are at risk of disability separation due to an accepted industrial injury condition, and meet the following criteria for participation in the program:
(a) The employee must be employed by an agency participating in the program; and
(b) The agency must approve the participation of the employee to be in the program; and
(c) The employee must be permanently unable to return to the job of injury due to the effects of the industrial injury; however, the employee must be capable of return to some form of gainful employment; and
(d) the employee must have an open industrial insurance claim for which the employee is receiving current time loss compensation benefits; and
(e) The department of personnel must be able to secure authorization from the department of labor and industries to bill for return to work services against the industrial insurance claim.
(2) Permanent employees participating in the program may request placement on the reduction in force transition pool list to fill funded vacant positions for which there are no available candidates on reduction in force registers.
(3) Agencies, including those agencies with local list authority, who participate in the program shall adhere to the operating procedures established by the director.
[Statutory Authority: RCW 41.06.150. 01-11-113, § 356-46-150, filed 5/22/01, effective 7/1/01.]