Chapter 388-840 WAC

Last Update: 9/20/99

WORK PROGRAMS FOR RESIDENTS OF RESIDENTIAL HABILITATION CENTERS IN THE DIVISION OF DEVELOPMENTAL DISABILITIES

(Formerly chapter 275-41 WAC)

WAC Sections

388-840-005Purpose.
388-840-010Definition.
388-840-015Establishment of new work programs.
388-840-020Protection of residents.
388-840-025Compensation for persons participating in work programs.


388-840-005
Purpose.

The regulations provide guidelines for the operation of work programs at residential habilitation centers or for programs contracted on behalf of residents of residential habilitation centers within the division of developmental disabilities as required under RCW 43.20A.445.
[WSR 99-19-104, recodified as § 388-840-005, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.20.060. WSR 91-17-005 (Order 3230), § 275-41-005, filed 8/9/91, effective 9/9/91.]



388-840-010
Definition.

(1) "Compensate" means the resident's receipt of money for work done at a work program.
(2) "Department" means the Washington state department of social and health services.
(3) "Division" means the developmental disabilities division of the department of social and health services.
(4) "Prevailing wage" means the amount paid to a nondisabled worker in a nearby industry or surrounding community for essentially the same type, quality, and quantity of work or work requiring comparable skills.
(5) "Residential habilitation center (RHC)" means a residential habilitation center operated by the developmental disabilities division.
(6) "Work program" means a directed vocational activity or series of related activities provided on a systematic, organized basis for developing and maintaining individual resident work skills, and providing remuneration to resident employees. Work programs must result in:
(a) Benefit to the economy of the facility; or
(b) A contribution to the facility's maintenance; or
(c) Produce articles or services for sale.
[WSR 99-19-104, recodified as § 388-840-010, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.20.060. WSR 91-17-005 (Order 3230), § 275-41-010, filed 8/9/91, effective 9/9/91.]



388-840-015
Establishment of new work programs.

The requirements of RCW 43.20A.445 shall be followed before the department establishes new residential habilitation center work programs.
[WSR 99-19-104, recodified as § 388-840-015, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.20.060. WSR 91-17-005 (Order 3230), § 275-41-015, filed 8/9/91, effective 9/9/91.]



388-840-020
Protection of residents.

(1) When a resident participates in a work program, the resident shall be employed in work and subjected to work conditions where reasonable precautions are taken to ensure the resident's health and safety.
(2) Resident work programs shall be consistent with the resident's individual habilitation plan objectives.
[WSR 99-19-104, recodified as § 388-840-020, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.20.060. WSR 91-17-005 (Order 3230), § 275-41-020, filed 8/9/91, effective 9/9/91.]



388-840-025
Compensation for persons participating in work programs.

(1) The department shall compensate a person participating in a work program at the prevailing minimum wage except when an appropriate certificate has been obtained by the RHC or contract program in accordance with current regulations and guidelines issued under the Fair Labor Standards Act (29 C.F.R. Ch. V, 525 and 529) as amended.
(2) The department shall not be required to compensate a person participating in the shared domiciliary activities of maintaining the person's own immediate household or residence.
[WSR 99-19-104, recodified as § 388-840-025, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.20.060. WSR 91-17-005 (Order 3230), § 275-41-025, filed 8/9/91, effective 9/9/91.]