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WAC 296-19A-140

What information must a provider include in a labor market survey?

(1) The following information must be included in a labor market survey that is submitted to the department as documentation in support of a vocational recommendation. This information must be presented in the form of a summary report and accompanied by the results of the individual employer contacts:
(a) The specific job title surveyed and its DOT code. If the DOT code is not an accurate reflection/description of the job, then list the specific job surveyed, the occupational code and the source from which the occupational code was obtained;
(b) The name of the surveyor;
(c) A summary of all contacts and the dates of contact;
(d) A summary of whether or not the industrially injured or ill worker has the physical and mental/cognitive capacities to perform the job, based upon information from the attending physician or from a preponderance of medical information;
(e) A summary of whether the labor market matches the industrially injured or ill worker's work pattern;
(f) A summary of whether the labor market is considered positive or negative, as follows:
(i) If the labor market survey is conducted during an ability to work assessment, a labor market is considered positive if it shows that there are sufficient job opportunities in the worker's relevant labor market to enable the injured worker to become employable.
(ii) If the labor market is conducted during a plan development, a labor market is considered positive if it shows that jobs suitable for the injured worker for the proposed job goal exist in sufficient numbers to reasonably conclude that the worker will be employable at plan completion.
(g) Additional information may be presented in the summary, but only as a supplement to the labor market survey. Additional information may include, but is not limited to, published statistical data regarding occupations and projected job openings.
(2) The following information must be obtained from the individual employer contacts and submitted to the department with the summary report. If the information is not available, the VRC should document attempts made to obtain the information and why it was not available.
(a) The specific job title surveyed;
(b) All specific employer contacts, including their firm names, phone numbers, contact name and job title;
(c) Physical and mental/cognitive demands of the job in relation to the industrially injured or ill worker's physical and mental/cognitive capacities;
(d) Minimum hiring requirements and the skills and training commonly and currently necessary to be gainfully employed in the job;
(e) Work patterns;
(f) Number of positions per job title;
(g) Wage;
(h) Date of last hire;
(i) Number of current openings; and
(j) An indication of whether each contact was considered positive or negative. The provider must include specific documentation to support why a contact was positive or negative for the recommended occupation or proposed vocational goal.
[Statutory Authority: RCW 51.04.020, 51.04.030, 51.32.095, 51.36.100, 51.36.110. WSR 03-11-009, § 296-19A-140, filed 5/12/03, effective 2/1/04; WSR 00-18-078, § 296-19A-140, filed 9/1/00, effective 6/1/01.]
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