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COMMENT DUE DATE:  

January 5, 2010

DATE: 

December 8, 2009

Kevin Sharp    HRMD    (405) 521-6829

Dena Thayer   PMU Manager   (405) 521-4326

Pat McCracken   PMU Specialist   (405) 522-1017

RE:  

APA WF 09-21

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org

The proposed policy is  Permanent .  This proposal will go to the Commission meeting on

CHAPTER 2. ADMINISTRATIVE COMPONENTS

Subchapter 1. Human Resources Management Division (HRMD)

Part 5. Administrative Procedures

OAC 340:2-1-58 [AMENDED]

(Reference APA WF 09-21)

 

SUMMARY:Proposed revisions to OAC 340:2-1-58:(1) clarify how OKDHS will operate and deliver services to the citizens of Oklahoma during hazardous weather conditions and temporary office closings due to imminent peril or unsafe conditions; and (2) remove language that is internal OKDHS procedures.

PERMANENT RULEMAKING APPROVAL IS REQUESTED.

LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 840-2.20A of Title 74 of the Oklahoma Statutes.

OKLAHOMA DEPARTMENT OF HUMAN SERVICES

Rule Impact Statement

To:Dena Thayer, Programs Administrator

Policy Management Unit

From:Diane Haser-Bennett, Division Director

Human Resources Management Division

Date:09-18-09

Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS

Subchapter 1. Human Resources Management Division (HRMD)

Part 5. Administrative Procedures

OAC 340:2-1-58 [AMENDED]

(Reference APA WF 09-21)

Contact: Kevin M. Sharp, Prgms. Admin. HRMD 521-6829

A.Brief description of the purpose of the proposed rule:

Purpose.The proposed revisions to Subchapter 1 of Chapter 2 amend the rule to:(1) clarify how Oklahoma Department of Human Services (OKDHS) will operate and deliver services to the citizens of Oklahoma during hazardous weather conditions and temporary office closings due to imminent peril or unsafe conditions; and (2) remove language that is internal OKDHS procedures.

Strategic Plan impact.The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes.

Substantive changes.Proposed revisions to OAC 340:2-1-58:(1) clarify how OKDHS will operate and deliver services to the citizens of Oklahoma during hazardous weather conditions and temporary office closings due to imminent peril or unsafe conditions; and (2) remove language that is internal OKDHS procedures.

Reasons.The rule revision is intended to clarify and improve readability of the rule and remove language that is internal OKDHS procedure.

Repercussions.The revision will positively impact the clarity of the rule.

Legal authority.Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 840-2.20A of Title 74 of the Oklahoma Statutes.

Permanent approval.Permanent rulemaking approval is requested.

B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons most likely to be affected by the proposed rules are the general public. The affected classes of persons will bear no costs associated with implementation of the rules.

C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are the general public.

D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each: The revised rules do not have an economic impact on the affected entities. There are no fee changes associated with the revised rules.

E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revised rules will result in improved delivery of information on OKDHS programs and services under hazardous weather conditions and temporary office closings due to imminent peril or unsafe conditions.

F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.

G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or nonregulatory methods or less intrusive methods for complying with this provision rules.

I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed rules will maintain compliance with state law and have a positive impact on the health, safety, and well-being of the citizens of Oklahoma.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: The rule is necessary to clarify the OKDHS compliance with state statute.

K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared 09-18-09.Modified 10-13-09.

SUBCHAPTER 1. HUMAN RESOURCES MANAGEMENT DIVISION (HRMD)

 

PART 5. ADMINISTRATIVE PROCEDURES

 

340:2-1-58. Reduced services or and temporary office or facility office closures

(a) Absences due to hazardous weather conditions.Reduction of services and authorized absences may be granted to Oklahoma Department of Human Services (OKDHS) employees designated not responsible for staffing essential functions during periods of hazardous weather, which may threaten the safety of employees.[OAC 530:10-15-72]

(1) Reduction of servicesdue to hazardous weather conditions.Decisions concerning reduction of services is based Based on information obtained from the Office of Personnel Management (OPM) and authorization received from the Oklahoma Department of Public Safety (DPS), and authorized by the Secretary of Safety and Security the Oklahoma Department of Human Services (OKDHS) may reduce services available to clients during hazardous weather conditions.

(A)(1) Employees responsible for staffing essential OKDHS functions.OKDHS is responsible for maintaining its essential functions and client services regardless of weather conditions. ¢ 1Employees designated as responsible for staffing essential OKDHS functions are not eligible for enforced leave for absences due to hazardous weather conditions and are charged either annual leave or leave without pay as appropriate.Neither are OKDHS Fair Labor Standards Act (FLSA) non-exempt employees responsible for staffing essential functions authorized to use compensatory time or a workweek adjustment for absences during hazardous weather conditions.Employees designated as staffing essential OKDHS functions and who are to report for duty are:

(2) Services provided by OKDHS hot lines, institutions, shelters, and other residential care facilities are not reduced during hazardous weather conditions.

(i) all employees of all institutions, shelters, group homes, and other residential care facilities;

(ii) all supervisory employees for county and area offices, unless otherwise designated by the division director;

(iii) all OKDHS Executive Team members;

(iv) senior staff for state office locations, unless otherwise designated by the division director;¢ 1 and

(v) other employees as designated in writing by the OKDHS Director or appropriate senior administrator or division director.¢ 1

(B) Employees not responsible for staffing essential OKDHS functions.All other employees not specifically identified in (a)(1)(A)(i) through (iv) of this Section or designated to report for duty by their division director are encouraged to report to work if possible.Employees are approved for automatically excused absences when an official announcement has been made to reduce OKDHS services due to hazardous weather conditions.¢ 2

(2) Reduction of services in the Oklahoma City metropolitan area.Decisions concerning reduction of services due to hazardous weather conditions in the seven-county Oklahoma City metropolitan area, Canadian, Cleveland, Lincoln, Logan, McClain, Oklahoma, and Pottawatomie counties, are announced by OPM.¢ 3

(3) Late arrivals to work or early departures from work. Due to hazardous weather conditions, the Secretary of Safety and Security may authorize the delayed arrival to work or the early departure of employees from work.n 4

(b) Temporary office closings due to imminent peril or other unsafe working conditions.

(1) Offices closed due to imminent peril.If an An OKDHS office must may be temporarily closed because of an imminent peril threatening the public health, safety, or welfare of employees, or the public, OKDHS employees scheduled to work in the closed area may be either placed on paid administrative leave or assigned to work in another location.¢ 5 - 72

(2) Institutions and residential care facilities closed due to imminent peril.If all All or a portion of an OKDHS institution or residential care facility must may be closed because of an imminent peril threatening the health, safety, or welfare of residents,. clients, employees, or the public, residents Residents or clients are relocated to other institutions or facilities as appropriate.¢ 7 - 92

(3) Applicable policies upon reopening of closed location.Paid administrative leave is accorded affected employees only when a state office is closed in accordance with OAC 530:10-15-70 and this policy.Upon the reopening of a closed office, institution, or residential care facility, normal OKDHS policies governing leave and OKDHS procedures apply.¢ 10

INSTRUCTIONS TO STAFF 340:2-1-58

1.(a) Senior staff is defined as staff members reporting directly to a member of the Refer to OKDHS:2-1-33.1 regarding Oklahoma Department of Human Services (OKDHS) Executive Team regulations for procedures and employee responsibilities when services are reduced due to hazardous weather conditions.Also refer to Merit Rules OAC 530:10-15-70 and 530:10-15-71.

(b) Refer to DHS:2-1-3 for definition of senior administrators.

2.(a) Such absences are charged to:

(1) enforced leave when such leave is available;

(2) accumulated compensatory time balances;

(3) accumulated annual leave; or

(4) the leave may be made up through workweek or work period adjustments consistent with the Fair Labor Standards Act (FLSA), if office hours and schedules permit.

(b) More than one option may be exercised to account for an automatically authorized absence.If the absence cannot be accounted for by exercising these options, leave of absence without pay is utilized.

(c) Employees on previously approved leave status before an official announcement is made to reduce OKDHS services remains on such approved leave status.

3.(a) For OKDHS county offices outside the seven-county Oklahoma City metropolitan area, the Field Operations Division (FOD) director is authorized to make the decision to reduce OKDHS services in county offices after consultation with the respective area director and county directors.The FOD director notifies the OKDHS Director and the Secretary of Safety and Security in writing of closures outside the seven-county Oklahoma City metropolitan area.In counties containing more than one OKDHS office, if the courthouse is closed by the county commissioners and the OKDHS county office remains open, employees whose duty station is at the courthouse will go to the OKDHS county office to report for work.

(b) Due to the nature of services provided by OKDHS institutions, shelters, and other residential care facilities, their services are not reduced during inclement weather.

(c) Decisions concerning the reduction of services due to hazardous weather conditions in OKDHS offices outside of the seven-county Oklahoma City metropolitan area and decisions for locations other than FOD offices or OKDHS institutions, shelters, and other residential care facilities are made by the respective senior administrator or division director after consultation with the area director, if applicable, and the local office administrator. The senior administrator or division director notifies the Secretary of Safety and Security in writing of closures outside the seven-county Oklahoma City metropolitan area.

4.(a) In the seven-county metropolitan Oklahoma City area, essential staff are charged annual leave or leave without pay for hours not worked due to arriving later than the beginning of their normal workday or departing earlier than the end of their normal workday.

(b) In the seven-county metropolitan Oklahoma City area, non-essential staff allowed to arrive late or leave early may choose to be charged enforced leave or annual leave.Staff, which is both non-essential and FLSA non-exempt, may also choose to be charged compensatory time or be afforded a workweek adjustment upon approval from the appropriate supervisor.

(c) Employees of all OKDHS institutions, shelters, and other residential care facilities are to arrive and depart work as scheduled.

(d) Decisions concerning employees arriving late or departing early due to hazardous weather conditions in OKDHS offices outside of the seven-county Oklahoma City metropolitan area and decisions for locations other than FOD offices or OKDHS institutions, shelters, and other residential care facilities are made by the respective senior administrator or division director after consultation with the division area director, if applicable, and the local office administrator.

52.(a)Examples of reasons for temporarily closing an office, institution, or residential care facility are:

(1) leaks of toxic fumes in buildings;

(2) life threatening damage to building structures;

(3) emergency operations that would be disrupted by the presence of the usual work force; or

(4) any other condition that poses a significant threat to the safety of clients, residents, or the work force.

(b) Refer to OKDHS:2-1-33.1 regarding OKDHS regulations for procedures and employee responsibilities when offices or facilities are temporarily closed.Also refer to Merit Rules OAC 530:10-15-70 and 530:10-15-71.

6.(a) Requests to close an office are made by the office administrator to the appropriate senior administrator or division director who, in turn, requests approval from the OKDHS Director to close the office.

(b) In FOD county offices, county directors make the request to the area director who contacts the senior administrator who requests approval from the OKDHS Director to close the office.

(c) Employees on paid administrative leave pursuant to this policy are on stand-by or on-call status during their normal duty hours.

(d) The appropriate senior administrator or division director instructs the employees in the closed office, institution, or residential care facility to return to their normal duties upon the end of the unsafe working condition or may respond to the demands of the situation as necessary.

7.OKDHS employees scheduled to work in the closed area are either placed on paid administrative leave or assigned to work in another location.

8.Requests to close all or part of an institution or residential care facility are made by the institutional superintendent or facility administrator to the appropriate senior administrator or division director who, in turn, requests approval from the OKDHS Director to close the office.

9.Employees on paid administrative leave pursuant to this policy are on stand-by or on-call status during their normal duty hours.

10.The appropriate senior administrator or division director instructs the employees in the closed institution or residential care facility to return to their normal duties upon the end of the unsafe working condition or may respond to the demands of the situation as necessary.

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