WAC 182-508-0090

Effective October 14, 2012

WAC 182-508-0090 PEP Step VI--Determining level of function of physically impaired individuals in a work environment.

In Step VI of the PEP, the agency or the agency's designee reviews the medical evidence provided and determines how an individual's physical impairment prevents that individual from working.  This determination is then used in Steps VII and VIII of the PEP to determine the individual's ability to perform either work they have done in the past or other work.

(1)  "Exertion level" means having strength, flexibility, and mobility to lift, carry, stand or walk as needed to fulfill job duties in the following work levels.  For this section, "occasionally" means less than one third of the time and "frequently" means one third to two thirds of the time.

The following table is used to determine an individual's exertion level.  Included in this table is a strength factor, which is an individual's ability to perform physical activities, as defined in Appendix C of the Dictionary of Occupational Titles (DOT), Revised Edition, published by the U.S. Department of Labor as posted on the Occupational Information Network (O.*NET).

If an individual is able to:   

Then the individual is assigned this exertion level 

(a)  Lift ten pounds maximum and frequently lift or carry lightweight articles. Walking or standing only for brief periods.

Sedentary 

(b)  Lift twenty pounds maximum and frequently lift or carry objects weighing up to ten pounds. Walk six out of eight hours per day or stand during a significant portion of the workday.  Sitting and using pushing or pulling arm or leg movements most of the day. 

 Light

(c)  Lift fifty pounds maximum and frequently lift or carry up to twenty-five pounds. 

 

Medium 

(d)  Lift one hundred pounds maximum and frequently lift or carry up to fifty pounds. 

 Heavy

(2)  "Exertionally related limitation" means a restriction in mobility, agility or flexibility in the following twelve activities:  Balancing, bending, climbing, crawling, crouching, handling, kneeling, pulling, pushing, reaching, sitting, and stooping.  If an individual has exertionally related limitations, then the agency or the agency's designee considers them in determining the individual's ability to work.

(3)  "Functional physical capacity" means the degree of strength, agility, flexibility, and mobility an individual can apply to work-related activities.  The agency or the agency's designee considers the effect or the physical impairment on the ability to perform work-related activities when the physical impairment is assigned an overall severity rating of three or four.  The agency or the agency's designee determines functional physical capacity based on the individual's exertional, exertionally related and nonexertional limitations.  All limitations must be substantiated by the medical evidence and directly related to the diagnosed impairment(s).

(4)  "Nonexertional physical limitation" means a restriction on work activities that does not affect strength, mobility, agility, or flexibility.  Examples are:

(a)  Environmental restrictions which could include, among other things, an individual's inability to work in an area where they would be exposed to chemicals; and

(b)  Workplace restrictions, such as impaired hearing or speech, which would limit the types of work environments an individual could work in.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.