What is a Good Faith Effort?
Language of the Law
"Good Faith Effort" is defined in the updated CTR Law as follows: "Employers implementing commute trip reduction programs are expected to undertake good faith efforts to achieve the goals outlined in RCW 70.94.527 (4). Employers are considered to be making a good faith effort if the following conditions have been met:
- the employer has met the minimum requirements identified in RCW 70.94.531; and
- the employer is working collaboratively with its jurisdiction to continue its existing program or is developing and implementing program modifications likely to result in improvements to the program over an agreed upon length of time."
Section 4. RCW 70.94.534 and 1991 c 202 s 14
How is Good Faith Effort Used?
An employer's good faith effort is used as an evaluation tool by the jurisdiction, during the annual program review process, to determine an employer's level of commitment to the goals of the Commute Trip Reduction program.
- If an employer is making a good faith effort, but isn't likely to meet applicable goals, the jurisdiction shall work collaboratively with the employer to continue the existing program or make modifications to the worksite's CTR program
- If an employer is not making a good faith effort and isn't likely to meet applicable goals, the jurisdiction shall work collaboratively with the employer to propose modifications and shall direct the employer to revise the program within 30 days to incorporate the modifications
Good Faith Effort & Civil Penalties
- Failure of an employer to reach goals is NOT a cause for civil penalties
- Civil penalties ARE imposed for non-compliance with the CTR Law and local Spokane County CTR Ordinance. Specifically:
- Failure to develop and/or submit a complete CTR Program by the applicable deadlines.
- Failure to implement an approved CTR Program by the applicable deadlines.
- Failure to modify an unacceptable CTR Program by applicable deadlines.
- Failure to identify itself to the County within 180 days from the effective date of this Ordinance.
- Failure of a newly-affected employer to identify itself to the County within 180 calendar days of becoming an affected employer.
- Failure to make a good faith effort
- Civil penalties in Spokane County for CTR violations are:
- $100 per working day for first violation
- $250 per working day for subsequent violations
Indicators of a Good Faith Effort
- Meeting the minimum requirements of the CTR Law
- Appoint Employee Transportation Coordinator (ETC) and post name/phone number prominently
- Annual information distribution to all employees about employer's CTR program
- Develop and implement CTR Program with at least one program element designed to reduce SOV commuting
- Report annually to jurisdiction
- Measure results in goal years
- Make a good faith effort to achieve CTR goals
- Working collaboratively with Spokane County
- Appoint Employee Transportation Coordinator
- On-going communication
- Submit required information and complete reports on time
- Respond to requests from Spokane County
- Follow through on past commitments
- Encourage site visits or on-site program assistance
- Accept assistance/suggestions for program improvement
- Participating in CTR activities
- Training opportunities
- Networking lunches
- Regional promotions and special events
- Performing worksite actions
- Incrementally improving program and making continued progress toward goals
- Implementing required and/or suggested program changes
- Decision makers aware, involved and supportive of program
- Adding ETC responsibilities to job description
- ETC physically located in place accessible to employees