When determining how to provide effective and adequate language service, the following federal four factors (Federal Register, Vol. 66, No.11, January 17, 2001) must be considered:
A. The number or proportion of Limited English Proficiency (LEP) individuals eligible to participate or likely to be directly or significantly affected by the program or activity.
B. The frequency of contact a participant or beneficiary is required to have with the program or activity.
C. The nature and importance of the program or activity to the participant or beneficiary.
D. The resources available to the Department in carrying out the program or activity.
In addition, the Department of Labor and Industry will follow the US Department of Justice's Vital Documents Question and Answer guidelines.
"Essential Languages" are those languages spoken by a "significant LEP population" as identified in this paragraph.
An annual assessment to determine the Department's programs and offices that serve a "significant LEP population" and the corresponding II essential language(s)" must be conducted by a designated staff member at the Bureau level. A program or an office serves a “significant LEP population" under the following conditions:
A. It is located or serves a county in which 5% or more of the population speak a particular language at home and speak English II not well or below" according to the 2000 Census data.
B. It is located or serves a county in which 1,000 or more persons speak a particular language at home and speak English II not well or below" according to the 2000 Census data.
C. Five percent or more of its customers register for department programs or services indicating they require assistance in a particular language, in a given program service year.
Thus, the office or program must provide vital documents and increased language services to “significant LEP populations" in the “Essential Language(s)” as established in this policy.
The designated LEP Program Contact will determine when new programs or activities should be conducted in a LEP customer's language, or when new forms or notices should be published in a LEP customer's language.
Field office managers and administrators will notify the designated LEP Program Contact of all new local programs or activities, including the use of any proposed redesigned local or One Stop forms in order that a decision be made about providing the new program, form(s), or information in a "Significant LEP Population Essential Language".