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What is a "Good Faith" Effort?
A "Good Faith" Effort is defined in the 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:
a) the employer has met the minimum requirements identified in RCW 70.94.531; and
b) 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
The Commute Trip Reduction Law
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 reduction goals of the CTR Law.
- 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.
Indicators of a Good Faith Effort
The following are indicators to help a jurisdiction determine whether an employer is making a "Good Faith Effort" toward meeting the reduction goals.
- The top indicator of "Good Faith Effort" is continued progress toward trip reductions.
- Meeting the minimum requirements of the CTR Law.
- Working collaboratively with the jurisdiction:
- On-going communication
- Submit required information and complete reports on time
- Respond to requests from local jurisdiction
- Follow through on past commitments
- Encourage site visits or on-site program assistance
- Act on assistance/suggestions for program improvement
- Participating in CTR activities:
- Training opportunities
- Networking events
- County promotions and special events
- Performing worksite actions:
- Incrementally improving the program and making continued progress toward goals
- Implementing required and/or suggested program changes
- Decision-makers are aware, involved and supportive of the program
- Adding ETC responsibilities to the job description
- Assignment of ETC duties to a person/position that is capable of performing the varied required tasks associated with the program
Good Faith Effort and Civil Penalties
- As long as an employer is making a good faith effort to implement its CTR program, it cannot be assessed civil penalties. Failure of an employer to reach goal is NOT a cause for civil penalties.
- Civil penalties may be imposed for non-compliance with the CTR Law and the jurisdiction's CTR Ordinance.
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Programs > Transportation > Commutes > Goals and Requirements > Good Faith Effort
