EXPEDITED RULES
LABOR AND INDUSTRIES
Title of Rule: Chapter 296-127 WAC, Prevailing wage.
Purpose: The purpose of this rule making is to make changes to the prevailing wage rules (chapter 296-127 WAC) based on the enactment of chapter 301, Laws of 2003 (an act relating to job order contracting for public works, SSB [SHB] 1788).
Other Identifying Information: Prevailing wage.
Statutory Authority for Adoption: Chapter 39.12 RCW, RCW 43.22.270, 43.22.051, and chapter 301, Laws of 2003 (SHB 1788).
Statute Being Implemented: Chapter 39.12 RCW.
Summary: See Purpose above.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Rich Ervin, Tumwater, (360) 902-5310; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.
Name of Proponent: Washington State Department of Labor and Industries, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See also Purpose above.
These rule changes are necessary to conform with recent legislative changes. The proposed rules specify that work orders issued under job order contracts pursuant to chapter 301, Laws of 2003, the appropriate prevailing wage rates shall be the rates that are in effect on the date when the individual work order is issued.
Proposal Changes the Following Existing Rules: See
Purpose above.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Carmen Moore, Washington State Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-44001, e-mail moog235@LNI.wa.gov , AND RECEIVED BY March 22, 2004.
January 20, 2004
Paul Trause
Director
OTS-6470.1
AMENDATORY SECTION(Amending WSR 92-01-104, filed 12/18/91,
effective 1/31/92)
WAC 296-127-011
Time for determining prevailing wage.
(1) Prevailing wage rates for all public work contracts will
be determined by the industrial statistician and published on
the first business day of February and the first business day
of August of each year. These rates shall become effective
thirty days after the date of publication. However, the
industrial statistician may revise an established prevailing
wage rate in response to an administrative or judicial finding
overturning the established rate, or at any time necessary to
correct an error, with such revision becoming effective thirty
days after the date of publication. However, in the event of
an emergency as determined by the director of the department,
such revised rate shall take effect upon publication.
(2) The department shall establish deadlines for the submission of:
(a) Completed wage surveys, for inclusion of submitted data in the survey computations;
(b) Newly ratified collective bargaining agreements for inclusion in the semiannual prevailing wage publication;
(c) Notice of collectively bargained wage and benefit adjustments, and/or relevant contractual changes, for inclusion in the semiannual prevailing wage publication; and
(d) Notice of changes in apprenticeship standards and incremental wage rates for inclusion in the semiannual prevailing wage publication.
(3) The applicable prevailing wage rates for a given public works contract will be determined as follows:
(a) For all public works contracts, except janitorial or building service maintenance contracts, the applicable prevailing wage rates shall be the rates that are in effect on the date when bids by prime contractors are due for submission to contract awarding agencies. These rates shall remain in effect for the duration of the contract.
(b) If contracts are not awarded within six months of the date bids are due, the applicable prevailing wage rates shall be those that are in effect on the date the contract is awarded. These rates shall remain in effect for the duration of the contract.
(c) For work orders issued under job order contracts pursuant to chapter 301, Laws of 2003, the appropriate prevailing wage rates shall be the rates that are in effect on the date when the individual work order is issued.
(4) If a contract for public work is not awarded pursuant to bids, the applicable prevailing wage rates shall be those that are in effect on the date when the contract is executed. These rates shall remain in effect for the duration of the contract.
(5) A schedule of the applicable prevailing wage rates must be included by:
(a) Contract awarding agencies, in the bid specifications and contract documents for each contract.
(b) Contractors, in the bid and/or contract documents provided to subcontractors.
[Statutory Authority: Chapters 39.04 and 39.12 RCW and RCW 43.22.270. 92-01-104, § 296-127-011, filed 12/18/91, effective 1/31/92; 88-22-046 (Order 88-22), § 296-127-011, filed 10/31/88. Statutory Authority: RCW 39.12.015, 39.12.060 and HB 795, 1982 1st ex.s. c 38. 82-18-041 (Order 82-28), § 296-127-011, filed 8/27/82.]