WSR 04-12-068

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed June 1, 2004, 9:35 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-06-063.

Title of Rule: Chapter 296-127 WAC, Prevailing wage.

Purpose: This rule making clarifies the scope of work description for outside telephone line construction. The proposed changes specify that asphalt and other road repair and replacement are not covered under this scope of work description.

Statutory Authority for Adoption: Chapter 39.12 RCW.

Statute Being Implemented: Chapter 39.12 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Josh Swanson, Tumwater, (360) 902-5330; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.

Name of Proponent: 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 Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department considered whether the proposed prevailing wage rules are subject to the Regulatory Fairness Act and has determined that they do not require a small business economic impact statement because the costs associated with the proposed changes are exempted by law (see RCW 19.85.025 referencing RCW 34.05.310(4)) from the small business economic impact requirements and do not impose a more than minor economic impact on business.

RCW 34.05.328 applies to this rule adoption. Significant rule-making criteria does not apply to these rule changes because the exempt criteria outlined in RCW 34.05.328(5) was met.

Hearing Location: Department of Labor and Industries, 7273 Linderson Way S.E., Room S118, Olympia, WA 98504, on July 7, 2004, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Christine Swanson by July 1, 2004, at (360) 902-6411 or copc235@lni.wa.gov for special assistance/accommodation needs.

Submit Written Comments to: Christine Swanson, 7273 Linderson Way S.E., Olympia, WA 98504-4400, e-mail copc235@lni.wa.gov, fax (360) 902-5292.

Date of Intended Adoption: August 3, 2004.

June 1, 2004

Paul Trause

Director

OTS-7208.1


AMENDATORY SECTION(Amending WSR 00-15-077, filed 7/19/00, effective 7/19/00)

WAC 296-127-01377   Outside telephone line construction.   For the purpose of the Washington state public works law, chapter 39.12 RCW, outside telephone line construction includes, but is not limited to, the following work:

(1) Head groundman. Operates light equipment and drives vehicles.

(2) Telephone equipment operator - light. Operates backhoes, trenching machines and small cable plows.

(3) Telephone equipment operator - heavy. Operates bulldozers, trenchers, backhoes, cable plows and plows pulling other equipment.


Note: This scope of work description does not apply to the compaction and resurfacing of trenches or ditches associated with asphalt and other road repair and replacement.

[Statutory Authority: Chapter 39.12 RCW, RCW 43.22.270 and 43.22.051. 00-15-077, 296-127-01377, filed 7/19/00, effective 7/19/00.]

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