WSR 09-19-123

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES
(Apprenticeship and Training Council)

[ Filed September 22, 2009, 12:36 p.m. ]

Subject of Possible Rule Making: Chapter 296-05 WAC, Apprenticeship rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 49.04 RCW and RCW 19.285.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The apprenticeship system in this state is authorized under the federal system of apprenticeship, specifically 29 C.F.R. Part 29 and Part 30. The federal government recently published updated rules and gave the states authorized under the federal system two years from December 28, 2008, to come into compliance. Rule making is needed to address past policies that address the federal changes.

Additionally, Initiative 937 established an incentive to utilize state registered apprentices when entities construct/build renewable energy projects. The Washington state apprenticeship and training council, under I-937 is tasked with setting the level of apprentice utilization for such projects and verifying that such levels are achieved through a review process. With the growing emphasis on renewable energy resources, the rules need to be amended to outline the processes and procedures through which entities can obtain certification of apprentice utilization levels [that] are necessary.

Additional housekeeping change may be made to the rules.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor, Office of Apprenticeship, Training, Employer and Labor Services, which had federal apprenticeship oversight responsibility, along with general administration, Washington state department of transportation, and the office of superintendent of public instruction will be provided a copy of the proposed rules.

Process for Developing New Rule: Parties interested in these rules may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments and/or testimony during the public hearing and comment process. Public hearings will be held after the proposal is filed.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Sally Elliott, Department of Labor and Industries, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-6411, fax (360) 902-5292, e-mail yous235@lni.wa.gov.

September 22, 2009

Dave D'Hondt, Chair

Apprenticeship and Training Council

Washington State Code Reviser's Office