Subject of Possible Rule Making: WAC 296-127-01340 Laborers in utilities construction and 296-127-01389 Utilities construction (underground sewers and water lines).

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 39.12 RCW and RCW 43.22.270.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department received a petition to repeal the scope of work definitions for utilities construction and laborers in utilities construction. The petition states the repeal of these scopes of work would eliminate confusion for wage survey respondents, would allow the department to calculate a more accurate wage rate, and would be consistent with references from the federal Davis Bacon Act. The department will work with interested parties in deciding whether to repeal of the scope of work definitions for utilities construction and laborers in utilities construction.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agencies regulate this subject.

     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.

     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.

August 16, 2010

Judy Schurke

Director

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