WSR 10-21-088

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed October 20, 2010, 8:19 a.m. , effective January 1, 2011 ]


Effective Date of Rule: January 1, 2011.

Purpose: The amendment allows reporting a worker in the "Construction: Superintendent or project manager" classification (WAC 296-17A-4900) by construction project. This is consistent with the description for "Construction: Superintendent or project manager" in WAC 296-17-31018 that states "performs no construction labor at the construction site or project location." It will also allow smaller employers previously excluded by the more restrictive "no division of hours" clause to use the superintendent and project manager classification.

Citation of Existing Rules Affected by this Order: Amending WAC 296-17A-4900, Construction: Superintendent or project manager.

Statutory Authority for Adoption: RCW 51.16.035, 51.04.020.

Adopted under notice filed as WSR 10-13-133 on June 22, 2010.

Changes Other than Editing from Proposed to Adopted Version: After the hearing, the language was modified to be gender-neutral and references to reporting by hours were removed, but there was no substantive change to the proposal presented at the hearing.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: October 20, 2010.

Judy Schurke

Director

OTS-3238.3


AMENDATORY SECTION(Amending WSR 07-01-014, filed 12/8/06, effective 12/8/06)

WAC 296-17A-4900   Classification 4900.  


4900-00 Construction: Superintendent or project manager

((Applies to those employees, of general or specialty construction contractors, whose job duties are exclusively that of construction superintendents or project managers. Construction superintendents spend some time in an office and spend the remainder of time visiting various job sites to confer with construction foreman to keep track of the progress occurring at each construction site or project location. Project managers are generally stationed at the construction site or project location and confined to a temporary type of office to schedule activities and arrival of supplies such as the delivery of iron, steel, rebar, lumber, concrete ready mix, concrete pump truck services, and cranes.

This classification excludes construction superintendents or project managers who are employed by a business that specializes in offering construction management and consulting services. These businesses do not do any of the actual construction or erection activities and are to be reported separately in classification 4901.

Special notes: This classification is a special exception classification and as such is not treated as nor subject to normal rules of the construction classifications. This classification is applicable only to construction superintendents or project managers who have no direct control over work crews and do not perform construction labor at the construction site or project location. A superintendent or project manager performing duties subject to this classification who also is engaged in operating equipment, performing manual labor, or who directly supervises a work crew at the construction site or project location is excluded from this classification. They are to be reported separately in the applicable construction or erection classification assigned to their employer without any division of hours. A division of hours is not permitted between classification 4900 and any other classification. Under no circumstances can this be the only classification assigned to a contractor, as a basic construction classification must also be assigned.)) This is a special exception classification and it can only be assigned to an account along with another basic construction classification. It applies to employees of a construction company with administrative oversight or management duties. It permits working at a construction site when overseeing a project if not directly taking part in any construction operations. The work can include:

Consulting with engineers, architects, or other design experts;

Managing supervisors and coordinating subcontractor schedules;

Ordering and scheduling equipment and supplies;

Inspection of work.

This classification excludes anyone who performs any of the following duties:

Directly supervising the work of employees or independent contractors;

Performing manual labor;

Operating or repairing equipment;

Delivering supplies or equipment.

If all of these conditions are not met, the superintendent or project manager must be reported in the basic classification applicable to the construction project. A construction project is defined by a unique location and unique building permit.

[07-01-014, recodified as 296-17A-4900, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.04.020 and 51.16.035. 04-18-025, 296-17-64999, filed 8/24/04, effective 10/1/04. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, 296-17-64999, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, 296-17-64999, filed 8/28/98, effective 10/1/98; 96-12-039, 296-17-64999, filed 5/31/96, effective 7/1/96.]

Washington State Code Reviser's Office