WSR 16-14-095

PROPOSED RULES

[Filed July 5, 2016, 11:55 a.m.]

Preproposal statement of inquiry was filed as WSR 16-02-091.

Title of Rule and Other Identifying Information: WAC 296-127-01366 Ready mix truck drivers.

Hearing Location(s): Department of Labor and Industries (L&I), 7273 Linderson Way S.W., Room S119, Tumwater, WA 98501, on August 19, 2016, at 9 a.m.

Date of Intended Adoption: September 20, 2016.

Submit Written Comments to: Beverly Clark, P.O. Box 44400, Olympia, WA 98504-4400, e-mail Beverly.Clark@Lni.wa.gov, fax (360) 902-4988, by August 19, 2016. Written comments submitted by fax must be ten pages or less.

Assistance for Persons with Disabilities: Contact Beverly Clark by 5 p.m. on August 1, 2016, at Beverly.Clark@Lni.wa.gov or (360) 902-6272.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule will adopt a new rule as a prevailing wage scope of work description for ready mix truck drivers. This trade and occupation classification has not previously had any scope of work description but does have published prevailing rates of wage. Prior to 2000, the prevailing wage scope of work descriptions (if any) were promulgated by the industrial statistician on an as needed basis (and not adopted as administrative rule). No scope was promulgated for ready mix truck drivers.

Reasons Supporting Proposal: Although distinguishing who is driving a concrete mixer truck on a public works [project] has not been overly difficult even absent a scope of work description, clearly identifying the extent of this trade and occupation will assist in better identifying the exact universe [universal way] to survey in order to establish the prevailing rate of wage for this trade and occupation classification as well as having a defensible description of the trade for any wage compliance matters. The prevailing wage program worked with the prevailing wage advisory committee, representation from business, labor, public agencies, and participation from the public, as well as the Teamsters, and the Washington Aggregates and Concrete Association, regarding development of this draft scope of work description for ready mix truck drivers. Consensus was obtained to move this draft forward into rule making.

Statutory Authority for Adoption: Chapter 39.12 RCW.

Statute Being Implemented: Chapter 39.12 RCW.

Name of Proponent: L&I, governmental.

Name of Agency Personnel Responsible for Drafting: Jim Christensen, Tumwater, Washington, (360) 902-5330; Implementation and Enforcement: Elizabeth Smith, Tumwater, Washington, (360) 902-6320.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department's proposed rules are subject to the Regulatory Fairness Act, but they do not require a small business economic impact statement because the proposed changes do not impose more than a minor cost (see RCW 19.85.025 030 [19.85.030] (1)(a)). The changes in the proposed rule do not place any new obligations on employers and they do not require employers to incur additional costs.

A cost-benefit analysis is not required under RCW 34.05.328. The changes in the proposed rule will not alter any current agency practice or interpretation of law. The changes in the proposed rule do not place any new obligations on employers and they do not require employers to incur additional costs.

July 5, 2016

E. LaPalm

for Joel Sacks

Director