WSR 17-07-107 EMERGENCY RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed March 21, 2017, 10:22 a.m., effective March 21, 2017, 10:22 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: This emergency rule provides for the issuance of temporary permits in lieu of certificates of competency for electricians coming from another state as authorized by RCW 19.28.231, and allows for Canadian Red Seal endorsed journeyperson construction electricians to qualify for the Washington journey level electrician competency examination once they have possessed a Red Seal endorsement for one year. An initial emergency rule (WSR 16-23-129) and CR-101 preproposal statement of inquiry (WSR 16-23-128) were filed on November 21, 2016. This rule making renews the emergency rules while the permanent rule-making process continues.
Citation of Existing Rules Affected by this Order: Amending WAC 296-46B-945.
Statutory Authority for Adoption: RCW 19.28.251.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: There is an increase in construction projects in the state and a shortage of journey level electricians to meet the demand. According to the Bureau of Labor Statistics, the national job outlook for electricians is projected to grow fourteen percent from 2014 to 2024, which is much faster than the average for all occupations. The impacts of the shortage of qualified electricians include: Companies turning down work they would otherwise be able to perform because they do not have a sufficient number of workers; delays in starting new construction projects; current construction projects taking longer to complete resulting in cost overruns; public safety risks associated with the possibility that electrical trainees could work without adequate supervision and that unlicensed electrical work could be conducted.
To help address these issues, the emergency rule provides for the issuance of temporary permits in lieu of certificates of competency for electricians coming from another state as authorized by RCW 19.28.231. Under the emergency rule, electricians who have completed an equivalent state regulated four year journey level electrical apprenticeship program or possess an equivalent journey level electrician certificate obtained by examination in another state and can meet the requirements under RCW 19.28.181 are eligible for a temporary permit. The temporary electrician permit is only valid for ninety days and is not renewable. A temporary electrician can only work under the permit on jobsites where a general electrical contractor licensed in Washington state has requested and received permission to employ temporary electricians from the department's chief electrical inspector. General electrical contractors are required to regularly report the status of temporary electricians.
In addition, the emergency rule allows for Canadian Red Seal endorsed journeyperson construction electricians to qualify for the Washington journey level electrician competency examination if they have possessed a Red Seal endorsement for one year. In order to obtain the Canadian Red Seal endorsement, individuals must have at least four years of electrical construction training and have successfully completed a Red Seal examination. Obtaining and possessing the Red Seal endorsement for one year meets or exceeds the electrical competency examination eligibility requirements in RCW 19.28.191.
The department consulted with the electrical board, which supports the adoption of emergency rules to address the issues identified above. The department filed emergency rules on November 21, 2016 (WSR 16-23-129). On this same day, the department also filed the preproposal statement of inquiry (CR-101) to initiate permanent rule making (WSR 16-23-128). The department is still working with stakeholders to develop the proposed language for the permanent rule making so a second emergency rule is needed to address the issue described above.
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 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, 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 0, Repealed 0.
Date Adopted: March 21, 2017.
Joel Sacks
Director
NEW SECTION
WAC 296-46B-938 Temporary electrician permits.
General.
(1) In lieu of certificate of competency requirements in WAC 296-46B-940(3), the department may issue temporary electrician permits to work in the electrical construction trade.
(2) The department will deny application of a temporary electrician permit if an individual owes money as a result of an outstanding final judgment(s) to the department.
(3) Temporary permits are not allowed for master electricians or specialty electricians.
Temporary electrician permits when coming from out-of-state.
(4) An individual coming from out-of-state must make application and receive approval for a temporary electrician permit to work in the electrical construction trade in the state, or otherwise obtain an electrician certificate of competency.
(a) If an individual can present appropriate evidence of experience in another state similar to RCW 19.28.181 and has completed an equivalent state regulated four-year journey level electrical apprenticeship program or possesses an equivalent journey level electrician certificate obtained by examination in that state, the department will issue an individual a nonrenewable temporary electrician permit valid for ninety days from the original date of issue.
(b) To qualify for a temporary electrician permit, an individual must:
(i) Submit a combined application for a temporary electrician permit and journey level electrician examination using a form prescribed by the department and pay an application fee of one hundred twenty-four dollars (includes original certificate, permit and application processing fee) (sixty-two dollars is nonrefundable after application is submitted); and
(ii) Provide proof of following:
(A) Completion of an equivalent state regulated four-year journey level electrical apprenticeship program in the form of a notarized letter from the apprenticeship training director or state apprenticeship authority stating that they have completed such a program; or
(B) Issuance of an equivalent journey level electrician certificate obtained by examination in another state in the form of a notarized letter from a state licensing authority verifying certification and indicating the number of hours of supervised work experience in the electrical construction trade under direct supervision of a licensed electrician in that state verified in order to qualify for the certification.
(iii) For individuals with an equivalent journey level electrician certificate issued with the verification of less than eight thousand hours of supervised work experience in the electrical construction trade under direct supervision of a licensed electrician, provide appropriate evidence showing work experience equivalent to the eight thousand hours required by RCW 19.28.191.
(iv) For individuals with an equivalent journey level electrician certificate, provide appropriate evidence of the completion of at least ninety-six hours of in-class training on the National Electrical Code, basic electrical theory or the use of the Washington electrical laws and rules.
(c) The applicant must have never possessed a Washington journey level master electrician or journey level electrician certificate of competency or temporary electrician permit.
(d) The applicant must have never failed a Washington journey level electrician certification examination.
(5) A temporary electrician permit is valid only when employed by the contractor named on the temporary electrician permit on a job site where the contractor has received permission to employ temporary electricians from the chief electrical inspector.
(6) If a temporary electrician permit becomes invalid, it will not be extended or renewed.
(7) Temporary electricians are not eligible to supervise electrical trainees.
(8) To work in the electrical construction trade, temporary electricians must possess, wear, and visibly display on the front of the upper body, a valid temporary electrician permit issued by the department.
The permit may be worn inside the outer layer of clothing when outer protective clothing (e.g., rain gear when outside in the rain, arc flash, welding gear, etc.) is required. The permit must be worn inside the protective clothing so that when the protective clothing is removed, the certificate is visible. A cold weather jacket or similar apparel is not protective clothing.
The permit may be worn inside the outer layer of clothing when working in an attic or crawl space or when operating equipment (e.g., drill motor, conduit threading machine, etc.) where wearing the certificate may pose an unsafe condition for the individual.
The permit must be immediately available for examination at all times.
Any person working as a temporary electrician must also possess a government issued photo identification and immediately present that identification when requested by the inspector.
Employing temporary electricians.
(9) Only (01) general electrical contractors are eligible to employ temporary electricians.
(10) Before employing temporary electricians on a job site, an electrical contractor must submit a request in the form of an application prescribed by the department and receive approval from the chief electrical inspector.
(11) A copy of the approval letter to employ temporary electricians must be posted conspicuously at the approved job site and be available to the department and any other authority having jurisdiction.
(12) Approval to employ temporary electricians is limited to the job site address named on the approval letter.
(13) Every fourteen days, beginning on the date of approval to employ temporary electricians on a job site, electrical contractors must report the status of all temporary electricians in their employ on that job site to the chief electrical inspector at: ElectricalProgram@lni.wa.gov. The report must contain:
(a) The submitter's business name;
(b) The submitter's electrical contractor's license number;
(c) The job site name and address; and
(d) Each temporary electrician's name, permit number, date of hire, and permit expiration date.
A current copy of this report must be posted conspicuously at the job site and available to the department and any other authority having jurisdiction.
AMENDATORY SECTION (Amending WSR 14-11-075, filed 5/20/14, effective 7/1/14)
WAC 296-46B-945 Qualifying for master, journey level, specialty electrician examinations.
(1) General.
(a) All applicants must be at least sixteen years of age.
(b) All applicants, from in or out of state, must demonstrate the completion of basic trainee classes described in WAC 296-46B-970 (4)(c)(ii)(D).
(i) Twenty-four hours where two thousand or more; but less than four thousand hours of work experience is required.
(ii) Forty-eight hours where four thousand or more; but less than six thousand hours of work experience is required.
(iii) Seventy-two hours where six thousand or more; but less than eight thousand hours of work experience is required.
(iv) Ninety-six hours where eight thousand or more of work experience is required.
Qualifying for the master electrician examination.
(2) An individual may take the master electrician's certificate of competency examination if the individual meets the requirements described in RCW 19.28.191 (1)(d) or (e).
Qualifying for the master electrician examination from out-of-state.
(3) No credit may be applied from out-of-state toward qualifying for a master electrician certificate of competency examination.
Qualifying for the journey level electrician competency examination.
(4) An individual may take the journey level electrician's certificate of competency examination if the individual held a current electrical training certificate and has worked for an employer who employs at least one certified master electrician, journey level, or specialty electrician on staff and the individual:
(a) Has been employed, in the electrical construction trade, under the direct supervision of a master electrician, journey level electrician or specialty electrician working in the appropriate specialty in the proper ratio, per RCW 19.28.161, for four years (eight thousand hours). Of the eight thousand hours:
(i) At least two years (four thousand hours) must be in new industrial and/or new commercial electrical installation (excluding all work described for specialty electricians or technicians) under the direct supervision of a master journey level electrician or journey level electrician while working for a general electrical contractor; and
(ii) Not more than a total of two years (four thousand hours) may be for work described as an electrical specialty in WAC 296-46B-920(2).
(b) Has completed a four-year apprenticeship program in the electrical construction trade that is registered with the state apprenticeship council while working under the direct supervision of a master journey level or journey level electrician in the proper ratio, per RCW 19.28.161; or
(c) Has completed a two-year electrical construction training program as described in RCW 19.28.191 for journey level electricians, and two years (four thousand hours) of work experience in new industrial and/or new commercial electrical installations (excluding work described for specialty electricians or electrical technicians) under the direct supervision of a journey level electrician while working for a general electrical contractor in the proper ratio, per RCW 19.28.161. See WAC 296-46B-971 for additional training school information.
Electrical construction training hours gained in specialties requiring less than two years (i.e., four thousand hours) will not be credited towards qualification for journey level electrician.
The trainee and their employer and/or apprenticeship training director must attest to the accuracy of all information contained on affidavits of experience and apprenticeship graduation certificates used to verify eligibility for the examination.
Qualifying for a specialty electrician certificate of competency or examination.
(5) After review and approval by the department, an individual may qualify for a specialty electrician's examination and certificate of competency if the individual held a current electrical training certificate, and has worked for an employer who employs at least one certified master journey level electrician, journey level electrician, appropriate master specialty electrician, or appropriate specialty electrician on staff and the individual:
(a) Has been employed, in the electrical construction trade, under the direct supervision of an appropriate electrician in the appropriate specialty as follows:
Table 945-1 Experience Hours
(b) Or has completed an appropriate two-year apprenticeship program in the electrical construction trade that is registered with the state apprenticeship council while working under the direct supervision of an electrician in the appropriate specialty in the proper ratio, per RCW 19.28.161.
Qualifying for a certificate of competency when the Washington electrical work experience is exempt from certification requirements in RCW 19.28.261.
(6) After review and approval by the department, an individual may be granted work experience credit to take the journey level/specialty electrician's competency examination when an original notarized letter of work experience accompanied by verifiable documentation is provided. - See subsection (7) of this section.
For the purposes of this section, exempt work does not include work performed on property owned, in whole or part, by the individual seeking credit.
All exempt individuals must have a valid electrical training certificate when working to gain electrical work experience.
Work experience requested by an individual for telecommunications work must be gained while working for (01) general electrical, (02) residential, or (06) limited energy system electrical contractors as allowed by those scopes of work. When the work was performed, the individual must have a valid training certificate, be under the supervision of an appropriately certified journey level, residential or limited energy electrician, and be in compliance with RCW 19.28.191.
General - Qualifying hours gained by applicants seeking work experience credit without a Washington electrician training certificate.
(7) The type of on-the-job work experience must be similar to the credit being applied for and lawfully gained in the state or other entity where the work was performed. The individual must submit verifiable documentation (e.g., payroll, time sheets, permits, supervision, etc.) that the department may use to ascertain the type of work performed and the number of hours worked for each type (i.e., specialty) of work.
Training hours credited for specialties requiring less than two years (i.e., four thousand hours) may not be credited towards qualification for general journey level electrician.
The documentation must include a complete description of the individual's usual duties with percentages attributed to each type (e.g., wiring, material handling, shop, low voltage, etc.)
The department may reduce the number of hours allowed if the:
(a) Individual did not have supervision during the training period;
(b) Training hours are not related to electrical construction;
(c) Training hours are not related to the specialty being applied for;
(d) Documentation submitted by the individual does not fully verify the requested work experience; or
(e) Work credit was not lawfully gained.
Training school credit.
(8) No more than fifty percent of the minimum work experience needed to qualify for specialty electrician certification is allowed for any training school program (e.g., a specialty requiring two thousand hours of minimum required work experience may receive no more than one thousand hours credit from an electrical construction training program).
See RCW 19.28.191 (1)(h) for training school credit allowed for journey level applicants.
See WAC 296-46B-971 for additional information on training schools.
Qualifying for the journey level/specialty electrician competency examination when work was performed in a state requiring electrician certification.
(9) After review and approval by the department, an individual may be granted on-the-job work experience towards qualifying to take the journey level/specialty electrician's competency examination for hours worked in the other state when the state certifies to the department:
(a) The type and number of hours of work performed within the state. Credit will not be allowed for work not done within the certifying state.
(b) That the work was legally performed under the other state's licensing and certification requirements; and
(c) The other state's certificate of competency was obtained by examination.
If the experience is for other than a new commercial or industrial installation, the individual must identify the specialty credit desired and provide verifiable documentation identifying the other state's allowed scope of work for the specialty, see subsection (7) of this section.
Qualifying for the journey level/specialty electrician competency examination when work was performed in a state that does not require electrician certification.
(10) After review and approval by the department, an individual may be granted work experience credit to take the journey level/specialty electrician's competency examination when an original notarized letter of work experience accompanied by documentation, see subsection (7) of this section, that can be used to verify the individual has worked the hours being requested is provided by:
(a) An appropriately state licensed electrical contractor;
(b) Registered apprenticeship training director;
(c) Nationally recognized contractor/labor organization; or
(d) The individual's lawful employer.
Military/shipyard experience.
(11) After review and approval by the department, an individual who has worked in the electrical construction trade performing work described in WAC 296-46B-920 while serving in the armed forces of the United States may be eligible to take the examination for the certificate of competency as a journey level or specialty electrician. Credit may be allowed for hours worked or training received.
If an individual has military experience in a specialized electrical field (e.g., rating) that is similar to a specialty electrician category listed in WAC 296-46B-920, credit may be allowed toward the appropriate specialty certificate. Nuclear, marine, shipyard, shipboard, radar, weapons, aeronautical experience, or similar experience may be acceptable for no more than fifty percent of the minimum required work experience for qualifying for electrician examination.
The department will evaluate and determine whether the submitted experience is related specifically to the electrical construction/maintenance trade regulated by chapter 19.28 RCW.
Experience in ((another country)) other countries.
(12) After review and approval by the department, and if an individual has a journey level electrician certificate from a country outside the United States or Canada that requires that at least four years of electrical construction training and certification is obtained by examination, the individual may be eligible for four thousand hours of the specialty credit allowed towards the qualification to take the Washington journey level electrician examination.
No more than two years of the required training to become a Washington journey level electrician may be for work described for specialty electricians or technicians in WAC 296-46B-920. In addition to the maximum of four thousand hours credit that may be allowed by this subsection, an additional four thousand hours of new commercial/industrial experience must be obtained using a training certificate in the state while under the supervision of a master journey level electrician or journey level electrician.
Documentation substantiating the individual's out of country experience must be submitted in English.
(13) Out of country experience credit is not allowed toward a specialty electrician certificate.
(14) Canadian journeyperson construction electricians with at least four years of electrical construction training who have obtained a construction electrician Red Seal endorsement by successfully completing a Red Seal examination are eligible to take the examination for the journey level electrician certificate of competency if they have possessed a Red Seal endorsement for one year.
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