BP BHEAD INT S [atlas:bill]

AN ACT Relating to on-the-job training for undertrained, underemployed, or unemployed persons; amending RCW 19.28.510, 19.28.520, 19.28.530, and 39.12.021; adding new sections to chapter 28C.04 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the standard of living, the quality of life, and the future well-being of the people of the state depend upon improving the productivity and competitive position of Washington businesses. The legislature further finds that graduates of the state's secondary schools are not prepared to compete in the emerging world economy and that employers in the state have openings for skilled workers that cannot be filled because of a lack of skilled applicants.

It is the purpose of this chapter to strengthen the state's economy by expanding on-the-job training opportunities for undertrained, underemployed, or unemployed persons and by supporting efforts to increase the supply of skilled workers. It is the intent of the legislature to enhance the career options, qualifications for employment, and earning potential of unskilled workers by building an industry-driven, competency-based on-the-job training system that integrates existing academic, vocational, and technical education programs with worksite training.

NEW SECTION. Sec. 2. (1) The jobs for the future program is hereby established to provide undertrained, underemployed, and unemployed persons with on-the-job training opportunities.

(2) The state board for community and technical colleges shall establish an on-the-job training council to operate the jobs for the future partnership. The board shall provide such technical assistance and staff support as is necessary to carry out the work of the council. The board shall establish rules regarding the terms of office of council members and the filling of vacancies on the council.

(3) The council shall consist of nine voting members selected by the board as follows: Three representatives of business selected from six nominations provided by a state-wide business organization representing a cross-section of industries, both large and small; three representatives of labor selected from nominations provided by a state-wide labor organization representing workers from a cross-section of industries, both large and small; the director of a private vocational or trade school; the president of a community or technical college; and the director of the state board for community and technical colleges. Each voting member may appoint a designee to function in his or her place with the right to vote. A member may vote by proxy for another member who is not present if the present member has written authorization from the absent member to cast such vote. The council shall establish the procedures by which it will carry out its duties under chapter . . ., Laws of 1997 (this act).

(4) The council shall:

(a) Approve occupation-specific competency standards developed in concert with industry, labor, and vocational and technical education professionals;

(b) Approve on-the-job training projects for the jobs for the future partnership consistent with the provisions of section 3 of this act; and

(c) Approve the amount per trainee that is provided via the grant allowed under section 4 of this act to offset the costs of training.

NEW SECTION. Sec. 3. On-the-job training projects selected by the on-the-job training council for the jobs for the future partnership must demonstrate:

(1) The collaboration of employers, employees, and educational institutions in the design of the training;

(2) That the occupation for which training is being provided is a labor demand occupation and that trainees will, upon completion of the training, meet the council-approved competency standards for the occupation for which they are being trained;

(3) That trainees will not displace currently employed workers or replace laid-off workers;

(4) That the training may not be for employment with a skill level and complexity too low to merit training;

(5) That the duration of on-the-job training may not exceed the duration indicated by the specific vocational preparation code developed by the United States department of labor for the occupation for which the training is provided and shall in no case exceed twenty-six weeks;

(6) That at least seventy-five percent of the trainees in the project are undertrained, underemployed, or unemployed and that a minimum of twenty-five percent of the trainees in the project are receiving temporary assistance for needy families or have received such assistance or similar public assistance from the state in the previous twenty-four months;

(7) That the on-the-job training is accompanied, concurrently or otherwise, by an appropriate amount of classroom-based vocational training, remedial education, or both; and

(8) Compliance with such other requirements as the council shall establish.

NEW SECTION. Sec. 4. On-the-job training projects approved for operation by the on-the-job training council are eligible for a grant to offset the training costs associated with the project. The grant amount allowed is equal to either the amount per trainee approved by the council or one thousand five hundred dollars, whichever is less, times the number of trainees in the project.

Sec. 5. RCW 19.28.510 and 1996 c 241 s 6 are each amended to read as follows:

(1) No person may engage in the electrical construction trade without having a current journeyman electrician certificate of competency or a current specialty electrician certificate of competency issued by the department in accordance with this chapter. Electrician certificate of competency specialties include, but are not limited to: Residential, domestic appliances, pump and irrigation, limited energy system, signs, and nonresidential maintenance.

(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade or who is learning the electrical construction trade may work in the electrical construction trade if supervised by a certified journeyman electrician or a certified specialty electrician in that electrician's specialty. All apprentices and individuals learning the electrical construction trade shall obtain an electrical training certificate from the department. The certificate shall authorize the holder to learn the electrical construction trade while under the direct supervision of a journeyman electrician or a specialty electrician working in his or her specialty. The holder of the electrical training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the electrical construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the electrical construction trade shall have their electrical training certificates in their possession at all times that they are performing electrical work. They shall show their certificates to an authorized representative of the department at the representative's request.

(3) Any person who has been issued an electrical training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman electrician or an appropriate specialty electrician who has an applicable certificate of competency issued under this chapter. Either a journeyman electrician or an appropriate specialty electrician shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty electricians working on a job site shall be:

(a) From September 1, 1979, through December 31, 1982, not more than three noncertified electricians working on any one job site for every certified journeyman or specialty electrician;

(b) Effective January 1, 1983, not more than two noncertified individuals working on any one job site for every specialty electrician or journeyman electrician working as a specialty electrician;

(c) Effective January 1, 1983, not more than one noncertified individual working on any one job site for every certified journeyman electrician.

The ratio requirements do not apply to ((a)) trade schools and their programs in the electrical construction trade ((~~established during 1946~~)) if the programs are approved by the licensing process of the work force training and education coordinating board under chapter 28C.10 RCW or if the schools are approved under chapter 28B.85 RCW.

An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical or trade school program in the electrical construction trade in a school approved by the commission for vocational education, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.

(4) The electrical contractor shall accurately verify and attest to the electrical trainee hours worked by electrical trainees on behalf of the electrical contractor.

Sec. 6. RCW 19.28.520 and 1980 c 30 s 3 are each amended to read as follows:

Any person desiring to be issued a certificate of competency as provided in this chapter shall deliver evidence in a form prescribed by the department affirming that said person has met the qualifications required under RCW 19.28.530((~~, as now or hereafter amended~~)). An electrician from another jurisdiction applying for a certificate of competency must provide evidence in a form prescribed by the department affirming that the person has the equivalent qualifications to those required under RCW 19.28.530.

Sec. 7. RCW 19.28.530 and 1988 c 81 s 13 are each amended to read as follows:

(1) Upon receipt of the application, the department shall review the application and determine whether the applicant is eligible to take an examination for the journeyman or specialty certificate of competency.

(a) To be eligible to take the examination for a journeyman certificate the applicant must have:

(i) Worked in the electrical construction trade for a minimum of four years employed full time, of which two years shall be in industrial or commercial electrical installation under the supervision of a journeyman electrician ((~~certified under this chapter~~)) and not more than a total of two years in all specialties under the supervision of a journeyman electrician ((~~certified under this chapter~~)) or an appropriate specialty electrician ((~~certified under this chapter or have~~)); or

(ii) Successfully completed an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade or successfully completed a technical or trade school program in the electrical construction trade in a program that is licensed by the work force training and education coordinating board under chapter 28C.10 RCW or in a school that is approved under chapter 28B.85 RCW.

(b) To be eligible to take the examination to become a specialty electrician the applicant shall have:

(i) Worked in that specialty of the electrical construction trade, under the supervision of a journeyman electrician ((~~certified under this chapter~~)) or an appropriate specialty electrician ((~~certified under this chapter~~)), for a minimum of two years employed full time((,)); or ((~~have~~))

(ii) Successfully completed an approved apprenticeship program under chapter 49.04 RCW for the applicant's specialty in the electrical construction trade((.

Before January 1, 1984, applicants for nonresidential maintenance specialty licenses are eligible to become nonresidential maintenance specialists upon certification to the department that they have the equivalent of two years full-time experience in that specialty field. Persons applying before January 1, 1984, for a journeyman certificate are eligible to take the examination to become journeymen until July 1, 1984, upon certification to the department that they have the equivalent of five years full-time experience in nonresidential maintenance, of which two years shall be in industrial electrical installation)) or successfully completed a technical or trade school program in the applicant's specialty in the electrical construction trade in a program that is licensed by the work force training and education coordinating board under chapter 28C.10 RCW or in a school that is approved under chapter 28B.85 RCW.

(c) Any applicant who has successfully completed a two-year technical or trade school program in the electrical construction trade, in a program that is licensed by the work force training and education coordinating board under chapter 28C.10 RCW, or in a school that is approved ((~~by the commission for vocational education~~))under chapter 28B.85 RCW, may substitute up to two years of the technical or trade school program for two years of work experience under a journeyman electrician. The applicant shall obtain the additional two years of work experience required in industrial or commercial electrical installation prior to the beginning, or after the completion, of the technical or trade school program. Any applicant who has received training in the electrical construction trade in the armed service of the United States may be eligible to take the examination for the certificate of competency. ((~~Any applicant who is a graduate of a trade school program in the electrical construction trade that was established during 1946 is eligible to take the examination for the certificate of competency.~~))

(d) No other requirement for eligibility may be imposed.

(2) The department shall establish reasonable rules for the examinations to be given applicants for certificates of competency. In establishing the rules, the department shall consult with the board. Upon determination that the applicant is eligible to take the examination, the department shall so notify the applicant, indicating the time and place for taking the examination.

Sec. 8. RCW 39.12.021 and 1989 c 12 s 8 are each amended to read as follows:

Apprentice workers employed upon public works projects for whom an apprenticeship or trainee agreement has been registered and approved with the state apprenticeship council pursuant to chapter 49.04 RCW or the federal bureau of apprenticeship and training, must be paid at least the prevailing hourly rate for an apprentice of that trade. Any worker for whom an apprenticeship or trainee agreement has not been registered and approved ((~~by the state apprenticeship council~~)) shall be considered to be a fully qualified journey level worker, and, therefore, shall be paid at the prevailing hourly rate for journey level workers.

NEW SECTION. Sec. 9. Sections 2 through 4 of this act are each added to chapter 28C.04 RCW.