The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Applicable occupation" means the specific trade or occupation for the work performed under this chapter as defined by the scope of work description under chapter 39.12 RCW and associated rules, or defined by the standard occupational classification description.

(2) "Apprenticeable occupation" means an occupation for which an apprenticeship program has been approved by the Washington state apprenticeship and training council pursuant to chapter 49.04 RCW.

(2) (3) "Department" means the department of labor and industries.

(3) (4) "On-site work" does not include ship and rail car support activities; environmental inspection and testing; security guard services; work which is performed by an original equipment manufacturer for warranty, repair, or maintenance on the vendor's equipment if required by the original equipment manufacturer's warranty agreement between the original equipment manufacturer and the owner; industrial cleaning not related to construction; safety services requiring professional safety certification; nonconstruction catalyst loading, regeneration, and removal; chemical purging and cleaning; refinery by-product separation and recovery; inspection services not related to construction; and work performed that is not in an apprenticeable occupation.

(4) (5) "Prevailing hourly wage rate of wage" has the same meaning as provided for "prevailing rate of wage" in RCW 39.12.010.

(5) (6) "Registered apprentice" means an apprentice who meets all the following criteria:

(a) Is registered in an apprenticeship program approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW;

(b) Has received written notification from the employer identifying his or her applicable occupation and wage rates prior to performing work, a copy of which must be maintained in the employee's personnel file by the employer; and

(c) Is only performing work within the applicable occupation of the apprenticeship program in which he or she is registered.

(6) (7) "Skilled and trained workforce" means a workforce that meets both of the following criteria:

(a) All the workers are either registered apprentices or skilled journeypersons; and

(b) The workforce meets the apprenticeship graduation and approved advanced safety training requirements established in RCW 49.80.030.

(7) (8) "Skilled journeyperson" means a worker who meets all of the following criteria:

(a) The worker either graduated from an apprenticeship program for the applicable occupation that was approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW, or has at least as many hours of on-the-job experience in the applicable occupation that would be required to graduate from an apprenticeship program approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW; and

(b) The worker is being paid worker's wage payment requirement is at least a rate commensurate with the wages typically paid for the occupation in the applicable geographic area, subject to the following provisions:

(i) The prevailing wage rate paid for a worker in the applicable occupation and geographic area on public works projects may be used to determine the appropriate rate of pay, however, this subsection (7)(b) (8)(b) does not require a contractor to pay prevailing wage rates; and

(ii) In no case may the worker be paid at a rate less than an hourly rate consistent with the seventy-fifth percentile in the applicable occupation and geographic area in the most recent occupational employment statistics published by the employment security department.

(1) Failure to comply with the skilled and trained workforce requirements of this chapter, except the requirement that a worker be paid at a rate commensurate with wages typically paid for the occupation, constitutes a violation of chapter 49.17 RCW.

(2) The wage rate requirement of RCW 49.80.010(7)(b) (8)(b) constitutes a wage payment requirement as defined in RCW 49.48.082.

(3) A worker in an apprenticeable occupation performing work under this chapter who does not meet the definition of a registered apprentice in RCW 49.80.010(6) or the definition of a skilled journeyperson in RCW 49.80.010(8) constitutes a skilled journeyperson solely for the purposes of the wage requirement owed to the worker.