BILL REQ. #: H-1087.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 02/05/13. Referred to Committee on Labor & Workforce Development.
AN ACT Relating to determinations of prevailing wage rates on public works projects; adding a new section to chapter 39.12 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 there is a great
deal of confusion regarding the correct prevailing wage rate to be
applied to various types of construction work due to determinations
issued by the department of labor and industries and the industrial
statistician and that there is a need to protect both workers and
contractors from the application of unknown determinations issued by
the department of labor and industries or industrial statistician
regarding the correct prevailing wage rate that must be paid for a
specific type of construction work. The legislature further finds that
this confusion hurts both the contractors and the contractor's
employees and that greatly improved transparency must be provided by
the department of labor and industries and the industrial statistician
so that determinations regarding the correct prevailing wage for
specific types of construction work are made available to employers and
their employees.
NEW SECTION. Sec. 2 A new section is added to chapter 39.12 RCW
to read as follows:
(1) Whenever the director of labor and industries or the industrial
statistician issues a determination for what prevailing wages must be
paid for specific construction work, the department of labor and
industries or the industrial statistician shall:
(a) File a notice of that determination with the code reviser for
publication in the state register;
(b) Place an informational note on every listed prevailing wage
classification that may be impacted by the determination of the
existence of the determination and how to get a copy of the
determination. The failure by the department of labor and industries
to meet this requirement negates the application of that determination
on a public works project otherwise subject to the determination; and
(c) Include a statement on every notice of intent to pay prevailing
wages that uses a classification that may be impacted by a
determination of the existence of determinations affecting that
occupational classification and how to get a copy of any or all
determinations.
(2) The department of labor and industries shall maintain a list of
all determinations about what prevailing wages must be paid for
specific types of construction work and ensure that the list of
determinations and how to access the list is made known on all approved
statements of intent to pay prevailing wages issued by the industrial
statistician of the department of labor and industries under RCW
39.12.040. Failing to include this notice on an approved statement of
intent to pay prevailing wages issued by the industrial statistician
negates the application of any determination of prevailing wage
otherwise subject to that public works project.
(3) The department of labor and industries shall make specific
determinations issued by the department and the industrial statistician
available in printed paper format as requested by any contractor or
construction worker. The department of labor and industries may reject
any unreasonable request for an excessive number of printed paper
copies of determination.
(4) The department of labor and industries shall, by December 1st
of each year, issue a written report to the senate commerce and labor
committee or its successor, and the house of representatives labor and
workforce development committee or its successor and include a copy of
all determinations issued by the department and the industrial
statistician since the last report. Failure by the department of labor
and industries to issue this report as required negates all
determinations issued by the department since the last report was
issued by the department.