FINAL BILL REPORT

HB 1595

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 48 L 15

Synopsis as Enacted

Brief Description: Changing the definition of labor hours for the purposes of the apprenticeship utilization statute.

Sponsors: Representatives Senn, Clibborn, Walsh and Ormsby.

Labor: 2/2/15, 2/9/15, 2/10/15 [DP].

Background:

Generally, public works projects of certain agencies that are estimated to cost $1 million or more must require that at least 15 percent of the labor hours be performed by apprentices enrolled in approved apprenticeship training programs.

"Labor hours" is defined as the total hours of workers receiving an hourly wage who are directly employed on the site of the public works project.

Some awarding agencies have looked to federal law for guidance on interpreting the phrase "on the site" of the project. Under the Davis-Bacon Act (the federal law that requires prevailing wages be paid on federally funded public works projects) the term "on the site" of the work generally means the physical place where the building or work called for in the contract will remain, and any other site where a significant portion of the building or work is constructed, provided that such site is established specifically for the performance of the contract or project.

On the other hand, Washington's prevailing wage laws require that laborers upon the public works project must be paid prevailing wages. The prevailing wage laws have been interpreted to extend beyond work performed directly on the site of the project.

Summary:

The definition of "labor hours" in the apprenticeship utilization statutes is changed to mean the total hours of workers employed "upon" (rather than "on the site" of) the project. Therefore, the hours worked by apprentices, when calculating apprenticeship utilization requirements, are not limited to just hours worked on site.

Votes on Final Passage:

House

97

1

Senate

49

0

Effective:

July 24, 2015