AN ACT Relating to requiring building and construction contractors to use a skilled and trained workforce for performing work at certain hazardous facilities; adding a new chapter to Title 49 RCW; and providing an effective date.

(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.

(3) "Covered facility" means any of the following: Pulp mill, paper mill, hog fuel/biomass production and energy generation plant, fossil fuel power plant, or nuclear power plant, including any generation, testing, or demonstration facility.

(5) "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; inspection services not related to construction; and work performed that is not in an apprenticeable occupation.

(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

(b) The workforce meets the apprenticeship graduation and approved advanced safety training requirements established in section 3 of this act.

(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's wage payment requirement is at least consistent with the prevailing rate of wage for a worker in the applicable occupation and geographic area.

NEW SECTION. Sec. 2. (1) In any contract involving construction, alteration, demolition, installation, repair, or maintenance work at a covered facility, the owner or operator of the covered facility shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all on-site work within an apprenticeable occupation in the building and construction trades.

(2)(a) The department, in consultation with the Washington state apprenticeship and training council, shall approve a curriculum of in-person classroom and laboratory instruction for approved advanced safety training for workers at covered facilities.

(b) The safety training must be provided by a training provider, which may include a registered apprenticeship program, approved by the department. The department must periodically review and revise the curriculum to reflect current best practices.

(c) Upon receipt of certification from the approved training provider, the department must issue a certificate to a worker who completes the approved curriculum.

(ii) The department may accept other documentation issued by another state if the department finds that the curriculum and documentation of the other state meets the requirements of this subsection.

(3) This section applies to work performed under contracts awarded, contract extensions, and contract renewals occurring on or after January 1, 2027. This section also applies to work performed under a contract awarded before January 1, 2027, if the work is performed on or after January 1, 2028.

(a) The employees of the owner or operator of the covered facility, nor does it prevent the owner or operator of the covered facility from using its own employees to perform any work that has not been assigned to contractors while the employees of the contractor are present and working;

(b) A contractor who has requested qualified workers from the local hiring halls or apprenticeship programs that dispatch workers in the apprenticeable occupation and who, due to workforce shortages, is unable to obtain sufficient qualified workers within 48 hours of the request, Saturdays, Sundays, and holidays excepted; and

(c) Emergencies that make compliance impracticable because they require immediate action to prevent harm to public health or safety or to the environment. This section applies as soon as the emergency is over or it becomes practicable for contractors to obtain a qualified workforce.

(6) The requirements of this section do not make the work described in subsection (1) of this section a public work within the meaning of RCW 39.04.010.

NEW SECTION. Sec. 3. In order to meet the requirements under section 2 of this act to use a skilled and trained workforce to perform all on-site work within an apprenticeable occupation in the building and construction trades:

(1)(a) By January 1, 2027, no less than 30 percent of a contractor's or subcontractor's skilled journeypersons must be graduates of an apprenticeship program for the applicable occupation approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW;

(b) By January 1, 2028, no less than 60 percent of a contractor's or subcontractor's skilled journeypersons must be graduates of an apprenticeship program for the applicable occupation approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW; and

(2) By January 1, 2028, all of the contractor's or subcontractor's skilled journeypersons and registered apprentices must have completed at least 20 hours of approved advanced safety training for workers at covered facilities within the prior three calendar years.

NEW SECTION. Sec. 4. (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.

(3) A worker in an apprenticeable occupation performing work under this chapter who does not meet the definition of a registered apprentice in section 1 of this act or the definition of a skilled journeyperson in section 1 of this act constitutes a skilled journeyperson solely for the purposes of the wage requirement owed to the worker.