WSR 16-14-096
[Filed July 5, 2016, 11:57 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-02-092.
Title of Rule and Other Identifying Information: WAC 296-127-01398 Truck drivers.
Hearing Location(s): Department of Labor and Industries (L&I), 7273 Linderson Way S.W., Room S119, Tumwater, WA 98501, on August 19, 2016, at 9 a.m.
Date of Intended Adoption: September 20, 2016.
Submit Written Comments to: Beverly Clark, P.O. Box 44400, Olympia, WA 98504-4400, e-mail, fax (360) 902-4988, by 5 p.m., August 19, 2016. Written comments submitted by fax must be ten pages or less.
Assistance for Persons with Disabilities: Contact Beverly Clark by 5 p.m. on August 1, 2016, at or (360) 902-6272.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule is to adopt a new rule as a prevailing wage scope of work description for truck drivers. This trade and occupation classification has not previously had any scope of work description but does have published prevailing rates of wage. Prior to 2000, the prevailing wage scope of work descriptions (if any) were promulgated by the industrial statistician on an as needed basis (and not adopted as administrative rule). No scope was promulgated for truck drivers.
Reasons Supporting Proposal: Although distinguishing who is driving a truck on a public works [project] has not been overly difficult even absent a scope of work description, clearly identifying the extent of this trade and occupation will assist in better identifying the exact universe [universal way] to survey in order to establish the prevailing rate of wage for this trade and occupation classification as well as having a defensible description of the trade for any wage compliance matters. The prevailing wage program worked with the prevailing wage advisory committee, representation from business, labor, public agencies, and participation from the public, as well as the Teamsters, regarding development of this draft scope of work description for truck drivers. Consensus was obtained to move this draft forward into rule making.
Statutory Authority for Adoption: Chapter 39.12 RCW.
Statute Being Implemented: Chapter 39.12 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: L&I, governmental.
Name of Agency Personnel Responsible for Drafting: Jim Christensen, Tumwater, Washington, (360) 902-5330; Implementation and Enforcement: Elizabeth Smith, Tumwater, Washington, (360) 902-6320.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department's proposed rules are subject to the Regulatory Fairness Act, but they do not require a small business economic impact statement because the proposed changes do not impose more than a minor cost (see RCW 19.85.025 030 [19.85.030] (1)(a)). The changes in the proposed rule do not place any new obligations on employers and they do not require employers to incur additional costs.
A cost-benefit analysis is not required under RCW 34.05.328. The changes in the proposed rule will not alter any current agency practice or interpretation of law. The changes in the proposed rule do not place any new obligations on employers and they do not require employers to incur additional costs.
July 5, 2016
E. LaPalm
for Joel Sacks
WAC 296-127-01398 Truck drivers.
For the purpose of the Washington state public works law, chapter 39.12 RCW, truck drivers drive various types of trucks, other than transit mixer and volumetric type trucks hauling concrete, used for the hauling of materials and equipment related to work covered under chapter 39.12 RCW.
The work of truck drivers includes, but is not limited to, truck driving to do the following:
(1) Delivery, discharge of materials, travel time, and other work according to the provisions of WAC 296-127-018;
(2) Delivery of project specific (nonstandard) items to the job site;
(3) Mobilization of contractors' equipment;
(4) Driving and operating various types of trucks at, on or for the project; and
(5) Removing any materials from a public works construction site pursuant to contract requirements or specifications (e.g., excavated materials, materials from demolished structures, clean-up materials, etc.).