Quarterly Update :: Issue 9


Quarterly Update :: Issue 9 :: Fall 2005

Issue 9 Fall 2005





	www.LNI.wa.gov Apprenticeship \| Boilers/Pressure Vessels \| Contractor Compliance/FAS/Plumbing Electrical \| Elevators \| Prevailing Wage \| Workplace Rights \| Events, Workshops & Rules


	Patrick Woods Assistant Director, Specialty Compliance Services	Welcome to the Fall 2005 Quarterly Update Thanks for the great feedback from the panels at our annual off-site retreat Early in November, our team got together for our annual off-site retreat. We invited key stakeholders and external customers representing public safety and consumer/worker economic issues to join us for panel discussions. We asked the panelists to tell us what services are working well and where we need to improve, how we can build better systems through partnerships, and how we can better integrate Specialty Compliance programs with other areas in L&I to better serve our customers. The two panels said they want to continue the partnerships that we've built and want to continue to be at the table and provide input when we're making decisions that affect them. They would like us to recognize the "good guys" who are doing a good job of complying and hold the other employers liable when they don't play by the rules. They told us we also need to educate the consumers who hire contractors. In response to the feedback we got from our external customers and internal partners who joined us at the retreat, we are planning a spring conference for all of the SCS field inspectors. We'll invite key stakeholders to talk about how we can work together, and we'll have cross-training on internal programs to improve consistency and customer service statewide. Watch the future editions for Quarterly Update for more information on this topic. Proposed legislation We are working on the following proposals for the upcoming legislative session: Prevailing Wage: This proposal would eliminate the 30 percent transfer of prevailing wage revenue to the General Fund-State account. If passed, this will provide additional funding for the prevailing wage program without an increase in fees. Budget request for new electrical inspectors: We will be submitting a budget request for eight new full-time staff positions. In just the last four years, there has been a 30 percent workload increase in the Electrical Program with no increase in staffing. Our stakeholders have told us that providing timely inspections is their highest priority. Update on web site improvement project We recently completed customer-usability testing of the Trades & Licensing part of the web site. For example, we invited electrical contractors, an electrician and homeowners who purchased an electrical permit in the last year to come in and use our electrical web site to provide feedback. Overall, we received many good comments on our web site. Contractors really liked filing prevailing wage intents and affidavits online, and electricians were pleased to be able to purchase and print electrical permits online. We got many recommendations from those tests, especially the need to make it easier to find out how to get a license or permit and to simplify the instructions and content. We'll continue to make improvements to our web site based on customer feedback. Welcome new SCS managers Please join me in welcoming three new managers to the SCS Division: Dave Soma is our new Prevailing Wage program manager. Dave has excellent experience in administering federal, state, county and private programs, developing and writing policy, developing strategic plans, budget preparation, union and corporate taxpayer negotiations and personnel management. He has been a director for the Deep Sea Fishermen's Union of the Pacific, an Acting Director of Pierce County's Community Services program, and Executive Director of Pierce County's Community and Human Services, to name just a few of the positions he has held. In the Boiler program, Linda Williamson has taken on the role of Acting Chief Pressure Vessel/Boiler Inspector. Linda is a Pressure Vessel Inspector 2 from the Bellingham office, where she has worked for the past 12 years. Linda has the leadership skills and work experience needed to manage the Boiler program until we hire a permanent chief. Finally, I am pleased to welcome Josh Swanson back as Acting Operations Manager. You may know Josh from his previous SCS management roles, first as Rules and Legislation Manager and later as Prevailing Wage Program Manager. Thank you for taking the time to read and respond to Quarterly Update. If you have questions, comments or additional suggestions, please send them to me at woor235@LNI.wa.gov. Thanks! Patrick Woods

	Apprenticeship
		Apprenticeship is formalized, industry-driven training. Each year, about 14,000 people participate in apprenticeship programs, which last between one to six years. L&I has 265 registered programs in the state, with more than 661 occupations. Nancy Mason, Apprenticeship Program Manager

L&I graduates its first group of apprentice claims managers

We are proud to announce that the first class of claims manager apprentices have completed the program and received their journey-level cards and certificates. L&I's Workers' Compensation Adjudicator 2 apprenticeship program is an intense 22-month program that trains new claims managers. This class began the program in August 2003. There are currently about 60 apprentices enrolled in various stages of the program. The graduating apprentices are Robert Buchanan, Delvina Jackson, Andra Parker, Shelly Sargent, Ivan Sinkler and Julie Sturdivant.

New Market Skills Center celebrates grand opening and groundbreaking

An enthusiastic crowd gathered on Dec. 9 at Tumwater's New Market Vocational Skills Center for the grand opening of the school's culinary arts demonstration kitchen and the groundbreaking ceremony for the Life-Sciences Building.



	Culinary arts student Molly Tate prepares hors d'oeuvres at the grand opening of the New Market Skills Center demonstration kitchen.

The state-of-the art demonstration kitchen is part of a 4,000 square foot addition to the culinary arts program. It features built-in video technology for education, student development, presentations and marketing.

The new Life-Sciences Building will include a lecture hall, computer lab, and career center. Life sciences programs include medical careers, environmental sciences and pre-veterinary technician.The added space will increase training capability by an additional 315 students.

New Market Skills Center serves 10 school districts and 25 high schools by preparing individuals in a professional work environment to meet the needs of a diverse and changing workplace through skills, leadership, and employability training.

New Apprenticeship Development Manager position

Recruitment is now underway for an Apprenticeship Development Manager position, a new position that will market, promote and encourage the use of apprenticeship to employers, government agencies, community and educational organizations and the general public. For more information on this new position, please see Jobs at L&I.

	Boilers/Pressure Vessels
		The Boiler and Pressure Vessel section has 12 inspectors and 120 Commissioned Insurance Inspectors. Their inspections help to ensure that 114,000 manufactured, installed or operated boilers and pressure vessels in Washington meet specific safety standards that prevent malfunctions that threaten public and employee life and safety. We enforce mandates of the five-member Board of Boiler Rules. Linda Williamson, Acting Boiler Chief

Do you need a pressure vessel/boiler inspection or permit?

You must obtain a permit before installing, reinstalling or moving a boiler or pressure vessel.

All existing boilers and unfired pressure vessels must be inspected periodically, as well as domestic water heaters that are located in places of public assembly. Steam boilers operating over 15 PSI must be inspected annually and all others every two years. The inspector will assign a Certificate of Inspection upon completion of the inspection.

Inspection fees vary according to the type of vessel/boiler.

Don't take chances with your pressure vessel or boiler! Make sure your Certificate of Inspection is up to date. The benefits of having an inspection include:

Protecting public safety by preventing catastrophic explosions.
Ensuring efficient operation. An inspection can reduce your operating expenses and ward off huge repair bills.
Being in compliance with state law.

Learn more at www.LNI.wa.gov/TradesLicensing/Boilers/About

Boiler rule update

Changes have been made to Chapter 296-104 WAC, Board of Boiler Rules - Substantive, based on actions and requests of the Board of Boiler Rules. The changes, which were for clarification, technical accuracy and ease of use, became effective on Nov. 25, 2005.

	Contractor Compliance/FAS/Plumbing
		L&I registers about 53,000 contractors and certifies about 7,000 plumbers in Washington. The Factory Assembled Structures (FAS) program has statewide public-safety responsibility for new and altered manufactured/mobile homes and recreational vehicles. FAS reviews and inspects 7,000-8,000 alterations each year and reviews about 3,600 plans. Statewide, 33 inspectors provide services for all three programs. Peter Schmidt, Contractor Compliance/ FAS/ Plumbing Program Manager

Three contractor training day events planned

We continue to get great feedback from our Contractor Training Days. Here is what some recent attendees had to say:

"I really enjoyed the workshop. Great learning opportunity and great instructors!"

" As a new practitioner in this area, the presentation and handouts were excellent and very informative."

"Thank you for this free opportunity to learn more and help our business."

We've added some new classes based on customer feedback, including information on finding and hiring good employees, protecting your business with the proper business structure and contracts, as well as classes on the safety, taxes, risk management and insurance information you need to help your contracting business run more effectively.

• Feb. 10, 2006, at Wood Construction Center, Seattle

• Feb. 17, 2006, at L&I headquarters in Tumwater

• March 29, 2006, at Wenatchee Valley College

For more information, visit our Training & Workshops web site or contact Shari Purves-Reiter, Outreach and Education Manager, at 360-902-4733.

Consumer Outreach events coming up in the new year

If you are considering home improvements, our Consumer Outreach Program has helpful resources to guide you in finding a good contractor and avoiding problems on your home improvement projects. Stop by our booth at these coming events:

• Jan. 13-15, 2006, Bellevue Home Show

• Jan 20-22, 2006, Clark County Home Show

• Feb. 1-5, 2006, Tacoma Home and Garden Show

• Feb. 18-26, 2006, Seattle Home Show

• Feb. 24-26, 2006, Regional Home & Garden Show, Pasco

New contractor compliance inspectors to tackle underground economy issues
We are in the process of hiring three new contractor compliance inspectors to partner with L&I's fraud and compliance unit and focus solely on the underground economy. Funding for these positions was authorized by the legislature part of the L&I budget package to combat fraud.

Factory-assembled Structures (FAS) rule update

Recently, the electrical rules were changed to specify that electrical plan reviews are not required for structures under 400 amp electrical services. Examples of these types of buildings include portable classrooms, educational facilities, city or county jail cells, prisons, small hospitals, MRI structures or medical clinics. L&I amended the FAS rules to reflect this change and to ensure consistency. The rule became effective Dec. 4, 2005.

Another rule change stemming from the 2005 legislative session requires L&I to perform a fire safety inspection and issue a certificate on all pre-HUD (mobile homes) prior to their being moved from their current location. The rule has been adopted and will become effective on Jan. 1, 2006.

	Electrical
		The Electrical Program has statewide responsibility for inspecting new and altered electrical systems in all types of installations (RCW 19.28). It is also responsible for the electrical contractor licensing and electrician certification program. Some cities also do electrical inspections. Their standards of inspection must meet or exceed those required by L&I. Ron Fuller, Chief Electrical Inspector

Electrical contractor survey

In September 2005, we sent surveys to more than 4,000 Washington electrical contractors. We asked 11 questions designed to help us better understand this group's priorities and primary areas of concern. We heard back from 1,115 electrical contractors statewide, a 27 percent response rate.

We got great feedback from this survey. Many participants expressed strong support for the quality and level of service the Electrical Program is now providing. We also learned that electrical contractors strongly support our efforts to combat the underground economy; improve online services; have an inspector available throughout the day for technical questions; and treat customers fairly, consistently and professionally.

However, the single most important concern was the need to respond to inspections quickly. Providing timely inspections is critical, largely because of the estimated cost of delays.

Thanks to all of you who participated in the survey. We now have a better understanding of the needs of the electrical contractor community.

Correction tracker

The Electrical Program is putting the final touches on a new program that will track electrical installation corrections written to contractors and homeowners. Using this new system will allow us to identify trends within regions and particular contractors. One of the goals is to identify contractors who continually get the same corrections, and then hold them accountable. The expected outcome is that the contractors will provide better first-time installations. Prior to this software upgrade, the Electrical Program had no efficient way to track and compare corrections statewide.

New Electrical Program staff needed

In just the last four years, there has been a 30 percent workload increase in the Electrical Program with no increase in staffing. Our stakeholders have told us that providing timely inspections is their highest priority. As a result, we will be submitting a supplemental budget request for eight new full-time staff positions.

Electrical rule changes final

Amendments have been made to Chapter 296-46B WAC to clarify an inconsistency between the electrical rule and plumbing statutes; incorporate new low-voltage thermostats into the Class B, random inspection work, better aligning safety concerns with department practice; and clarify that school and institution shops are similar to an industrial environment and that shop equipment may be approved by the department review process for industrial equipment. The changes became effective

Nov. 25, 2005.

Electrical rules annual review underway

The electrical rules are reviewed on an annual basis to ensure the rules are consistent with the national consensus standards and industry practices and are clearly written. Public hearings will be held Jan. 11, 2006, at 11 a.m. at the Hal Holmes Community Center in Ellensburg, and on Jan. 12, 2006, at 9 a.m., at the L&I headquarters in Tumwater. For a copy of the proposal, please see Electrical Rule Development.

	Elevators
		The Elevator program's 18 inspectors are responsible for the inspection of approximately 13,000 conveyances. These include passenger and freight elevators, special purpose elevators, dumbwaiters, escalators, boat launch lifts, residential elevators and other conveyances. Jack Day, Chief Elevator Inspector

Elevator stakeholder group planned

Plans are underway to develop a stakeholder group to review and update the elevator rules. We need volunteers from the industry to be on the subcommittees as we review the ASME A17.1-2004, ASME A18.1 - 2003, ANSI A10.4-2004, and A90.1-2003. If you're interested in being part of a subcommittee to review and comment on the changes between the present code and the proposed new one, please contact Jack Day at 360-902-6128.

New inspectors added

The Elevator section will be adding three elevator inspectors, bringing us to a total of 18 inspectors statewide. This will enable us to meet our mandate of all annual inspections completed within the allocated 12-month period. Two of the inspectors will be in King County and the third will be in the Clark County area.

	Prevailing Wage
		The Washington State Public Works Act, also known as prevailing wage law, is a worker protection act to protect construction workers on public works jobs from substandard earnings. The Prevailing Wage program establishes prevailing wage rates for construction trades in each county, processes 70,000 intent and affidavit forms, investigates complaints, and verifies that prevailing wages are paid on public works jobs around the state. David Soma, Prevailing Wage Program Manager

Prevailing wage application use hits new level

Prevailing wage online application use has soared. We are extremely pleased to report that use continues to rise and is now at 82 percent. This means that 82 percent of the prevailing wage Intents and Affidavits were filed online and were processed and returned to the submitting contractor within 30 minutes of receipt.

Application of Prevailing Wage law to private "turn-key" projects

The Department of General Administration (GA) and L&I have reached a joint agreement that workers will be paid prevailing wage rates for all phases of construction on private turn-key projects beginning at the point where the state agency or municipality signs a Letter of Intent. The crux of this issue involves the point in a construction project when prevailing wages must be paid to workers. In the past, this issue has triggered complaints regarding the application of prevailing wage law to private turn-key projects.

GA and L&I, together with business and labor interests, will develop a Memorandum of Understanding to fully describe the process and procedures and communicate the requirements to all affected parties.

	Workplace Rights
		The Workplace Rights program has 20 Industrial Relations Agents who work on issues involving wage payments and working conditions. Agents inform the public about the laws, provide consultation to employers, investigate alleged violations, determine wage-claim validity, mediate and negotiate wage-claim settlements and prepare cases for litigation. Richard Ervin, Employment Standards Program Manager

Minimum wage increase

Washington's minimum wage will increase 28 cents to $7.63 an hour beginning Jan. 1, 2006. The minimum wage applies to workers in both agricultural and non-agricultural jobs, although 14- and 15-year olds may be paid 85 percent of the adult minimum wage, or $6.49 per hour.

Free posters available now

Minimum wage: This recommended (but not required) poster has been updated to reflect the new 2006 minimum wage.

Your Rights as a Non-agricultural Worker: This required poster has been updated, clarified, and produced as a bilingual English/Spanish poster. It replaces all previous versions.

All L&I required and recommended posters are available online at Workplace Posters or by contacting Carlena Anderson at 360-902-5315.

Payroll deduction rule updated

The payroll deduction rule has been updated to clarify when payroll deductions may be made, to ensure consistency with state and federal law, to allow adjustments for overpayments, and to specify when a deduction cannot go below minimum wage. The changes were necessary to ensure that employers understand and correctly apply the payroll deduction laws.

The new rules become effective Jan. 1, 2006. For more information, please contact Janis Kerns, Industrial Relations Specialist, at 360-902-5552.

Consumer Alert: Labor law poster services targeting businesses again

In a joint news release sent on Dec. 13, Attorney General Rob McKenna and L&I Director Gary Weeks warned consumers to be on the lookout for private companies mailing notices that threaten businesses with up to $17,000 in fines, lawsuits and audits for not displaying labor law posters.

The notices make it appear that immediate compliance through purchase of their products is necessary in order to escape penalties.

Employers are reminded that posters are free from the state and federal agencies, and many may be downloaded from agency web sites. A list of required and recommended posters is available on the L&I web site.

New sick leave definition

L&I has proposed amendments to the definition of sick leave to be consistent with 2005 legislative changes. The definition of "parent" will be amended to include adoptive parents as covered family members for an employee's use of sick leave, and to add a definition of disability plans for clarification purposes. A public hearing will be held Jan. 30, 2006, at 10 a.m. at the L&I central office in Tumwater.

Other L&I information

No general increase for industrial insurance

There will be no general increase in workers' compensation premiums in 2006. In August, a 3.8 percent increase was proposed. However, good investment returns, a strong economy, L&I's success in controlling medical costs and a continued decline in the frequency of workplace-injury claims combined to make the increase unnecessary.

Please see the Nov. 17 news release for complete details.

Small Business Liaison hired

Ron Langley has been hired as L&I's Small Business Liaison. This is a new position, and Ron will play a key role in helping small businesses solve problems with us, and in informing us about how we can change to serve small-business people more effectively. This is part of our effort to build better bridges between L&I and small businesses in Washington, which make up nearly 90 percent of our customer base. Prior to accepting this new job, Ron was a communications manager in L&I's Communication Services, and previously, he was the Public Information Officer for the city of Bellevue.

Ron can be reached at 360-902-4205 or lanx235@LNI.wa.gov.




	Events L&I Contractor Training Days: Feb. 10, 2006 Wood Construction Center, Seattle Feb. 17, 2006 L&I headquarters, Tumwater March 29, 2006 Wenatchee Valley Community College Sept. 26, 2006 Spokane (Location to be determined) Register now for these free events at Contractor Training Day (For more information, contact Shari Purves-Reiter at 360-902-4733.) Consumer Education Events As part of L&I's mission to protect consumers economically, L&I staff provide information and assistance at public events: Jan. 13-15, 2006 Bellevue Home Show Meydenbauer Center Jan. 20-22, 2006 Clark County Home Show Clark County Fairgrounds Feb. 1-5, 2006 Tacoma Home and Garden Show Tacoma Dome Feb. 18-26, 2006 Seattle Home Show Qwest Field Event Center Feb. 24-26, 2006 Regional Home & Garden Show Trade, Recreation and Cultural Center (TRAC), Pasco (For more information, contact Shari Purves-Reiter at 360-902-4733.) Proposed rule changes, public hearings Employment Standards amendment to Family Care Chapter 296-130 WAC A public hearing will be held on Jan. 30, 2006, at 10 a.m. at the L&I headquarters in Tumwater. For a copy of the proposal, please see Family Care Rule Change. Electrical Chapter 296-46B WAC, Electrical Rules (annual review) Public hearings will be held Jan. 11, 2006, at 11 a.m. at the Hal Holmes Community Center in Ellensburg; and on Jan. 12, 2006, at 9 a.m. at the L&I headquarters in Tumwater. For a copy of the proposal, please see Electrical Rule Development.



	Office of Information and Assistance: 1-800-547-8367 Contractor Registration Verification: 1-800-647-0982 Report-a-Fraud Hotline (to report unregistered contractors): 1-888-811-5974 Employment Standards Information (minimum wage, overtime, working conditions, teen workers, prevailing wage, agricultural workers): 1-866-219-7321



	Issue 9, Fall 2005



	ABOUT THIS NEWSLETTER Quarterly Update is an e-mail newsletter distributed four times a year by the Washington State Department of Labor and Industries' Specialty Compliance Services division. Receiving this newsletter is the best way to keep up to date on Specialty Compliance Services' activities and issues. Subscriptions: To subscribe, or to unsubscribe, go to (URL and instructions) Trades and Licensing web site: www.LNI.wa.gov/ TradesLicensing Workplace Rights web site: www.LNI.wa.gov/ WorkplaceRights

Welcome to the Fall 2005 Quarterly Update

Proposed legislation

Apprenticeship

L&I graduates its first group of apprentice claims managers

Boilers/Pressure Vessels

Contractor Compliance/FAS/Plumbing

Electrical

Electrical contractor survey

Elevators

Prevailing Wage

Workplace Rights

Other L&I information

Events

L&I Contractor Training Days: