Quarterly Update :: Issue 11 :: Summer 2006
 
Washington State Department of Labor and IndustriesIssue 11 Summer2006


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

 

Patrick Woods, SCS Assistant Director
Patrick Woods
Assistant Director,
Specialty Compliance Services


 
Message from Patrick Woods


Welcome to the summer issue of the Quarterly Update. Here are a few recent actions that I’m happy to be able to share with you.

First ever statewide inspector training held

In March, the Electrical Program sponsored a first ever statewide training for all central office and regional field staff, including Electrical, Plumbing, Elevator, Boiler, Employment Standards, Prevailing Wage, FAS, and Apprenticeship. The training was organized in response to suggestions we received from stakeholders at the fall 2005 SCS management retreat.

This historical event brought together approximately 300 employees to one location here in Tumwater to learn about other L&I programs, with an emphasis on the L&I Fraud Program and how we can share fraud information across program lines.

A special guest speaker, Rod Kauffman, from the Building Owners and Managers Association, addressed concerns from private industry, but stressed that L&I is much more respected than in past years. He said that L&I should be proud that inspectors are here to ensure safety for homeowners and corporations in Washington State. A featured speaker, Kevin Lust, provided insight about integrity and how L&I staff can provide improved customer service.

The event was received well from all participants.

HVAC Working Group

Members of the heating, ventilation, air conditioning and refrigeration (HVAC/R) industry have been meeting monthly around the state to talk about the current level and type of regulation for the HVAC/R industry, and how it could better meet the needs of businesses, workers and consumers.

This group, called the HVAC/R Task Force, is compiling a report for the Legislature defining and exploring scenarios for regulation of the HVAC/R industry. During the meetings, the group closely examined the requirements and demands on HVAC contractors and technicians, as well as the needs of consumers.

The meetings to finalize the report will continue through August, concluding with a final report by the task force for the Joint Legislative Audit and Review Committee defining and exploring scenarios for regulation of the HVAC/R industry.

If you have any questions about this, please contact Trista Zugel at 360-902-5860.

New Acting Apprenticeship Program Manager

I would like to welcome back Karen Carter as the new interim Apprenticeship Program Manager for Washington State. Karen retired this past January but was persuaded to come back for six months while the agency searches for a permanent replacement for Nancy Mason. Nancy left L&I in May and is now working for the International Brotherhood of Electrical Workers, Local 46.

Karen has a long history working with apprenticeship. She was a training coordinator for an electrical program for many years while also serving as a member of the Washington State Apprenticeship and Training Council. She also worked in L&I’s Apprenticeship Section for just over two years prior to her retirement.

Nancy will be missed by us all, but we are very glad to have Karen here in the interim.

We are now recruiting for a permanent Apprenticeship Programs Manager. If you or someone you know would be interested, please see the Job Bulletin for more details.

Thanks for reading the Quarterly Update. If you have questions, comments or additional suggestions, please send them to me at woor235@LNI.wa.gov.

Thanks!

Patrick Woods

Apprenticeship

Karen Carter

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.

Karen Carter, Acting Apprenticeship Program Manager

Governor’s bill expands apprenticeship opportunities: Strengthening the School-to-Apprenticeship Connection

Earlier this year, Governor Gregoire proposed and passed innovative legislation to strengthen and encourage "Running Start for the Trades" programs. These “pre apprenticeship” programs allow high school programs and community/technical colleges to coordinate closely with apprenticeship programs so that students are prepared to directly enter into apprenticeships upon graduation. The pre-apprenticeship legislation established two separate grant "pots" to encourage and establish a “school-to-apprenticeship” connection.

The first grant program, to be carried out by the Office of the Superintendent of Public Instruction, established funding for high-school pilot programs to support successfully established and currently operating school-to-apprenticeship "direct entry" relationships. Applications were accepted during May, and awards were made on June 1. The recipients were South Seattle Community College, Seattle Community College District Vocational Institute, New Market Vocational Skills Center, and Lynnwood High School.

The second grant program, to be carried out by the Washington State Apprenticeship and Training Council and L&I, was to issue up to ten "incentive” grants to fund high school efforts to establish direct entry relationships with local apprenticeship programs. The grants will be approximately $7,500 each.

To support the initiative, L&I recently added a pre-apprenticeship coordinator to focus on strengthening the school‑to‑apprenticeship connection statewide.

Spotlight on Apprenticeship: Carrie Goodin

Carrie Goodin is a third year operating-and-maintenance (stationary) engineer apprentice at the Port of Seattle Sea-Tac Airport. One of the requirements to become a journeyman at the airport is to obtain a Grade 2 Boiler License. Most stationary-engineer apprentices are able to obtain a Grade 3 Boiler License by the time they complete their four-year apprenticeship. Carrie has become not only one of the few women to obtain a Grade 2 Boiler License but also is one of only four people to ever achieve this during their apprenticeship.

Carrie grew-up in the foster care system, where she learned a lot about self reliance. She carried that quality over into her adult life with a good work ethic and eagerness to achieve goals and is achieving more than she ever thought possible. She began her working career in the production assembly field with ABC Biscuit and Tam Engineering in Tacoma, and in 1993 went to work for Kenworth Truck Company and joined Machinist Union Local 289. Later she took an opportunity to become a laborer’s apprentice with Local 242, and that led her to the stationary-engineer apprenticeship at the Port.

Congratulations Carrie!

Carrie Goodin with Instructor Daryl Walker.

Carrie Goodin with Instructor Daryl Walker.

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Boilers/Pressure Vessels

Linda Williamson, 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


Are you an owner or operator of an antique boiler?

If so, you need to know that the adoption of National Board Inspection Code (NBIC) Appendix “C” became effective this year. In an effort to enhance antique-boiler safety, the Washington State Board of Boiler Rules, in conjunction with L&I’s Boiler Section, has adopted the inspection criteria for historical boilers in the NBIC. For more information about antique-boiler safety, please see the latest “Boiler Room” newsletter.

2006 Washington State Boiler Operators Symposium

On June 8 and 9, the Washington State Boiler Operators Symposium 2006 was held at the south campus of Bates Technical College in Tacoma. This symposium was put on by Bates Technical College, Renton Technical College, and Western Washington Stationary Engineers Training Trust.

The two-day symposium covered numerous topics ranging from boiler operations, safety, and energy efficiency and was attended by more than 120 industry people. The featured speakers included college instructors and industry professionals and also two L&I boiler inspectors, Tim Swanson and Mike Carlson. Tim and Mike delivered an educational presentation on the common boiler/pressure vessel problems inspectors’ encounter on a daily basis. This symposium was so well received that it will be scheduled as an annual event.

 

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Contractor Compliance/FAS/Plumbing

Peter Schmidt, 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

Do You Work in the Pump Installation or Well Drilling Industry?

With the passage of Substitute Senate Bill 6225 during the 2006 Legislative Session, changes are being implemented to consolidate and streamline many of the requirements for contractors and workers performing these installations. Sign up for the Electrical Currents Newsletter so that you can keep up with monthly updates.

Construction Compliance Task Force off and running

For the past few months, the three inspectors on the new Construction Compliance Task Force have been working nights and weekends (as well as normal weekdays) in an effort to improve compliance with contractor-licensing and industrial-insurance requirements in the construction industry. The goal is to reduce the impact of the underground economy and promote fair business practices within the industry so that the majority of honest contractors aren’t at a competitive disadvantage when bidding for work.

The three new inspectors are available to work all around the state, but their primary work locations are along the I-5 corridor where the largest concentrations of construction work is being done:

  • Dale Partin works out of the Longview L&I office, and covers the southern I-5 area of the state. Dale was previously a construction compliance inspector in L&I’s Region 4. Before coming to work at L&I, Dale was a drywall contractor and factory-assembled-housing specialist. He can be reached at 360-575-6942.
  • Bob Esparza works out of the Tukwila office, and his primary area of coverage is the Seattle and Tacoma area. Bob was formerly an L&I safety inspector. He is the team’s bilingual specialist, a skill that has proven invaluable in working with Spanish-speaking employers and workers. You can call Bob at 206-835-1058.
  • Scott Nielsen splits his time between the Tumwater and Mount Vernon offices, and his geographic area is along I-5 from Seattle to the Canadian border. Scott has a background as a financial auditor. His office number is 360-902-5136.
  1. The task force’s primary focus is divided up between three areas:
    Finding and citing firms that are not properly registered to work as contractors.
  2. Making audit referrals on firms with industrial insurance issues, such as unreported worker hours or misclassification of workers.
  3. Identifying firms that currently owe money to L&I and gathering information that will assist L&I in collecting the money.

In the first four months, these three have issued over thirty infractions in the amount of $1,000 or more to unlicensed contractors, in addition to infractions for other violations such as not providing the required disclosure statement information to consumers or violations of specialty licensing requirements for plumbers and electricians. They have also made over 50 referrals to L&I’s audit program and identified in excess of $675,000 in unpaid revenue.

We would like to thank the hundreds of compliant contractors who have had their registrations checked — not just for following the rules but for being so pleasant and cooperative in working with us. We continue to get positive feedback from the construction community regarding the impact that this task force is having on the industry in the short time it has been active.

What can you do to help? If you have information about unregistered contractors or unlicensed electricians or about firms that are misreporting or not paying their industrial insurance premiums, you can call L&I’s fraud hotline at 1-888-811-5974 or visit the Report Fraud web site.

New tool to avoid insurance and bonding company errors and speed up registration or renewals for contractors

L&I has created two new quick-reference cards to aid insurance and bonding companies in completing the required paperwork for surety bonds and liability insurance for a contractor registration and to help contractors avoid delays and possible penalties. The quick-reference cards give tips on how to do the paperwork. Download the cards here or request copies from Shari Purves-Reiter or telephone 360-902-4733.

Contractor's Surety Bond - Sample (85KB, PDF)

Certificate of Liability Insurance - Sample (99KB, PDF)

Are you getting ready to sit for the Journeyman Plumber or Residential Specialty Plumber Test?

Continuing education requirements enacted by the Legislature in July 2003 are now fully in effect. This means that as of July 1, 2006, you are required to have 16 hours of continuing education, with a minimum of 4 hours of industry-related electrical (IRE) training included in those 16 hours. You will not be allowed to sit for these tests if you do not meet this requirement. See the Continuing Education web site for a list of approved continuing education classes.

Five openings on the Plumbers Advisory Board

Five positions on the Advisory Board of Plumbers will be available in July 2006. These positions represent a journeyman plumber, a public member, a plumbing-business operator, and two new positions, a specialty plumber and a specialty-plumbing contractor.

If you qualify and would like to apply for one of these positions, please complete the application for Gubernatorial Appointment to a Board or Commission and send it along with your résumé to: Pete Schmidt, Chief, Contractor Registration/Plumber Certification, P.O. Box 44470, Olympia, WA 98504. Please send your application and résumé by July 15, 2006. For additional information you may contact Jackie Lemons at 360-902-4666.

Manufactured Home Installer certification training available

Did you know that Labor and Industries, in conjunction with Washington Department, Community Trade and Economic Development, have two Manufactured Home Installer Certification classes remaining for 2006? In this class, you can learn the state requirements for the proper installation of manufactured homes, including tie-downs, skirting, blocking and alteration and complete the exam to become certified. The classes will be held in Marysville, Aug. 8 and 9 and in Richland on Oct. 17 and 18. If you are interested in the training, please see the Office of Manufactured Housing, CTED web site or call at 1-800-964-0852.

 

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Electrical

Ronald Fuller, 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 Corrections Initiative

Contractors and L&I incur significant costs when corrections are issued, and customer service is impacted when corrections and additional inspections are necessary.

To help improve this situation, we are preparing an initiative to better track and reduce the number of corrections received by customers. This June, L&I inspectors got a new addition to their mobile-computing system. Inspectors use their computers and printers in the field to write and record all corrections, and all customers will be able to view the corrections online using the L&I web site.

As a part of this initiative, L&I will track correction data across the state. Beginning in September, we will review the total corrections issued from June through August and will begin working very closely with the 5 percent of contractors who receive the most corrections per inspection to encourage them to reduce their corrections. Our goal is to reduce the corrections per inspection issued to those contractors by 15 percent by July 1, 2007.

It is our goal that contractors in the target group will take responsibility for their work and become proactive in improving their installations. L&I will emphasize outreach and training to help the contractors and their electricians included in the initiative to reach the goal. In July 2007, L&I will repeat this process and raise the goal to 20 percent improvement during the following year.

Inspector Safety on the Jobsite

Electrical inspectors are exposed to various jobsite hazards daily while performing their jobs. We take safety of our employees very seriously. Any jobsite where an inspection is to be made must meet minimum safety requirements before the inspection can be performed. In particular:

  • Adequate access ways must be maintained in the inspection area, including removing tripping hazards and sufficiently covering or identifying any floor openings.
  • Stairways must be protected on all open sides.
  • In areas where ambient light is not sufficient then adequate light must be provided for the inspection. If the inspection requires a vertical elevation change of more than 18 inches, a ladder, stairway or ramp must be provided.

These minimum safety requirements are intended to be in line with the requirements of Chapter 296-800 WAC, Safety and Health Core Rules, and Chapter 296-155 WAC, Safety Standards for Construction Work. If the jobsite does not meet the minimum safety requirements, a correction will be written and a trip fee may be assessed.

Do You Work in the Pump Installation or Well Drilling Industry?

With the passage of Substitute Senate Bill 6225 during the 2006 Legislative Session, changes are being implemented to consolidate and streamline many of the requirements for the contractors and workers performing these installations. To keep up on changes and grandfathering information you should sign up for the Electrical Currents Newsletter, where L&I will provide monthly updates. To sign up, please go to Electrical E-mail List and follow the instructions.

 

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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

After nearly a year and a half as Chief Elevator Inspector, I am finding the position to be both challenging and rewarding. We’ve come a long way in meeting our mandates and improving customer service. Thank you all for your support and participation as we continue to make improvements to the state Elevator Program

Even with all the progress we’ve made, we still continue to look for additional improvements. The Elevator Program will be focused on three main areas over the next year and a half:

  • We are committed to implementing a new technology and inspection program, which will streamline inspections, improve consistency and expedite service.
  • All L&I elevator inspectors will attend an annual national training to ensure they are up to date on code requirements and new technology and to teach them new inspection skills that use national standards as a guideline.
  • We are reviewing the elevator rules in Chapter 296 96 WAC, Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances, to see where we can improve clarity and usability and to add updates

 

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Prevailing Wage

David Soma, 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

Improvements coming to Prevailing Wage Survey Program

Gustavo Aviles came on board as an economist for the Prevailing Wage Program. He will be conducting wage surveys for each trade every three years and ensuring wage survey data quality. Additionally, he will be participating in public education and outreach to help increase response rates from survey recipients.

Gustavo previously worked in L&I’s Industrial Insurance Program. Prior to that, he worked for the RAND Corporation and the Mexican federal government conducting economic analyses. He holds a MS degree from Stanford University and an MBA from the ITESM-Mexico.

Prevailing Wage Specialists training around the state

Cindy Hanson recently spent two days at the Association of Washington Cities conference in Spokane where she provided prevailing wage information to participants.

Updates and clarifications for job classification Scopes of Work

The Prevailing Wage Program, in conjunction with a subcommittee of the Prevailing Wage Advisory Committee, is developing scope of work language for job classifications that have wage rates but no written scope of work description. The following scopes have been approved by the subcommittee: street sweepers, tint and coating installer, and stage rigging mechanics. We are currently developing language for the following scopes: surveyors, industrial power vacuum cleaners, dredge workers, and divers and tenders

 

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Workplace Rights

Richard Ervin, Employment Standards

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

New Wage Payment Act

A new law passed in 2006 – the Wage Payment Act — allows L&I to collect wages owed to workers through a new process. Under this process, L&I will investigate wage complaints filed by workers and work with employers and workers to resolve them. If unsuccessful, L&I will ask the employer to pay the wages in a citation. Or L&I may determine that the employer does not owe wages. Either way, the employer or the worker can appeal L&I’s decision through an administrative process.

The new law also includes provisions that provide additional certainty to employers: L&I must waive the penalty if the employer pays within 10 days of receiving the citation; an employee who accepts the payment of wages and interest is barred from pursuing other actions for the same complaint; and L&I cannot assess penalties if an employer relied on a rule, interpretation, policy, determination or advice from L&I.

The new process is a significant change from the way we handled wage claims for years. New claim forms, instructions and form letters have been developed and L&I field and office staffs are undergoing training. WE are already educating workers and employers with clear instructions so that they understand their rights and responsibilities during each step of the process.

There will be more information added to the Wage & Hour web page as the new law is implemented.

Employer Cited for Hiring 14-year-old Roofer

L&I recently cited Armstrong Construction $14,200 for violations of the child-labor regulations.


The company had employed a 14-year-old to work in roofing, which is a prohibited occupation. The serious violations included:

  • Allowing a 14-year-old minor to work more than 10 feet off the ground.
  • Allowing a 14-year-old minor to perform construction.
  • Allowing minor to work during school hours.
  • Scheduling minor to work beyond the maximum hours allowed.
  • No Minor Work Permit.
  • Armstrong Construction has paid the fine.

If you employ minors or are considering hiring minors, be sure you are familiar with the types of work that are prohibited and the hours that minors are allowed to work. If you have specific questions, please contact Mary Miller or 360-902-6041.

New Family Leave Legislation

As a result of a new law from the 2006 Legislative Session, the Washington State Family Leave Act now provides family and medical leave coverage that is identical to the federal Family and Medical Leave Act (FMLA). In addition, the new law provides additional leave protection for women for disability due to pregnancy and childbirth. We will be updated the rules to incorporate these changes.

The Family Care rules (which regulate use of accrued leave to care for family members) are also being updated to incorporate legislative changes.

More information will be available on the Leave & Benefits web site.

If you have specific questions, please contact Mary Miller or 360-902-6041.

Other L&I information

At L&I's Claim & Account Center, employers, workers, doctors, RETRO groups and third-party administrators can check the status of workplace injuries, check employer accounts, and send information to L&I. The Claim & Account Center is fast, secure, easy to use, and it's free!

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Events

Contractor Training Days

Aug. 25, 2006, Mount Vernon
Sept. 29, 2006, Spokane
Oct. 27, 2006, Seattle
Nov. 17, 2006, Yakima

See Contractor Training Days for details and to register for this free training.

Consumer Education Events

Sept. 8 – 10, 2006
Big Olympia Home and Garden Show
St. Martins University
Lacey

Oct. 2 – 15, 2006
Tacoma Fall Home Show
Tacoma Dome

Oct. 12 – 15, 2006
Seattle Home Show 2
Qwest Event Center

Oct. 20 – 22, 2006
Everett Fall Home Show
Everett Events Center

Proposed rule changes, public hearings

Board of Boiler Rules Meeting
September 19-20, 2006
10 a.m.
Tacoma Labor and Industries
Room #3
950 Broadway Suite 200
Tacoma, WA

Board of Boiler WAC Changes
Nov. 7-8, 2006, 10 a.m.
(Public hearing on proposed WAC changes will be on the 8th.)
Tacoma Labor and Industries
Room 3
950 Broadway, Suite 200
Tacoma, WA



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 11, Summer 2006

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.

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