Rule Updates

Rules Under Development

Prevailing wage

Chapter 296-127, WAC

All updates for this rule:

Landscape Maintenance Workers (Chapter 296-127 WAC, Prevailing Wage)

The purpose of this rulemaking is to amend Chapter 296-127 WAC, Prevailing Wage, by permanently adopting the Landscape Maintenance Worker scope of work. The department adopted emergency rules on March 8, 2019, effective March 11, 2019, establishing this scope as separate and unique from Landscape Construction (Landscape Laborer).849.

3/8/2019

PDF: Preproposal (CR-101)

Emergency Rule: Landscape Maintenance Workers (Chapter 296-127 WAC, Prevailing Wage)

This emergency rulemaking will amend Chapter 296-127 WAC, Prevailing Wage, to provide a new scope of work specific to landscape maintenance that is separate and unique from landscape construction. Under the emergency rule, the Landscape Maintenance Worker scope of work description is work involved in the tending to and maintenance of a previously beautified plot of land. A description of specific activities that may be within the scope and activities that are not included in the scope are listed in the rule. 2018’s Substitute Senate Bill 5493, effective June 7, 2018, revised RCW 39.12.015. Under the new law, the department is directed to “establish the prevailing rate of wage… established in collective bargaining agreements for those trades and occupations that have collective bargaining agreements.” Where no collective bargaining agreement (CBA) exists, the department is to conduct wage and hour surveys. Other methods may be used where a survey is not sufficient. The department implemented SSB 5493 in the prevailing rates published on August 1, 2018. As a result of the new law, the rates for Landscape Construction (“Landscape Laborer”) significantly increased. On February 25, 2019, the department received a petition from the Association of Washington Cities (AWC) to create a separate landscape maintenance scope of work. Due to the increase in costs, cities are deferring or eliminating necessary maintenance to keep public areas safe, including: preparing parks, athletic fields, trails and other recreational facilities for the spring and summer season; maintenance of critical vegetation on stormwater facilities like retention ponds; and storm related clean-up to remove dangerous debris from public spaces. Lack of adequate maintenance will result in unsafe facilities creating risks to the public and liability concerns for cities. The department has also heard from companies who contract with cities to do landscape maintenance work with concerns that contracts are not being renewed and workers will be laid off as result. Under WAC 296-127-013, scope of work descriptions may be issued by the director or designee to determine the applicable prevailing wage and are created using authoritative sources including: apprenticeship standards; CBAs; dictionaries of occupational titles; experts from organized labor, licensed contractors, and contractors' associations; and recognized labor and management industry practice. Under WAC 296-127-01346, the introductory paragraph of the Landscape Construction scope of work description is work involved in the beautification of a plot of land by changing its natural features through the addition or modification of lawns, trees, bushes, etc. Upon review of the scope of the work, the department determined that the separate scope for Landscape Maintenance Worker is appropriate. Based on information from the AWC and contractors, the rules meet the criteria for emergency rules as needed for the preservation of public health, safety, or general welfare. The department is also filing a Preproposal Statement of Inquiry (CR-101) to initiate permanent rulemaking. The changes were adopted 3/8/2019 and became effective on 3/11/2019.848.

3/11/2019

Rule Changes Effective

3/8/2019

PDF: Emergency Order Adoption (CR 103)

PDF: Adopted Rule Language

Prevailing Wage Housekeeping (Chapter 296-127 WAC)

The purpose of this rulemaking is to review the prevailing wage rules in Chapter 296-127 WAC for housekeeping changes in order to further clarify the language without changing their effect of any rule except where necessary to align with statute or case law. No substantive changes will be considered in this rule. Possible changes under consideration include: Update references to correct current statues and addresses; Change to gender neutral language; and Replace archaic terminology.840.

12/18/2018

PDF: Preproposal (CR-101)

Truck Drivers (WAC 296-127-01398)

The purpose of this rulemaking 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. Clearly identifying the extent of this trade and occupation will assist in better identifying the exact universe 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 changes were adopted 9/20/2016 and became effective on 11/1/2016.748.

11/1/2016

Rule Changes Effective

9/20/2016

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

8/19/2016

Public Hearing

8/19/2016

Comments Due

7/5/2016

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

1/5/2016

PDF: Preproposal (CR-101)

Ready Mix Truck Drivers (WAC 296-127-01366)

The purpose of this rulemaking is to adopt a new rule as a prevailing wage scope of work description for Ready Mix 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 Ready Mix Truck Drivers. Clearly identifying the extent of this trade and occupation will assist in better identifying the exact universe 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 changes were adopted 9/20/2016 and became effective on 11/1/2016.747.

11/1/2016

Rule Changes Effective

9/20/2016

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

8/19/2016

Public Hearing

8/19/2016

Comments Due

7/5/2016

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

1/5/2016

PDF: Preproposal (CR-101)

Motor Shop Electricians (WAC 296-127-01324)

The purpose of this rulemaking is to adopt a new rule as a prevailing wage scope of work description for Motor Shop Electricians. 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 Motor Shop Electricians. Clearly identifying the extent of this trade and occupation will assist in better identifying the exact universe 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 changes were adopted 9/20/2016 and became effective on 11/1/2016.746.

11/1/2016

Rule Changes Effective

9/20/2016

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

8/19/2016

Public Hearing

8/19/2016

Comments Due

7/5/2016

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

1/5/2016

PDF: Preproposal (CR-101)

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