ESHB 1817/RCW 49.80 High Hazard Facilities -

What do the requirements apply to? Applies to:
Contractors and subcontractors performing onsite work within an apprenticeable occupation in the building and construction trade<br>

What do the requirement not apply to? “Onsite work” exclusions
Employees of the owner/operator of the refinery
Where the contractor has asked for, but cannot get, qualified workers from local hiring halls or apprenticeship programs within 48 hours
Emergencies that make compliance impracticable
Where immediate action to prevent harm to public health or safety or to the environment is needed
Requirement apply as soon as the emergency is over or it is practicable for contractors to obtain a qualified workforce<br>

“Onsite work” exclusions Ship and car support activities
Environmental inspection and testing
Security guard services
Certain warranty work performed by an original equipment manufacturer
Industrial cleaning and inspection services not related to construction
Safety services requiring professional safety certification
Non-construction catalyst loading, regeneration, and removal
Chemical purging and cleaning
Refinery byproduct separation and recovery
Work performed that is not in an apprenticeable occupation<br>

Effective dates January 1, 2020 – requirements in effect apply to work performed under contracts awarded, extended, or renewed on or after January 1, 2020
January 1, 2021 – requirements in effect apply to work performed under contracts regardless of the date awarded
Some requirements delayed or phased in<br>

What is a skilled and trained workforce? A skilled and trained workforce means a workforce that meets both of the following criteria:
All the workers are either a registered apprentice in a Washington State Apprenticeship and Training Council (WSATC)-approved apprenticeship program or a skilled journeyperson
The workforce meets the apprenticeship graduation requirements and approved advanced safety training requirements<br>

What is a skilled journeyperson? A skilled journeyperson is worker who meets all the following criteria:
Has either graduated from a WSATC-approved apprenticeship program for the applicable occupation or has at least as many hours of on-the-job experience as would be required to graduate
Is paid a rate commensurate with a rate typically paid for the occupation, and no less than the 75th percentile in the applicable occupation and geographic area in the most recent occupational employment statistics published by the Employment Security Department<br>

Apprenticeship Graduation Requirements Phased-in schedule for percentages of skilled journeyperson who must be graduates from a WSATC-approved apprenticeship program:
by January 1, 2021, at least 20 percent
by January 1, 2022, at least 35 percent
by January 1, 2023, at least 45 percent
by January 1, 2024, at least 60 percent<br>

Advanced Safety Training By January 1, 2022, all workers must have completed within the last three years at least 20 hours of approved advanced safety training
L&I’s Division of Occupational Safety and Health (DOSH) approves safety training curriculum in consultation with WSATC
Training must be provided by a training provider approved by DOSH
Approved trainer providers includes a registered apprentice program
DOSH can accept training certificates from another state if it meets Washington State requirements<br>

Implementation Dates<br>

L&I and WSATC - Roles Approval of new apprenticeship programs – WSATC
Administrative support of WSATC – L&I Apprenticeship Program
Enforcement of skilled and workforce requirements (expect wage payment requirements) – L&I DOSH
Approving Safety Training Curriculum – L&I DOSH in consultation with WSATC
Approving Safety Training Providers – L&I DOSH
Issuing training certificates – L&I DOSH
Investigation of wage payment requirements complaints – L&I Employment Standards Program<br>

Status and Next Steps - Apprenticeship Program Working through the objection process on 8 sets of apprenticeship standard proposals
Hearings will be conducted on 2 standards by the WSATC
The other 6 have been sent to the Office of Administrative Hearing
Working on scheduling mediation for each of these standards

There are 6 new proposals for the January WSATC meeting as well as 2 federal programs requesting reciprocity
All of these proposals have objections<br>

Status and Next Steps – DOSH Rulemaking “Skilled and Trained Workforce” requirements included in upcoming proposed Refinery Process Safety Management rules
DOSH Directive 24.70 currently in place
Safety Training rulemaking<br>

Next Steps – Safety Training We are looking at language in WAC 296-65, Asbestos removal and encapsulation for language and requirements
This rule has sections on training course content, training course approval, issuing certificates and reciprocity with other states<br>

Next Steps - Safety Training The official rulemaking process will start in early February when the CR-101 is filed
We intend to have the first rulemaking stakeholder meeting in mid to late March
Copies of draft language will be made available to stakeholders ahead of the meeting<br>

Question?<br>

Contacts:
Alan Lundeen, Senior Program Manager, DOSH
alan.lundeen@Lni.wa.gov
360-902-4758

Jim Kaltenbaugh, Apprentice Utilization Requirements Specialist
james.Kaltenbaugh@Lni.wa.gov
360-902-5373

Maggie Leland, L&I Policy Director
Maggie.leland@Lni.wa.gov
360-902-4504<br>