Labor News

To check on important bills

Go to http://www.leg.wa.gov/legislature/, click on "bill search" on the right side of the bar. This will give you a box to type in a bill number. Click on "Senate bill report", go to the bottom to check the PRO & CON. We generally fall in with the rest of labor.

We work with The WASHINGTON STATE LABOR COUNCIL on worker related issues

that affect Carpenters. Other web sites : changetowin.org seattlebuildingtrades.org and

wslc.org

Political Action

2008 Building Trades Priority Bills as Passed the Legislature

ESHB 3122: Underground Economy, Employer / Worker Definition

The Underground Economy Task Force recommended that different definitions of covered worker and employment exceptions used by the agencies be blended into one consistent definition in the 2008 Legislative Session to provide a consistent test for Labor and Industries and the Employment Security Department to differentiate workers, employers and independent contractors. ESHB 3122 creates a test for determining whether a construction worker is a covered worker or uncovered independent contractor for purposes of unemployment and industrial insurance laws. This bill is a substantial move forward towards collecting lost revenues due the state, and providing the construction industry and the public a clear definition of a worker. ESHB 3122 passed from the House with 92 yeas, 2 nays, 0 absent and 4 excused. The bill passed the Senate with 33 yeas, 16 nays, 0 absent and 0 excused.

2SSB 6732: Underground Economy, Education, Outreach and Compliance

At its final meeting in 2007, the Task Force developed a list of recommendations for Legislative and Budgetary action during the 2008 Legislative Session. 2SSB 6732 is the result of those recommendations and will accomplish the following:

Applicants for registration as a contractor must submit a unified business identifier (UBI) number. L&I must deny an application for registration as a contractor and suspend an active registration if the applicant has falsified information on the application or the applicant does not have an active and valid certificate of registration with the Department of Revenue (DOR). Additionally, a person who submits false information on an application for registration is subject to a penalty of up to ten thousand dollars.
A contractor is prohibited from bidding on public works projects for one year if, within a five year period, he or she commits two violations of any of the following: willfully violates contractor registration laws; knowingly misrepresents the amount of his or her payroll or employee hours to L&I; engages in business without a certificate of coverage under the industrial insurance provisions; or commits a second violation of the contractor registration laws.
Employers must keep records of the compensation paid to contractors and electricians with whom they contract. Government agencies may disclose records between themselves if the agencies would be otherwise permitted to obtain that information.
L&I must add staff to the Fraud Audit Infraction and Revenue contractor fraud team and both L&I and Employment Security Department must hire additional auditors. If funds are available, funding must be dedicated to the Office of the Attorney General for contractor compliance cases.
An expanded social marketing campaign must be created to warn consumers of the risks and potential consequences of hiring unregistered contractors.
A pilot project must be established between L&I and local jurisdictions to explore ways to improve the collection and sharing of building permit information.
The term of the Task Force is extended to December 31, 2008.

2SSB 6732 passed the Senate with 48 yeas, 0 nays, 0 absent, 1 excused. The bill passed the House with 94 yeas, 2 nays, 0 absent, 2 excused. The Senate then concurred with the following result: 47 yeas, 0 nays, 1 absent and 1 excused.

SSB 6751: Unemployment Insurance for Commissioner-Approved Apprenticeship Programs

Prior to 2003, apprentices were eligible for UI benefits as they entered state-approved apprenticeship programs and met the requirements of Commissioner Approved Training (CAT). Unintended consequences of UI changes in 2003 created roadblocks for apprentices to transition into these programs. Under Washington's unemployment compensation law a person is eligible to receive unemployment benefits if the circumstances of their departure fall under one of several "good cause" categories. SSB 6751 establishes an additional "good cause", covering individuals who left work to enter an apprenticeship program approved by the Washington State Apprenticeship Training Council. On its departure from the Senate SSB 6751 passed with 35 yeas, 13 nays, 0 absent and 1 excused. The bill passed from the House amended with 62 yeas, 32 nays, 0 absent and 4 excused. The concurrence vote from the Senate was 32 yeas, 16 nays, 0 absent and 1 excused.

E2SHB 3139: Benefits on Appeal

One of the priorities of the Building Trades this session was benefits on appeal. E2SHB 3139 insures fairness and just treatment for injured workers navigating the workers compensation system by allowing workers who have lost their ability to earn wages and to provide for their families due to worksite injuries by providing benefits while decisions about their claim are on appeal whether their employer is self-insured or contributes to the state fund at L&I.

E2SHB 3139 provides that an order awarding industrial insurance benefits becomes due on the date issued unless the Board of Industrial Insurance Appeals orders a stay.
Provides that a motion for a stay must be filed within 15 days of an order granting an appeal. The Board must conduct an expedited review of the claim file as it existed on the date of the Department order. Within 25 days of the filing of the motion or the order granting appeal, whichever is later, the Board must issue a decision. The Board must grant a motion to stay if the person seeking the stay demonstrates that it is more likely than not to prevail on the facts as they existed at the time of the order. The Board must not consider the likelihood of recoupment of benefits as a basis to grant or deny a stay.
Creates a worker-funded account that will reimburse employer and state fund overpayment costs.
Requires the Department of Labor and Industries to establish procedures for self-insured employers to recoup overpayments from state fund claims.
And requires the Department of Labor and Industries to study workers' compensation appeals and the impacts of the legislation.

E2SHB 3139 passed the House with 62 yeas, 32 nays, 0 absent and 4 excused. The bill passed from the Senate with 49 yeas, nays, 0 absent and 0 excused. Following amendments made to the bill in the House the Senate refused to concur and E2SHB 3139 was designated for conference.

Click here to continue