Apprenticeships/tribal gov.

AN ACT Relating to affording federally approved apprenticeship 1
programs operated by tribal governments the same rights and 2
responsibilities as other apprenticeship programs in the skilled and 3
trained workforce standards for high hazard facilities; amending RCW 4
49.80.010, 49.80.020, and 49.80.030; and creating a new section.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature recognizes the sovereignty 7
of federally recognized tribal governments and the essential role 8
their apprenticeship programs play in the development of a skilled 9
and trained workforce, particularly in rural and underrepresented 10
communities. Tribal apprenticeship programs ensure tribal members 11
have equitable access to employment and training opportunities in 12
critical industries, including in the building and construction 13
trades at petroleum refineries and in petrochemical manufacturing. 14
The legislature intends for apprenticeship programs operated by 15
federally recognized tribal governments to have the same rights and 16
responsibilities as other approved programs that supply workers to 17
these critical industries, so long as those programs have completed 18
the federal approval process for apprenticeship programs.19
H-0541.2
HOUSE BILL 1737
State of Washington 69th Legislature 2025 Regular Session
By Representatives Schmidt, Paul, Timmons, Griffey, Klicker, Volz,
Low, Rule, Shavers, Kloba, Reed, Zahn, Nance, and Pollet
Read first time 01/30/25. Referred to Committee on Labor & Workplace
Standards.
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Sec. 2. RCW 49.80.010 and 2019 c 306 s 1 are each amended to 1
read as follows: 2
The definitions in this section apply throughout this chapter 3
unless the context clearly requires otherwise. 4
(1) "Apprenticeable occupation" means an occupation for which an 5
apprenticeship program has been approved by the Washington state 6
apprenticeship and training council pursuant to chapter 49.04 RCW.7
(2) "Department" means the department of labor and industries.8
(3) "On-site work" does not include ship and rail car support 9
activities; environmental inspection and testing; security guard 10
services; work which is performed by an original equipment 11
manufacturer for warranty, repair, or maintenance on the vendor's 12
equipment if required by the original equipment manufacturer's 13
warranty agreement between the original equipment manufacturer and 14
the owner; industrial cleaning not related to construction; safety 15
services requiring professional safety certification; nonconstruction 16
catalyst loading, regeneration, and removal; chemical purging and 17
cleaning; refinery by-product separation and recovery; inspection 18
services not related to construction; and work performed that is not 19
in an apprenticeable occupation. 20
(4) "Prevailing hourly wage rate" has the meaning provided for 21
"prevailing rate of wage" in RCW 39.12.010. 22
(5) "Registered apprentice" means an apprentice registered in 23
((an)): (a) An apprenticeship program approved by the Washington 24
state apprenticeship and training council according to chapter 49.04 25
RCW; or (b) an apprenticeship program approved by the federal 26
government and operated by a federally recognized tribal government.27
(6) "Skilled and trained workforce" means a workforce that meets 28
both of the following criteria: 29
(a) All the workers are either registered apprentices or skilled 30
journeypersons; and 31
(b) The workforce meets the apprenticeship graduation and 32
approved advanced safety training requirements established in RCW 33
49.80.030. 34
(7) "Skilled journeyperson" means a worker who meets all of the 35
following criteria: 36
(a) The worker either ((graduated)): (i) Graduated from an 37
apprenticeship program for the applicable occupation that was 38
((approved)): (A) Approved by the Washington state apprenticeship and 39
training council according to chapter 49.04 RCW((,)); or (B) approved 40
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by the federal government and was operated by a federally recognized 1
tribal government; or (ii) has at least as many hours of on-the-job 2
experience in the applicable occupation that would be required to 3
graduate from an apprenticeship program approved by the Washington 4
state apprenticeship and training council according to chapter 49.04 5
RCW; and 6
(b) The worker is being paid at least a rate commensurate with 7
the wages typically paid for the occupation in the applicable 8
geographic area, subject to the following provisions:9
(i) The prevailing wage rate paid for a worker in the applicable 10
occupation and geographic area on public works projects may be used 11
to determine the appropriate rate of pay, however, this subsection 12
(7)(b) does not require a contractor to pay prevailing wage rates; 13
and 14
(ii) In no case may the worker be paid at a rate less than an 15
hourly rate consistent with the seventy-fifth percentile in the 16
applicable occupation and geographic area in the most recent 17
occupational employment statistics published by the employment 18
security department. 19
Sec. 3. RCW 49.80.020 and 2019 c 306 s 2 are each amended to 20
read as follows: 21
(1) An owner or operator of a stationary source that is engaged 22
in activities described in code 324110 or 325110 of the North 23
American industry classification system, when contracting for the 24
performance of construction, alteration, demolition, installation, 25
repair, or maintenance work at the stationary source, shall require 26
that its contractors and any subcontractors use a skilled and trained 27
workforce to perform all on-site work within an apprenticeable 28
occupation in the building and construction trades. This section 29
shall not apply to oil and gas extraction operations.30
(2)(a) The department in consultation with the Washington state 31
apprenticeship and training council shall approve a curriculum of in-32
person classroom and laboratory instruction for approved advanced 33
safety training for workers at high hazard facilities.34
(b) The safety training must be provided by a training 35
provider((, which may include a registered apprenticeship program, )) 36
approved by the department, which may include but is not limited to a 37
state approved apprenticeship program or federally approved and 38
tribal-operated apprenticeship program . The department must 39
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periodically review and revise the curriculum to reflect current best 1
practices. 2
(c) Upon receipt of certification from the approved training 3
provider, the department must issue a certificate to a worker who 4
completes the approved curriculum. 5
(d) The department may accept a certificate or other 6
documentation issued by another state or tribal government if the 7
department finds that the curriculum and documentation of the other 8
state or tribal government meets the requirements of this subsection.9
(3) This section applies to work performed under contracts 10
awarded, contract extensions, and contract renewals occurring on or 11
after January 1, 2020. This section shall also apply to work 12
performed under a contract awarded before January 1, 2020, if the 13
work is performed more than one year after January 1, 2020.14
(4) This section does not apply to: 15
(a) The employees of the owner or operator of the stationary 16
source, nor does it prevent the owner or operator of the stationary 17
source from using its own employees to perform any work that has not 18
been assigned to contractors while the employees of the contractor 19
are present and working; 20
(b) A contractor who has requested qualified workers from the 21
local hiring halls or apprenticeship programs that dispatch workers 22
in the apprenticeable occupation and who, due to workforce shortages, 23
is unable to obtain sufficient qualified workers within forty-eight 24
hours of the request, Saturdays, Sundays, and holidays excepted; and25
(c) Emergencies that make compliance impracticable because they 26
require immediate action to prevent harm to public health or safety 27
or to the environment. This section applies as soon as the emergency 28
is over or it becomes practicable for contractors to obtain a 29
qualified workforce. 30
(5) The requirements under subsection (1) of this section apply 31
to each individual contractor's and subcontractor's on-site 32
workforce. 33
(6) The requirements of this section do not make the work 34
described in subsection (1) of this section a public work within the 35
meaning of RCW 39.04.010. 36
Sec. 4. RCW 49.80.030 and 2019 c 306 s 3 are each amended to 37
read as follows: 38
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The following implementation schedule must be complied with to 1
meet the requirements of RCW 49.80.020 for a skilled and trained 2
workforce to perform all on-site work within an apprenticeable 3
occupation in the building and construction trades:4
(1)(((a) By January 1, 2021, at least twenty percent of the 5
skilled journeypersons must be graduates of an apprenticeship program 6
for the applicable occupation approved by the Washington state 7
apprenticeship and training council under chapter 49.04 RCW;8
(b) By January 1, 2022, at least thirty-five percent of the 9
skilled journeypersons must be graduates of an apprenticeship program 10
for the applicable occupation approved by the Washington state 11
apprenticeship and training council under chapter 49.04 RCW;12
(c) By January 1, 2023, at least forty-five percent of the 13
skilled journeypersons must be graduates of an apprenticeship program 14
for the applicable occupation approved by the Washington state 15
apprenticeship and training council according to chapter 49.04 RCW; 16
and17
(d) By January 1, 2024, at )) At least sixty percent of the 18
skilled journeypersons must be graduates of ((an)) either: (a) An 19
apprenticeship program for the applicable occupation approved by the 20
Washington state apprenticeship and training council according to 21
chapter 49.04 RCW; or (b) a tribal-operated apprenticeship program 22
for the applicable occupation approved by the federal government; and23
(2) ((By January 1, 2022, all )) All workers in the skilled and 24
trained workforce must have completed within the past three calendar 25
years at least twenty hours of approved advanced safety training for 26
workers at high hazard facilities. 27
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