Hazardous facility workforce

AN ACT Relating to requiring building and construction 1
contractors to use a skilled and trained workforce for performing 2
work at certain hazardous facilities; adding a new chapter to Title 3
49 RCW; and providing an effective date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The definitions in this section apply 6
throughout this chapter unless the context clearly requires 7
otherwise.8
(1) "Applicable occupation" means the specific trade or 9
occupation for the work performed under this chapter as defined by 10
the scope of work description under chapter 39.12 RCW and associated 11
rules, or defined by the standard occupational classification 12
description. 13
(2) "Apprenticeable occupation" means an occupation for which an 14
apprenticeship program has been approved by the Washington state 15
apprenticeship and training council pursuant to chapter 49.04 RCW.16
(3) "Covered facility" means any of the following: Pulp mill, 17
paper mill, hog fuel/biomass production and energy generation plant, 18
fossil fuel power plant, or nuclear power plant, including any 19
generation, testing, or demonstration facility. 20
(4) "Department" means the department of labor and industries.21
H-2715.2
HOUSE BILL 2392
State of Washington 69th Legislature 2026 Regular Session
By Representatives Scott, Berry, Reed, Obras, Parshley, Street,
Duerr, Ormsby, and Pollet
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Labor & Workplace Standards.
p. 1 HB 2392
(5) "On-site work" does not include: Ship and rail car support 1
activities; environmental inspection and testing; security guard 2
services; work which is performed by an original equipment 3
manufacturer for warranty, repair, or maintenance on the vendor's 4
equipment if required by the original equipment manufacturer's 5
warranty agreement between the original equipment manufacturer and 6
the owner; industrial cleaning not related to construction; safety 7
services requiring professional safety certification; nonconstruction 8
catalyst loading, regeneration, and removal; chemical purging and 9
cleaning; inspection services not related to construction; and work 10
performed that is not in an apprenticeable occupation.11
(6) "Prevailing rate of wage" has the same meaning as provided in 12
RCW 39.12.010. 13
(7) "Registered apprentice" means an apprentice who meets all the 14
following criteria: 15
(a) Is registered in an apprenticeship program approved by the 16
Washington state apprenticeship and training council according to 17
chapter 49.04 RCW; 18
(b) Has received written notification from the employer 19
identifying his or her applicable occupation and wage rates prior to 20
performing work, a copy of which must be maintained in the employee's 21
personnel file by the employer; and 22
(c) Is only performing work within the applicable occupation of 23
the apprenticeship program in which he or she is registered.24
(8) "Skilled and trained workforce" means a workforce that meets 25
both of the following criteria: 26
(a) All the workers are either registered apprentices or skilled 27
journeypersons; and 28
(b) The workforce meets the apprenticeship graduation and 29
approved advanced safety training requirements established in section 30
3 of this act. 31
(9) "Skilled journeyperson" means a worker who meets all of the 32
following criteria: 33
(a) The worker either graduated from an apprenticeship program 34
for the applicable occupation that was approved by the Washington 35
state apprenticeship and training council according to chapter 49.04 36
RCW, or has at least as many hours of on-the-job experience in the 37
applicable occupation that would be required to graduate from an 38
apprenticeship program approved by the Washington state 39
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apprenticeship and training council according to chapter 49.04 RCW; 1
and 2
(b) The worker's wage payment requirement is at least consistent 3
with the prevailing rate of wage for a worker in the applicable 4
occupation and geographic area. 5
NEW SECTION. Sec. 2. (1) In any contract involving 6
construction, alteration, demolition, installation, repair, or 7
maintenance work at a covered facility, the owner or operator of the 8
covered facility shall require that its contractors and any 9
subcontractors use a skilled and trained workforce to perform all on-10
site work within an apprenticeable occupation in the building and 11
construction trades.12
(2)(a) The department, in consultation with the Washington state 13
apprenticeship and training council, shall approve a curriculum of 14
in-person classroom and laboratory instruction for approved advanced 15
safety training for workers at covered facilities.16
(b) The safety training must be provided by a training provider, 17
which may include a registered apprenticeship program, approved by 18
the department. The department must periodically review and revise 19
the curriculum to reflect current best practices. 20
(c) Upon receipt of certification from the approved training 21
provider, the department must issue a certificate to a worker who 22
completes the approved curriculum. 23
(d)(i) The department may accept a certificate received for 24
training under chapter 49.80 RCW. 25
(ii) The department may accept other documentation issued by 26
another state if the department finds that the curriculum and 27
documentation of the other state meets the requirements of this 28
subsection. 29
(3) This section applies to work performed under contracts 30
awarded, contract extensions, and contract renewals occurring on or 31
after January 1, 2027. This section also applies to work performed 32
under a contract awarded before January 1, 2027, if the work is 33
performed on or after January 1, 2028. 34
(4) This section does not apply to: 35
(a) The employees of the owner or operator of the covered 36
facility, nor does it prevent the owner or operator of the covered 37
facility from using its own employees to perform any work that has 38
p. 3 HB 2392
not been assigned to contractors while the employees of the 1
contractor are present and working; 2
(b) A contractor who has requested qualified workers from the 3
local hiring halls or apprenticeship programs that dispatch workers 4
in the apprenticeable occupation and who, due to workforce shortages, 5
is unable to obtain sufficient qualified workers within 48 hours of 6
the request, Saturdays, Sundays, and holidays excepted; and7
(c) Emergencies that make compliance impracticable because they 8
require immediate action to prevent harm to public health or safety 9
or to the environment. This section applies as soon as the emergency 10
is over or it becomes practicable for contractors to obtain a 11
qualified workforce. 12
(5) The requirements under subsection (1) of this section apply 13
to each individual contractor's and subcontractor's on-site 14
workforce. 15
(6) The requirements of this section do not make the work 16
described in subsection (1) of this section a public work within the 17
meaning of RCW 39.04.010. 18
NEW SECTION. Sec. 3. In order to meet the requirements under 19
section 2 of this act to use a skilled and trained workforce to 20
perform all on-site work within an apprenticeable occupation in the 21
building and construction trades:22
(1)(a) By January 1, 2027, no less than 30 percent of a 23
contractor's or subcontractor's skilled journeypersons must be 24
graduates of an apprenticeship program for the applicable occupation 25
approved by the Washington state apprenticeship and training council 26
according to chapter 49.04 RCW; 27
(b) By January 1, 2028, no less than 60 percent of a contractor's 28
or subcontractor's skilled journeypersons must be graduates of an 29
apprenticeship program for the applicable occupation approved by the 30
Washington state apprenticeship and training council according to 31
chapter 49.04 RCW; and 32
(2) By January 1, 2028, all of the contractor's or 33
subcontractor's skilled journeypersons and registered apprentices 34
must have completed at least 20 hours of approved advanced safety 35
training for workers at covered facilities within the prior three 36
calendar years. 37
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NEW SECTION. Sec. 4. (1) Failure to comply with the skilled and 1
trained workforce requirements of this chapter, except the 2
requirement that a worker be paid at a rate commensurate with wages 3
typically paid for the occupation, constitutes a violation of chapter 4
49.17 RCW.5
(2) The wage rate requirement of section 1 (9)(b) of this act 6
constitutes a wage payment requirement as defined in RCW 49.48.082.7
(3) A worker in an apprenticeable occupation performing work 8
under this chapter who does not meet the definition of a registered 9
apprentice in section 1 of this act or the definition of a skilled 10
journeyperson in section 1 of this act constitutes a skilled 11
journeyperson solely for the purposes of the wage requirement owed to 12
the worker. 13
NEW SECTION. Sec. 5. The department may adopt rules necessary 14
to implement this chapter.15
NEW SECTION. Sec. 6. Sections 1 through 5 of this act 16
constitute a new chapter in Title 49 RCW.17
NEW SECTION. Sec. 7. This act takes effect January 1, 2027.18
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