Washington Administrative Code

For the purposes of this chapter:(1) "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity.(2) "Agricultural employer" means any person engaged in agri…

(1) To obtain a license, a contractor must:(a) Complete an application for a license;(b) Provide the information required by RCW 19.30.030 (1), (6), and (7);(c) Obtain a surety bond or provide other acceptable security to the department. If the contractor obtains a bond, it must …

(1) The department may refuse to issue or renew a license for the reasons listed in RCW 19.30.050 and 19.30.060. If the department refuses a license for any of these reasons, it shall serve on the contractor a notice of denial of license. The notice of denial of license shall:(a)…

(1) A contractor who intends to transport employees must obtain liability insurance. The department shall require public liability and property damage insurance that provides coverage, for each single occurrence and for each vehicle used to transport employees, in the following m…

(1) A contractor must provide a bond or security in the following minimum amount:(a) If the contractor employs or intends to employ:(i)From one to ten employees:$ 5,000(ii)From eleven to fifty employees:$10,000(iii)From fifty-one to one hundred employees:$15,000(iv)Over one hundr…

(1) The fee for a one-year license is:(a) For a contractor engaged in forestation or reforestation:$100.00(b) For all other contractors:$ 35.00(2) The fee for a two year license is: (a) For a contractor engaged in forestation or reforestation:$200.00(b) For all other contractors:…

If a contractor loses its license, or if the license is stolen or destroyed, the contractor may obtain a duplicate license upon application to the department. The application must specify the reason a duplicate is necessary.The duplicate license shall be stamped prominently with …

A contractor who is obtaining its initial license shall be licensed for one year only. A contractor who is renewing its license may choose to obtain either a one-year or two-year license, unless the department informs the contractor that it may obtain only a one-year license.All …

(1) If a contractor changes its business structure (for example, if it changes from a partnership to a corporation, or if the partners in a partnership change), the contractor must apply for a new license in the manner required by WAC 296-310-020. If a contractor does not obtain …

(1) No surety company may cancel any bond issued to a contractor pursuant to RCW 19.30.040, unless the contractor previously submits another bond or other security, for the same amount, that covers the contractor's liability for the same period as that for the bond that is to be …

(1) If a contractor is secured, the department shall release its interest in the security three years after the contractor's last license expired. The department shall not release its interest, however, if an unsatisfied judgment or claim is outstanding against the contractor.(2)…

(1) The department may revoke a contractor's license for the reasons listed in RCW 19.30.050(1) and 19.30.060. If the department revokes a license, it shall serve on the contractor a notice of revocation. The notice of revocation shall:(a) Describe concisely the ground for the re…

Any person may submit to the department a complaint alleging a violation of chapter 19.30 RCW or challenging an application for a license. The complaint must describe the alleged violation or ground for denying a license, and must identify the alleged violator or applicant. It wo…

The department shall investigate a complaint unless the complaint was submitted more than three years after the date of the alleged violation. The department shall not investigate any complaint filed more than three years after the date of the violation.[Statutory Authority: RCW …

(1) If the department determines that there is reasonable cause to believe that chapter 19.30 RCW has been violated, the department shall serve on the violator a notice of violation. The notice of violation shall:(a) Describe concisely the violation;(b) Specify which statute was …

(1) The contractor or violator, or the violator's surety if the surety has an interest in the matter, may request a hearing on the matter asserted in a notice of denial of license, a notice of revocation, a notice of increased bond amount, or a notice of violation. One original a…

(1) The director may hear an appeal personally or may delegate the authority to hold the hearing and draft a proposed decision to an administrative law judge pursuant to chapter 34.12 RCW. The plaintiff at the hearing shall be the department and the defendants shall be the contra…

If the director issues a final decision that includes a finding that a violator owes unpaid wages or damages, and the finding is not appealed or is affirmed by the courts, the finding and the decision are res judicata in any action by the department, or by any other person who wa…

(1) RCW 19.30.160(4) authorizes the department to sue a violator and its surety on behalf of an employee to recover unpaid wages and other damages. The department is not required to bring suit and, in its sole discretion, may decide not to do so in any case. The department also s…

(1) A suit against a contractor and its bond or security for unpaid wages or damages may be brought in any court with jurisdiction. The venue may be in the county in which the claim arose, or in which either the damaged person or the defendant resides.(2) When a contractor is sue…

(1) If a contractor is secured, a plaintiff who has received a final judgment against a contractor may satisfy the judgment out of the security held by the department.(2) The department shall satisfy a final judgment if the plaintiff serves on the department three certified copie…

RCW 19.30.170 contains two different provisions for priority in paying judgments from the contractor's bond or security.(1) If a contractor is secured, the department shall satisfy final judgments against the contractor in the order the department receives the judgments.(2) If a …

(1) In determining the amount of any civil penalty to be imposed under RCW 19.30.160 the department shall consider the following factors:(a) Previous violations by the violator;(b) The history of the violator in taking all necessary measures to prevent or correct violations;(c) T…

(1) Upon receipt of a complaint or on its own motion, the department shall attempt to adjust equitably a controversy between a contractor and its employees.(2) No particular form of proceeding is necessary for resolving disputes. The supervisor of employment standards shall, in e…

All papers required to be filed with the director under this chapter or chapter 19.30 RCW shall be addressed to Director, Department of Labor and Industries, General Administration Building, Olympia, WA 98504.Filing and service may be made as provided in WAC 1-08-090 through 1-08…

(1) A person who knowingly uses the services of an unlicensed contractor is liable for unpaid wages, damages, and civil and criminal penalties to the same extent as the unlicensed contractor.(2) Pursuant to RCW 19.30.200, a person may prove lack of knowledge by proving that she o…

A contractor or any person using a contractor's services shall allow a representative of the department to inspect at any reasonable time the records it is required to keep by chapter 19.30 RCW.[Statutory Authority: RCW 19.30.130. WSR 86-01-027 (Order 85-34), § 296-310-270, filed…

The purpose of this chapter is to ensure the workplace for telecommunications employees is free from recognized safety and health hazards. The rules contained herein require that worker safety receive a higher degree of priority than production, speed and profit. Worker safety is…

(1) This chapter sets forth safety and health standards that apply to the work conditions, practices, means, methods, operations, installations and processes performed at telecommunications facilities and at telecommunications field installations, which are located outdoors or in…

The terms used in these standards will be interpreted in the most commonly accepted sense consistent with the communications industry. The words "shall" and "must," are used to indicate the provisions which are mandatory.Acceptable conditions for access. The conditions that must …

When using standards from national organizations and federal agencies that are referenced in these rules, you must use the edition specified in the rule or any edition published after that specified in the rule in order to be in compliance.[Statutory Authority: RCW 49.17.010, 49.…

(1) No employer shall require any employee to go or be in any employment or place of employment which is not safe.(2) No employer shall fail or neglect:(a) To provide safe access to the worksite.(b) To provide and use safety devices and safeguards.(c) To adopt and use methods and…

(1) Host employer responsibilities. Before work begins, the host employer must inform contract employers of:(a) The characteristics of the host employer's installation that are related to the safety of the work to be performed and are listed in subsection (4)(a) through (e) of th…

(1) Each employer must develop a written formal accident prevention program as outlined in WAC 296-800-140, tailored to the needs of the particular plant or operation and to the type of hazard involved.Note:The department may be contacted for assistance in developing appropriate …

This section is designed to ensure that all employees in this state are afforded quick and effective first-aid attention in the event of an on-the-job injury.(1) For fixed locations, the employer must make sure that first-aid trained personnel are available to provide prompt firs…

(1) During travel and access to remote locations the employer must ensure employees have emergency survival equipment during adverse weather conditions, i.e., winter/extreme winds, which may include, but not be limited to:(a) Potable water and food.(b) Reliable communication plan…

(1) Employers must provide, document, and ensure that employees have received effective training in all of the processes, procedures, precautions, hazards, equipment, personal protective equipment, and safe work practices pertaining to this chapter and job assignments. The employ…

(1) Before work begins in the vicinity of vehicular or pedestrian traffic that may endanger employees: (a) Traffic control signs, devices, and barriers must be positioned and used according to the requirements of chapter 296-155 WAC, Part E.(b) When flaggers are used, employers, …

(1) Buildings containing telecommunications facilities. See Table 1.(a) Illumination. Lighting in telecommunication facilities must be provided in an amount such that continuing work operations, routine observations, and the passage of employees can be carried out in a safe and h…

(1) Personal protective equipment (PPE) – Hazard assessment. The employer must identify hazards or potential hazards in the workplace and determine if PPE is necessary on the job as required by WAC 296-800-16005 and 296-800-16010.(2) PPE, protective devices and special tools need…

This section is to provide the minimum requirements for using a capstan hoist for overhead lifting or horizontal pulling during the construction and/or maintenance of communication equipment.(1) All capstan hoist mechanisms must meet the applicable requirements for design, constr…

(1) Rubber insulating equipment designed for the voltage levels to be encountered must be provided and the employer must ensure that they are used by employees as required by this section. The requirements of WAC 296-24-980 Safeguards for personnel protection, must be followed ex…

(1) The employer must ensure that all surfaces on which employees will be working or walking on are structurally sound and will support them safely prior to allowing employees to work or walk on them.(2) Inspection criteria.(a) All components (including hardware, lanyards, and po…

(1) The employer must ensure that no employee nor any material or equipment must be supported or permitted to be supported on any portion of a ladder unless it is first determined, by inspections and checks conducted by a competent person that such ladder is free of defects, in g…

(1) General. The applicable operator/owner safety manual for vehicle-mounted material handling devices and other mechanical equipment must be followed. The manufacturer's operator's instructional manual must be kept on the vehicle.(a) The operation of all motor vehicles and trail…

For fall protection, guardrails and warning lines follow the requirements in WAC 296-32-22555 of this chapter.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and chapter 49.17 RCW. WSR 17-20-069, § 296-32-22570, filed 10/2/17, effective 1/1/18.]

(1) General. Employers must ensure that employees performing work on communication sites/facilities are not exposed to radio frequency (RFR) electromagnetic fields in excess of the Federal Communications Commission (FCC) maximum permissible exposure (MPE) limits for exposure as p…

Protection from radiation exposure.(1) Employees must not enter areas where radio frequency radiation (RFR) exposure levels are above the general population/uncontrolled MPEs described in 47 C.F.R. 1.1310 unless they understand the potential for exposure and can exercise control …

(1) Laser radiation permissible exposure limits.(2) All lasers and laser systems must be classified in accordance with the Federal Laser Product Performance Standards (21 C.F.R. 1040.10) or, in accordance with ANSI Z136.2-2012 and ANSI Z136.1-2014.(a) Class I laser systems that a…

This section establishes protection for employees who work directly in the hazardous vicinity of telecommunication facilities, sites, or towers having the following energy:(a) Radio frequency radiation (RFR);(b) Laser, see WAC 296-62-09005(4);(c) Microwave;(d) AM or FM;(e) High i…