WAC 296-127-018   Coverage and exemptions of workers involved in the production and delivery of gravel, concrete, asphalt, or similar materials.  The materials covered under this section are sand, gravel, crushed rock, concrete mix, asphalt, or other similar materials.

     (1) Workers are subject to the provisions of chapter 39.12 RCW when they are employed by a contractor as defined by WAC 296-127-010 (5)(c) and:

     (a) They are engaged for a public works project in the production of the above-listed materials in a sand or gravel pit, rock quarry, concrete mixing plant, or other similar facility; or

     (b) They are engaged in the transportation of the above-listed materials for use on a public works project, whether or not they perform any work on the project site.

     (2) All workers, regardless of by whom employed, are subject to the provisions of chapter 39.12 RCW when:

     (a) They deliver any of the above-listed materials to a public works project site and perform any spreading, leveling, rolling, or otherwise participate in any incorporation of the materials into the project; or

     (b) They wait at or near a public works project site to participate in the incorporation of any of the above-listed materials into the project; or

     (c) They remove any materials from a public works construction site pursuant to contract requirements or specifications (e.g., excavated materials, materials from demolished structures, clean-up materials, etc.); or

     (d) They work in a materials production facility (e.g., batch plant, borrow pit, rock quarry, etc.,) which is established for a public works project for the specific, but not necessarily exclusive, purpose of supplying materials for the project.

     (3) Workers are not subject to the provisions of chapter 39.12 RCW when:

     (a) The employees' duties do not include spreading, leveling, rolling, or otherwise participating in the incorporation of the delivered materials into a public works project, and they are employed by an established materials supplier either in the production or delivery of sand, gravel, crushed rock, concrete mix, asphalt or other similar materials;

     (b) They are employed by a common or contract carrier trucking company principally or exclusively engaged in the hauling or delivery of such products, and the employees' duties do not include spreading, leveling, rolling, or otherwise participating in the incorporation of the delivered materials into a public works project; or

     (c) Their employer is engaged in the production and stockpiling of such materials for unspecified future use by the state of Washington or by municipalities as defined by RCW 39.04.010.

     (4) The applicable prevailing wage rate shall be determined by the locality in which the work is performed. Workers subject to the provisions of chapter 39.12 RCW, as outlined in subsection (1) of this section, who produce such materials at an off-site facility shall be paid the applicable prevailing wage rates for the county in which the off-site facility is located. Workers subject to the provisions of chapter 39.12 RCW, as outlined in subsection (1) of this section, who deliver such materials to a public works project site shall be paid the applicable prevailing wage rates for the county in which the public works project is located.



[Statutory Authority: Chapters 39.04 and 39.12 RCW and RCW 43.22.270. 92-01-104 and 92-08-101, § 296-127-018, filed 12/18/91 and 4/1/92, effective 8/31/92.]