Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-140 - CLEAN ENERGY LABOR STANDARDS CERTIFICATION › Section 296-140-001 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) The following
			 definitions apply to the entire chapter:
(a)
			 "Community workforce agreement (CWA)" means a prehire collective bargaining
			 agreement with one or more labor organizations that establishes the terms and
			 conditions of employment for a specific construction project and is an
			 agreement described in 29
			 U.S.C. Sec. 158(f). To
			 establish the terms and conditions for employment on a single construction
			 project, the CWA must be a single agreement covering all labor organizations
			 representing the building and construction employees involved in the project
			 and covers all contractors and subcontractors working on the project.
(b) "Department" means the department of
			 labor and industries.
(c) "Good
			 faith efforts" means the efforts by the project developer or its designated
			 principle contractor that maximize the likelihood that the project will be
			 built in compliance with the standards for certification, but are unable to
			 meet these standards based on availability of qualified businesses or workers.
			 The totality of the circumstances and factors will be reviewed to determine
			 good faith. Good faith efforts are not necessary when the standard requirements
			 have been met.
(d) "Labor hours"
			 means the total hours of laborers, workers, or mechanics receiving an hourly
			 wage who are directly employed by the contractor and all subcontractors working
			 upon the project. Labor hours does not include hours worked by foremen,
			 superintendents, or owners except where the hours worked are counted in
			 satisfying the required apprentice to journey supervision ratio as required by
			 apprenticeship standards.
(e)
			 "Local resident" means Washington laborers, workers, or mechanics receiving an
			 hourly wage who live within 50 miles of the project being constructed unless
			 the project is being constructed in a rural county, then it is defined as
			 Washington workers who live within 200 miles of the project.
(f) "Minority-owned business" means a
			 business certified with the office of minority and women's business enterprises
			 (OMWBE) as a minority business enterprise (MBE) or a minority women business
			 enterprise (MWBE) under chapter 326-20 WAC.
(g) "Person" has the same meaning as in
			 RCW
			 82.04.030.
(h) "Project labor agreement (PLA)" means a
			 prehire collective bargaining agreement with one or more labor organizations
			 that establishes the terms and conditions of employment for a specific
			 construction project and is an agreement described in
			 29 U.S.C. Sec.
			 158(f). To establish the
			 terms and conditions for employment on a single construction project, the PLA
			 must be a single agreement covering all labor organizations representing the
			 building and construction employees involved in the project and covers all
			 contractors and subcontractors working on the project.
(i) "Registered apprentice" means an
			 apprentice registered in an apprenticeship program approved by the Washington
			 state apprenticeship and training council according to chapters 49.04 RCW and
			 296-05 WAC.
(j) "Rural county" has
			 the same definition as
			 RCW
			 82.14.370(5).
(k) "Women-owned business" means a business
			 certified with the office of minority and women's business enterprises (OMWBE)
			 as a women business enterprise (WBE) or a minority women business enterprise
			 (MWBE) under chapter 326-20 WAC.
(l) "Veteran-owned business" means a business
			 certified by the Washington state department of veteran affairs under
			 RCW
			 43.60A.190.