Ensuring a Skilled and Trained Workforce in High Hazard Facilities 

Engrossed Substitute House Bill 1817 (ESHB1817) and RCW 49.80

2019’s ESHB 1817 requires owners of petroleum refining or petrochemical manufacturing facilities use a skilled and trained workforce when contracting for construction, alteration, demolition, installation, repair, or maintenance work. The new law is under Chapter 49.80, RCW.

L&I is working to implement RCW 49.80 to make refinery work safer. L&I will have rulemaking to implement HB1817/RCW 49.80. 

HHF Curriculum Elements for Refinery Safety Training - Minimal Required Elements Chart

Overview & Implementation

ESHB 1817/RCW 49.860 requires:

  • Owners and operators of facilities engaged in petroleum refining or petrochemical manufacturing to ensure their contractors and subcontractors use a skilled and trained workforce to perform onsite work within an apprenticeable occupation in the building and construction trade.
  • A skilled and trained workforce means a workforce where all the workers are either registered apprentices or skilled journeypersons.
    • A registered apprentice is:
      • An active apprentice in a Washington State Apprenticeship and Training Council (WSATC)-approved apprenticeship program.
    • A skilled journeyperson is someone who:
      • Has either graduated from a WSATC-approved apprenticeship program for the applicable occupation or has at least as many hours of on-the-job experience as would be required to graduate; and
      • Is paid a rate commensurate with a rate typically paid for the occupation, and no less than the 75th percentile in the applicable occupation and geographic area in the most recent occupational employment statistics published by the Employment Security Department.
  • A phased-in schedule for percentages of skilled journeyperson who must be graduates from a WSATC-approved apprenticeship program.
  • Skilled and trained workers to complete 20 hours of advanced safety training every three years. L&I is compiling that curriculum and intends to have it complete by summer of 2021.

ESHB 1817/RCW 49.80 Implementation Schedule

Implementation Date Requirement
January 1, 2020 The skilled and trained worker requirements apply to work performed under contracts awarded, extended, or renewed on or after January 1, 2020. 

The applicable requirements in place are:
  • Workers covered by the bill are either registered apprentices or skilled journey persons. 
January 1, 2021 The skilled and trained worker requirements apply to work performed under contracts awarded before January 1, 2020. 

The applicable requirements in place are:
  •  Workers covered by the bill are either registered apprentices or skilled journey persons. 
  • 20% of skilled journeypersons must be graduates of a WSATC-approved apprenticeship program.
January 1, 2022 New requirements in place:
  • 35% of skilled journeypersons must be graduates of a WSATC-approved apprenticeship program.
  • All covered workers must have completed the 20 hour safety training.
January 1, 2023 New requirement in place:
  • 45% of skilled journeypersons must be graduates of a WSATC-approved apprenticeship program.
January 1, 2024 New requirement in place:
  • 60% of skilled journeypersons must be graduates of a WSATC-approved apprenticeship program.
Meetings

Stakeholder meetings

Thursday, August 13, 2020, 2:30 p.m. via zoom
Focused only on the 20 hour training requirement
Stakeholder Presentation August 13, 2020

Thursday, January 9, 2020 from 1:00 to 3:00 p.m.
L&I Tukwila Office
12806 Gateway Dr S, Room C20
Tukwila, WA 98802
Stakeholder Presentation January 9, 2020

Rulemaking

All rulemaking for PSM and refinery safety & health

Questions & Answers (Q&A)