LRB-3748/3
RNK:nwn:jf
2009 - 2010 LEGISLATURE
January 20, 2010 - Introduced by Representatives Jorgensen, Mason, Sinicki, Van
Akkeren, Parisi, Zepnick, Berceau, Fields, Milroy, Hintz, Hixson, Dexter,
Pasch, Turner, Pope-Roberts, Schneider, Smith, Soletski, Young
and
Vruwink, cosponsored by Senators Coggs, Erpenbach, Taylor and Hansen.
Referred to Committee on Labor.
AB660,1,5 1An Act to amend 101.02 (20) (a) and 101.02 (21) (a); and to create 101.19 (1)
2(n), 101.25 and 101.255 of the statutes; relating to: certification of
3ironworkers, maximum and minimum numbers of certain individuals
4performing ironwork at construction sites, granting rule-making authority,
5and providing penalties.
Analysis by the Legislative Reference Bureau
With certain exceptions, under current law, the Department of Commerce
(department) establishes and enforces occupational safety standards that apply to
places of public employment in this state and the federal occupational safety and
health administration (OSHA) establishes and enforces occupational safety
standards that apply to places of nonpublic employment in this state. Currently,
certain standards promulgated by the department and by OSHA apply to
construction sites and other locations where ironwork is performed but the
standards do not specifically require ironworkers to be certified or licensed.
This bill establishes programs, administered by the department, for the
regulation and certification of ironworkers. These programs are subject to the
department receiving all necessary approvals from the federal secretary of labor.
With certain exceptions, the bill requires any individual who performs work in
this state as an ironworker to hold a master ironworker or journeyman ironworker
certificate obtained from the department. Under the bill, an ironworker generally
means any individual who positions and secures reinforcing rods or cables during

on-site construction of buildings or bridges; raises, places, or unites girders,
columns, and other structural steel members; installs prefabricated, ornamental
metalwork; erects precast girders during on-site construction of bridges; or rigs or
raises wind turbines. The bill requires a master ironworker or journeyman
ironworker to perform work consistent with department rules. In addition, the bill
prohibits an employer, contractor, or subcontractor from allowing certain individuals
to perform ironwork without a required ironworker certificate or in violation of
department rules.
Under the bill, the department must administer a program for certification of
master ironworkers and journeyman ironworkers. The bill establishes minimum
criteria that an individual must satisfy in order to be certified as a master ironworker
or journeyman ironworker. The bill also includes a grandfather provision that
establishes separate criteria for an individual who applies for certification within
one year after the bill takes effect.
Unless the grandfather provision applies, in order to be certified as a master
ironworker, an individual must: 1) satisfactorily complete a written examination,
unless the individual applies for recertification and satisfies specific work experience
and training requirements; and 2) hold a valid journeyman ironworker certificate for
at least one year before the date of application, unless the individual has successfully
completed an approved ironworker apprenticeship program.
Similar requirements apply to an individual who applies for a journeyman
ironworker certificate, except that the individual is not required to hold a valid
journeyman ironworker certificate before the date of application. Rather, the
individual must successfully complete an approved ironworker apprenticeship
program or safely complete 8,000 hours of work in the ironworking trade. In
addition, upon applying for recertification as a journeyman ironworker, the
individual need only have completed one-half as many hours of training as a master
ironworker in order to be exempt from the written examination requirement.
The bill requires the department to promulgate rules relating to ironwork.
These rules must specify, among other things, the tasks that master ironworkers and
journeyman ironworkers are permitted to perform. In addition, these rules must
establish ironworker ratios, specifying a minimum number of master ironworkers
that are required to provide work at a construction site and a maximum number of
apprentice ironworkers and individuals training as ironworkers that are permitted
to provide work at a construction site.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB660, s. 1 1Section 1. 101.02 (20) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
2is amended to read:
AB660,3,7
1101.02 (20) (a) For purposes of this subsection, "license" means a license,
2permit, or certificate of certification or registration issued by the department under
3ss. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e),
4101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.25 (3), 101.63 (2) or (2m),
5101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951,
6101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165,
7145.17, 145.175, 145.18, or 167.10 (6m).
AB660, s. 2 8Section 2. 101.02 (21) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
9is amended to read:
AB660,3,1610 101.02 (21) (a) In this subsection, "license" means a license, permit, or
11certificate of certification or registration issued by the department under s. 101.09
12(3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g),
13101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.25 (3), 101.63 (2), 101.653, 101.73
14(5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1)
15to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18,
16or 167.10 (6m).
AB660, s. 3 17Section 3. 101.19 (1) (n) of the statutes is created to read:
AB660,3,1918 101.19 (1) (n) Certifying master ironworkers and journeymen ironworkers
19under s. 101.25 (3).
AB660, s. 4 20Section 4. 101.25 of the statutes is created to read:
AB660,3,22 21101.25 Master and journeyman ironworkers. (1) Definition. In this
22section, "ironworker" means an individual who does any of the following:
AB660,3,2423 (a) Raises, places, or unites girders, columns, and other structural steel
24members.
AB660,4,2
1(b) Positions and secures reinforcing rods or post tensioning cables during
2on-site construction of buildings or bridges.
AB660,4,33 (c) Installs prefabricated, ornamental metalwork.
AB660,4,44 (d) Erects precast girders during on-site construction of bridges.
AB660,4,65 (e) Rigs or raises a turbine for a wind energy system as defined in s. 66.0403
6(1) (m).
AB660,4,12 7(2) Certification. (a) Certificate required. Except as provided in sub. (5), no
8individual may perform work as an ironworker in this state without a master
9ironworker or journeyman ironworker certificate obtained from the department.
10Except as provided in sub. (5), an individual with a master ironworker or journeyman
11ironworker certificate shall perform work as an ironworker consistent with the rules
12promulgated under sub. (3) (d).
AB660,4,1413 (b) Employer liability. No employer may permit an employee to perform work
14in violation of par. (a).
AB660,4,1815 (c) Contractor and subcontractor liability. No person who is under a contract
16to construct an improvement to land may permit an agent of the person, or an
17independent contractor under contract with the person, to perform work on the
18improvement in violation of par. (a).
AB660,4,22 19(3) Administration. (a) Master ironworkers. Except as provided in sub. (4),
20the department shall administer a program for the certification of master
21ironworkers. The department may certify an individual as a master ironworker only
22if all of the following apply:
AB660,5,423 1. The individual satisfactorily completes a written examination regarding
24ironworking, unless the individual applies for recertification and provides sufficient
25evidence that the individual has safely completed at least 5,000 hours of work as a

1master ironworker or journeyman ironworker during the 5-year period before the
2date of the application for recertification and has successfully completed at least 30
3hours of training approved by the department during the 5-year period before the
4date of the application for recertification.
AB660,5,95 2. The individual holds a valid journeyman ironworker certificate for at least
6one year before the date of the individual's application for certification as a master
7ironworker, unless the individual has successfully completed an ironworker
8apprenticeship program that is approved by the department of commerce and the
9department of workforce development.
AB660,5,1310 (b) Journeyman ironworkers. Except as provided in sub. (4), the department
11shall administer a program for the certification of journeyman ironworkers. The
12department may certify an individual as a journeyman ironworker only if all of the
13following apply:
AB660,5,2014 1. The individual satisfactorily completes a written examination regarding
15ironworking, unless the individual applies for recertification and provides sufficient
16evidence that the individual has safely completed at least 5,000 hours of work as a
17journeyman ironworker during the 5-year period before the date of the application
18for recertification and has successfully completed at least 15 hours of training
19approved by the department during the 5-year period before the date of the
20application for recertification.
AB660,5,2521 2. The individual successfully completes an ironworker apprenticeship
22program that is approved by the department of commerce and the department of
23workforce development, or safely completes at least 8,000 hours of work in the
24ironworking trade, before the date of the individual's application for certification as
25a journeyman ironworker.
AB660,6,2
1(c) Term. A master ironworker certificate or journeyman ironworker certificate
2issued by the department shall be valid for a term of 5 years.
AB660,6,103 (d) Rules. The department shall promulgate rules to administer the program
4established under this subsection. The rules shall specify the tasks related to
5ironworking that an individual certified as a master ironworker may perform and
6that an individual certified as a journeyman ironworker may perform. To the extent
7feasible, the rules shall be consistent with national standards applicable to
8ironworkers. The department of commerce shall promulgate any rules with regard
9to approved ironworker apprenticeship programs in consultation with the
10department of workforce development.
AB660,6,19 11(4) Federal approval. The department shall submit to the federal secretary
12of labor a plan for the certification of ironworkers under this section, if required to
13do so under 29 USC 667 (b), and shall request the federal secretary of labor to approve
14the plan. The plan submitted by the department shall be consistent with all of the
15provisions of this section. If no approval is required under 29 USC 667 (b) or if an
16approval is granted and in effect, the department shall implement the program
17under this section. If approval is required under 29 USC 667 (b), the department may
18not implement the program under this section unless an approval is granted and in
19effect.
AB660,6,22 20(5) Exceptions. (a) Lack of federal approval. Subsection (2) (a) does not apply
21if approval of the department's plan for the certification of ironworkers is required
22under 29 USC 667 (b) but is not granted and in effect.
AB660,6,2323 (b) Other exceptions. Subsection (2) (a) does not apply to any of the following:
AB660,7,3
11. An individual who is receiving training as an ironworker, if the individual
2is under the direct supervision of an ironworker who holds a valid master ironworker
3certificate received from the department.
AB660,7,64 2. An individual who is enrolled in and performing tasks that are within the
5scope of an ironworker apprenticeship program that is approved by the department
6of commerce and by the department of workforce development.
AB660,7,107 3. An individual who is a member of a uniformed service, as defined in s. 6.22
8(1) (c), or who is a member of the U.S. merchant marine, if the individual is
9performing work for the uniformed service of which the individual is a member or for
10the U.S. merchant marine, respectively.
AB660,7,1211 4. An individual who is performing ironwork on premises that are owned or
12leased by the individual.
AB660,7,1413 5. An individual who is performing ironwork in an attempt to remedy an
14emergency.
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