Amendment ASA1-AB660

LRBs0389/2

RNK&MGG:nwn:md

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 660

April 12, 2010 - Offered by Representatives Jorgensen and Sinicki.

AB660-ASA1,1,5 An Act to amend 101.02 (20) (a) and 101.02 (21) (a); and to create 101.19 (1) (n), 101.25 and 101.255 of the statutes; relating to: certification of ironworkers, maximum and minimum numbers of certain individuals performing ironwork at construction sites, granting rule-making authority, and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB660-ASA1, s. 1 Section 1. 101.02 (20) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB660-ASA1,2,2 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.25 (3), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB660-ASA1, s. 2 Section 2. 101.02 (21) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB660-ASA1,2,11 101.02 (21) (a) In this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department under s. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.25 (3), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB660-ASA1, s. 3 Section 3. 101.19 (1) (n) of the statutes is created to read:

AB660-ASA1,2,14 101.19 (1) (n) Certifying master ironworkers and journeymen ironworkers under s. 101.25 (3).

AB660-ASA1, s. 4 Section 4. 101.25 of the statutes is created to read:

AB660-ASA1,2,17 101.25 Master and journeyman ironworkers. (1) Definition. In this section, "ironworker" means an individual who does any of the following:

AB660-ASA1,2,18 (a) Places, or unites girders, columns, and other structural steel members.

AB660-ASA1,2,20 (b) Positions and secures post tensioning cables during on-site construction of buildings or bridges.

AB660-ASA1,2,21 (c) Installs prefabricated, ornamental metalwork.

AB660-ASA1,2,23 (e) Rigs or places a turbine for a wind energy system as defined in s. 66.0403 (1) (m).

AB660-ASA1,3,4 (2) Certification. (a) Certificate required. Except as provided in sub. (5), no individual may perform work as an ironworker in this state without a master ironworker or journeyman ironworker certificate obtained from the department. Except as provided in sub. (5), an individual with a master ironworker or journeyman ironworker certificate shall perform work as an ironworker consistent with the rules promulgated under sub. (3) (d).

AB660-ASA1,3,6 (b) Employer liability. No employer may permit an employee to perform work in violation of par. (a).

AB660-ASA1,3,10 (c) Contractor and subcontractor liability. No person who is under a contract to construct an improvement to land may permit an agent of the person, or an independent contractor under contract with the person, to perform work on the improvement in violation of par. (a).

AB660-ASA1,3,14 (3) Administration. (a) Master ironworkers. Except as provided in sub. (4), the department shall administer a program for the certification of master ironworkers. The department may certify an individual as a master ironworker only if all of the following apply:

AB660-ASA1,3,21 1. The individual satisfactorily completes a written examination regarding ironworking, unless the individual applies for recertification and provides sufficient evidence that the individual has safely completed at least 5,000 hours of work as a master ironworker or journeyman ironworker during the 5-year period before the date of the application for recertification and has successfully completed at least 30 hours of training approved by the department during the 5-year period before the date of the application for recertification.

AB660-ASA1,4,2 2. The individual holds a valid journeyman ironworker certificate for at least one year before the date of the individual's application for certification as a master ironworker, unless the individual has successfully completed an ironworker apprenticeship program that is approved by the department of commerce and the department of workforce development.

AB660-ASA1,4,6 (b) Journeyman ironworkers. Except as provided in sub. (4), the department shall administer a program for the certification of journeyman ironworkers. The department may certify an individual as a journeyman ironworker only if all of the following apply:

AB660-ASA1,4,13 1. The individual satisfactorily completes a written examination regarding ironworking, unless the individual applies for recertification and provides sufficient evidence that the individual has safely completed at least 5,000 hours of work as a journeyman ironworker during the 5-year period before the date of the application for recertification and has successfully completed at least 15 hours of training approved by the department during the 5-year period before the date of the application for recertification.

AB660-ASA1,4,18 2. The individual successfully completes an ironworker apprenticeship program that is approved by the department of commerce and the department of workforce development, or safely completes at least 8,000 hours of work in the ironworking trade, before the date of the individual's application for certification as a journeyman ironworker.

AB660-ASA1,4,20 (c) Term. A master ironworker certificate or journeyman ironworker certificate issued by the department shall be valid for a term of 5 years.

AB660-ASA1,5,3 (d) Rules. The department shall promulgate rules to administer the program established under this subsection. The rules shall specify the tasks related to ironworking that an individual certified as a master ironworker may perform and that an individual certified as a journeyman ironworker may perform. To the extent feasible, the rules shall be consistent with national standards applicable to ironworkers. The department of commerce shall promulgate any rules with regard to approved ironworker apprenticeship programs in consultation with the department of workforce development.

AB660-ASA1,5,12 (4) Federal approval. The department shall submit to the federal secretary of labor a plan for the certification of ironworkers under this section, if required to do so under 29 USC 667 (b), and shall request the federal secretary of labor to approve the plan. The plan submitted by the department shall be consistent with all of the provisions of this section. If no approval is required under 29 USC 667 (b) or if an approval is granted and in effect, the department shall implement the program under this section. If approval is required under 29 USC 667 (b), the department may not implement the program under this section unless an approval is granted and in effect.

AB660-ASA1,5,15 (5) Exceptions. (a) Lack of federal approval. Subsection (2) (a) does not apply if approval of the department's plan for the certification of ironworkers is required under 29 USC 667 (b) but is not granted and in effect.

AB660-ASA1,5,16 (b) Other exceptions. Subsection (2) (a) does not apply to any of the following:

AB660-ASA1,5,19 1. An individual who is receiving training as an ironworker, if the individual is under the direct supervision of an ironworker who holds a valid master ironworker certificate received from the department.

AB660-ASA1,5,22 2. An individual who is enrolled in and performing tasks that are within the scope of an ironworker apprenticeship program that is approved by the department of commerce and by the department of workforce development.

AB660-ASA1,6,2 3. An individual who is a member of a uniformed service, as defined in s. 6.22 (1) (c), or who is a member of the U.S. merchant marine, if the individual is performing work for the uniformed service of which the individual is a member or for the U.S. merchant marine, respectively.

AB660-ASA1,6,4 3m. An individual who is performing ironwork on the premises of, or land surrounding, a single-family or duplex residence.

AB660-ASA1,6,6 4. An individual who is performing ironwork on premises that are owned or leased by the individual.

AB660-ASA1,6,8 5. An individual who is performing ironwork in an attempt to remedy an emergency.

AB660-ASA1,6,11 6. An individual who is positioning and securing reinforcing rods during the construction of a road, sidewalk, or parking lot. Under this subdivision, the construction of a bridge is not the construction of a road.

AB660-ASA1,6,13 7. An individual who is performing ironwork within the scope of his or her employment, if the individual is employed to do primarily any of the following:

AB660-ASA1,6,14 a. Install, assemble, construct, or repair electrical work.

AB660-ASA1,6,16 am. Install, assemble, construct, or repair the facilities of a public utility, as defined in s. 196.01 (5).

AB660-ASA1,6,17 b. Install, adjust, repair, or dismantle fire protection and fire control systems.

AB660-ASA1,6,22 c. Install, repair, construct, or maintain transmission poles, transmission towers, substations, switch racks, or similar electrical structures, electric cables, and related auxiliary equipment for high-voltage transmission and distribution power lines that are used to conduct energy between generating stations, substations, and consumers.

AB660-ASA1,6,23 d. Install, repair, alter, or recondition gas distribution pipeline.

AB660-ASA1,6,25 e. Perform ironwork in connection with the installation, repair, or maintenance of traffic control signals or traffic lights.

AB660-ASA1,7,3 8. An individual employed exclusively to operate a crane, forklift, or hoist other than an aerial platform lift used only for the purpose of elevating a person, if the crane, forklift, or hoist is not manually operated.

AB660-ASA1,7,4 9. An individual who fabricates and erects machine bases.

AB660-ASA1,7,6 (6) Penalties. Any person who violates sub. (2) may be fined not more than $500. Each act in violation of sub. (2) constitutes a separate offense.

AB660-ASA1, s. 5 Section 5. 101.255 of the statutes is created to read:

AB660-ASA1,7,8 101.255 Ironworker ratios. (1) Definitions. In this section:

AB660-ASA1,7,11 (a) "Apprentice ironworker" means an individual who is enrolled in an ironworker apprenticeship program that is approved by the department of commerce and by the department of workforce development.

AB660-ASA1,7,13 (b) "Master ironworker" means an individual who is certified as a master ironworker by the department of commerce under s. 101.25.

AB660-ASA1,7,21 (2) Rules. Except as provided in sub. (3), the department shall promulgate rules 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, in order to provide for the safety of individuals at the construction site. The department may vary the minimum and maximum numbers established under the rules based upon the type of work being performed at the construction site.

AB660-ASA1,8,5 (3) Federal approval. The department shall submit to the federal secretary of labor a plan for enforcing the minimum and maximum numbers established under sub. (2), if required to do so under 29 USC 667 (b), and shall request the federal secretary of labor to approve the plan. The plan submitted by the department shall be consistent with all of the provisions of sub. (2). If no approval is required under 29 USC 667 (b) or if an approval is granted and in effect, the department shall promulgate and enforce the rules required under sub. (2). If approval is required under 29 USC 667 (b), the department may not promulgate or enforce the rules required under sub. (2) unless an approval is granted and in effect.

AB660-ASA1, s. 6 Section 6 . Nonstatutory provisions.