AB660: Bill Text

AB660,4,3 (c) Installs prefabricated, ornamental metalwork.

AB660,4,4 (d) Erects precast girders during on-site construction of bridges.

AB660,4,6 (e) Rigs or raises a turbine for a wind energy system as defined in s. 66.0403 (1) (m).

AB660,4,12 (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).

AB660,4,14 (b) Employer liability. No employer may permit an employee to perform work in violation of par. (a).

AB660,4,18 (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).

AB660,4,22 (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:

AB660,5,4 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.

AB660,5,9 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.

AB660,5,13 (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:

AB660,5,20 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.

AB660,5,25 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.

AB660,6,2 (c) Term. A master ironworker certificate or journeyman ironworker certificate issued by the department shall be valid for a term of 5 years.

AB660,6,10 (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.

AB660,6,19 (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.

AB660,6,22 (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.

AB660,6,23 (b) Other exceptions. Subsection (2) (a) does not apply to any of the following:

AB660,7,3 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.

AB660,7,6 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.

AB660,7,10 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.

AB660,7,12 4. An individual who is performing ironwork on premises that are owned or leased by the individual.

AB660,7,14 5. An individual who is performing ironwork in an attempt to remedy an emergency.

AB660,7,17 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.

AB660,7,19 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:

AB660,7,20 a. Install, assemble, construct, or repair electrical work.

AB660,7,21 b. Install, adjust, repair, or dismantle fire protection and fire control systems.

AB660,8,2 c. Erect, install, or repair transmission poles, fabricated metal transmission towers, outdoor 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.

AB660,8,3 d. Install, repair, alter, or recondition gas distribution pipeline.

AB660,8,6 e. Install or repair residential potable water lines, gravity waste disposal systems inside curb or fence lines, plumbing fixtures, and plumbing appliances such as dishwashers and water heaters.

AB660,8,9 f. Lay out, assemble, install, or maintain pipe systems, pipe supports, and related hydraulic and pneumatic equipment for steam, hot water, heating, cooling, lubricating, or industrial production and processing systems.

AB660,8,11 (6) Penalties. Any person who violates sub. (2) may be fined not more than $500 or imprisoned for not more than 3 months or both.

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

AB660,8,13 101.255 Ironworker ratios. (1) Definitions. In this section:

AB660,8,16 (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.

AB660,8,18 (b) "Master ironworker" means an individual who is certified as a master ironworker by the department of commerce under s. 101.25.

AB660,9,2 (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.

AB660,9,11 (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, s. 6 Section 6 . Nonstatutory provisions.

AB660,9,17 (1) Federal approval of ironworker program. No later than the first day of the 3rd month beginning after the effective date of this subsection, the department of commerce shall submit to the federal secretary of labor the plans required under sections 101.25 (4) and 101.255 (3) of the statutes, as created by this act, if required to do so under 29 USC 667 (b).

AB660,9,23 (2) Submission of proposed rules. No later than the first day of the 9th month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules required under sections 101.25 (3) and 101.255 (2) of the statutes, as created by this act; and the fees permitted under section 101.19 (1) (n) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes.

AB660,9,25 (3) Grandfather provision; certification of certain master ironworkers. Except as provided in section 101.02 (20) (b) and (21) (b) of the statutes and notwithstanding section 101.25 (3) (a) of the statutes, as created by this act, if approval of the department of commerce's plan to certify ironworkers under section 101.25 (4) of the statutes, as created by this act, is not required under 29 USC 667 (b) or if such an approval is granted and in effect, the department shall certify as a master ironworker any individual who applies for a master ironworker certification within one year after the effective date of this subsection and who provides the department with sufficient evidence that the individual safely completed at least 15,000 hours of work in the ironworking trade during the 15-year period before the date of the application for certification.

AB660,10,18 (4) Grandfather provision; certification of certain journeyman ironworkers. Except as provided in section 101.02 (20) (b) and (21) (b) of the statutes and notwithstanding section 101.25 (3) (b) of the statutes, as created by this act, if approval of the department of commerce's plan to certify ironworkers under section 101.25 (4) of the statutes, as created by this act, is not required under 29 USC 667 (b) or if such an approval is granted and in effect, the department shall certify as a journeyman ironworker any individual who applies for a journeyman ironworker certification within one year after the effective date of this subsection and who provides the department with sufficient evidence of any of the following:

AB660,10,21 (a) That the individual, before the date of the application for certification, successfully completed an apprenticeship program for ironworking that is approved by the department of workforce development.

AB660,10,24 (b) That the individual safely completed at least 8,000 hours of work in the ironworking trade during the 8-year period before the date of the application for certification.

AB660, s. 7 Section 7. Effective dates. This act takes effect on the first day of the 12th month beginning after publication, except as follows:

AB660,11,4 (1) Federal approval and proposed rules. Section 6 (1) and (2 ) of this act takes effect on the day after publication.

AB660,11,5 (End)