Definitions and classifications. The rule adopts a detailed definition of the term “site of work” and describes in detail the characteristics of projects classified as agricultural, building, heavy, highway and residential construction. The rule also creates definitions for “minor subcontract” and “subjourneyperson” and specifies when the prevailing wage laws apply to employes who process, manufacture, pick up or deliver materials from a commercial establishment with a fixed place of business.
Trainees. The proposed rule allows for the employment of one or more trainees on a prevailing wage project when certain conditions are met. In addition to on the job training, the employer is required provide 30 hours of safety and necessary job skills training.
Subjourneypersons. This proposed rule contains the same provision on the topic of subjourneypersons as the emergency rule that is currently in effect. Under this provision, the department will determine a separate prevailing wage rate for a subjourneyperson category in a particular trade or occupation within a county when there are at least 500 countable hours reported for the trade or occupation in that county and the reported hours for a subjourneyperson category are greater than or equal to 25% of the reported hours for the journeyperson category, or (if the “25% of reported hours” condition is not met) if there is a subjourneyperson rate in a collective bargaining agreement filed with the department which reflects the prevailing wage rate for that county and trade. The proposed rule also establishes a maximum ratio of one subjourneyperson for each two journeypersons employed in the same trade or occupation by the same employer at each site of work.
The department has already received many comments on this aspect of the rule and expects to receive many more. The department has convened an advisory committee to provide assistance in reviewing this and other prevailing wage issues, and the department intends to review the comments on the subjourneyperson issue carefully, with the assistance of the committee.
Minor subcontractors. A contractor or subcontractor that hires a minor subcontractor (defined as a subcontract of less than $2,000 in cost and less than 3 days of work) must provide, within 7 days of the date that work is first performed by the minor subcontractor, either a copy of the prevailing wage rate determination for the project, or a written notice which states that the work to be performed is subject to a prevailing wage rate determination.
Threshold costs. In accordance with amendments to the statutes, these amounts are amended so that the prevailing wage rate requirements do not apply to a single-trade project with an estimated cost below $30,000 or a multi-trade project with an estimated cost below $150,000.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules
Businesses engaged in public works construction as contractors or subcontractors.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
This rule changes some procedures under the prevailing wage program and implements a wage survey that is provided for by statute. The records involved are wage and hour records for employes, which employers are already required to keep.
3. Types of professional skills necessary for compliance with the rules.
No professional skills are necessary for compliance. Employers are already required to keep records of the wages and hours of their employer.
Fiscal Estimate
The purpose of this rule is to implement the statutory changes made by 1995 Act 215.The rule does not create any new policies which will have a fiscal effect on state or local government.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
SS. ER 18.01, 18.04 and 18.15 - Relating to the creation of a catastrophic leave program that permits classified nonrepresented employes to donate certain types and amounts of leave credits to other classified nonrepresented employes who have been granted an unpaid leave of absence due to a catastrophic need, and removal of the reference to Good Friday as a legal holiday for state employes.
Funeral Directors Examining Board
(CR 96-183):
Ch. FD 6 - Relating to the registration and regulation of agents authorized to represent funeral directors or funeral establishments in the sale or solicitation of burial agreements that are funded with the proceeds of a life insurance policy.
S. NR 19.025 - Relating to the waiver of approvals, fees and other requirements of ch. 29, Stats., for an educational, recreational skills activity.
Ch. NR 25 and s. NR 26.23 - Relating to the Lake Superior fisheries management plan.
S. NR 5.21 (2) - Relating to waiver of the slow-no-wake speed restriction on the Wild Rose Mill Pond, Waushara County.
S. PD 3.02 (1) - Relating to the cost of retained counsel.
Ch. Trans 139 - Relating to motor vehicle trade practices.
Ch. Trans 117 - Relating to occupational driver's license.
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