AB660: Bill Text

LRB-3748/3

RNK:nwn:jf

2009 - 2010 LEGISLATURE

2009 Assembly BILL 660

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 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.

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

AB660,3,7 101.02 (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, s. 2 Section 2. 101.02 (21) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB660,3,16 101.02 (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, s. 3 Section 3. 101.19 (1) (n) of the statutes is created to read:

AB660,3,19 101.19 (1) (n) Certifying master ironworkers and journeymen ironworkers under s. 101.25 (3).

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

AB660,3,22 101.25 Master and journeyman ironworkers. (1) Definition. In this section, "ironworker" means an individual who does any of the following:

AB660,3,24 (a) Raises, places, or unites girders, columns, and other structural steel members.

AB660,4,2 (b) Positions and secures reinforcing rods or post tensioning cables during on-site construction of buildings or bridges.

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.