Coverage and exemptions of workers
involved in the production and delivery of gravel, concrete,
asphalt, or similar materials. (1) The materials covered
under this section include but are not limited to: Sand,
gravel, crushed rock, concrete, asphalt, or other similar
(2) All workers, regardless of by whom employed, are
subject to the provisions of chapter 39.12 RCW when they
perform any or all of the following functions:
(a) They deliver or discharge any of the above-listed
materials to a public works project site:
(i) At one or more point(s) directly upon the location
where the material will be incorporated into the project; or
(ii) At multiple points at the project; or
(iii) Adjacent to the location and coordinated with the
incorporation of those materials.
(b) They wait at or near a public works project site to
perform any tasks subject to this section of the rule.
(c) They remove any materials from a public works
construction site pursuant to contract requirements or
specifications (e.g., excavated materials, materials from
demolished structures, clean-up materials, etc.).
(d) They work in a materials production facility (e.g.,
batch plant, borrow pit, rock quarry, etc.,) which is
established for a public works project for the specific, but
not necessarily exclusive, purpose of supplying materials for
(e) They deliver concrete to a public works site
regardless of the method of incorporation.
(f) They assist or participate in the incorporation of
any materials into the public works project.
(3) All travel time that relates to the work covered
under subsection (2) of this section requires the payment of
prevailing wages. Travel time includes time spent waiting to
load, loading, transporting, waiting to unload, and delivering
materials. Travel time would include all time spent in travel
in support of a public works project whether the vehicle is
empty or full. For example, travel time spent returning to a
supply source to obtain another load of material for use on a
public works site or returning to the public works site to
obtain another load of excavated material is time spent in
travel that is subject to prevailing wage. Travel to a supply
source, including travel from a public works site, to obtain
materials for use on a private project would not be travel
subject to the prevailing wage.
(4) Workers are not subject to the provisions of chapter 39.12 RCW when they deliver materials to a stockpile.
(a) A "stockpile" is defined as materials delivered to a
pile located away from the site of incorporation such that the
stockpiled materials must be physically moved from the
stockpile and transported to another location on the project
site in order to be incorporated into the project.
(b) A stockpile does not include any of the functions
described in subsection (2)(a) through (f) of this section;
nor does a stockpile include materials delivered or
distributed to multiple locations upon the project site; nor
does a stockpile include materials dumped at the place of
incorporation, or adjacent to the location and coordinated
with the incorporation.
(5) The applicable prevailing wage rate shall be
determined by the locality in which the work is performed. Workers subject to subsection (2)(d) of this section, who
produce such materials at an offsite facility shall be paid
the applicable prevailing wage rates for the county in which
the offsite facility is located. Workers subject to
subsection (2) of this section, who deliver such materials to
a public works project site shall be paid the applicable
prevailing wage rates for the county in which the public works
project is located.
[Statutory Authority: Chapter 39.12 RCW, RCW 43.22.051 and 43.22.270. 08-24-101, § 296-127-018, filed 12/2/08, effective
1/2/09. Statutory Authority: Chapters 39.04 and 39.12 RCW
and RCW 43.22.270. 92-01-104 and 92-08-101, § 296-127-018,
filed 12/18/91 and 4/1/92, effective 8/31/92.]