(1) The materials covered under this section
include but are not limited to: Sand, gravel, crushed rock, concrete, asphalt,
or other similar materials.
workers, regardless of by whom employed, are subject to the provisions of
RCW when they
perform any or all of the following functions:
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;
(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
(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 the project.
(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
Workers are not subject
to the provisions of
RCW when they
deliver materials to a stockpile.
"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
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.