Bill H.B. 1701
This bill would provide that the present seven-part test for worker classification is and should continue to be applied in the construction industry.
However, the legislature intends to define the prohibited contracting narrowly to assure no legitimate contracting is prohibited. As such, the bill would provide that it is a violation and an infraction for any contractor to engage more than two independent contractors to work on or in a single building who:
(a) Are working on the same task involving a similar material;
(b) Bring no workers to work on or in the building subject to the mandatory coverage under the Washington Industrial Insurance Act; and
(c) Are not being treated by the contractor as covered workers under the Washington Industrial Insurance Act.
Penalties for violations would include fines ranging from $500 to $5,000, increasing for subsequent offenses. The penalty for a first violation may be avoided if the contractor registers for a Department-approved training class within ten days of receiving a notice of infraction, completes the class within a specified time period, and pays the class fees upon class registration. Upon third or subsequent offenses, the contractor’s certificate of registration may be suspended for one year.
