Local agencies may transfer materials inventory from one contract to another, within the same program, and between different programs.
Transfers within the Same Program At the close of a program contract period, unused materials may be purchased by the same program in the next contract period.
Local agencies must report the value of materials as a receipt and expenditure to the new contract for the program purchasing them, and as a credit to the program which is selling them. The credit is shown on the Final Contract Closeout Report as a reduction in expenditures to date for materials. See Section 8.8, Final Contract Closeout Report, for additional information and forms.
Materials inventory transfers may be made at any time during a contract period, as well as at the close of a contract when there is a remainder of unused materials on hand.
Local agencies must document the receipt and transfer of materials.
Transfers must be reported in the month the transfer takes place on the monthly request for reimbursement form (Exhibit 8.7A, Sample Weatherization Program Request for Reimbursement).
In the case of a transfer at the end of a contract, the transfer must be reported in the Final Contract Closeout Report (Section 8.8).
Local agency files must include the following documentation:
Copies of requests for reimbursement forms (Exhibit 8.7A).
Copies of applicable forms in the Final Contract Closeout Report (Exhibit 8.8A).
See Section 8.8, Final Contract Closeout Report
POLICY 8.13 PREVAILING WAGE
It is the responsibility of Low Income Weatherization Assistance Program funded agencies (further known as Local Agencies) to comply with The Prevailing Wage Law (Chapter 39.12 RCW) by ensuring laborers performing work on low-income weatherization projects are paid the prevailing rate of wage for each county when applicable.
To ensure correct state prevailing wages are paid to employees, contractors, and subcontractors who perform labor work on weatherization projects, Local Agencies must follow all applicable laws when bidding, contracting, and paying for weatherization work. Local Agencies must review all Washington State Department of Labor and Industries (L&I) approved “Intents to Pay Prevailing Wage” and “Affidavits of Wages Paid” to ensure reasonable worker classifications were applied based on the scope of work. Local Agencies may not release final payment to contractors until all “Affidavits of Wages Paid” for the project have been approved by L&I.
This policy is intended as a guide in the interpretation and application of the relevant statues and regulations and may not be applicable to all situations. This policy does not replace applicable RCW or WAC standards.
This policy is effective as of the date of approval and supersedes all previous interpretations and guidelines. Changes may occur after the date of approval due to subsequent legislation, administrative rule, or judicial proceedings.
The following is a list of general procedures Local Agencies, their contractors, and subcontractors who perform labor on low-income weatherization projects shall follow to comply with the law. This list is not intended to address all situations and/or circumstances. Local Agencies who employ workers performing labor on a weatherization job site are required to fulfill both the Local Agency and Contractor duties listed in this procedure.
Bidding and Contracting
Post bid specification and contracts that state the following:
Laborers shall be paid according to their worker classification and list the applicable state prevailing wage rates in effect at the time of the bid.
b. Ensure all contractors and subcontractors (including owner/operators and sole proprietors) file Intents to Pay Prevailing Wage and Affidavits of Wages Paid with L&I.
c. Any dispute in connection with prevailing wages and weatherization contracts which the parties cannot resolve among themselves shall be referred to the director of L&I for arbitration, and that the director’s decision shall be final, conclusive and binding on all parties to the dispute.
Note: For contracts where the award was delayed more than six months after the bid was received, the prevailing wage rate in effect on the date of the award shall apply for the duration of the contract.
Contractors and Sub-contractors
Bid Documentation and Intent to Pay Prevailing Wages
Include the following documentation in all bids: List of potential worker classifications as provided by L&I that could reasonably be utilized on the low-income weatherization project.
List current state prevailing wage rates for applicable worker classifications in the county(ies) where the work will be performed.
Once a contract (or sub-contract) is awarded: File Intents to Pay Prevailing Wage with L&I and if applicable, verify subcontractors have also filed Intents to Pay Prevailing Wage forms with L & I.
Provide Intent ID # or a copy of the L&I approved Intents to Pay Prevailing Wage form for all laborers, including subcontractors to Local Agency.
Verifying Contractor Eligibility
Verify all contractors and subcontractors are:
Registered and licensed as contractors, as required by Washington law.
Not identified on the current Debarred Contractor List maintained by L&I. Note: if a contractor is identified on the Debarred Contractor List, they cannot perform work on federal or state funded projects.
Local Agencies (with employees who perform labor work), Contractors, and Subcontractors
Provide laborers performing work on a low-income weatherization project, an itemized statement detailing prevailing wage hours worked, rates of pay, classification of work performed, gross wages, and list of all deductions, included with each paycheck.
Maintain Payroll Records for three (3) years for any laborers performing work on a low-income weatherization project. Payroll records shall show the following items: employee’s name, address, Social Security number, worker classification, hourly rate of usual benefits, any overtime hours worked each day and week, including agreements to work up to 10-hour days, and the actual rate of wages paid.
Note: Employees who perform labor work in multiple counties should have the county where the work was performed included on their paycheck documentation.
Contractors (if applicable)
Verify all vouchers/invoices submitted by subcontractors include language stating prevailing wages for projects identified have been paid in accordance with the approved statements of Intents to Pay Prevailing Wages and Affidavits of Wages paid as filed with L&I.
Issue progress (partial) payments to subcontractors only after they have provided proof of approved Intents to Pay Prevailing Wage from L&I for all laborers performing work on weatherization projects.
Issue final payment* to subcontractors only after they have received proof of approved Affidavits of Wages Paid from L&I.
*If no progress payment is issued, Contractors will need to complete steps1-3 before submitting invoices to Local Agencies.
Verify all vouchers/invoices submitted by contractors and subcontractors include language stating prevailing wages for projects identified have been paid in accordance with the approved statements of Intent to Pay Prevailing Wages and Affidavits of Wages paid as filed with L&I.
Issue progress (partial) payments to contractors only under the following circumstances:
Contractors and subcontractors have provided proof of approved Intents to Pay Prevailing Wage for all laborers performing work on weatherization projects.
Approved Intents to Pay Prevailing Wages provided by contractors and their subcontractors are reviewed by the Local Agency to verify the worker classification(s) listed aligns with the worker classifications reasonably expected to be utilized on weatherization projects. Classifications approved on the Intents should also align with contractor and subcontractor original bid documentation.
Issue Final Payment* to contractors only under the following circumstances:
Verify contractors and subcontractors received approval from L&I for their Affidavits of Wages Paid.
Verify the work classifications listed on the Affidavit aligns with the work classification(s) included in the contractors and subcontractors bid.
*If no progress payment is issued, Local Agency will need to complete all steps above.
General Safety and Health Standards - Chapter 296-24 WAC
General Occupational Health Standards - Chapter 296-62
Policy 9.1.4 Confined Spaces
Confined Spaces - Chapter 296-809 WAC
L&I Confined Spaces – Chapter 296-809, WAC
Replaces: Section 9.1 - July 2015 WAP Memorandum 013
SECTION 9.1 ENSuring LOCAL AGENCies AND SUBCONTRACTORs H&S Minimizing Risk to Workers: Local Agencies and Subcontractors in the Weatherization Assistance Program (WAP) must provide weatherization services in a manner that minimizes risk to workers.
Remedying Energy-Related Health and Safety Hazards: Local Agencies must remedy energy-related health and safety hazards, which are necessary before or because of, the installation of weatherization materials.
Providing General Health and Safety Guidelines: The standards included here provide only general guidelines for health and safety concerns. Also see Field Guide.
Detailed specifications regarding worker health and safety are found in OSHA Safety and Health Standards (29 CFR 1926\1910) published by the U.S. Department of Labor; and corresponding WISHA Rule WAC 296-62. Worker safety rules of general application are also contained in State of Washington General Safety and Health Standards, Chapter 296-24 WAC, published by the Department of Labor and Industries. These standards are applicable to all workers providing services using funding under the DOE WAP program.
Taking Reasonable Precautions: Workers must take all reasonable precautions against performing work on homes that will subject workers or occupants to health and safety risks. Minor repairs and installation may be conducted only when necessary to effectively weatherize the home; otherwise these measures are not allowed.
The prevention of occupationally induced injuries and illnesses will be given precedence over production activities. To the greatest degree possible, the contractor will ensure that all equipment and facilities are in compliance with the Washington Industrial Safety and Health Act (WISHA) standards. Weatherization personnel are required to exhibit caution and care during the course of the workday.
Wx Section 9.1 Exsuring Local Agencies and Subcontractors H&S Page 2 of 4
Identifying the Crew Leader/Foreman as the Responsible Party: The crew leader/foreman is responsible for being in compliance with any instructions pertaining to health or safety as they apply to crew production activities:
Contact client before performing work. Provide the opportunity for discussing crew activities that will occur and occupant safety while work is in progress. When subcontractors are used, the program manager will be responsible for client contact.
Ensure each crewmember is reasonably protected when production activities are being conducted.
For pre-1978 buildings: Satisfy Section L. Lead Based Paint Hazard Control. Inform the client of the nature of the work to be done, and encourage that children be off-site while the work is taking place.
Enforcing the Use of Personal Protective Equipment: The use of personal protective equipment will be strictly enforced. Hearing and ear protection are required for individuals working around high decibel equipment. Each crew person will wear a respirator, protective eyewear, and protective clothing when necessary. Respiratory protection is required for individuals working in high-dust environments, including when using loose fill insulation blowing equipment, installing materials in attic and floor areas, and during prolonged use of grinding or power saw equipment. When working in an environment in which lead based paint dust will be generated, each employee within the work area may be required to wear a properly-fitted National Institute of Occupational Safety and Health (NIOSH)-approved HEPA respirator and protective clothing which will be removed upon vacating the work area. (See OSHA and WISHA rules, Section L.3, Other Federal Government Regulations.)
Maintaining Hand and Power Tools: All hand and power tools and similar equipment shall be maintained in a safe condition. This equipment will be inspected daily, and any equipment found defective shall be tagged and removed from service until it has been repaired or replaced. Protective guards are to be in place and functioning properly while a power tool is in use.
All electrical equipment, tools, and extension cords shall be grounded properly. All electrical power for 120-volt or greater will be protected by a ground fault circuit interrupter (GFCI). Any extension cords found defective (insulation worn or cut, or frayed wires) are to be removed from the job site and disposed of properly.
It is recommended that, when using power tools on surfaces that contain lead based paint, a HEPA dust collection attachment be used. Tools shall be cleaned after use.
Wx Section 9.1 Exsuring Local Agencies and Subcontractors H&S Page 3 of 4
Instituting General Fall Protection: Portable ladders shall be placed on a substantial base at a four-to-one pitch. Extension ladders are to be extended a minimum of 36 inches above the landing (i.e., where roof access occurs), or where not practical, be provided with grab rails and be secured against movement while in use. Portable metal ladders shall not be used where they may contact electrical conductors.
The use of ladders with broken or missing rungs or steps, broken or split side rails, or with other faulty or defective construction is prohibited. When ladders with such defects are discovered, they shall immediately be withdrawn from service.
Extra precaution is required while weatherization activities are conducted on the roof area. When an individual is above 16 feet or adequate stability cannot be maintained, safety gear, such as harness or safety straps, is required.
Performing Housekeeping Activities: All scrap lumber, waste material, and debris shall be removed from the immediate area as work progresses. An area outside the home should be designated for storing such material, which should be removed from the premises at the end of each workday or when the job is completed. (Local agencies and subcontractors are encouraged to recycle materials whenever possible.)
Equipment shall be removed from the immediate work area and properly stored when no longer required or when each phase of the weatherization process is completed. Individuals shall be equipped with a tool belt or vest, in which hand tools not in use are then properly stored and readily accessible when required.
When lead based paint dust is generated during the course of work, the area must be cleaned no later than the end of each workday. All materials used in the debris collection system removed in a lead safe manner, the area thoroughly vacuumed using a HEPA vacuum, and wash and wipe down the area with a detergent solution.
Working in Confined Spaces (Attic/Crawl): When possible, cut out holes required for venting before work is started, installing vents after weatherization activities are completed. This procedure provides both additional ventilation and light.
Precaution shall be taken when working in areas with low clearance. Work in areas with less than 18-inch clearance may be waived.
Before weatherization activities are conducted, the following is required:
The Competent Person – Confined Spaces must determine if the area is a permit-required or a non-permit confined space.
Health and safety corrective action documented on the Job Order Sheet is to be completed.
Wx Section 9.1 Exsuring Local Agencies and Subcontractors H&S Page 4 of 4
Specific instructions are read and understood. Further clarification may be required from the Energy Analyst.
An adequate and safe means of access is provided.
Each individual has accessed the area and become familiar with existing conditions.
Removing Pollutants: Removal of pollutants is allowed and is required if they pose a risk to workers. If pollutants pose a risk to workers and removal cannot be performed or is not allowed by the client, the unit must be deferred. If the project is deferred, the local agency must use a deferral form to document observed conditions and household pollutants. The client must be provided with proper disposal site information for household pollutants requiring removal.
Effective Date: July 1, 2016 Page 1 of 1
Policy 9.1.4 Confined Spaces
Replaces: Section 9.1(partial) - July 2015 WPN 11-06
POLICY 9.1.1 Field SAFETY Training Maintaining Weatherization Health and Safety Program: The local agency Weatherization Program Manager is responsible for maintaining the local agency’s weatherization health and safety program. Specific responsibilities may be delegated to adequately trained and competent personnel.
Training Employees on Field Safety: All local agency and subcontractor weatherization field employees (including but not limited to auditors, inspectors, crew leads, crew members, and weatherization workers) must receive the following Field Safety Training safety training prior to conducting field work.
OSHA 10 training.
Current First Aid and CPR training - valid first-aid certificate and CPR proficiency cards. (Per WAC 296-155-120)
Confined Spaces training – valid Competent Person-Confined Space certification
Exceptions: The following are exceptions to the timing and responsibility of the required field safety training:
Newly hired or reassigned field employees must receive safety training within three (3) months of starting field work. Until training is complete, employees must work with a trained employee.
Subcontractors conducting specialty work such as electrical, plumbing, heating, ventilation and air conditioning under the Weatherization Program are themselves responsible for ensuring that they and their employees are in compliance with any local, state and national worker safety training requirements applicable to their work.
References: WPN 11-06, DOE clarification response 12/30/2012
Effective Date: July 1, 2016 Page 1 of 1
L&I Safety Meetings and Committees
Replaces: Section 9.1(partial) - July 2015 Sample Safety Meeting Topics
POLICY 9.1.2 SAFETY Meetings Conducting Safety Meetings: Local agencies must conduct safety meetings monthly.
Attending Safety Meetings: Local agencies Weatherization staff, especially field staff must attend monthly safety meetings.
Content and Purpose of Safety Meetings: The content of meetings should focus primarily on issues of current importance, for example, OSHA requirements, new information on safety procedures, or product-related information Safety Data Sheets (SDS). During the meeting, employees should be encouraged to ask questions.
The main purpose will be to ensure employees retain and understand information covered during the meeting.
Limit the amount of information covered to just one issue, when possible, such as lifting, tool maintenance, electrical equipment, or understanding of Safety Data Sheets (SDS).
Posters relating to such matters are available and should be displayed during the month that particular issue is discussed.
Documenting Safety Meetings: Local agencies must document each safety meeting with recorded minutes kept on file. Minutes must include:
List of employee attendance; and
Topics discussed and concerns.
Effective Date: July 1, 2016 (retroactive) Page 1 of 1
Replaces: Policy 9.1.3 - July 2016 OSHA’s Hazard Communication Standard (HCS)
POLICY 9.1.3 Inspecting On-Site H&S Work Practices Inspecting On-Site H&S Work Practices: The Local Agency must conduct an announced, on-site inspection of each crew monthly, including:
Ascertaining the extent of the client's understanding of weatherization activities being performed. If health and safety issues are documented, this information must also be included in the discussion.
Inspecting condition of personal safety equipment and confirming that all crew members are adequately supplied. Crew members must wear prescribed equipment if warranted by the activities being conducted.
Checking each crew vehicle (as required by OSHA for all jobsites) is supplied with a:
Complete first aid kit designed to provide basic first aid;
Adequately charged hand-operated fire extinguisher, designed for all three types of fire (electrical, wood, and liquid). Ensure service date has not expired; and
Binder containing the local agency’s Hazard Communication Plan including a list of hazardous chemicals (common and chemical name), location where they are used, usage and hazardous information (signs/symptoms of exposure and required first aid), and list of Safety Data Sheets. (Note: Copies of SDS are not required if master files are accessible by all crew members.) For more information and for Hazard Communication Plan templates, see OSHA’s Hazard Communication Standard (HCS).
Inspecting hand and power tools and similar equipment. Any found to be defective should be tagged and removed from service. Equipment not in use shall be properly stored.
Inspecting work area to ensure activities are conducted in a safe manner, including provision of adequate light, proper disposal of debris, connection of power equipment to a ground fault circuit interrupter, and resolution of health and safety issues.
Documenting Inspections: Local agencies must document each inspection performed including: Date; Concerns discovered, and Actions required or taken to correct concerns.
Effective Date: July 2017 Page 1 of 1
Confined Space Training (6/9/2016 Webinar)
OSHA’s Confined Spce Litigation Settlement (OSHA’s Confined Space Q&A)
Exhibit 9.1.4, Confined Space Evaluation Form, example
OSHA 29 CFR 1926 Sub-Part AA
Protecting Construction Workers in Confined Spaces: Small Entity Compliance Guide
OSHA’s Confined Spaces FAQs
L&I Confined Spaces – Chapter 296-809, WAC
Replaces: Policy 9.1.4 - July 2016 WAP Memorandum 013
POLICY 9.1.4 CONFINED SPACES Complying with Confined Spaces Requirements: Local Agencies must comply with Washington Industrial Safety and Health Act of 1973 (WISHA) requirements for practices and procedures to protect employees engaged in construction activities at a worksite with one or more confined spaces (e.g. Attics, Crawlspaces, etc.). See Occupational Safety and Health Administration (OSHA) 29 CFR 1926 Sub-Part AA and Division of Occupational Safety and Health (DOSH) part of Department of Labor and Industries (L&I) Confined Spaces – Chapter 296-809, WAC.
Adopting and Implementing a Confined Spaces Program: Local Agencies and their subcontractors must adopt and implement a Confined Space Program based on WAC 296-809.
Training for Competent Person-Confined Space: Local Agencies’ auditors and crew leads must receive “Confined Space” training.
Exceptions: Self-training is available.
It is strongly recommended all weatherization workers take confined space training.
Certifying a Competent Person-Confined Space:At a minimum, each Competent Person-Confined Space must meet all the following requirements:
Completed Confined Space Training (Watch 6/9/2016 webinar to meet requirement.)
Completed OSHA 10 Training
Read and understand the OSHA’s Confined Space Litigation Settlement
Send attestation to the Building Performance Center (BPC) that the above a – c are complete. The BPC will issue a Competent Person-Confined Space certificate.
Documenting Confined Space compliance: Local Agencies must document in the client file the name of “Competent Person-Confined Space”, each Confined Space assessed, determination of whether each space was permit-required or a non-permit confined space, and required documentation for any permit-required confined spaces.