Request to Add Delete or Modify the Dictionary of Occupational Classifications and Work Descriptions
State of Wisconsin
Equal Rights Division
DICTIONARY OF OCCUPATIONAL CLASSIFICATIONS AND WORK DESCRIPTIONS
The Department of Workforce Development is required by law to define the specific work performed by all trades or occupations commonly employed on all public works projects throughout the State of Wisconsin that are subject to either Section. 66.0903, 103.49 or 103.50, Stats.
This publication defines the specific work that is typically performed by each occupational classification recognized by this department. The work description for a particular occupational classification is not intended to be jurisdictional in scope and is not to be construed as limiting or prohibiting any worker from performing the work of one or more occupational classifications. The work descriptions set forth in this publication supersede any and all other descriptions previously issued by this department.
Each occupational classification is based on the particular work performed, with consideration given to those trades or occupations that are commonly employed and recognized within the Wisconsin construction industry as being a separate and distinct classification. Each occupational classification and work description contained in this publication is deemed presumptively valid throughout the entire State of Wisconsin.
In determining the occupational classifications and work descriptions set forth in this publication, the department considered the following
Any person may request that the department add, delete or modify any occupational classification or work description. Each request must be submitted in writing to the Chief, Construction Wage Standards Section. Each request must clearly state the action which the requestor wants the department to undertake, the requestor's rationale for making the request and include specific documentation in support of the request. Mail requests to the Chief , Construction Wage Standards Section, P.O. Box 8928, Madison, Wisconsin 53708.
The Chief or a person designated by the Chief, shall review each request. The reviewer may seek Additional Information from the requestor when deemed necessary. The reviewer will provide all parties the reviewer believes most directly affected by the request (employers, employers' associations, state and local governmental units and labor unions) with a copy of the request and an opportunity to submit written comments and specific documentation regarding the request. Any party receiving a copy of such request will have thirty (30) days from the date of the letter accompanying the copy to submit written comments and documentation to the reviewer concerning the request. After the comment period has expired, the reviewer will share all responses with the requestor and provide the requestor thirty (30) days in which to submit a written response concerning any comments received from all other parties.
After reviewing all submitted information, comments and arguments concerning the request, the reviewer will issue a written initial determination concerning the request. An initial determination may adopt the request as proposed, may modify and adopt the request as proposed or may reject the request. The reviewer shall send the requestor and all parties who submitted a written response regarding the request a copy of the initial determination. All such parties shall have thirty (30) days from date the initial determination was issued to submit a letter appealing the initial determination. In those instances where no person appeals the initial determination in the specified time period, the initial determination shall automatically become the department's final determination concerning the request.
Any appeal of an initial determination shall be addressed to the Director of the Labor Standards Bureau of the Equal Rights Division at P.O. Box 8928, Madison, Wisconsin 53708. Each appeal must include all arguments the appellant wishes to make concerning the appeal. The Director or a person designated by the Director shall consider the appeal. A copy of the appeal shall be mailed to all parties who received a copy of the initial determination. These parties shall have thirty (30) days from the date the notice of appeal is mailed to them in which to submit written arguments concerning the appeal. Upon completion of the comment period on the appeal, the Director or designee will review the request record to date and issue a final determination on the request.
Each request to add, delete or modify an occupational classification or work description that is adopted by the department shall become effective as soon as practicable.
The department reserves the right to make minor technical corrections to any work description whenever it deems necessary.