How One State Is Trying to Increase the Pipeline of Skilled Workers

Virginia may be in the home stretch on a plan to change skilled trades contractor licensing and education rules, a move designed to lower barriers to employment in the state’s construction industry.

The required public comment period for proposals by the Virginia Board for Contractors to cut the years of experience requirement for skilled workers in fields like electrical, plumbing, and HVAC to become licensed journeymen from four to two; allow skilled workers to become licensed with various combinations of experience and training; and eliminate the mandate for continuing education in those trades is set to close Dec. 21.

The board’s Aug. 2 action was described by the office of Gov. Glenn Youngkin as a response to a mandate to pare back state regulations and red tape generally and to specifically help construction employers deal with a chronic shortage of skilled labor that’s expected to continue.

An Aug. 26 news release quoted Youngkin as saying that “increasing opportunities for people to become licensed in high-demand, high-paying jobs while also helping businesses find the talent they desperately need will strengthen our Commonwealth.”

The state’s labor secretary, Bryan Slate, said loosening the requirements was a response to a situation in which “construction firms are struggling to find enough qualified workers to meet consumer needs and contribute to economic growth.” Along with increasing awareness and opportunities for apprenticeships, allowing for easier movement and advancement of workers should produce a turnaround, he said.

The action is being framed by the regulatory board that operates under the Department of Professional and Occupational Regulation (DPOR) as an attempt to strike a better balance between safety and competency guardrails and the need to unclog the construction labor pipeline and reduce regulatory requirements on businesses. It referenced the need to “ensure we are not requiring more than is necessary to protect the public,” and to address “a burden on businesses and individuals requiring time, money, and energy for compliance.” The overarching concern, it says, is the skilled trades worker shortage and the ripples that sends through the state economy.

In earlier coverage of the DPOR’s action by ConstructionDive.com officials with the Baltimore-D.C. Metro Building and Construction Trades Council took issue with the decision, questioning the impact on worker and public safety as well as on the quality of construction. Reducing longstanding entry and education requirements, they said, would produce blowback that would override the impact of gaining access to more workers.

But DPOR Spokesperson Kerri O’Brien references a statement by DPOR Director Demetrios Melis that “public safety is the primary purpose of licensure and therefore will be continuously considered and ensured.” Yet the Code of Virginia makes clear that “limitations on the entry into a profession should be no greater than necessary to protect the health, safety, and welfare of the public.”

Associated General Contractors of Virginia is taking a nuanced view. Courtney Baker, director of workforce and training, tells EC&M the group’s official stance is that deeper review of the proposals is needed. While lowering barriers into construction jobs is essential and in the interest of workers and the industry,  it shouldn’t be done at the expense of ensuring a skilled and competent workforce. “Virginia’s approach with the proposed licensing changes won’t be the sole solution,” she says. “The state providing better support to our technical instructors, added resources for technical classrooms, and public/private partnerships will be needed.”

“We support efforts that create an inclusive and obtainable pathway for all Virginians entering the construction industry; however, we have concerns about doing so at the cost of compromising safety through truncating the high-skilled training necessary to safely complete work,” the official statement reads. “We are committed to being engaged in the conversation and the process of evaluating these proposed regulatory changes. We do not have enough details at this time that prove these changes are in the best interest of promoting a safe and highly trained workforce.”

Time may still be on the side of AGCVA  and others that might want to see revisions. O’Brien says another review will follow the close of the public comment period. But the state’s process, she says, will have been deliberate and thorough: “There are many steps before any changes would take effect. There's an executive review, review from the secretary of labor, public comment period, and then more review. It can be about an 18-month process.”

Tom Zind is a freelance writer based in Lees Summit, Mo. He can be reached at [email protected].