Procedural Rules

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_025.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 
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BUREAU OF LABOR AND INDUSTRIES

 

DIVISION 25
PREVAILING WAGE RATES ON PUBLIC WORKS
Procedural Rules

839-025-0000
Notice of Proposed Rules
(1) Prior to the permanent adoption, amendment, or repeal of any rule relating to Prevailing Wage Rates on Public Works, the Bureau of Labor and Industries must give notice of intended action as required in OAR 839-002-0002.
(2) The notice provisions in OAR 839-002-0002 do not apply to the determination of prevailing wage rates pursuant to ORS 279C.815(2) or to the adoption of such rates as rule amendments to OAR 839-025-0700 and 839-025-0750.
Stat. Auth.: ORS 279 & 651.060(4)

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 14-1982, f. 10-19-82, ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 3-1996, f. & cert. ef. 1-26-96; BLI 26-2000(Temp), f. 12-19-00, cert. ef. 12-20-00 thru 6-18-01; BLI 15-2001, f. & cert. ef. 11-14-01; BLI 9-2004, f. 7-26-04, cert. ef. 7-27-04; Renumbered from 839-016-0000, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05
839-025-0003
Forms
(1) All forms referenced in these rules may be obtained on the bureau's website, www.oregon.gov/boli or at the address listed below.
(2) Completed forms, requests and fees referenced in these rules may be filed with the Prevailing Wage Rate Unit, Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St. #1045, Portland, OR 97232.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0003, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 29-2005, f. 12-29-05, cert. ef. 1-1-06
839-025-0004
Definitions
As used in OAR chapter 839, division
025, unless the context requires otherwise:
(1) "Apprentice" means:
(a) A person who is individually
registered in a bona fide apprenticeship program registered with the U.S. Department
of Labor, Office of Apprenticeship (OA), or with any state apprenticeship agency
recognized by OA, and who is employed by a registered training agent pursuant to
ORS 660.010(10) and is working pursuant to the standards of the apprentice’s
apprenticeship program; or
(b) A person in probationary
employment as an apprentice in such an apprenticeship program, but who is not individually
registered in the program, but who has been certified by the OA or a state apprenticeship
agency to be eligible for probationary employment as an apprentice, and who is employed
by a registered training agent pursuant to ORS 660.010 (10) and is working pursuant
to the standards of the apprentice’s apprenticeship program.
(2) "The Basic Hourly Rate
of Pay" or "Hourly Rate" means the rate of hourly wage, excluding fringe benefits,
paid to the worker.
(3) "Bureau" means the Bureau
of Labor and Industries.
(4) "Commissioner" means
the Commissioner of the Bureau of Labor and Industries, or designee.
(5) "Construction" means
the initial construction of buildings and other structures, or additions thereto,
and of highways and roads. "Construction" does not include the transportation of
material or supplies to or from the public works project by employees of a construction
contractor or construction subcontractor.
(6) "Division" means the
Wage and Hour Division of the Bureau of Labor and Industries.
(7) "Employ" includes to
suffer or permit to work.
(8) "Fringe benefits" means
the amount of:
(a) The rate of contribution
irrevocably made on a “regular basis” and “not less often than
quarterly,” as those terms are defined in OAR 839-025-0043, by a contractor
or subcontractor to a trustee or to a third person pursuant to a plan, fund or program;
and
(b) The rate of costs to
the contractor or subcontractor which may be reasonably anticipated in providing
benefits to workers pursuant to an enforceable commitment to carry out a financially
responsible plan or program which is committed in writing to the workers affected,
for medical or hospital care, pensions on retirement or death, compensation for
injuries or illness resulting from occupational activity, or insurance to provide
any of the foregoing, for unemployment benefits, life insurance, disability and
sickness insurance or accident insurance, for vacation and holiday pay, for defraying
costs of apprenticeship or other similar programs or for other bona fide fringe
benefits, but only where the contractor or subcontractor is not required by other
federal, state or local law to provide any of such benefits. Other bona fide fringe
benefits do not include reimbursement to workers for meals, lodging or other travel
expenses, nor contributions to industry advancement funds (CIAF for example).
(9)(a) "Funds of a public
agency" includes any funds of a public agency that are directly or indirectly used,
as described below.
(A) "Directly used funds
of a public agency" means revenue, money, or that which can be valued in money collected
for a public agency or derived from a public agency's immediate custody and control,
and, except as provided in ORS 279C.810(1)(a)(H) and (J) and subsection (b) of this
section, includes but is not limited to any money loaned by a public agency, including
the loan of proceeds from the sale of conduit or pass-through revenue bonds for
the specific purpose of financing a project, and public property or other assets
used as payment for all or part of a project.
(B) "Indirectly used funds
of a public agency" means, except as provided in subsection (b) of this section,
that a public agency ultimately bears the cost of all or part of the project, even
if a public agency is not paying for the project directly or completing payment
at the time it occurs or shortly thereafter. A public agency does not indirectly
use funds of a public agency when it elects not to collect land rent that is due.
Examples of when an agency "ultimately bears the cost" of all or part of a project
include but are not limited to:
(i) Amortizing the costs
of construction over the life of a lease and paying these costs with funds of a
public agency during the course of the lease;
(ii) A public agency subsidizing
the costs of construction that would normally be borne by the contractor;
(iii) Using insurance proceeds
that belong to a public agency to pay for construction. Insurance proceeds represent
"money collected for the custody and control of a public agency" and therefore are
funds of a public agency, whether the contractor obtains payment directly from the
insurance company or the public agency; or
(iv) Using or creating a
private entity as a conduit for funding a project when the private entity is in
fact an alter ego of the public agency.
(b) "Funds of a public agency"
does not include:
(A) Funds provided in the
form of a government grant to a nonprofit organization, unless the government grant
is issued for the purpose of construction, reconstruction, major renovation or painting;
(B) Building and development
permit fees paid or waived by the public agency;
(C) Tax credits or tax abatements;
(D) Land that a public agency
sells to a private entity at fair market value;
(E) The difference between:
(i) The value of land that
a public agency sells to a private entity as determined at the time of the sale
after taking into account any plan, requirement, covenant, condition, restriction
or other limitation, exclusive of zoning or land use regulations, that the public
agency imposes on the development or use of the land; and
(ii) The fair market value
of the land if the land is not subject to the limitations described in subparagraph
(i) of this paragraph;
(F) Staff resources of the
public agency used to manage a project or to provide a principal source of supervision,
coordination or oversight of a project;
(G) Staff resources of the
public agency used to design or inspect one or more components of a project;
(H) Moneys derived from the
sale of bonds that are loaned by a state agency to a private entity, unless the
moneys will be used for a public improvement;
(I) Value added to land as
a consequence of a public agency's site preparation, demolition of real property
or remediation or removal of environmental contamination, except for value added
in excess of the expenses the public agency incurred in the site preparation, demolition
or remediation or removal when the land is sold for use in a project otherwise subject
to ORS 279C.800 to 279C.870; or
(J) Bonds, or loans from
the proceeds of bonds, issued in accordance with ORS Chapter 289 or 441.525 to 441.595,
unless the bonds or loans will be used for a public improvement.
(10) "Housing" has the meaning
given that term in ORS 456.055.
(11) "Major renovation" means
the remodeling or alteration of buildings and other structures within the framework
of an existing building or structure and the alteration of existing highways and
roads, the contract price of which exceeds $50,000.
(12) "Nonprofit organization,"
as used in section (9)(b)(A) of this rule, means an organization or group of organizations
described in section 501(c)(3) of the Internal Revenue Code that is exempt from
income tax under section 501(a) of the Internal Revenue Code.
(13) "Normal business hours"
means the hours during which the office of the contractor or subcontractor is normally
open for business. In the absence of evidence to the contrary, the Division will
consider the hours between 8:00 a.m. and 5:00 p.m., excluding the hours between
12:00 noon and 1:00 p.m., on weekdays as normal business hours.
(14) "Overtime" means all
hours worked:
(a) On Saturdays;
(b) On the following legal
holidays:
(A) Each Sunday;
(B) New Year's Day on January
1;
(C) Memorial Day on the last
Monday in May;
(D) Independence Day on July
4;
(E) Labor Day on the first
Monday in September;
(F) Thanksgiving Day on the
fourth Thursday in November;
(G) Christmas Day on December
25.
(c) Over 40 hours in a week;
and either
(d) Over eight (8) hours
in a day; or
(e) Over 10 hours in a day
provided:
(A) The employer has established
a work schedule of four consecutive days (Monday through Thursday or Tuesday through
Friday) pursuant to OAR 839-025-0034; and
(B) The employer operates
in accordance with this established work schedule.
(15) "Overtime rate" means
the basic hourly rate of pay multiplied by one and one-half.
(16) "Overtime wages" means
the overtime hours worked multiplied by the overtime rate.
(17) "Person" includes a
public or private corporation, a partnership, a sole proprietorship, a limited liability
company, a government or governmental instrumentality.
(18) "Prevailing wage rate
claim" means a claim for wages filed by a worker with the Division.
(19) "Public agency" means
the State of Oregon or any political subdivision thereof or any county, city, district,
authority, public corporation or entity and any instrumentality thereof organized
and existing under law or charter.
(20)(a) "Public work," "public
works" or "public works project" includes but is not limited to:
(A) Roads, highways, buildings,
structures and improvements of all types, the construction, reconstruction, major
renovation or painting of which is carried on or contracted for by any public agency
to serve the public interest;
(B) A project for the construction,
reconstruction, major renovation or painting of a privately owned road, highway,
building, structure or improvement of any type that uses funds of a private entity
and $750,000 or more of funds of a public agency; or
(C) A project for the construction
of a privately owned road, highway, building, structure or improvement of any type
that uses funds of a private entity and in which 25 percent or more of the square
footage of the completed project will be occupied or used by a public agency; or
(D) A device, structure,
or mechanism, or a combination of devices, structures, or mechanisms that:
(i) Uses solar radiation
as a source for generating heat, cooling, or electrical energy; and
(ii) Is constructed or installed,
with or without using funds of a public agency, on land, premises, structures, or
buildings that a public agency owns, regardless of the total project cost; or
(E) A project for the construction,
reconstruction, major renovation or painting of a road, highway, building, structure,
or improvement of any type that occurs, with or without using funds of a public
agency, on real property that the Oregon University System or an institution in
the Oregon University System owns.
(b) "Public works" does not
include:
(A) The reconstruction or
renovation of privately owned property that is leased by a public agency; or
(B) The renovation of publicly
owned real property that is more than 75 years old by a private nonprofit entity
if:
(i) The real property is
leased to the private nonprofit entity for more than 25 years;
(ii) Funds of a public agency
used in the renovation do not exceed 15 percent of the total cost of the renovation;
and
(iii) Contracts for the renovation
were advertised or, if not advertised, were entered into before July 1, 2003, but
the renovation has not been completed on or before July 1, 2007.
(21) "Public works contract"
or "contract" means any contract, agreement or understanding, written or oral, into
which a public agency enters for any public work.
(22) "Reconstruction" means
highway and road resurfacing and rebuilding, the restoration of existing highways
and roads, and the restoration of buildings and other structures.
(23) "Reconstruction or renovation
of privately owned property which is leased by a public agency" includes improvements
of all types within the framework or footprint of an existing building or structure.
(24)(a) "Residential construction
project" means a public works project for the construction, reconstruction, major
renovation or painting of a single family house or apartment building of not more
than four (4) stories in height and all incidental items such as site work, parking
areas, utilities, streets and sidewalks pursuant to the U.S. Department of Labor's
"All Agency Memorandum No. 130" -- "Application Of The Standard of Comparison 'Projects
Of a Character Similar' Under the Davis-Bacon and Related Acts" dated March 17,
1978. (See Appendix 6.)
(b) Notwithstanding the provisions
of subsection (a) of this section, where it is determined that a different definition
of "residential construction" has been adopted by local ordinance or code, or that
the prevailing practice of a particular trade or occupation regarding what is considered
"residential construction" differs from the U.S. Department of Labor definition
of residential construction, the commissioner may consider such information in determining
a project to be a "residential construction project."
(25) "Site of work" is defined
as follows:
(a) The site of work is limited
to the physical place or places where the construction called for in the contract
will remain when work on it has been completed, and other adjacent or nearby property
used by the contractor or subcontractor in such construction which can reasonably
be said to be included in the site.
(b) Except as provided in
subsection (c) of this section, fabrication plants, mobile factories, batch plants,
borrow pits, job headquarters, tool yards and similar facilities, are part of the
site of work provided they are dedicated exclusively, or nearly so, to the performance
of the contract or project, and are so located in proximity to the actual construction
location that it would be reasonable to include them. Such facilities which are
established by a supplier of materials for the project after the opening of bids
are deemed to be dedicated exclusively to the performance of the contract or project.
(c) Not included in the site
of work are permanent home offices, branch plant establishments, fabrication plants,
and tool yards of a contractor or subcontractor whose locations and continuance
in operation are determined wholly without regard to a particular contract or project.
In addition, fabrication plants, batch plants, borrow pits, job headquarters, tool
yards, and similar facilities of a commercial supplier or materialman which are
established by a supplier of materials for the project before opening of bids and
not on the project site, are not included in the site of work. Such permanent, previously
established facilities are not part of the site of the work, even where the operations
for a period of time may be dedicated exclusively, or nearly so, to the performance
of a contract or project.
(26) "Special wage determination"
means a wage determination made at the request of a public agency and which is applicable
only to specific job classes. A special wage determination is issued in those cases
where there is no current wage determination applicable to specific job classes
and the use of such job classes is contemplated on a public works project.
(27) "Trade" or "occupation"
is defined in accordance with the prevailing practices of the construction industry
in Oregon.
(28) "Trainee" means a person
registered and receiving on-the-job training in a construction occupation under
a program which has been approved in advance by the U.S. Department of Labor, Office
of Apprenticeship (OA), as meeting its standards for on-the-job training programs,
and which has been so certified by that office, and who is employed by a registered
training agent pursuant to ORS 660.010(10) and is working pursuant to the standards
of the trainee’s program.
(29) “Training agent”
means an employer that is registered with a local joint committee and the Apprenticeship
and Training Division of the Bureau of Labor and Industries.
(30) "Wage determination"
includes the original decision and any subsequent amendments made by the commissioner
in accordance with ORS 279C.815.
(31) "Wages" or "Prevailing
Wages" means the basic hourly rate of pay and fringe benefits as defined in sections
(2) and (8) of this rule.
(32) "Worker" means a person
employed on a public works project and whose duties are manual or physical in nature
(including those workers who use tools or who are performing the work of a trade),
as distinguished from mental, professional or managerial. The term "worker" includes
apprentices, trainees and any person employed or working on a public works project
in a trade or occupation for which the commissioner has determined a prevailing
rate of wage. (See OAR 839-025-0035.)
[ED. NOTE:
Appendices referenced are not included in rule text. Click here for PDF copy of appendices.]
Stat. Auth.: Stat. Auth.:
ORS 651.060(4), 279C.808
Stats. Implemented:H.B. 2646,
77th Leg., Reg. Ses. (Or2013), ORS 279C
Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 7-1989(Temp), f. 10-2-89, cert.
ef. 10-3-89; BL 5-1990, f. 3-30-90, cert. ef. 4-1-90; BL 3-1996, f. & cert.
ef. 1-26-96; BL 8-1996, f. 8-26-96, cert. ef. 9-1-96; BL 3-1997(Temp), f. 7-31-97,
cert. ef. 8-1-97; BL 1-1998, f. & cert. ef. 1-5-98; BLI 15-2001, f. & cert.
ef. 11-14-01; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0004,
BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 29-2005, f. 12-29-05, cert. ef. 1-1-06;
BLI 19-2006(Temp), f. 5-12-06, cert. ef. 5-15-06 thru 11-10-06; BLI 39-2006, f.
11-8-06, cert. ef. 11-10-06; BLI 20-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru
1-27-08; BLI 42-2007, f.12-28-07, cert. ef. 1-1-08; BLI 23-2010, f. 12-30-10, cert.
ef. 1-1-11; BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11; BLI 9-2013, f. 12-18-13,
cert. ef. 1-1-14
839-025-0005
Determination Requests
(1) A request for a determination as to whether a project or proposed project is a public works under ORS 279C.817, must meet the following requirements before it will be considered by the commissioner:
(a) The request must be in writing, describe all relevant details of the project or proposed project, and be submitted to: Prevailing Wage Rate Unit, Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., #1045, Portland, OR, 97232.
(b) A copy of the request must be sent to any public agency known to be associated with the project at the time it is submitted to the Prevailing Wage Rate Unit. The request must identify the public agencies receiving a copy of the request.
(c) In addition to the written request, the requester must provide all documents, records, and other information necessary to enable the commissioner to make the determination. This information includes, but is not limited to, copies of advertisements, project plans and specifications, development and disposition agreements, contracts, project financing information, loan agreements, and any other relevant information related to the project or proposed project. When the requester is not a public agency and information necessary for a determination is in the custody or control of a public agency, it is the requester's responsibility to obtain the information from the public agency and provide it with the request.
(2) The requester has a continuing duty to provide the Prevailing Wage Rate Unit with all relevant documents, records and other information until a determination is made. If any information submitted in connection with a request is modified or superseded in any material respect after the request is made, the requester must promptly submit the updated information to the Prevailing Wage Rate Unit.
(3) The commissioner will inform the requester if additional documents, records, or other information is necessary to enable the commissioner to make the determination.
(4) If the commissioner informs a requester that the Prevailing Wage Rate Unit has not received all the documents, records, or other information necessary to make a determination, the request will remain pending for 90 calendar days. If the Prevailing Wage Rate Unit does not receive the information the commissioner deems necessary to make a determination while the request is pending, the requester may be required to submit a new request in order to obtain a determination.
(5) If a requester fails or refuses to provide documents, records, or other information necessary to enable the commissioner to make the determination and the commissioner has reasonable grounds to believe such documents, records, or other information exist, the commissioner may inform the requester that the commissioner is unable to issue a determination.
(6) The commissioner's determination will be issued to the requester, with copies mailed to any public agencies identified on the request.
(7) The determination will include notice of the right of the requester and any person adversely affected or aggrieved by the determination to a hearing, pursuant to ORS 183.415, OAR 137-003-0001, the supplemental provisions for hearing requests in OAR Ch. 839, div. 50. and ORS 279C.817(4).
(8)(a) After the commissioner issues a determination, the requester or any public agency served with a copy of the determination may request that the commissioner reconsider the determination.
(b) A request for reconsideration must be received within 15 calendar days of the date the determination was mailed. Requests must be submitted to the Prevailing Wage Rate Unit. A request for reconsideration does not toll the time period for requesting a contested case hearing on the determination.
(c) The reconsideration request must be in writing and include the reason or reasons for the request and any documents in support of the request.
(d) The commissioner will accept or reject the request within 15 business days of receipt of the request by the Prevailing Wage Rate Unit. If the commissioner does not accept the request within 15 business days, it is deemed denied.
Stat. Auth.: ORS 279C, 279C.817 & 651.0607

Stats. Implemented: ORS 279C.800, 279C.870

Hist.: BLI 20-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 1-27-08; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08
839-025-0006
Purpose and Procedure for Addition of Trade
(1) As a result of technological advancements and/or policy changes, new trades periodically emerge in the construction industry. When this happens, it may be appropriate for the commissioner to add such trades into the prevailing wage rate determinations. The following procedure is designed to insure that new trades are included in prevailing wage rate determinations when appropriate.
(2) Any person may request the addition of a trade by submitting a written request to the Prevailing Wage Rate Unit. This request must, at a minimum, specify:
(a) Name of proposed trade;
(b) Minimum education required; and
(c) Description of minimum skills required and tools used.
(3) The PWR Coordinator will recommend to the commissioner whether or not to conduct a complete study of the proposed trade. The requesting party will be notified in writing by the PWR Coordinator of the commissioner's decision.
(4) If the PWR Coordinator conducts the requested study, the following areas, at a minimum, will be included in the review:
(a) Relevant practices of the U.S. Department of Labor under the Davis-Bacon Act;
(b) Whether the proposed trade is substantially different from trades included in the current wage determination;
(c) The relevant prevailing practices in the State of Oregon.
(5) The PWR Coordinator will submit a report and a recommendation to the commissioner.
(6) The commissioner will decide whether or not to include the proposed trade. The requesting party will be notified in writing of the commissioner's decision.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 14-1982, f. 10-19-82, ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 3-1996, f. & cert. ef. 1-26-96; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0006, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05
839-025-0007
Purpose and Procedure for Special Wage Determination
(1) In planning a public works project, public agencies periodically require the use of a trade not normally included in wage determinations. Special wage determinations allow the commissioner to recognize a trade and establish a rate for it. This procedure also allows the commissioner to respond in a timely fashion to the needs of the public agency. Special wage determinations are not available when the wage determination is applicable.
(2) Any public agency may submit a written request for a special wage determination to the Prevailing Wage Rate Unit. The request must contain:
(a) A written description of the work to be performed; and
(b) An identification of the requested trade(s).
(3) Within two weeks the PWR Coordinator will recommend to the commissioner whether or not a special wage determination should be established.
(4) If a special wage determination is to be allowed, the PWR Coordinator will provide the requesting agency with the instruments, procedures, and minimum requirements for conducting a wage survey. The requesting agency will conduct the wage survey in accordance with bureau procedures and submit the results to the PWR Coordinator.
(5) The PWR Coordinator will review the data for methodological compliance and accuracy and submit it to the commissioner with a recommendation.
(6) The commissioner will approve or disapprove the special wage determination request after considering the PWR Coordinator's recommendation. The public agency will be notified, in writing, of the commissioner's final decision.
(7) If the special wage determination is approved, it is valid only for the locality specified in the special wage determination and only until the first day of July following the date of approval unless amended prior to that date.
(8) A copy of the approved special wage determination will be kept on file by the PWR Coordinator and the Wage and Hour Division.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 14-1982, f. 10-19-82, ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 3-1996, f. & cert. ef. 1-26-96; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0007, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08
839-025-0008
List of Planned Public Improvements
(1) As used in this rule the
term "Public improvement" has the same meaning as it does in ORS 279A.010(cc).
(2) Each public agency must
prepare and file with the commissioner a list of every public improvement known
to the agency that the agency plans to fund during the subsequent budget period.
The list must be submitted to the Prevailing Wage Rate Unit not less than 30 days
prior to the adoption of the agency's budget. If the agency revises its list after
the adoption of its budget, the agency must file the revised list with the commissioner
at that time.
(3) Copies of the lists of planned
public improvements filed with the commissioner by public agencies as required by
ORS 279C.305(2) are available to the public upon written request to the Prevailing
Wage Rate Unit. The request must contain the following information:
(a) The name of the public agency;
(b) The name of any division,
section or department of the public agency, if applicable; and
(c) The approximate date of
the budget period for which the list was filed.
(4) The cost of supplying copies
requested in section (3) of this rule will be calculated in accordance with OAR
839-030-0010, which sets forth the fees to be charged by the bureau when responding
to requests for copies of public records.
(5) To assist public contracting
agencies in complying with the provisions of ORS 279C.305 and these rules, the commissioner
has prepared two forms, WH-118 and WH-119. The use of these forms
by the public contracting agency is optional. However, the statutory requirements
of 279C.305(2) are satisfied when these forms are completed and mailed to the Prevailing
Wage Rate Unit. The forms should be completed as follows:
(a) The Planned Public Improvement
Summary form, WH-118, should be used to summarize all planned projects in
the subsequent budget period, noting the project information requested on the form;
(b) ORS 279C.305 requires public
contracting agencies to show that they are conforming to state policy when they
plan to use their own personnel and equipment on projects estimated to exceed $125,000.
The Capital Improvement Project Cost Comparison Estimate form, WH-119, should
be completed for the purpose of complying with this provision. In developing cost
comparisons, unit costs which can be substantiated by the agency's cost accounting
system should be used. Contractor unit prices that reflect bidding data should also
be used.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348
- 279.380

Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 3-1996, f. & cert. ef. 1-26-96; BLI 5-2002, f. 2-14-02, cert.
ef. 2-15-02; Renumbered from 839-016-0008, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05;
BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 5-2008, f. & cert. ef. 3-10-08;
BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11

Forms Prescribed by the Labor Commissioner

839-025-0010
Payroll and Certified Statement
(1) The form required by ORS 279C.845
is the Payroll and Certified Statement form, WH-38. This form must accurately
and completely set out the contractor's or subcontractor's payroll records, including
the name and address of each worker, the worker’s correct classification,
rate of pay, daily and weekly number of hours worked and the gross wages the worker
earned each week during which the contractor or subcontractor employs a worker upon
a public works project.
(2) The contractor or subcontractor
may submit the weekly payroll on the WH-38 form or may use a similar form
providing such form contains all the elements of the WH-38 form. When submitting
the weekly payroll on a form other than WH-38, the contractor or subcontractor
must attach the certified statement contained on the WH-38 form to the payroll
forms submitted.
(3) Each Payroll and Certified
Statement form must be submitted by the contractor or subcontractor to the public
agency by the fifth business day of each month following a month in which workers
were employed upon a public works project.
(4) The Payroll and Certified
Statement forms received by the public agency are public records subject to the
provisions of ORS 192.410 to 192.505. As such, they must be made available upon
request. Pursuant to ORS 279C.845(4), information submitted on certified statements
may be used only to ensure compliance with the provisions of ORS 279C.800 through
279C.870.
(5) If the contractor fails
to submit its payroll and certified statement forms to the public agency as required
by subsection (3) of this rule, the public agency must retain 25 percent of any
amount earned by the contractor until the contractor has submitted the required
payroll and certified statements to the public agency.
(a) The amount to be retained
shall be calculated at 25 percent of the unpaid amount earned by the contractor
at the time each payroll and certified statement are due. For example, if the contractor
fails to submit its payroll and certified statement by the fifth of the month and
the contractor earned $100,000 in the period since its last payroll and certified
statement were submitted to the public agency, the public agency must retain 25
percent of $100,000 ($25,000), until such time as the required payroll and certified
statement are submitted.
(b) When calculating the
amount to be retained, amounts previously retained shall not be included as amounts
earned by the contractor.
(c) Once the required payroll
and certified statement have been submitted to the public agency, the public agency
must pay the amount retained to the contractor within 14 days.
(6) If a first-tier subcontractor
fails to submit a payroll and certified statement form to the public agency as required
by subsection (3) of this rule, the contractor must retain 25 percent of any amount
earned by the first-tier subcontractor until the first-tier subcontractor has submitted
the required payroll and certified statements to the public agency.
(a) The amount to be retained
shall be calculated at 25 percent of the unpaid amount earned by the first-tier
subcontractor at the time each payroll and certified statement are due. For example,
if the first-tier subcontractor fails to submit the payroll and certified statement
by the fifth of the month and the first-tier subcontractor earned $100,000 in the
period since the last payroll and certified statement were submitted to the public
agency, the contractor must retain 25 percent of $100,000 ($25,000), until such
time as the required payroll and certified statement are submitted.
(b) When calculating the
amount to be retained, amounts previously retained shall not be included as amounts
earned by the first-tier subcontractor.
(c) The contractor must verify
that the first-tier subcontractor has filed the required payroll and certified statement(s)
with the public agency before the contractor may pay the first-tier subcontractor
any amount retained under this section.
(d) Once the first-tier subcontractor
has filed the required payroll and certified statement with the public agency, the
contractor must pay the amount retained to the first-tier subcontractor within 14
days.
(7) Notwithstanding ORS 279C.555
or 279C.570(7), amounts retained pursuant to the provisions of this rule shall be
in addition to any other amounts retained.
(8)(a) If a project is a
public works of the type described in ORS 279C.800(6)(a)(B), and no public agency
awards a contract to a contractor for the project, the contractors and any subcontractors
employing workers upon the public works project shall submit weekly payrolls as
required by ORS 279C.845 and this rule to the public agency or agencies providing
funds for the project.
(b) When more than one public
agency provides funds for a project, the public agencies may designate one agency
to receive the contractor's and any subcontractors' payrolls.
(9)(a) If a project is a
public works of the type described in ORS 279C.800(6)(a)(C), and no public agency
awards a contract to a contractor for the project, the contractors and any subcontractors
employing workers upon the public works project shall submit weekly payrolls as
required by ORS 279C.845 and this rule to the public agency or agencies that will
occupy or use the completed project.
(b) When more than one public
agency will occupy or use the completed project, the public agencies may designate
one agency to receive the contractor's and any subcontractors' payrolls.
(10) If a project is a public
works of the type described in ORS 279C.800(6)(a)(D), and no public agency awards
a contract to a contractor for the project, the contractors and any subcontractors
employing workers upon the public works project shall submit weekly payrolls as
required by ORS 279C.845 and this rule to the public agency that owns the land,
premise(s), structure(s) or building(s) on which the solar radiation device(s) will
be constructed or installed.
(11) If a project is a public
works of the type described in ORS 279C.800(6)(a)(E), and no public agency awards
a contract to a contractor for the project, the contractors and any subcontractors
employing workers upon the public works project shall submit weekly payrolls as
required by ORS 279C.845 and this rule to the Oregon University System or an institution
in the Oregon University System that owns the real property.
[ED. NOTE: Forms and Publications referenced
are available from the agency.]
Stat. Auth.: ORS 651.060(4),
279C.808
Stats. Implemented: H.B.
2646, 77th Leg., Reg. Ses. (Or2013), ORS 279C
Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 13-1992, f. & cert. ef. 12-14-9;
BL 3-1996, f. & cert. ef. -1-26-96; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02;
Renumbered from 839-016-0010, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 29-2005,
f. 12-29-05, cert. ef. 1-1-06; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 28-2009,
f. 12-1-09, cert. ef. 1-1-10; BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11; BLI 9-2013,
f. 12-18-13, cert. ef. 1-1-14
839-025-0013
Notice of Public Works Form
(1) The notification form required by
ORS 279C.835 is the Notice of Public Works form, WH-81.
(2) Except as provided in
sections (4), (5), and (6) of this rule, the public agency must file the Notice
of Public Works form, WH-81, with the Prevailing Wage Rate Unit within 30 days after
the date a public works contract is awarded.
(3) The Notice of Public
Works form, WH-81, must be accompanied by:
(a) payment of the fee required
pursuant to ORS 279C.825; and
(b) a copy of the disclosure
of first-tier subcontractors submitted to the public agency by the contractor if
required pursuant to ORS 279C.370 and if a public agency awards a contract to a
contractor for a public works project.
(4) When a project is a public
works project pursuant to ORS 279C.800(6)(a)(B) and no public agency awards a contract
to a contractor for the project, the Notice of Public Works form shall be filed
by the public agency providing public funds for the project at the time the public
agency commits to the provision of funds for the project.
(5) When a project is a public
works project pursuant to ORS 279C.800(6)(a)(C) and no public agency awards a contract
to a contractor for the project, the Notice of Public Works form shall be filed
by the public agency when the agency enters into an agreement to occupy or use the
completed project.
(6) When a project is a public
works project pursuant to ORS 279C.800(6)(a)(D) and no public agency awards a contract
to a contractor for the project, the Notice of Public Works form shall be filed
by the public agency that owns the land, premise(s), structure(s) or building(s)
on which the solar radiation device will be constructed or installed at the time
the public agency enters into an agreement authorizing the construction or installation
of the solar radiation device.
(7) When a project is a public
works project pursuant to ORS 279C.800(6)(a)(E) and no public agency awards a contract
to a contractor for the project, the Notice of Public Works form shall be filed
by the Oregon University System or an institution in the Oregon University System
that owns the real property on which the work takes place, at the time the public
agency enters into an agreement authorizing the project.
(8) Public agencies are not
required to file a Notice of Public Works form when the contract awarded is not
regulated under the provisions of ORS 279C.800 to 279C.870.
[ED. NOTE: Forms and Publications referenced
are available from the agency.]
Stat. Auth.: ORS 651.060(4),
279C.808
Stats. Implemented: H.B.
2646, 77th Leg., Reg. Ses. (Or2013), ORS 279C
Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 3-1996, f. & cert. ef. 1-26-96;
BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0013, BLI 7-2005,
f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 18-2009(Temp),
f. 8-3-09, cert. ef. 8-5-09 thru 1-31-10; BLI 28-2009, f. 12-1-09, cert. ef. 1-1-10;
BLI 23-2010, f. 12-30-10, cert. ef. 1-1-11; BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14

Contract Requirements

839-025-0015
Public Works Bonds
(1) Pursuant to ORS 279C.836,
except as provided, before starting work on a contract or subcontract for a public
works project of $100,000 or more, a contractor or subcontractor must file with
the Construction Contractors Board a public works bond with a corporate surety authorized
to do business in this state in the amount of $30,000. For purposes of this section,
“project of $100,000 or more” includes, but is not limited to, the combined
value of work performed by every person paid by a contractor or subcontractor in
any manner for the person’s work on the project, but does not include the
value of donated materials or work performed on the project by individuals volunteering
to the public agency without pay.
(2) The Commissioner of the
Bureau of Labor and Industries adopts the language in the Statutory Public Works
Bond set forth in Appendix 5.
(3) The name of the entity as
it appears on the public works bond must be the same as the entity name filed at
the Oregon Corporation Division (if applicable).
(a) If the entity is a sole
proprietorship, the bond must include the name of the sole proprietor;
(b) If the entity is a partnership,
or joint venture, the bond must include the names of all partners or venturers (except
limited partners);
(c) If the entity is a limited
liability partnership, the bond must be issued in the name of all partners and in
the name of the limited liability partnership;
(d) If the entity is a limited
partnership, the bond must be issued in the name of all general partners and in
the name of the limited partnership and any other business name(s) used. Limited
partners do not need to be listed on the bond;
(e) If the entity is a corporation
or trust, the bond must be issued showing the corporate or trust name; or
(f) If the entity is a limited
liability company, the bond must be issued in the name of the limited liability
company.
(4) If at any time an entity
changes or amends its entity name, the Construction Contractors Board must be notified
within 30 days of the date of the change.
(5) If an entity is a sole proprietorship,
partnership, limited liability partnership, limited partnership, joint venture,
corporation, limited liability company, business trust or any other entity, and
changes the entity to one of the other entity types, the new entity must supply
a new bond.
(6) Riders to existing bonds
changing the type of entity bonded will be construed as a cancellation of the bond
and will not be otherwise accepted.
(7) The inclusion or exclusion
of business name(s) on a bond shall not limit the liability of an entity. Claims
against a bonded entity will be processed
regardless of business names used by such entity.
[ED. NOTE:
Appendices referenced are not included in rule text. Click here for PDF copy of appendices.]
Stat. Auth.: ORS 279C &
651.060

Stats. Implemented: ORS 279C.800
- 279C.870

Hist.: BLI 29-2005, f. 12-29-05,
cert. ef. 1-1-06; BLI 5-2008, f. & cert. ef. 3-10-08; BLI 28-2009, f. 12-1-09,
cert. ef. 1-1-10; BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11
839-025-0020
Public Works Contracts
and Contract Specifications; Required Conditions
(1) For purposes of this rule:
(a) "Construction Manager/General
Contractor contract" (or "CM/GC contract") means a contract that typically results
in a general contractor/construction manager initially undertaking various pre-construction
tasks that may include, but are not limited to: design phase development, constructability
reviews, value engineering, scheduling, and cost estimating, and in which a guaranteed
maximum price for completion of construction-type work is typically established
by amendment of the initial contract, after the pre-construction tasks are complete
or substantially complete. "CM/GC" refers to the general contractor/construction
manager under this form of contract. Following the design phase, the CM/GC may then
act as a General Contractor and begin the subcontracting process. The CM/GC typically
coordinates and manages the construction process, provides contractor expertise,
and acts as a member of the project team.
(b) "Construction specifications"
include the detailed description of physical characteristics of the improvement,
design details, technical descriptions of the method and manner of doing the work,
quantities or qualities of any materials required to be furnished, descriptions
of dimensions, required units of measurement, composition or manufacturer, and descriptions
of any quality, performance, or acceptance requirements.
(2) Every public works contract
must contain the following:
(a) A condition or clause
that, if the contractor fails, neglects, or refuses to make prompt payment of any
claim for labor or services furnished to the contractor or a subcontractor by any
person, or the assignee of the person, in connection with the public works contract
as such claim becomes due, the proper officer or officers of the public agency may
pay such claim and charge the amount of the payment against funds due or to become
due the contractor by reason of the contract (Reference: ORS 279C.515);
(b) A condition that no person
will be employed for more than 10 hours in any one day, or 40 hours in any one week
except in cases of necessity, emergency, or where the public policy absolutely requires
it, and in such cases the person so employed must be paid at least time and one-half
the regular rate of pay for all time worked:
(A) For all overtime in excess
of eight hours a day or 40 hours in any one week when the work week is five consecutive
days, Monday through Friday; or
(B) For all overtime in excess
of 10 hours a day or 40 hours in any one week when the work week if four consecutive
days, Monday through Friday; and
(C) For all work performed
on Saturday and on any legal holiday specified in ORS 279C.540 (Reference: ORS 279C.520(1));
(c) A condition that an employer
must give notice to employees who work on a public works contract in writing, either
at the time of hire or before commencement of work on the contract, or by posting
a notice in a location frequented by employees, of the number of hours per day and
days per week that the employees may be required to work (Reference: ORS 279C.520(2));
and
(d) A condition that the
contractor must promptly, as due, make payment to any person, co-partnership, association
or corporation, furnishing medical, surgical and hospital care or other needed care
and attention, incident to sickness or injury, to employees of such contractor,
of all sums which the contractor agrees to pay for such services and all moneys
and sums which the contractor collected or deducted from the wages of the contractor's
employees pursuant to any law, contract or agreement for the purpose of providing
or paying for such service (Reference: ORS 279C.530); and
(e) A condition or clause
that requires the contractor to:
(A) Have a public works bond
filed with the Construction Contractors Board before starting work on the project,
unless exempt under ORS 279C.836(4), (7), (8) or (9).
(B) Require, in every subcontract,
that the subcontractor have a public works bond filed with the Construction Contractors
Board before starting work on the project, unless exempt under ORS 279C.836(4),
(7), (8) or (9).
(3)(a) Every public works
contract and subcontract must provide that each worker the contractor, subcontractor
or other person who is a party to the contract uses in performing all or part of
the contract, must be paid not less than the applicable prevailing rate of wage
for each trade or occupation as defined by the Commissioner of the Bureau of Labor
and Industries in the applicable publication entitled Definitions of Covered Occupations
for Public Works Contracts in Oregon.
(b) If a public works project
is subject to both ORS 279C.800 to ORS 279C.870 and to the Davis-Bacon Act (40 U.S.C.
3141 et seq.), every public works contract and subcontract must provide that the
worker whom the contractor, subcontractor or other person who is a party to the
contract uses in performing all or part of the contract, must be paid not less than
the higher of the applicable state prevailing rate of wage for each trade or occupation
as defined by the Commissioner of the Bureau of Labor and Industries in the applicable
publication entitled Definitions of Covered Occupations for Public Works Contracts
in Oregon or federal prevailing rate of wage.
(4)(a) The specifications
for every public works contract must contain a provision that states the existing
state prevailing rate of wage and, if applicable, the federal prevailing rate of
wage required under the Davis-Bacon Act (40 U.S.C. 3141 et seq.).
(b) Except as provided in
subsection (d) of this section and sections (6) and (7) of this rule, the existing
state prevailing rate of wage and the applicable publication entitled Definitions
of Covered Occupations for Public Works Contracts in Oregon are those in effect
at the time the initial specifications were first advertised for bid solicitations.
(c) If a public agency is
required under subsection (a) of this section or section (6) of this rule to include
the state and federal prevailing rates of wage in the specifications for a contract
for public works, the public agency shall also include in the specifications the
requirement that the contractor pay the higher of the applicable state or federal
prevailing rate of wage to all workers on the public works project.
(d) Pursuant to ORS 279C.838(4)
and notwithstanding ORS 279C.830(1), if the contract is subject to both ORS 279C.800
to 279C.870 and the Davis Bacon Act (40 U.S.C. 3141 et seq.), the public agency
may provide in the specifications for the contract a single date to be used to establish
the “existing state prevailing rate of wage,” the applicable publication
entitled Definitions of Covered Occupations for Public Works Contracts in Oregon,
and the “applicable federal prevailing rate of wage” that is consistent
with the federal requirements under 29 CFR 1.6.
(e) The specifications for
a contract for public works must provide that the contractor and every subcontractor
must have a public works bond filed with the Construction Contractors Board before
starting work on the project, unless exempt under ORS 279C.836(4), (7), (8) or (9).
(5)(a) The provisions described
in sections (3) and (4), and sections (6) and (7) if applicable, must be included
in all specifications for each contract awarded on the project, regardless of the
price of any individual contract, so long as the combined price of all contracts
awarded on the project is $50,000 or more (Reference: ORS 279C.830).
(b) A statement incorporating
the applicable state prevailing wage rate publication and any amendments thereto
into the specifications by reference will satisfy these requirements. Except as
provided in subsection (c), such reference must include the title of the applicable
wage rates publication or determination and the date of the publication or determination
as well as the date of any applicable amendments.
(c) When the prevailing wage
rates are available electronically or are accessible on the Internet, the rates
may be incorporated into the specifications by referring to the electronically accessible
or Internet-accessible rates and by providing adequate information about how to
access the rates. Such reference must include the title of the applicable wage rates
publication or determination and the date of the publication or determination as
well as the date of any applicable amendments. The reference requirements of this
subsection will be satisfied if such reference includes Uniform Resource Locator
(URL) information for a webpage or webpages showing the title of each applicable
wage rates publication or determination and the date of each publication or determination
as well as the date of any applicable amendments.
(6)(a) When a public agency
is a party to a CM/GC contract, the CM/GC contract becomes a public works contract
either when the contract first constitutes a binding and enforceable obligation
on the part of the CM/GC to perform or arrange for the performance of construction,
reconstruction, major renovation or painting of an improvement that is a public
works or when the CM/GC contract enters the construction phase, whichever occurs
first.
(b) For example, the CM/GC
will have a binding and enforceable obligation to perform or arrange for the performance
of construction, reconstruction, major renovation or painting of an improvement
after the public agency and CM/GC commit to the guaranteed maximum price.
(c) For purposes of this
rule, the CM/GC contract enters the construction phase when the agency first authorizes
the performance of early construction, reconstruction, major renovation or painting
work directly related to the improvement project.
(d) The publication entitled
Definitions of Covered Occupations for Public Works Contracts in Oregon and the
prevailing wage rate in effect at the time the CM/GC contract becomes a public works
contract shall apply and the applicable prevailing wage rates must be included with
the construction specifications for the CM/GC contract.
(7) A public works project
described in ORS 279C.800(6)(a)(B), (C), (D), or (E) that is not a CM/GC contract
subject to section (6) of this rule is subject to the publication entitled Definitions
of Covered Occupations for Public Works Contracts in Oregon and the existing state
prevailing rate of wage or, if applicable, the federal prevailing rate of wage required
under the Davis-Bacon Act that are in effect at the time a public agency enters
into an agreement with a private entity for the project. (Note: The effective date
of the applicable federal prevailing rate of wage may be different under federal
law.) After that time, the specifications for any contract for the public works
shall include the applicable prevailing rate of wage.
(8) If a project is a public
works of the type described in ORS 279C.800(6)(a)(B), (C), (D), or (E) a public
agency will be deemed to have complied with the provisions of ORS 279C.830 if the
public agency requires compliance with the provisions of section (5) of this rule
in any agreement entered into by the public agency committing to provide funds for
the project, to occupy or use the completed project, or authorizing the construction
or installation of a solar radiation device.
(9) Public agencies may obtain,
without cost, a copy of the existing state prevailing rate of wages for use in preparing
the contract specifications by contacting the Prevailing Wage Rate Unit or any office
of the bureau.
Stat. Auth.: ORS 651.060(4), 279C.808
Stats. Implemented: H.B.
2646, 77th Leg., Reg. Ses. (Or2013), ORS 279C
Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 7-1989(Temp), f. 10-2-89, cert. ef. 10-3-89; BL 5-1990, f. 3-30-90,
cert. ef. 4-1-90; BL 3-1996, f. & cert. ef. 1-26-96; BL 3-1997(Temp), f. 7-31-97,
cert. ef. 8-1-97; BL 1-1998, f. & cert. ef. 1-5-98; BLI 5-2002, f. 2-14-02,
cert. ef. 2-15-02; Renumbered from 839-016-0020, BLI 7-2005, f. 2-25-05, cert. ef.
3-1-05; BLI 29-2005, f. 12-29-05, cert. ef. 1-1-06; BLI 19-2006(Temp), f. 5-12-06,
cert. ef. 5-15-06 thru 11-10-06; BLI 39-2006, f. 11-8-06, cert. ef. 11-10-06; BLI
2-2007, f. & cert. ef. 1-23-07; BLI 20-2007(Temp), f. 7-30-07, cert. ef. 8-1-07
thru 1-27-08; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 18-2009(Temp), f.
8-3-09, cert. ef. 8-5-09 thru 1-31-10; BLI 28-2009, f. 12-1-09, cert. ef. 1-1-10;
BLI 23-2010, f. 12-30-10, cert. ef. 1-1-11; BLI 3-2011(Temp), f. & cert. ef.
6-8-11 thru 12-4-11; BLI 6-2011(Temp), f. & cert. ef. 7-22-11 thru 12-4-11;
BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11; BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14
Records
839-025-0025
Required Records
(1) All contractors and subcontractors
performing work on public works contracts subject to ORS 279C.800 to 279C.870 shall
make and maintain for a period of three (3) years from the completion of work upon
such public works records necessary to determine whether the prevailing rate of
wage and overtime has been or is being paid to workers upon public works.
(2) In addition to the Payroll
and Certified Statement, Form WH-38, records necessary to determine whether
the prevailing wage rate and overtime wages have been or are being paid include
but are not limited to records of:
(a) The name and address of
each employee;
(b) The work classification
or classifications of each employee;
(c) The rate or rates of monetary
wages and fringe benefits paid to each employee;
(d) The rate or rates of fringe
benefit payments made in lieu of those required to be provided to each employee;
(e) Total daily and weekly compensation
paid to each employee;
(f) The daily and weekly hours
worked by each employee;
(g) Apprenticeship and Training
Agreements;
(h) Any deductions, rebates
or refunds taken from each employee's total compensation and actual wages paid;
(i) Any payroll and other such
records pertaining to the employment of employees upon a public work.
(3) When apprentices and/or
trainees are employed on a public works project, the records must clearly distinguish
them from other employees.
(4) When a contractor or subcontractor
employs a worker on public works projects and non public works projects during the
same work week and the worker is paid a rate of pay which is less than the prevailing
wage rate when working on a non public works project, the contractor or subcontractor
must separately record the hours worked on the public works projects and those hours
worked elsewhere.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348
- 279.380

Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 3-1996, f. & cert. ef. 1-26-96;
Renumbered from 839-016-0025, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007,
f. 12-28-07, cert. ef. 1-1-08; BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11
839-025-0030
Records Availability
(1) Every contractor and subcontractor performing work on a public works contract shall make available to representatives of the Wage and Hour Division records necessary to determine if the prevailing wage rate has been or is being paid to workers upon such public work. Such records shall be made available to representatives of the Wage and Hour Division for inspection and transcription during normal business hours.
(2) The contractor or subcontractor shall make the records referred to in section (1) of this rule available within 24 hours of a request from a representative of the Wage and Hour Division or at such later date as may be specified by the division.
(3) When a prevailing wage rate claim or complaint has been filed with the Wage and Hour Division or when the division has otherwise received evidence indicating that a violation has occurred and upon a written request by a representative of the Division a public works contractor or subcontractor shall send a certified copy of such contractor's or subcontractor's payroll records to the Division within ten days of receiving such request. The Division's written request for such certified copies will indicate that a prevailing wage rate claim has been filed or that the division has received evidence indicating that a violation has occurred.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 14-1982, f. 10-19-82, ef. 10-20-82; BL 3-1996, f. & cert. ef. 1-26-96; Renumbered from 839-016-0030, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 18-2009(Temp), f. 8-3-09, cert. ef. 8-5-09 thru 1-31-10; BLI 28-2009, f. 12-1-09, cert. ef. 1-1-10

Posting

839-025-0033
Posting Requirements
(1) Every contractor or subcontractor must post the prevailing wage rates applicable to the project in a conspicuous place at the site of work. The posting must be easily accessible to employees working on the project. Contractors may obtain a copy of the applicable wage rates by contacting the Prevailing Wage Rate Unit or any office of the bureau.
(2) When a contractor or subcontractor provides for or contributes to a health and welfare plan or pension plan for employees who are working on a public works project, the contractor or subcontractor must post a notice containing the following information:
(a) A description of the plan or plans;
(b) Information on how and where claims can be made; and
(c) Where to obtain more information.
(3) The notice required to be posted in section (2) of this rule must be posted in a conspicuous place at the site of work and be easily accessible to employees working on the project. The notice must be posted in the same location as the prevailing wage rate pursuant to section (1) of this rule.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 4-1984, f. & ef. 3-13-84; BL 3-1996, f. & cert. ef. 1-26-96; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0033, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05
839-025-0034
Establishing a Work Schedule
(1) Employers must give written notice to employees who work on a public contract of the days per week and number of hours per day they may be required to work.
(2) The notice required by section (1) of this rule may be given:
(a) At the time the employee is hired;
(b) Prior to commencing work on the contract; or
(c) By posting a notice at a place frequented by and accessible to employees.
(3) If an employer fails to give the notice required by section (1) of this rule, the work schedule will be presumed to be a five-day work schedule.
(4) The work schedule may be changed by the employer if the change is intended to be permanent and is not designed to evade the overtime requirements of ORS 279C.540 and OAR 839-025-0050. Notice of any work schedule changes intended to be made by an employer must be provided in writing to affected employees in advance of the change.
Stat. Auth.: ORS 279 & 651.060

Stats. Implemented: ORS 279.334

Hist.: BL 3-1997(Temp), f. 7-31-97, cert. ef. 8-1-97; BL 1-1998, f. & cert. ef. 1-5-98; Renumbered from 839-016-0034, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05

Prevailing Rate of Wage

839-025-0035
Payment of Prevailing Rate of Wage
(1) Every contractor or subcontractor
employing workers on a public works project must pay to such workers no less than
the applicable prevailing rate of wage for each trade or occupation, as determined
by the commissioner, in which the workers are employed. Additionally, all wages
due and owing to the workers shall be paid on the regular payday established and
maintained under ORS 652.120.
(2) When a public works project
is subject to the Davis-Bacon Act (40 U.S.C. 3141 et seq.), if the state prevailing
rate of wage is higher than the federal prevailing rate of wage, the contractor
and every subcontractor on the project shall pay no less than the state prevailing
rate of wage as determined under ORS 279C.815.
(3) Every person paid by
a contractor or subcontractor in any manner for the person's labor in the construction,
reconstruction, major renovation or painting of a public work is employed and must
receive no less than the applicable prevailing rate of wage, regardless of any contractual
relationship alleged to exist. Thus, for example, if partners are themselves performing
the duties of a worker, the partners must receive no less than the prevailing rate
of wage for the hours they are so engaged.
(4) Persons employed on a
public works project and who are spending more than 20% of their time during any
workweek in performing duties which are manual or physical in nature as opposed
to mental or managerial in nature are workers and must be paid the applicable prevailing
rate of wage. Mental or managerial duties include, but are not limited to, administrative,
executive, professional, supervisory or clerical duties.
(5) Persons employed on a
public works project for the manufacture or furnishing of materials, articles, supplies
or equipment (whether or not a public agency acquires title to such materials, articles,
supplies or equipment during the course of the manufacture or furnishing, or owns
the materials from which they are manufactured or furnished) are not workers required
to be paid the applicable prevailing rate of wage unless the employment of such
persons is performed in connection with and at the site of the public works project.
(6) Except as provided in
ORS 279C.838, persons employed on a public works project who are employed by a commercial
supplier of goods or materials must be paid no less than the applicable prevailing
rate of wage when the work is performed at the "site of work" as that term is defined
in OAR 839-025-0004(25) or when the work is performed in fabrication plants, batch
plants, borrow pits, job headquarters, tool yards or other such places that are
dedicated exclusively or nearly so to the public works project.
(7) Except as provided in
ORS 279C.838, persons employed on a public works project by the construction contractor
or construction subcontractor to transport materials or supplies to or from the
public works project are required to be paid the applicable prevailing wage rate
for work performed in connection with the transportation of materials or supplies
at the "site of work" as that term is defined in OAR 839-025-0004(25).
(8) Persons employed on a
public works project for personal services, as that term is defined in ORS 279C.100(5),
as opposed to construction work, are not workers required to be paid the prevailing
rate of wage.
(9) Every apprentice, as
defined in OAR 839-025-0004(1), must be paid not less than the appropriate percentage
of the applicable journeyman's wage rate and fringe benefits as determined pursuant
to ORS 279C.800 to 279C.870. Any worker on a public works project who is not an
apprentice as defined in OAR 839-025-0004(1), or who is not employed by a registered
training agent pursuant to ORS 660.010(10), or who is not working pursuant to the
standards of the apprentice’s apprenticeship program, must be paid not less
than the applicable prevailing rate of wage for the classification of work actually
performed. In addition, if the total number of apprentices employed exceeds the
ratio permitted in the applicable standards, all apprentices so employed must be
paid not less than the applicable journeyman's prevailing wage rate for work actually
performed.
(10) Every trainee, as defined
in OAR 839-025-0004(28), must be paid not less than the appropriate percentage of
the applicable journeyman's wage rate and fringe benefits determined pursuant to
ORS 279C.800 to 279C.870. Any worker on a public works project who is not a trainee
as defined in OAR 839-025-0004(28), or who is not employed by a registered training
agent pursuant to ORS 660.010(10), or who is not working pursuant to the standards
of the trainee’s program, must be paid not less than the applicable prevailing
rate of wage for the classification of work actually performed. In addition, if
the total number of trainees employed exceeds the ratio permitted in the applicable
standards, all trainees so employed must be paid not less than the applicable journeyman's
prevailing wage rate for work actually performed.
Stat. Auth.: Stat. Auth.: ORS 651.060(4),
279C.808
Stats. Implemented: ORS 279C
Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 7-1989(Temp), f. 10-2-89, cert.
ef. 10-3-89; BL 5-1990, f. 3-30-90, cert. ef. 4-1-90; BL 8-1996, f. 8-26-96, cert.
ef. 9-1-96; BL 1-1997(Temp), f. & cert. ef. 4-29-97; BL 4-1997, f. & cert.
ef. 8-29-97; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0035,
BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 29-2005, f. 12-29-05, cert. ef. 1-1-06;
BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 18-2009(Temp), f. 8-3-09, cert.
ef. 8-5-09 thru 1-31-10; BLI 28-2009, f. 12-1-09, cert. ef. 1-1-10; BLI 23-2010,
f. 12-30-10, cert. ef. 1-1-11; BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14
839-025-0037
Residential Construction Projects
(1)(a) For residential construction
projects as defined in OAR 839-025-0004(24) and subject to ORS 279C.800 to 279C.870,
public agencies shall use federal Davis-Bacon wage rates for residential construction
projects unless there is no applicable federal rate for a particular trade or classification
on the residential project.
(b) If the applicable federal
Davis-Bacon wage rate determination does not include a rate for a particular trade
or classification needed on a specific residential construction project, and the
project is subject to ORS 279C.800 to 279C.870 but not the federal Davis-Bacon Act,
the public agency is required to request a special wage rate, identifying the specific
trade or classification, pursuant to OAR 839-025-0007.
(c) The commissioner may consider
and approve a residential wage determination for a trade or classification issued
by any federal agency within twelve months of the date of any request for a special
wage rate pursuant to subsection (b) of this section.
(d) Requests for special wage
rate determinations for projects subject to both ORS 279C.800 to 279C.870 and the
federal Davis-Bacon Act shall be submitted pursuant to Title 29 CFR, Part 5.5(a)(1)(ii)
as amended December 9, 2008.
(e) Copies
of any special federal wage rate determinations requested and subsequent determination(s)
issued pursuant to subsection (d) of this section must be provided to the commissioner
by the public agency.
(2) Notwithstanding section (1) of this
rule, the commissioner, consistent with statutory authority, may survey and issue
residential rates.
(3) Requests for special wage
rates for residential construction projects pursuant to section (1)(b) of this rule
must be submitted to the Bureau of Labor and Industries by the public agency no
fewer than fifteen (15) business days prior to the date the specifications for the
project are first advertised.
(4) If a public agency fails
to request special wage rates for a residential construction project pursuant to
section (1)(b) of this rule at least fifteen (15) business days before the date
the specifications for the project are first advertised for the project, the Prevailing
Wage Rates for Public Contracts published by the Commissioner of the Bureau of Labor
and Industries in effect when the specifications are first advertised shall apply
to those trades or classifications for which there is no applicable federal residential
rate.
(5) The federal Davis-Bacon
wage rates apply to residential construction projects subject to ORS 279C.800 to
279C.870 regardless of whether federal law requires Davis-Bacon rates on the project.
(6) Notwithstanding any other
provision of this rule, unless otherwise exempt, under no circumstances may a rate
less than the minimum wage rate required by ORS 653.025 be paid to any worker on
a residential construction project subject to ORS 279C.800 to 279C.870.
Stat. Auth.: ORS 279C &
651.060

Stats. Implemented: ORS 279C.800–279C.870

Hist.: BLI 19-2006(Temp), f.
5-12-06, cert. ef. 5-15-06 thru 11-10-06; BLI 39-2006, f. 11-8-06, cert. ef. 11-10-06;
BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11

Fringe Benefits

839-025-0040
Payment of Fringe Benefits
(1) Each contractor and subcontractor required to pay workers the prevailing rate of wage must pay no less than the hourly rate of pay and fringe benefits as determined by the Commissioner.
(2) The rate of pay for fringe benefits paid to apprentices and trainees shall be not less than such rate paid to the majority of such apprentices and trainees in the same trade or occupation as determined by the commissioner. If there is no majority in the same trade or occupation, as determined by the commissioner, apprentices and trainees shall be paid the full amount of the fringe benefits.
(3) The requirements of section (1) of this rule are met when the amount of the fringe benefit or benefits is paid to the worker, in cash, in lieu of a third party administering a fringe benefit or benefits program.
(4) When a contractor or subcontractor pays an hourly rate of pay which exceeds that which is determined by the Commissioner, the amount by which the rate is exceeded may be credited toward payment of the amount of fringe benefits determined by the Commissioner for the trade or occupation.
(5) When a contractor or subcontractor pays a rate for any one fringe benefit which exceeds that which is determined for the fringe benefit, the amount by which the rate is exceeded may be credited toward payment of the amount to be paid for all fringe benefits as determined by the Commissioner for the trade or occupation.
(6) When a contractor or subcontractor pays an amount for fringe benefits which exceeds that which is determined by the Commissioner the amount by which it exceeds the determination may be credited toward payment of the hourly rate of pay as determined by the Commissioner.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.350

Hist.: BL 14-1982, f. 10-19-82, ef. 10-20-82; BL 1-1997(Temp), f. & cert. ef. 4-29-97; BL 4-1997, f. & cert. ef. 8-29-97; Renumbered from 839-016-0040, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05
839-025-0043
Frequency of Payment of Fringe Benefits
(1) Contributions made by a contractor
or subcontractor to a bona fide fringe benefit plan, fund, or program must be made
on a regular basis and not less often than quarterly.
(a) “Regular basis”
means either the schedule of contribution as provided in writing in the plan, fund
or program, or if none, the regular contribution schedule established by the contractor
or subcontractor pursuant to subsection (b) of this section. For example, if the
plan specifies that contributions to a bona fide fringe benefit fund be made by
the fifteenth calendar day of each month following the month the wages were earned,
then contributions to the fund must be made by that date.
(b) If the plan, fund or
program does not specify a contribution date, or if the specified contribution date
as written in the plan, fund or program does not meet the meaning of “not
less often than quarterly,” as defined below, the contractor or subcontractor
must establish and maintain a contribution date by which payment to the plan, fund
or program will be made on a regular basis and not less often than quarterly.
(c) “Not less often
than quarterly” means that the fringe benefit portion of wages must be contributed
to a bona fide fund, plan or program at least once every three months within an
established consecutive twelve month period. The contribution must represent payment
to the fund, plan or program for amounts earned in the three month period immediately
prior to the contribution date.
(A) An established twelve
month period may be a calendar year, fiscal year, plan year, or other consecutive
twelve month period as determined by the employer. The beginning of the twelve
month period may be changed only if the change is intended to be permanent, and
is not designed to evade the timely payment of contributions into a bona fide fund,
plan or program. If an employer does not determine a consecutive twelve month period,
the default period shall be a calendar year; that is, from 12:00 midnight on January
1 to 11:59 p.m. December 31, each year.
(B) As an example, using
the calendar year as the established consecutive twelve month period, a contractor
or subcontractor establishes a contribution date of April 15 for the payment of
fringe benefits earned between January 1 and March 31 into the plan, fund or program;
consequently, amounts earned between April 1 and June 30 must be contributed into
the plan, fund or program on or before July 15; amounts earned between July 1 and
September 30 must be contributed into the plan, fund or program on or before October
15; and amounts earned between October 1 and December 31 must be contributed into
the plan, fund or program on or before January 15.
(2) Payments of fringe benefits
made directly to the worker in lieu of payment of fringe benefits to a plan, fund,
or program must be paid to the worker as wages on the regularly scheduled pay date.
Stat. Auth.: Stat. Auth.: ORS 651.060(4),
279C.808
Stats. Implemented: ORS 279C
Hist.: BL 1-1998, f. &
cert. ef. 1-5-98; Renumbered from 839-016-0043, BLI 7-2005, f. 2-25-05, cert. ef.
3-1-05; BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14
839-025-0045
Youth Apprentices
Youth apprentices, as defined in ORS 344.745, shall not be employed on public works construction projects (Reference: 344.750(5)).
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 3-1996, f. & cert. ef. 1-26-96; Renumbered from 839-016-0045, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05

Overtime Wages

839-025-0050
Overtime Wages Computations
(1) As used in this rule "work
day" or "day" means any time period of 24 consecutive hours as determined by the
employer. The beginning of the work day may be changed only if the change is intended
to be permanent, if the change is made in writing and if the change is not designed
to evade the overtime requirements of ORS 279C.540. If an employer does not determine
a 24 consecutive hour period, the default 24 consecutive hour period shall be from
12:00 midnight to 11:59 p.m. For purposes of overtime wages computation, each work
day stands alone.
(2) Contractors and subcontractors
required by ORS 279C.540 to pay overtime wages shall pay such wages as follows:
(a) Workers must be paid at
least time and one-half the hourly rate of pay, excluding fringe benefits, for all
hours worked:
(A) On Saturdays;
(B) On the following legal holidays:
(i) Each Sunday;
(ii) New Year's Day on January
1;
(iii) Memorial Day on the last
Monday in May;
(iv) Independence Day on July
4;
(v) Labor Day on the first Monday
in September;
(vi) Thanksgiving Day on the
fourth Thursday in November;
(vii) Christmas Day on December
25;
(C) Over 40 hours in a week;
and either
(D) Over eight (8) hours in
a day; or
(E) Over 10 hours in a day provided:
(i) The employer has established
a work schedule of four consecutive days (Monday through Thursday or Tuesday through
Friday) pursuant to OAR 839-025-0034; and
(ii) The employer operates in
accordance with this established work schedule.
(b) Where a worker performs
work in one or more classifications which provide for one or more hourly rates of
pay the worker must be paid, in addition to the straight time hourly earnings for
all hours worked, a sum determined by multiplying one half the weighted average
of the hourly rates by the number of overtime hours worked pursuant to subsection
(a) of this rule.
(c) When determining the hourly
wage rate for overtime purposes, the amount paid for fringe benefits shall be excluded
from the computations. Though the amount paid for fringe benefits must be paid for
all hours worked, such amount is not included when determining the overtime rate.
For example, a worker who works a five-day work schedule and earns $15 per hour
plus $3 per hour in fringe benefits and works ten hours in a day is entitled to
$195 (($15/hr x 8 hours) + ($22.50/hr x 2 hours) + ($3/hr x 10 hours) = $195) for
that day.
(3) Examples of computing overtime
wages: See Appendix 3.
[ED. NOTE:
Appendices referenced are not included in rule text. Click here for PDF copy of appendices.]
Stat. Auth.: ORS 279 & 651.060

Stats. Implemented: ORS 279.334

Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 3-1997(Temp), f. 7-31-97, cert.
ef. 8-1-97; BL 1-1998, f. & cert. ef. 1-5-98; Renumbered from 839-016-0050,
BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11
839-025-0054
Exemption from Overtime Pay Requirements on Public Improvement Projects
(1) As used in ORS 279C.540(4) and in this rule, unless the context requires otherwise:
(a) "A collective bargaining agreement in effect" means a collective bargaining agreement which is recognized as being binding on all parties by the National Labor Relations Board; which is enforceable within the geographic area in which the public improvement is located; and, the terms of which extend to workers who are working on the public improvement project;
(b) "Labor organization" means any organization certified as such by the National Labor Relations Board.
(2) ORS 279C.540(4) provides an exemption from the overtime pay requirements of ORS 279C.540(1), (2) and (3) under the following circumstances:
(a) The contract on which work is performed is a public improvement contract; and
(b) The contractor is a party to a collective bargaining agreement in effect with any labor organization.
(3) The exemption would not apply, for example, under the following circumstances:
(a) To workers employed on a public improvement who are not covered by the terms of a collective bargaining agreement;
(b) When the labor organization has no jurisdiction in the geographical area where work is being performed;
(c) Any other circumstance when the terms of the collective bargaining agreement is not enforceable for workers on public improvement projects.
Stat. Auth.: ORS 651.060

Stats. Implemented: ORS 279.342

Hist.: BL 7-1992, f. & cert. ef. 6-11-92; Renumbered from 839-016-0054, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05

Apprentices and Trainees

839-025-0060
Apprentices
(1) Apprentices will be permitted
to work upon a public works project at less than the prevailing rate of wage for
the work performed when they are employed by a registered training agent pursuant
to ORS 660.010(10), and are working pursuant to the standards of the apprentice’s
apprenticeship program, and are individually registered in a bona fide apprenticeship
program registered with:
(a) The U.S. Department of Labor,
Office of Apprenticeship (OA); or
(b) A state apprenticeship agency
recognized by the OA; or
(c) If a person is employed
in probationary employment as an apprentice in such an apprenticeship program, who
is not individually registered in the program, but who has been certified by the
OA or a state apprenticeship agency to be eligible for probationary employment as
an apprentice.
(2) The allowable ratio of apprentices
to journeymen in any craft classification must conform to the apprenticeship standards
filed with the Oregon Apprenticeship and Training Council for the particular craft
or program in which the contractor's or subcontractor's apprentices are registered.
(3) The contractor or subcontractor
will be required to furnish to the contracting officer or a representative of the
Wage and Hour Division written evidence of the registration of the program and apprentices
as well as the appropriate ratios and wage rates (expressed in percentages of the
journeymen hourly rates) prescribed in that program. The commissioner has prepared
a form, WH-120, which can be used by contractors or subcontractors in complying
with this rule. Use of this form is optional.
(4) Notwithstanding section
(1) of this rule, apprentices must be paid the full prevailing rate of wage when
the program in which they are registered is located in a state contiguous to Oregon
which does not recognize apprentices registered in a program approved by the Oregon
State Apprenticeship and Training Council.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 651.060(4)

Stats. Implemented: ORS 279.348

Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 7-1994, f. & cert. ef. 11-16-94;
BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0060, BLI 7-2005,
f. 2-25-05, cert. ef. 3-1-05; BLI 23-2010, f. 12-30-10, cert. ef. 1-1-11; BLI 9-2011,
f. 10-27-11, cert. ef. 11-1-11
839-025-0065
Trainees
(1) Trainees will not be permitted
to work upon a public works project at less than the prevailing rate of wage for
the work performed unless they are employed by a registered training agent pursuant
to ORS 660.010(10) and are individually registered in a program which has received
prior approval of the U.S. Department of Labor, Bureau of Apprenticeship and Training.
(2) The ratio of trainees to journeymen must not be greater
than permitted under the plan approved by the Bureau of Apprenticeship and Training.
(3) The contractor or subcontractor will
be required to furnish the contracting officer or a representative of the Wage and
Hour Division written evidence of the certification of the program, the registration
of the trainees, and the ratios and wage rates prescribed in that program. The contractor
or subcontractor may use form WH-120 for this purpose. Use of this form is
optional.
(4) In the event the Apprenticeship
and Training Division withdraws approval of a training program, the contractor will
no longer be permitted to utilize trainees at less than the applicable prevailing
rate of wage for the work performed until an acceptable program is approved.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348

Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BLI 5-2002, f. 2-14-02, cert. ef.
2-15-02; Renumbered from 839-016-0065, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05;
BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11

Enforcement

839-025-0080
Liability to Workers
(1) Any contractor or subcontractor
or any surety thereof who fails or refuses to pay at least the prevailing wages
and fringe benefits as determined by the commissioner or any overtime wages as required
by ORS 279C.540 is liable to the workers affected for all the unpaid prevailing
wages, including fringe benefits, and unpaid overtime wages.
(2) The contractor or subcontractor
or surety thereof, referred to in section (1) of this rule, is also liable to all
unpaid workers for an amount equal to the unpaid prevailing wages, including fringe
benefits, as liquidated damages.
(3) The contractor or subcontractor
or surety thereof, referred to in section (1) of this rule, is also liable to all
unpaid workers for an amount equal to the unpaid overtime wages as liquidated damages,
except that if the unpaid overtime results from willful falsification of payroll
records, these liquidated damages shall be twice the amount of unpaid overtime.
(4) Any public agency that fails
to include a provision in the advertisement for bids, the request for bids, the
contract specifications, the accepted bid or elsewhere in the contract documents
that the contractor and any subcontractor shall comply with ORS 279C.840 shall be
jointly and severally liable, with any contractor or subcontractor that had notice
of the requirement to comply with ORS 279C.840, to the workers affected for any
unpaid minimum wages.
(5) As used in section (4) of
this rule, "minimum wages" means the prevailing wage, including fringe benefits,
as determined by the commissioner. "Minimum wages" does not mean overtime wages
required by ORS 279C.540 nor liquidated damages referred to in sections (2) and
(3) of this rule.
(6) When a public works project
is subject to the Davis-Bacon Act (40 U.S.C. 3141 et seq.) and a public agency fails
to include the state and federal prevailing rates of wage in the specifications
for the contract for public works as required under ORS 279C.830(1)(a), or fails
to provide in the contract that workers on the public works project must be paid
not less than the higher of the applicable state or federal prevailing rate of wage
as required under ORS 279C.830(1)(d), the public agency is liable to each affected
worker for:
(a) The worker's unpaid minimum
wages, including fringe benefits, in an amount that equals, for each hour worked,
the difference between the applicable higher rate of wage and the lower rate of
wage; and
(b) An additional amount, equal
to the amount of unpaid minimum wages due under subsection (a) of this section,
as liquidated damages.
Stat. Auth.: ORS 279 & 651.060

Stats. Implemented: ORS 279.334
& 279.356

Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 3-1997(Temp), f. 7-31-97, cert.
ef. 8-1-97; BL 1-1998, f. & cert. ef. 1-5-98; Renumbered from 839-016-0080,
BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08;
BLI 3-2011(Temp), f. & cert. ef. 6-8-11 thru 12-4-11; BLI 9-2011, f. 10-27-11,
cert. ef. 11-1-11
839-025-0085
Contract Ineligibility
(1) Under the following circumstances,
the commissioner, in accordance with the Administrative Procedures Act, may determine
that a contractor or a subcontractor or a firm, limited liability company, corporation,
partnership or association in which the contractor or subcontractor has a financial
interest may not receive a contract or subcontract for a public works for a period
of three years:
(a) The contractor or subcontractor
has intentionally failed or refused to pay the prevailing rate of wage to workers
employed on a public works project as required under ORS 279C.840;
(b) The subcontractor has
failed to pay the prevailing rate of wage to workers employed on a public works
project as required under ORS 279C.840 and the contractor has paid the amounts owed
on the subcontractor's behalf;
(c) The contractor or subcontractor
has intentionally failed or refused to post the prevailing wage rates as required
under ORS 279C.840(4) and these rules; or
(d) The contractor or subcontractor
has intentionally falsified information in the certified statements the contractor
or subcontractor submitted under ORS 279C.845.
(2) If a contractor or subcontractor
is a corporation or a limited liability company, the provisions of this rule will
apply to any corporate officer or agent of the corporation or any member or manager
of the limited liability company who is responsible for failing or refusing to pay
or post the prevailing wage rates, failing to pay to a subcontractor’s employees
amounts required under ORS 279C.840 that the contractor pays on the subcontractor’s
behalf or intentionally falsifying information in the certified statements the
contractor or subcontractor submits under ORS 279C.845.
(3) As used in section (2)
of this rule, any corporate officer or agent of the corporation or any member or
manager of the limited liability company responsible for failing or refusing to
pay or post the prevailing wage rates, failing to pay to a subcontractor's employees
amounts required under ORS 279C.840 that the contractor pays on the subcontractor's
behalf or intentionally falsifying information in the certified statements the contractor
or subcontractor submits under ORS 279C.845, includes, but is not limited to, the
following individuals when the individuals knew or should have known the amount
of the applicable prevailing wages or that such wages must be posted:
(a) The corporate president;
(b) The corporate vice president;
(c) The corporate secretary;
(d) The corporate treasurer;
(e) Any member or manager
of the limited liability company;
(f) Any other person acting
as an agent of a corporate officer, the corporation, limited liability member or
manager, or limited liability company.
(4) The Wage and Hour Division
will maintain a written list of the names of contractors, subcontractors and other
persons who are ineligible to receive public works contracts and subcontracts. The
list will contain the name of contractors, subcontractors and other persons and
the name of any firms, corporations, limited liability companies, partnerships or
associations in which the contractor, subcontractor or other persons have a financial
interest. Except as provided in OAR 839-025-0095, such names will remain on the
list for the duration of the period, as determined by the commissioner, in which
no contract or subcontract for public works may be received.
(5) Before placing a name
on the ineligible list referred to in section (4) of this rule, the commissioner
will serve a notice of intended action upon the contractor or subcontractor in the
same manner as service of summons or by certified mail, return receipt requested.
The notice will include:
(a) A reference to ORS 279C.840;
(b) A short and concise statement
of the matters which constitute intentional failure or refusal to pay or post the
prevailing rate of wage or intentional falsification of information in the certified
statements;
(c) A statement of the party's
right to request a contested case hearing and to be represented by counsel at such
hearing, provided that any such request must be received by the commissioner in
writing within 20 days of service of the notice;
(d) A statement that the
party's name will be published on a list of persons ineligible to receive public
works contracts or subcontracts, unless the party requests a contested case hearing
as provided in section (5)(c) of this rule;
(e) A statement that failure
to make written request to the commissioner for a contested case hearing within
the time specified will constitute a waiver of the right thereto; and
(f) A statement that if a
hearing is requested, the contractor or subcontractor will be given information
on procedures and rights as required by ORS 183.413(2).
(6) Upon the failure of the
contractor or subcontractor to request a contested case hearing within the time
specified, the commissioner or the commissioner's designee will enter an order supporting
the bureau's action.
(7) If a contractor or subcontractor
makes a timely request for a contested case hearing, a hearing will be held in accordance
with the Attorney General's Model Rules of Procedure under the Administrative Procedure
Act by the commissioner or the commissioner's designee.
Stat. Auth.: ORS 651.060(4), 279C.808
Stats. Implemented: H.B.
2646, 77th Leg., Reg. Ses. (Or2013), ORS 279C
Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 3-1996, f. & cert. ef. 1-26-96;
BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0085, BLI 7-2005,
f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 18-2009(Temp),
f. 8-3-09, cert. ef. 8-5-09 thru 1-31-10; BLI 28-2009, f. 12-1-09, cert. ef. 1-1-10;
BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14
839-025-0090
List of Ineligibles
(1) The name of the contractor, subcontractor
or other persons and the names of any firm, corporation, limited liability company,
partnership or association in which the contractor or subcontractor has a financial
interest whom the commissioner determines are ineligible to receive public works
contracts shall be published on a list of persons ineligible to receive such contracts
or subcontracts.
(2) The list of persons ineligible
to receive contracts or subcontracts on public works shall be known as the List
of Ineligibles. In addition to names referred to in section (1) of this rule, the
list shall contain the date the name was placed on the list and the period of time
for which the person is ineligible.
(3) The List of Ineligibles
shall be published and amended as needed at any time. Such list shall be made available
to the public as published or amended.
Stat. Auth.: ORS 651.060(4), 279C.808
Stats. Implemented: H.B.
2646, 77th Leg., Reg. Ses. (Or2013), ORS 279C
Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; Renumbered from 839-016-0090, BLI
7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07. cert. ef. 1-1-08;
BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11; BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14
839-025-0095
Removal of Names from List
(1) The names of the contractor, subcontractor
or other persons and the names of any firm, corporation, limited liability company,
partnership or association in which the contractor, subcontractor or other persons
have a financial interest shall remain on the list for the period of time for which
the contractor, subcontractor or other person is ineligible.
(2) The names referred to
in section (1) of this rule shall be removed from the list after the period of time
for which the contractor, subcontractor or other person is ineligible has expired.
(3) The commissioner may,
for good cause shown, remove a name from the list before the expiration of the period
of ineligibility. If the commissioner determines good cause has been shown, the
commissioner shall issue an order directing the removal of such name or names.
(4) Contractors, subcontractors
or other persons, or any firm, corporation, limited liability company, partnership
or association in which the contractor, subcontractor or other persons have a financial
interest who desire to be removed from the list before the expiration of the period
of ineligibility must show good cause for such removal. Such persons may petition
the commissioner at any time during the period of ineligibility.
(5) In reviewing such petitions,
the commissioner shall consider the following matters:
(a) The past history of the
petitioner in taking all necessary measures to prevent or correct violations of
statutes or rules;
(b) Prior violations, if
any, of statutes or rules;
(c) Magnitude and seriousness
of the violation;
(d) Other matters which indicate
to the commissioner that the petitioner is not likely to violate ORS 279C.800 to
279C.870 and these rules in the future.
(6) The commissioner shall
grant or deny the petition.
Stat. Auth.: ORS 651.060(4), 279C.808
Stats. Implemented: H.B.
2646, 77th Leg., Reg. Ses. (Or2013), ORS 279C
Hist.: BL 14-1982, f. 10-19-82,
ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; Renumbered from 839-016-0095, BLI
7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08;
BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14

Exemptions

839-025-0100
Exemptions
(1) All public works are regulated under ORS 279C.800 to 279C.870 except as follows:
(a) Projects for which the total price does not exceed $50,000. As used in this section, the price of a project includes, but is not limited to, the value of work performed by every person paid by a contractor or subcontractor in any manner for the person's work on the project, but does not include the value of donated materials or work performed on the project by individuals volunteering to the public agency without pay. If the price of a project exceeds $50,000 at any time during the project, the project is not exempt from ORS 279C.800 to 279C.870.
(b) Contracts of a People's Utility District, which are regulated under ORS 261.345.
(c) Projects for which no funds of a public agency are directly or indirectly used.
(d) Projects:
(A) That are privately owned;
(B) That use funds of a private entity;
(C) In which less than 25 percent of the square footage of a completed project will be occupied or used by a public agency; and
(D) For which less than $750,000 of funds of a public agency are used.
(E) For purposes of this rule, if none of the square footage of a completed project will be occupied or used by a public agency and no funds of a public agency are used, the provisions of paragraphs (C) and (D) of this subsection will be deemed to have been met.
(e) Projects for residential construction that are privately owned and that predominantly provide affordable housing. As used in this paragraph:
(A) "Affordable housing" means housing that serves occupants whose incomes are no greater than 60 percent of the area median income or, if the occupants are owners, whose incomes are no greater than 80 percent of the area median income.
(B) "Predominantly" means 60 percent or more.
(C) "Privately owned" includes:
(i) Affordable housing provided on real property owned by a public agency if the real property and related structures are leased to a private entity for 50 or more years; and
(ii) Affordable housing owned by a partnership, nonprofit corporation or limited liability company in which a housing authority, as defined in ORS 456.005, is a general partner, director or managing member and the housing authority is not a majority owner in the partnership, nonprofit corporation or limited liability company.
(2) The provisions of ORS 279C.840 and these rules that regulate payment of the prevailing rate of wage do not apply to:
(a) Inmates of the Oregon Department of Corrections assigned to:
(A) A work release program or otherwise working in gainful private employment pursuant to ORS 144.480, relating to prison inmate labor; or
(B) State Parks and Recreation Department projects to improve, maintain and repair buildings and property at state parks and recreation areas pursuant to ORS 390.195(1).
(b) Oregon Youth Conservation Corps members.
(3) A public agency is not subject to ORS 279C.800 to 279C.870 if the public agency only provides funds for a public works project that are not "funds of a public agency" as that phrase is defined in OAR 839-025-0004(9), or, if the public agency will use or occupy less than 25% of the square footage of the completed public works project and less than 25% of combined square footage of the completed project will be used or occupied by public agencies.
(4) Notwithstanding the provisions of sections (1), (2), and (3) of this rule, public works as defined in ORS 279C.800(4)(D) are not exempt from ORS 279C.800 to 279C.870.
[Publications referenced are available from the agency.]
Stat. Auth.: ORS 279 & 651.060

Stats. Implemented: ORS 279.357, 390.195(1) & OL Ch. 628 (2001)

Hist.: BL 4-1984, f. & ef. 3-13-84; BL 3-1996, f. & cert. ef. 1-26-96; BL 1-1998, f. & cert. ef. 1-5-98; BLI 15-2001, f. & cert. ef. 11-14-01; Renumbered from 839-016-0100, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 29-2005, f. 12-29-05, cert. ef. 1-1-06; BLI 18-2006, f. 5-12-06, cert. ef. 5-15-06; BLI 20-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 1-27-08; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 23-2010, f. 12-30-10, cert. ef. 1-1-11
 

Installation of Art on Public Works Projects and the Payment of the Prevailing Rate of Wage

839-025-0150
Definitions
(1) For purposes of this rule and OAR 839-025-0155, notwithstanding the definitions in 839-025-0004:
(a) "Construction," "reconstruction," and "major renovation" do not include the installation of applied art.
(b) "Worker" does not include an individual whose primary duty consists of the performance of work that is original and creative in character in a recognized field of artistic endeavor (as contrasted to work which can be produced by an individual endowed with general manual or intellectual ability and training), and the result of which depends primarily on the invention, imagination or talent of the individual.
(2) The installation of applied art includes, but is not limited to, the installation of pictures (including paintings, etchings, drawings and photographs), all hangings, pieces of sculpture, statues and other artistic pieces which are independent unto themselves and are not necessary to the structural integrity of the public work.
(3) Installation work necessary to the structural integrity of a public work includes, but is not limited to, the installation of windows, ceiling tiles, brick and concrete masonry, sheet metal or other fascia materials, siding of any kind, lights, support beams and any item necessary to the construction of the actual public work itself, or to the health and safety of persons who use or will use the public work. The painting of a public work, or any of its parts is considered necessary to the structural integrity of the public work.
(4) Work considered to be "de minimus" means work not regulated under ORS 279C.800 to 279C.870 or these rules.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.363

Hist.: BL 8-1984, f. & ef. 6-21-84 ; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0150, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08
839-025-0155
Payment of Prevailing Rate of Wage for the Installation of Art on Public Works Projects
(1) Workers engaged in the installation
of art necessary to the structural integrity of the public work, as defined in these
rules, must be paid no less than the applicable prevailing rate of wage as determined
by the Commissioner.
(2) Workers engaged in the installation
of applied art, as defined in these rules, are not required to be paid the prevailing
rate of wage when such work is the only work in which the worker is engaged while
employed on the public work project. Such work is considered de minimus as defined
in these rules.
(3) Any artist whose primary
duties consist of those described in OAR 839-025-0150(1)(b) is not required to be
paid the prevailing rate of wage, even when the artist is engaged in the installation
of art necessary to the structural integrity of the public work when the art is
of the artist's own creation.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.342

Hist.: BL 8-1984, f. & ef.
6-21-84; Renumbered from 839-016-0155, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05;
BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11

Fees on Public Works Contracts

839-025-0200
Fees to Be Paid by Public Agency
(1) A public agency must pay
a fee to the Prevailing Wage Rate Unit for every contract awarded to a contractor
for a public work which is regulated under the Prevailing Wage Rate Law (ORS 279C.800
to 279C.870).
(2) The amount of the fee is
one tenth of one percent (.001) of the contract price. However, the fee must be
no less than $250 nor more than $7,500 regardless of the contract price.
(3) The public agency must pay
the fee at the time the public agency notifies the commissioner under ORS 279C.835
a contract subject to the provisions of Prevailing Wage Rate law has been awarded.
(4) In order to assist public
agencies in the proper calculation of the fee, the bureau has prepared a form for
this purpose. The form, WH-39, is available, on request, from the Prevailing
Wage Rate Unit.
(5) As used in this rule, "contract
price" means the dollar amount of the contract on the date it was awarded to the
contractor and the dollar amount of any subsequent change orders or other adjustments.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat.
Auth.: ORS 279 & 651
Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 3-1996, f. & cert.
ef. 1-26-96; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0200,
BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08;
BLI 18-2009(Temp), f. 8-3-09, cert. ef. 8-5-09 thru 1-31-10; BLI 28-2009, f. 12-1-09,
cert. ef. 1-1-10; BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11
839-025-0210
Adjustment of Fees
(1) Within 30 days of the final
progress payment to the contractor by the public agency after completion of the
contract, the public agency must determine the final contract price. The public
agency must consider all change orders or other adjustments to the contract price
in making the determination.
(2) The public agency must calculate
the fee in accordance with OAR 839-025-0200(2) and must credit the amount paid pursuant
to 839-025-0200(3). The difference, if any, must be determined as follows:
(a) In the case of a reduction
of more than $100 in the amount of the fee, the public agency may submit a request
to the bureau for a refund of the difference and the bureau will pay a refund to
the public agency;
(b) In the case of an increase
of more than $100 in the amount of the fee, the public agency must pay the difference
to the bureau.
(3) Requests for refunds and
additional payments must be submitted with sufficient documentation to show how
the amount to be refunded or to be paid was calculated. All such requests or payments
must be made to the Prevailing Wage Rate Unit within 30 days after the date the
final progress payment was made to the contractor by the public agency after completion
of the contract.
(4) In order to assist public
agencies in the proper calculation of the fee, the bureau has prepared a form for
this purpose. The form, WH-40, is available, on request, from the Prevailing
Wage Rate Unit.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348
- 279.380

Hist.: BL 3-1996, f. & cert.
ef. 1-26-96; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0210,
BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08;
BLI 18-2009(Temp), f. 8-3-09, cert. ef. 8-5-09 thru 1-31-10; BLI 28-2009, f. 12-1-09,
cert. ef. 1-1-10; BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11
839-025-0220
Fees for Contract Without Specific Award Amounts
(1) When a project is a public work subject to ORS 279C.800 to 279C.870, but the contract is awarded without stating any specific amount, the contract price for purposes of calculating the fee shall be based on the amount the public agency anticipates to be the guaranteed maximum amount of the project.
(2) When the contract is completed, adjustments in the fees shall be calculated and paid or a refund may be requested as provided in OAR 839-025-0210.
(3) When the public agency has not determined the guaranteed maximum amount, the agency shall make a good faith estimate of the contract price. The fee shall be calculated on this estimated amount.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 3-1996, f. & cert. ef. 1-26-96; Renumbered from 839-016-0220, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 29-2005, f. 12-29-05, cert. ef. 1-1-06; BLI 42-2007, 12-28-07, cert. ef. 1-1-08
839-025-0230
Special Circumstances
(1) When a public agency enters into
an agreement for construction management services or chooses to act as its own general
contractor or construction manager in connection with a public works project subject
to ORS 279C.800 to 279C.870, the contract price for purposes of determining whether
the project is regulated under the law shall be the sum of all contracts associated
with the project or, if the actual sums are not known at the time work begins, the
contract price shall be the guaranteed maximum amount for the project or the agency's
good faith estimate of the contract price of the project if there is no guaranteed
maximum amount.
(2) When a public agency
contracts with a contractor to act as the general manager of a public works project,
the contract for general manager services is a public works contract for purposes
of these rules and a fee is required just as it is for any other public works contract,
since the contract would not have been entered into but for the public works project.
(3) When a public agency
acts as its own general contractor and enters into one or several contracts in connection
with a public works project subject to ORS 279C.800 to 279C.870, the public agency
is required to pay the fee in connection with each contract awarded to each contractor.
The fee is required on all contracts, regardless of the contract price of any individual
contract, so long as the combined price of all contracts awarded on the project
is $50,000 or more.
(4) When a project is a public
works project pursuant to ORS 279C.800(6)(a)(B) and no public agency awards a contract
to a contractor for the project, the public agency or agencies providing public
funds for the project shall pay the required fee at the time the public agency or
agencies commit(s) to the provision of funds for the project. The amount of the
fee shall be based on the total project amount. When the amount of the project is
not known by the public agency or agencies providing public funds for the project,
the public agency or agencies shall pay the required fee pursuant to the provisions
of OAR 839-025-0220.
(5) When a project is a public
works project pursuant to ORS 279C.800(6)(a)(C) and no public agency awards a contract
to a contractor for the project, the public agency or agencies that will occupy
or use the completed project shall pay the required fee when the agency or agencies
enter(s) into an agreement to occupy or use the completed project. The amount of
the fee shall be based on the total project amount. When the amount of the project
is not known by the public agency or agencies that will occupy or use the completed
project, the public agency or agencies shall pay the required fee pursuant to the
provisions of OAR 839-025-0220.
(6) When a project is a public
works project pursuant to ORS 279C.800(6)(a)(D) and no public agency awards a contract
to a contractor for the project, the public agency that owns the land, premise(s),
structure(s), or building(s) on which the solar radiation device will be constructed
or installed shall pay the required fee at the time the public agency enters into
an agreement authorizing the construction or installation of the solar radiation
device. The amount of the fee shall be based on the total project amount. When the
amount of the project is not known by the public agency, the public agency shall
pay the required fee pursuant to the provisions of OAR 839-025-0220.
(7) When a project is a public
works project pursuant to ORS 279C.800(6)(a)(E) and no public agency awards a contract
to a contractor for the project, the Oregon University System or institution in
the Oregon University System that owns the land, premise(s), structure(s), or building(s)
on which the construction, reconstruction, major renovation or painting takes place
shall pay the required fee at the time the Oregon University System or institution
in the Oregon University System enters into an agreement authorizing the construction,
reconstruction, major renovation or painting. The amount of the fee shall be based
on the total project amount. When the amount of the project is not known by the
Oregon University System or institution in the Oregon University System, the Oregon
University System or institution in the Oregon University System shall pay the required
fee pursuant to the provisions of OAR 839-025-0220.
(8) When more than one public
agency is required to pay a fee pursuant to section (4) or (5) of this rule, the
amount of the fee owed by each public agency shall, if not otherwise previously
agreed upon by the agencies, be pro-rated proportionately based on the amount of
public funds provided or space occupied or used by each agency.
Stat. Auth.: ORS 651.060(4), 279C.808
Stats. Implemented: H.B.
2646, 77th Leg., Reg. Ses. (Or2013), ORS 279C
Hist.: BL 3-1996, f. &
cert. ef. 1-26-96; Renumbered from 839-016-0230, BLI 7-2005, f. 2-25-05, cert. ef.
3-1-05; BLI 29-2005, f. 12-29-05, cert. ef. 1-1-06; BLI 42-2007, f. 12-28-07, cert.
ef. 1-1-08; BLI 23-2010, f. 12-30-10, cert. ef. 1-1-11; BLI 9-2011, f. 10-27-11,
cert. ef. 11-1-11; BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14

Actions that Circumvent Payment of Prevailing Wages Prohibited

839-025-0300
Generally
No person shall take any action which circumvents the payment of the prevailing wage rate to workers on public works projects.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 3-1996, f. & cert. ef. 1-26-96; Renumbered from 839-016-0300, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05
839-025-0310
Division of Projects
(1)(a) A public agency may not divide a public works project into more than one project for the purpose of avoiding compliance with ORS 279C.800 to 279C.870.
(b) When making a determination of whether the public agency divided a public works project to avoid compliance with ORS 279C.800 to 279C.870, the commissioner will consider the facts and circumstances in any given situation including, but not limited to, the following matters:
(A) The physical separation of project structures;
(B) Whether a single public works project includes several types of improvements or structures;
(C) The anticipated outcome of the particular improvements or structures the agency plans to fund;
(D) Whether the structures or improvements are similar to one another and combine to form a single, logical entity having an overall purpose or function;
(E) Whether the work on the project is performed in one time period or in several phases as components of a larger entity;
(F) Whether a contractor or subcontractor and their employees are the same or substantially the same throughout the particular project;
(G) The manner in which the public agency and the contractors administer and implement the project;
(H) Other relevant matters as may arise in any particular case.
(c) When the commissioner determines that a public agency has divided a public works project for the purpose of avoiding compliance with ORS 279C.800 to 279C.870, the commissioner will issue a written order compelling compliance with 279C.800 to 279C.870. The order will offer the public agency the opportunity to contest the order pursuant to OAR 839-050-0000 through 839-050-0420.
(2) If a project is a public works of the type described in ORS 279C.800(6)(a)(B) or (C), the commissioner shall divide the project, if appropriate, after applying the considerations set forth in section (1)(b) of this rule to separate the parts of the project that include funds of a public agency or that will be occupied or used by a public agency from the parts of the project that do not include funds of a public agency and that will not be occupied or used by a public agency. If the commissioner divides the project, any part of the project that does not include funds of a public agency and that will not be occupied or used by a public agency is not subject to 279C.800 to 279C.870.
(3) If a project includes parts that are owned by a public agency and parts that are owned by a private entity, the commissioner shall divide the project, if appropriate, after applying the considerations set forth in sections (1)(b) and (2) of this rule to separate the parts of the project that are public works from the parts of the project that are not public works. If the commissioner divides the project, parts of the project that are not public works are not subject to ORS 279C.800 to 279C.870.
(4) When a private project for the construction, reconstruction, major renovation or painting of a privately owned road, highway, building, structure or improvement of any type that is already underway becomes a public works project by virtue of the provisions of ORS 279C.800(6)(a)(B) or (C), the provisions of 279C.800 to 279C.870 apply prospectively to the project once any public agency commits to the provision of funds for the project or any public agency enters into an agreement to occupy or use any portion of the completed project. If a public agency delays a commitment to the provision of funds or delays entry into an agreement for occupancy or use for the purpose of avoiding compliance with 279C.800 to 279C.870, the commissioner may determine that the provisions of 279C.800 to 279C.870 shall apply to the entire public works project under section (1) of this rule.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 3-1996, f. & cert. ef. 1-26-96; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0310, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 20-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 1-27-08; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08
839-025-0315
Use of Multiple Wage Rate Determinations on Projects
(1) The commissioner may authorize the use of multiple wage rate determinations on projects comprised of more than one construction type. For example, on a project consisting of the construction of both residential units and commercial space, the commissioner may authorize residential wage rates to be paid for work performed in connection with the construction of the residential units pursuant to OAR 839-025-0037 and non-residential prevailing wage rates to be paid for work performed in connection with the construction of the commercial space.
(2) A public agency, developer or prime contractor may request authorization to use multiple wage determinations on a project. Requests for authorization to use multiple wage determinations on a project must be in writing, describe all relevant details of the project or proposed project, and be submitted to: Prevailing Wage Rate Unit, Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., #1045, Portland, OR, 97232.
(3) The requester will be advised if the commissioner determines that multiple wage rate determinations are appropriate and may be used on a project.
(4) If the commissioner determines that multiple wage rate determinations may be used on a project, continued authorization to use the multiple wage rate determinations shall be contingent upon compliance with the following requirements:
(a) The project/contract specifications must clearly delineate the portions of the project subject to each applicable wage rate determination;
(b) All applicable wage rate determinations must be posted at the site of work pursuant to the provisions of OAR 839-025-0033, with an explanation of the portions of the project to which each wage rate determination applies;
(c) The developer or prime contractor must establish adequate controls to ensure that all workers on the project are paid in accordance with the applicable wage rates; and
(d) Each and every contractor employing workers on the project must prepare, submit and maintain accurate time and payroll records to demonstrate compliance with all wage rate determinations applicable to the project.
Stat. Auth.: ORS 651.060(4), 279C

Stats. Implemented: ORS 279c.800 - 279C.870

Hist.: BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08
839-025-0320
Payment of Prevailing Wage by Persons Other than Contractors or Subcontractors Prohibited
(1) Except as provided herein, no person, other than the contractor or subcontractor, shall pay or contribute any portion of the prevailing rate of wage specified in the contract to workers employed on the public works contract.
(2) Section (1) of this rule does not apply to payments to workers who are enrolled in government-subsidized training or retraining programs.
(3) For purposes of this rule, a person pays or contributes to the payment of the prevailing rate of wage when a contractor or subcontractor receives monies pursuant to a program, plan or other agreement that includes a provision that contributions by members of a labor organization of a part of their wages will be made to the labor organization for the purpose of paying contractors or subcontractors the difference in the wage rate negotiated under the collective bargaining agreement and the wage rate used by the contractor or subcontractor in obtaining a contract. However, a person does not pay or contribute to the payment of the prevailing rate of wage when the contractor or subcontractor receives monies pursuant to such program plan or agreement if the collectively bargained wage rate exceeded the prevailing rate of wage in effect at the time the contractor or subcontractor made a bid on a contract.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 3-1996, f. & cert. ef. 1-26-96; Renumbered from 839-016-0320, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05
839-025-0330
Wage Averaging Prohibited
(1) No contractor or subcontractor shall reduce a worker's regular rate of pay for work on projects not subject to the Prevailing Wage Rate Law (ORS 279C.800 to 279C.870) when the reduction in pay has the effect of the worker not receiving the prevailing rate of wage for work performed on the public works project.
(2) As used in this rule, "regular rate" has the same meaning as that defined in OAR 839-020-0030(2)(b).
(3) When making a determination of whether a contractor or subcontractor has reduced a worker's regular rate in violation of section (1) of this rule, the bureau shall consider:
(a) The timing of the wage rate reduction;
(b) Whether the wage rate reduction was made pursuant to an established plan;
(c) Whether the wage rate reduction is applied equally to all workers in similar job classifications;
(d) Whether the wage rate reductions are applied to workers employed on public works projects but not to workers employed only on projects not subject to the Prevailing Wage Rate Law (ORS 279C.800 to 279C.870);
(e) Other considerations as the facts and circumstances of a particular matter may reveal.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 3-1996, f. & cert. ef. 1-26-96; Renumbered from 839-016-0330, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05
839-025-0340
Circumventions of the Prevailing Wage Rate Law
(1) A public agency circumvents
the payment of the prevailing rate of wage when it knowingly or intentionally:
(a) Fails or refuses to include
a provision stating the existing prevailing rate of wage in the contract specifications
in violation of ORS 279C.830;
(b) Fails or refuses to include
a provision in the contract that workers on the contract shall be paid no less than
the specified minimum hourly rate of wage in violation of ORS 279C.830;
(c) Divides a project for the
purpose of avoiding compliance with ORS 279C.800 to 279C.870 in violation of ORS
279C.827.
(d) Awards a contract to a
contractor whose name appears on the list of ineligibles maintained pursuant to
ORS 279C.860.
(2) The "specified minimum hourly rate
of wage" as used in section (1)(b) of this rule means the applicable prevailing
rate of wage.
(3) A contractor circumvents
the payment of the prevailing rate of wage when it knowingly or intentionally awards
a contract to a contractor whose name appears on the list of ineligibles maintained
pursuant to ORS 279C.860.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348
- 279.380

Hist.: BL 3-1996, f. & cert.
ef. 1-26-96; Renumbered from 839-016-0340, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05;
BLI 20-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 1-27-08; BLI 42-2007, f. 12-28-07,
cert. ef. 1-1-08; BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11

Civil Penalties for Violation of Prevailing Wage Rates on Public Works Matters

839-025-0500
Definitions
As used in OAR 839-025-0500 to 839-025-0540, a person acts knowingly when the person has actual knowledge of a thing to be done or omitted or should have known the thing to be done or omitted. A person should have known the thing to be done or omitted if the person has knowledge of facts or circumstances that would place the person on reasonably diligent inquiry. A person acts knowingly if the person has the means to be informed but elects not to do so. For purposes of the rule, the contractor, subcontractor and public agency are presumed to know the circumstances of the public works construction project.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 3-1996, f. & cert. ef. 1-26-96; Renumbered from 839-016-0500, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08
839-025-0510
Violations Separate and Distinct
Each violation is separate and distinct. In the case of continuing violations, each day's continuance is a separate and distinct violation.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 3-1996, f. & cert. ef. 1-26-96; Renumbered from 839-016-0510, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05
839-025-0520
Criteria to Determine Civil Penalty
(1) The commissioner shall consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed against a contractor, subcontractor or public agency and shall cite those the commissioner finds to be applicable:
(a) The actions of the contractor, subcontractor or public agency in responding to previous violations of statutes and rules;
(b) Prior violations, if any, of statutes and rules;
(c) The opportunity and degree of difficulty to comply;
(d) The magnitude and seriousness of the violation;
(e) Whether the contractor, subcontractor or public agency knew or should have known of the violation.
(2) It shall be the responsibility of the contractor, subcontractor or public agency to provide the commissioner with evidence of any mitigating circumstances set out in section (1) of this rule.
(3) In arriving at the actual amount of the civil penalty, the commissioner shall consider the amount of the underpayment of wages, if any, in violation of any statute or rule.
(4) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the contractor, subcontractor or public agency for the purpose of reducing the amount of the civil penalty to be assessed.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 3-1996, f. & cert. ef. 1-26-96; Renumbered from 839-016-0520, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08
839-025-0530
Violations for Which a Civil Penalty May Be Assessed
(1) The commissioner may assess a civil
penalty for each violation of any provision of the Prevailing Wage Rate Law (ORS
279C.800 to 279C.870) and for each violation of any provision of the administrative
rules adopted under the Prevailing Wage Rate Law.
(2) Civil penalties may be
assessed against any contractor, subcontractor or public agency regulated under
the Prevailing Wage Rate Law and are in addition to, not in lieu of, any other penalty
prescribed by law.
(3) The commissioner may
assess a civil penalty against a contractor or subcontractor for any of the following
violations:
(a) Failure to pay the applicable
prevailing rate of wage in violation of ORS 279C.840;
(b) Failure to pay all wages
due and owing to the contractor’s or subcontractor’s workers on the
regular payday established and maintained under ORS 652.120 in violation of ORS
279C.840(1).
(c) Failure to post the applicable
prevailing wage rates in violation of ORS 279C.840(4);
(d) Failure to post the notice
describing the health and welfare or pension plans in violation of ORS 279C.840(5);
(e) Failure to include a
provision in a subcontract that workers shall be paid not less than the specified
minimum hourly rate of wage in violation of ORS 279C.830(1)(c);
(f) If a public works project
is subject to both ORS 279C.800 to 279C.870 and to the Davis-Bacon Act (40 U.S.C.
3141 et seq.), failure to include a provision in a subcontract that workers must
be paid not less than the higher of the applicable state or federal prevailing rate
of wage in violation of ORS 279C.830(1)(d);
(g) Failure to include in
a subcontract a provision requiring the subcontractor to have a public works bond
filed with the Construction Contractors Board before starting work on the project,
unless exempt, in violation of ORS 279C.830(2);
(h) Failure to file with
the Construction Contractors Board a public works bond, as required under ORS 279C.836,
before starting work on a contract or subcontract for a public works project subject
to the provisions of ORS 279C.800 to 279C.870;
(i) Failure to verify that
a subcontractor has filed a public works bond as required or has elected not to
file a public works bond under ORS 279C.836 prior to permitting a subcontractor
to start work on a public works project;
(j) Failure to file certified
statements in violation of ORS 279C.845;
(k) Filing inaccurate or
incomplete certified statements in violation of ORS 279C.845;
(l) Failure to retain 25
percent of the amount the first-tier subcontractor earned when the first-tier subcontractor
fails to submit payroll and certified statement forms to the public agency in violation
of ORS 279C.845;
(m) Paying the prevailing
rate of wage in violation of ORS 279C.840(6);
(n) Reducing an employee's
pay in violation of ORS 279C.840(7);
(o) Taking action to circumvent
the payment of the prevailing wage, other than subsections (k) and (m) of this section,
in violation of ORS 279C.840(7);
(p) Failure to submit reports
and returns in violation of ORS 279C.815(3);
(q) Failure to certify the
accuracy of reports and returns in violation of ORS 279C.815(3);
(r) Failure to timely pay
the fee required by ORS 279C.825 on public works contracts first advertised or solicited
prior to January 1, 2008;
(s) Receiving a public works
contract or subcontract while on the list of ineligibles in violation of ORS 279C.860;
(t) Awarding a contract to
a contractor whose name appears on the list of ineligibles maintained pursuant to
ORS 279C.860.
(u) Failure to contribute
fringe benefit wages timely to a trustee or to a third person pursuant to a plan,
fund or program on a “regular basis” and “not less often than
quarterly,” as those terms are defined in OAR 839-025-0043.
(4) The commissioner may
assess a civil penalty against a public agency for any of the following violations:
(a) Failure to include in
the specifications for a public works contract a provision stating the applicable
existing prevailing wage rate in violation of ORS 279C.830(1)(a);
(b) If a public works project
is subject to both ORS 279C.800 to 279C.870 and to the Davis-Bacon Act (40 U.S.C.
3141 et seq.), failure to require the contractor to pay the higher of the applicable
state prevailing rate of wage or federal prevailing rate of wage to all workers
in violation of ORS 279C.830(1)(b);
(c) Failure to include a
contract provision stating that workers must be paid the applicable prevailing rate
of wage in violation of ORS 279C.830(1)(c);
(d) If a public works project
is subject to both ORS 279C.800 to 279C.870 and to the Davis-Bacon Act (40 U.S.C.
3141 et seq.), failure to include a contract provision stating that workers on public
works must be paid not less than the higher of the applicable state prevailing rate
of wage or federal prevailing rate of wage in violation of ORS 279C.830(1)(d);
(e) Failure to include in
the specifications for a contract for a public works stating that the contractor
and every subcontractor must have a public works bond filed with the Construction
Contractors Board before starting work on the project, unless exempt, in violation
of ORS 279C.830(2);
(f) Failure to include in
a contract for a public works a provision requiring the contractor to have a public
works bond filed with the Construction Contractors Board before starting work on
the project, unless exempt, in violation of ORS 279C.830(2)(a);
(g) Failure to include in
a contract for a public works a provision requiring the contractor to include in
every subcontract a provision requiring the contractor to have a public works bond
filed with the Construction Contractors Board before starting work on the project,
unless exempt, in violation of ORS 279C.830(2)(b);
(h) Failure to notify the
commissioner when a contract is awarded in violation of ORS 279C.835;
(i) Dividing a public works
project in violation of ORS 279C.827;
(j) Failure to include a
copy of the disclosure of first-tier subcontractors with the Notice of Award in
violation of ORS 279C.835;
(k) Failure to retain 25
percent of the amount the contractor earned when the contractor fails to submit
payroll and certified statement forms to the public agency in violation of ORS 279C.845;
(l) Failure to timely pay
the fee required in violation of ORS 279C.825;
(m) Awarding a contract to
a contractor whose name appears on the list of ineligibles maintained pursuant to
ORS 279C.860;
(n) Entering into an agreement
with another state or a political subdivision or agency of another state agreeing
that a contractor or subcontractor may pay less than the prevailing rate of wage
determined in accordance with ORS 279C.815 under the terms of a contract for public
works to which the contracting agency is a party or of which the contracting agency
is a beneficiary in violation of ORS 279C.829.
Stat. Auth.: ORS 651.060(4), 279C.808
Stats. Implemented: ORS 279C
Hist.: BL 3-1996, f. &
cert. ef. 1-26-96; BL 1-1998, f. & cert. ef. 1-5-98; BLI 5-2002, f. 2-14-02,
cert. ef. 2-15-02; Renumbered from 839-016-0530, BLI 7-2005, f. 2-25-05, cert. ef.
3-1-05; BLI 29-2005, f. 12-29-05, cert. ef. 1-1-06; BLI 20-2007(Temp), f. 7-30-07,
cert. ef. 8-1-07 thru 1-27-08; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 18-2009(Temp),
f. 8-3-09, cert. ef. 8-5-09 thru 1-31-10; BLI 28-2009, f. 12-1-09, cert. ef. 1-1-10;
BLI 3-2011(Temp), f. & cert. ef. 6-8-11 thru 12-4-11; BLI 9-2011, f. 10-27-11,
cert. ef. 11-1-11; BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14
839-025-0540
Schedule of Civil Penalties
(1) The civil penalty for any one violation may not exceed $5,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances.
(2) For purposes of this rule, "repeated violations" means violations of a provision of law or rule which has been violated on more than one project within two years of the date of the most recent violation.
(3) Notwithstanding any other section of this rule, when the commissioner determines to assess a civil penalty for a violation of ORS 279C.840 regarding the payment of the prevailing rate of wage, the minimum civil penalty will be calculated as follows:
(a) An equal amount of the unpaid wages or $1,000, whichever is less, for the first violation;
(b) Two times the amount of the unpaid wages or $3,000, whichever is less, for the first repeated violation;
(c) Three times the amount of the unpaid wages or $5,000, whichever is less, for second and subsequent repeated violations.
(4) Notwithstanding any other section of this rule, when the commissioner determines to assess a civil penalty for a violation of ORS 279C.825, or OAR 839-025-0200, or 839-025-0220 regarding fees to be paid by a public agency, the minimum civil penalty to be assessed will be calculated as follows:
(a) An equal amount of the unpaid fee or $1,000, whichever is greater, for the first violation;
(b) Two times the amount of the unpaid fee or $3,000, whichever is greater, for the second violation;
(c) Three times the amount of the unpaid fee or $5,000, whichever is greater, for the third and subsequent violations.
(5) The civil penalty for all other violations will be set in accordance with the determinations and considerations referred to in OAR 839-025-0520.
(6) The civil penalties set out in this rule are in addition to any other penalty assessed or imposed by law or rule.
Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Hist.: BL 3-1996, f. & cert. ef. 1-26-96; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0540, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07. cert. ef. 1-1-08
839-025-0700
Prevailing Wage Rate Determination/Amendments
to Determination
(1) Pursuant to ORS 279C.815, the Commissioner
of the Bureau of Labor and Industries has determined that the wage rates stated
in the publication of the Bureau of Labor and Industries entitled Prevailing Wage
Rates on Public Works Contracts in Oregon dated July 1, 2015, are the prevailing
rates of wage for workers upon public works in each trade or occupation in the locality
where work is performed for the period beginning July 1, 2015, and the effective
dates of the applicable special wage determination and rates amendments: Amendments
to Oregon Determination 2015-02 (effective October 1, 2015).
(2) Copies of Prevailing
Wage Rates on Public Works Contracts in Oregon dated July 1, 2015, are available
from any office of the Wage and Hour Division of the Bureau of Labor and Industries.
The offices are located in Eugene, Portland and Salem. Copies are also available
on the bureau’s webpage at www.oregon.gov/boli or may be obtained from the
Prevailing Wage Rate Coordinator, Prevailing Wage Rate Unit, Wage and Hour Division,
Bureau of Labor and Industries, 800 NE Oregon Street #1045, Portland, Oregon 97232;
(971) 673-0839.
Stat. Auth.: ORS 279C.815, 651.060

Stats. Implemented: ORS.279C.815

Hist.: BLI 7-1998(Temp),
f. & cert. ef. 10-29-98 thru 4-27-99; BLI 1-1999, f. 1-8-99, cert. ef. 1-15-99;
BLI 4-1999, f. 6-16-99, cert. ef. 7-1-99; BLI 6-1999, f. & cert. ef. 7-23-99;
BLI 9-1999, f. 9-14-99, cert. ef. 10-1-99: BLI 16-1999, f. 12-8-99, cert. ef. 1-1-00;
BLI 4-2000, f. & cert. ef. 2-1-00; BLI 9-2000, f. & cert. ef. 3-1-00; BLI
10-2000, f. 3-17-00, cert. ef. 4-1-00; BLI 22-2000, f. 9-25-00, cert. ef. 10-1-00;
BLI 26-2000, f. 12-14-00 cert. ef. 1-1-01; BLI 1-2001, f. & cert. ef. 1-5-01;
BLI 3-2001, f. & cert. ef. 3-15-01; BLI 4-2001, f. 3-27-01, cert. ef. 4-1-01;
BLI 5-2001, f. 6-21-01, cert. ef. 7-1-01; BLI 8-2001, f. & cert. ef. 7-20-01;
BLI 14-2001, f. 9-26-01, cert. ef. 10-1-01; BLI 16-2001, f. 12-28-01, cert. ef.
1-1-02; BLI 2-2002, f. 1-16-02, cert. ef. 1-18-02; BLI 8-2002, f. 3-25-02, cert.
ef. 4-1-02; BLI 12-2002 f. 6-19-02 cert. ef. 7-1-02; BLI 16-2002, f. 12-24-02 cert.
ef. 1-1-03; BLI 1-2003, f. 1-29-03, cert. ef. 2-14-03; BLI 3-2003, f. & cert.
ef. 4-1-03; BLI 4-2003, f. 6-26-03, cert. ef. 7-1-03; BLI 5-2003, f. 9-17-03, cert.
ef. 10-1-03; BLI 9-2003, f. 12-31-03, cert. ef. 1-5-04; BLI 1-2004, f. 4-9-04, cert.
ef. 4-15-04; BLI 6-2004, f. 6-25-04, cert. ef. 7-1-04; BLI 11-2004, f. & cert.
ef. 10-1-04; BLI 17-2004, f. 12-10-04 cert. ef. 12-13-04; BLI 18-2004, f. 12-20-04,
cert. ef. 1-1-05; Renumbered from 839-016-0700, BLI 7-2005, f. 2-25-05, cert. ef.
3-1-05; BLI 8-2005, f. 3-29-05, cert. ef. 4-1-05; BLI 18-2005, f. 9-19-05, cert.
ef. 9-20-05; BLI 19-2005, f. 9-23-05, cert. ef. 10-1-05; BLI 26-2005, f. 12-23-05,
cert. ef. 1-1-06; BLI 1-2006, f. 1-24-06, cert. ef. 1-25-06; BLI 2-2006, f. &
cert. ef. 2-9-06; BLI 4-2006, f. 2-23-06, cert. ef. 2-24-06; BLI 14-2006, f. 3-30-06,
cert. ef. 4-1-06; BLI 20-2006, f. & cert. ef. 6-16-06; BLI 21-2006, f. 6-16-06
cert. ef. 7-1-06; BLI 23-2006, f. 6-27-06 cert. ef. 6-29-06; BLI 25-2006, f. &
cert. ef. 7-11-06; BLI 26-2006, f. & cert. ef. 7-13-06; BLI 28-2006, f. 7-21-06,
cert. ef. 7-24-06; BLI 29-2006, f. 8-8-06, cert. ef. 8-9-06; BLI 32-2006, f. &
cert. ef. 9-13-06; BLI 33-2006, f. 9-28-06, cert. ef. 10-1-06; BLI 36-2006, f. &
cert. ef. 10-4-06; BLI 37-2006, f. & cert. ef. 10-19-06; BLI 40-2006, f. 11-17-06,
cert. ef. 11-20-06; BLI 43-2006, f. 12-7-06, cert. ef. 12-8-06; BLI 45-2006, f.
12-26-06, cert. ef. 1-1-07; BLI 5-2007, f. 1-30-07, cert. ef. 1-31-07; BLI 6-2007,
f. & cert. ef. 3-5-07; BLI 7-2007, f. 3-28-07, cert. ef. 3-30-07; BLI 8-2007,
f. 3-29-07, cert. ef. 4-1-07; BLI 9-2007, f. & cert. ef. 4-2-07; BLI 10-2007,
f. & cert. ef. 4-30-07; BLI 12-2007, f. & cert. ef. 5-31-07; BLI 13-2007,
f. 6-8-07, cert. ef. 6-11-07; BLI 14-2007, f. 6-27-07, cert. ef. 6-28-07; BLI 15-2007,
f. & cert. ef. 6-28-07; BLI 16-2007, f. 6-29-07, cert. ef. 7-1-07; BLI 18-2007,
f. 7-10-07, cert. ef. 7-12-07; BLI 21-2007, f. 8-3-07, cert. ef. 8-8-07; BLI 22-2007,
cert. & ef. 8-30-07; BLI 23-2007, f. 8-31-07, cert. ef. 9-4-07; BLI 24-2007,
f. 9-11-07, cert. ef. 9-12-07; BLI 25-2007, f. 9-19-07, cert. ef. 9-20-07; BLI 26-2007,
f. 9-25-07 cert. ef. 9-26-07; BLI 27-2007, f. 9-25-07 cert. ef. 10-1-07; BLI 28-2007,
f. 9-26-07 cert. ef. 10-1-07; BLI 31-2007, f. 11-20-07, cert. ef. 11-23-07; BLI
34-2007, f. 12-27-07, cert. ef. 1-1-08; BLI 1-2008, f. & cert. ef. 1-4-08; BLI
2-2008, f. & cert. ef. 1-11-08; BLI 3-2008, f. & cert. ef. 2-21-08; BLI
6-2008, f. & cert. ef. 3-13-08; BLI 8-2008, f. 3-31-08, cert. ef. 4-1-08; BLI
9-2008, f. & cert. ef. 4-14-08; BLI 11-2008, f. & cert. ef. 4-24-08; BLI
12-2008, f. & cert. ef. 4-30-08; BLI 16-2008, f. & cert. ef. 6-11-08; BLI
17-2008, f. & cert. ef. 6-18-08; BLI 19-2008, f. & cert. ef. 6-26-08; BLI
20-2008, f. & cert. ef. 7-1-08; BLI 23-2008, f. & cert. ef. 7-10-08; BLI
26-2008, f. & cert. ef. 7-30-08; BLI 28-2008, f. & cert. ef. 9-3-08; BLI
30-2008, f. & cert. ef. 9-25-08; BLI 31-2008, f. 9-29-08, cert. ef. 10-1-08;
BLI 32-2008, f. & cert. ef. 10-8-08; BLI 36-2008, f. & cert. ef. 10-29-08;
BLI 41-2008, f. & cert. ef. 11-12-08; BLI 42-2008, f. & cert. ef. 12-1-08;
BLI 44-2008, f. & cert. ef. 12-29-08; BLI 45-2008, f. 12-31-08, cert. ef. 1-1-09;
BLI 1-2009, f. & cert. ef. 1-6-09, BLI 2-2009, f. & cert. ef. 1-12-09; BLI
4-2009, f. & cert. ef. 2-11-09; BLI 6-2009, f. & cert. ef. 3-17-09; BLI
7-2009, f. & cert. ef. 3-24-09; BLI 8-2009, f. 3-31-09, cert. ef. 4-1-09; BLI
10-2009, f. 6-9-09, cert. ef. 6-10-09; BLI 11-2009, f. 6-29-09, cert. ef. 6-30-09;
BLI 12-2009, f. 6-29-09, cert. ef. 7-1-09; BLI 13-2009, f. & cert. ef. 7-1-09;
BLI 14-2009, f. & cert. ef. 7-10-09; BLI 15-2009, f. & cert. ef. 7-16-09;
BLI 16-2009, f. & cert. ef. 7-22-09; BLI 17-2009, f. & cert. ef. 7-29-09;
BLI 19-2009, f. & cert. ef. 8-18-09; BLI 20-2009, f. & cert. ef. 9-14-09;
BLI 21-2009, f. & cert. ef. 9-21-09; BLI 22-2009, f. 9-30-09, cert. ef. 10-1-09;
BLI 23-2009, f. & cert. ef. 10-8-09; BLI 24-2009, f. & cert. ef. 11-12-09;
BLI 25-2009, f. & cert. ef. 11-23-09; BLI 29-2009, f. 12-31-09, cert. ef. 1-1-10;
BLI 1-2010, f. 1-8-10, cert. ef. 1-12-10; BLI 2-2010, f. 1-11-10, cert. ef.
1-13-10; BLI 3-2010, f. & cert. ef 1-19-10; BLI 4-2010, f. & cert. ef 1-27-10;
BLI 13-2010, f. & cert. ef. 4-1-10; BLI 17-2010, f. 6-29-10, cert. ef. 7-1-10;
BLI 20-2010, f. & cert. ef. 10-1-10; BLI 24-2010, f. 12-30-10, cert. ef. 1-1-11;
BLI 2-2011, f. 3-25-11, cert. ef. 4-1-11; BLI 4-2011, f. 6-30-11, cert. ef. 7-1-11;
BLI 7-2011, f. & cert. ef. 10-12-11; BLI 10-2011, f. 12-30-11, cert. ef. 1-1-12;
BLI 4-2012, f. & cert. ef. 3-29-12; BLI 6-2012, f. & cert. ef. 7-2-12; BLI
10-2012, f. 9-26-12, cert. ef. 10-1-12; BLI 13-2012, f. 12-28-12, cert. ef. 1-1-13;
BLI 1-2013, f. & cert. ef. 3-25-13; BLI 2-2013, f. & cert. ef. 9-20-13;
BLI 3-2013, f. 9-30-13, cert. ef. 10-1-13; BLI 5-2013, f. 12-16-13, cert. ef. 1-1-14;
BLI 3-2014, f. & cert. ef. 4-2-14; BLI 8-2014, f. 6-13-14, cert. ef. 7-1-14;
BLI 11-2014, f. 9-24-14, cert. ef. 10-1-14; BLI 15-2014, f. 12-9-14, cert. ef. 1-1-15;
BLI 3-2015, f. 3-13-15, cert. ef. 4-1-15; BLI 7-2015, f. 6-15-15, cert. ef. 7-1-15;
BLI 13-2015, f. 9-3-15, cert. ef. 10-1-15
839-025-0750
Residential
Prevailing Wage Rate Determinations
(1) Pursuant to
ORS 279C.815, the Commissioner of the Bureau of Labor and Industries has determined
that the wage rates stated in the following residential rate determinations are
the prevailing rates of wage for workers upon said public works projects for the
periods of time specified:
(2) Copies
of the rates referenced in section (1) of this rule are available from any office
of the Wage and Hour Division of the Bureau of Labor and Industries. The offices
are located in Eugene, Portland and Salem. Copies may also be obtained from the
Prevailing Wage Rate Coordinator, Prevailing Wage Rate Unit, Wage and Hour Division,
Bureau of Labor and Industries, 800 NE Oregon Street #1045, Portland, Oregon 97232;
(971) 673-0839.
Stat. Auth.: ORS
279C.815

Stats. Implemented:
ORS 279C.815

Hist.: BLI
5-1999, f. 6-30-99, cert. ef. 7-1-99; BLI 7-1999, f. 8-26-99, cert. ef. 9-15-99;
BLI 8-1999, f. & cert. ef. 9-8-99; BLI 10-1999, f. 9-14-99, cert. ef. 9-17-99;
BLI 11-1999, f. 9-22-99, cert. ef. 9-27-99; BLI 6-2000, f. 2-14-00, cert. ef. 2-15-00;
BLI 12-2000, f. 5-24-00, cert. ef. 7-1-00; BLI 18-2000, f. & cert. ef. 9-1-00;
BLI 21-2000, f. 9-15-00, cert. ef. 9-22-00; BLI 23-2000, f. & cert. ef. 9-25-00;
BLI 24-2000, f. 10-30-00, cert. ef. 11-1-00; BLI 2-2001, f. & cert. ef. 1-24-01;
BLI 6-2001, f. 6-21-01, cert. ef. 7-1-01; BLI 7-2001, f. 7-20-01, cert. ef. 7-24-01;
BLI 9-2001, f. 7-31-01, cert. ef. 8-1-01; BLI 10-2001, f. 8-14-01, cert. ef. 8-15-01;
BLI 11-2001, f. & cert. ef. 8-22-01; BLI 13-2001, f. 9-26-01, cert. ef. 10-1-01;
BLI 6-2002, f. 3-14-02, cert. ef. 3-15-02; BLI 7-2002, f. 3-22-02, cert. ef. 3-25-02;
BLI 11-2002, f. & cert. ef. 5-23-02; BLI 13-2002, f. 6-26-02 cert. ef. 7-1-02;
BLI 14-2002, f. 8-23-02, cert. ef. 10-1-02; BLI 2-2003, f. & cert. ef. 3-28-03;
BLI 2-2004, f. 4-23-04, cert. ef. 5-1-04; BLI 3-2004, f. 5-18-04, cert. ef. 5-19-04;
BLI 4-2004, f. & cert. ef. 5-24-04; BLI 5-2004, f. 6-23-04, cert. ef. 6-24-04;
BLI 7-2004, f. 7-14-04, cert. ef. 7-15-04; BLI 13-2004, f. & cert. ef. 10-19-04;
BLI 14-2004, f. 10-29-04 cert. ef. 11-1-04; BLI 16-2004, f. 11-8-04, cert. ef. 11-10-04;
Renumbered from 839-016-0750, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 9-2005,
f. 4-15-05, cert. ef. 4-18-05; BLI 10-2005, f. & cert. ef. 5-2-05; BLI 11-2005,
f. 5-31-05, cert. ef. 6-1-05; BLI 12-2005, f. & cert. ef. 6-21-05; BLI 13-2005,
f. 6-30-05, cert. ef. 7-1-05; BLI 14-2005, f. & cert. ef. 7-22-05; BLI 15-2005,
f. 8-9-05, cert. ef. 8-10-05; BLI 17-2005, f. 8-26-05, cert. ef. 8-29-05; BLI 23-2005,
f. 10-26-05, cert. ef. 10-28-05; BLI 25-2005, f. 12-22-05, cert. ef. 12-23-05; BLI
6-2006, f. 3-9-06, cert. ef. 3-13-06; BLI 22-2006, f. 6-16-06 cert. ef. 7-1-06;
BLI 27-2006, f. 7-17-06, cert. ef. 7-18-06; BLI 30-2006, f. 8-16-06, cert. ef. 8-18-06;
BLI 31-2006, f. 9-8-06, cert. ef. 9-11-06; BLI 44-2006, f. 12-18-06, cert. ef. 1-1-07;
BLI 17-2007, f. & cert. ef. 7-2-07; BLI 30-2007, f. 11-1-07, cert. ef. 11-2-07;
BLI 10-2008, f. 4-22-08, cert. ef. 4-23-08; BLI 15-2008, f. 6-4-08, cert. ef. 6-5-08;
BLI 5-2009, f. 2-27-09, cert. ef. 3-1-09; BLI 9-2009, f. 4-15-09, cert. ef. 4-16-09;
BLI 10-2012, f. 9-26-12, cert. ef. 10-1-12

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contained in the Administrative Order filed at the Archives Division,
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published version are satisfied in favor of the Administrative Order.
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