Construction: Pre-Construction Remedial

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BEFORE THE COMMISSIONER OF THE BUREAU OF LABOR AND INDUSTRIES OF THE STATE OF OREGON In the Matter of Rules Pertaining ) to Prevailing Wage Rates and Fringe ) TEMPORARY RULES Benefits Paid to Apprentices ) Title: Payment of Prevailing Rate of Wage Rule Number: OAR 839-016-0035 839-016-0035 (1) Every contractor or subcontractor employing workers on a public works project shall pay to such workers no less than the prevailing rate of wage for each trade or occupation, as determined by the Commissioner, in which the workers are employed. (2) 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 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. (3) 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 prevailing rate of wage. Mental or managerial duties include but are not limited to administrative, executive, professional, supervisory or clerical duties. (4) Persons employed on a public contract 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 INote: Material in [brackets] and italics is material that is deleted. Material that is underlined and ~1~ is material to be added. JULY 1, 1997 PAGE 10