Site of the Work

Site of the Work

15) What is the “site of the work” where laborers and mechanics are covered by the prevailing wage rate requirements ?”

The “site of the work” is the physical place or places where the building or work called for in the contract will remain once the contract work has been completed and any other site where a significant portion of the building or work is constructed, provided that such site is established specifically for the performance of the contract or project.

29 CFR 5.2(l)(1)

16) What criteria must be satisfied for a facility to be deemed part of the site of the work?

  1. Dedicated exclusively, or nearly so, to the performance of the contract; and
  2. Adjacent or virtually adjacent to the site of the work.

29 CFR 5.2(l)(2)

17) What locations are generally not included in the site of the work?

  1. Permanent home offices;
  2. Branch plant establishment;
  3. Fabrication plants;
  4. Tool yards, etc., of a contractor or subcontractor whose location and continuance in operation are determined wholly without regard to a particular Federal or federally-assisted contract or project; and
  5. Commercial or material supplier fabrication plants, batch plants, borrow pits, job headquarters, tool yards, etc., established by supplier for the project before opening of bids but not on the site of the work.

29 CFR 5.2(l)(3)

18) Under what circumstances are truck drivers covered under the DBRA?

  1. Drivers of a contractor or subcontractor for time spent working on the site of the work;
  2. Drivers of a contractor or subcontractor for time spent loading and/or unloading materials and supplies on the site of the work, if such time is not de minimis;
  3. Truck drivers transporting materials or supplies between a facility that is deemed part of the site of the work and the actual construction site; and
  4. Truck drivers transporting portion(s) of the building or work between a site established specifically for the performance of the contract or project where a significant portion of such building or work is constructed and the physical place(s) where the building or work called for in the contract(s) will remain.

Prevailing Wage Resource Book, DBA/DBRA Compliance Principles, Truck Drivers

19) Under what circumstances are truck drivers not covered under the DBRA?

  1. Material delivery truck drivers while off “the site of the work;”
  2. Drivers of a contractor or subcontractor traveling between a Davis-Bacon job and a commercial supply facility while they are off the “site of the work;” and
  3. Truck drivers whose time spent on the site of the work is de minimis, such as only a few minutes at a time merely to pick up or drop off materials or supplies.

Prevailing Wage Resource Book, DBA/DBRA Compliance Principles, Truck Drivers

20) When site of the work issues arise, how are they resolved?

The USDOL Wage and Hour Division should be consulted when contracting agencies are confronted with “site of the work” issues. Refer to WHD Local Offices for information on contacting the local offices of the USDOL Wage and Hour Division.

21) Are the prevailing wage rate requirements applicable on projects to move or relocate facilities necessary for an associated Federal-aid construction project in the following situations?

  1. Contract let by a railroad or utility.

    When a railroad or utility let a contract to move or relocate their facility to accommodate a highway construction project, payment under the contract is considered compensation for moving or relocating their facility, and not highway construction; therefore the prevailing wage rate requirements do not apply.

  2. Highway construction contract.

    When the work to move or relocate a railroad or utility to accommodate a highway construction project is performed under the highway construction contract, the work is considered highway construction; therefore the prevailing wage rate requirements apply.

Memorandum June 26, 2008 (fourth item)

22) Are ferry boat projects covered by the prevailing wage rate requirements?

The construction and reconstruction of ferry boats and docking facilities is considered work performed upon “public works’ within the meaning of the Davis-Bacon Act. When the location of the contract performance is known when bids are solicited, a wage determination would be issued. See DOL's Field Operations Handbook, Section 15d11 for guidance.



Consulting Services We Provide

  • Review public works preconstruction contracts
  • Monitor DIR contractor/subcontractor certified payrolls
  • Audit labor classification for each worker employed
  • Review DIR pre-DAS 140/142 submissions
  • Review CAC training fund contributions form CAC-2
  • Review DIR Fringe Benefits Statement PW-26
  • Monitor DIR wage determinations
  • Audit fringe benefits allowances
  • Review DIR holiday payment requirements
  • Audit DIR travel & subsistence requirements
  • Caltrans Labor Compliance
  • County of Sacramento Labor Compliance
  • City of Los Angeles Labor Compliance
  • Los Angeles Unified School District Labor Compliance
  • Federal Davis-Bacon Project Monitoring
  • Federal DBE Implementation & Review
  • Federal FAA AIP Goal Setting
  • DIR & Davis-Bacon Training
  • DIR Civil Wage Penalty Review
  • Local-Hire Review (e.g., San Francisco)
  • Skilled and Trained Workforce

Give us a call to discuss your labor compliance requirements.

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or legal opinions on any specific facts or circumstances.

 
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