As a follow-up to my blog entry of January 19, 2011 on the requirement to post prevailing wage information on public works construction project sites, a couple of additional things are important to remember:
Federally Funded Projects: On federally funded public works construction projects, the U.S. Department of Labor requires that the following prevailing wage information be posted at the job site:
- Prevailing Wage Determination: A copy of the applicable prevailing wage determination for the project must be posted on the job site. To access federal prevailing wage determinations, including older archived wage determinations, visit the website of WageDeterminationsOnLine.gov.
- Davis-Bacon Poster: An informational Davis-Bacon prevailing wage poster must also be posted on the job site. A copy of the required poster may be found at the following U.S. Department of Labor website.
- Must be Visible to Workers: The prevailing wage determination and the Davis-Bacon poster must both "be protected from the elements and displayed in a prominent and accessible place where" they may be easily seen by employees.
Washington State Requirements: The State of Washington requirement for a contractor to post prevailing wage information on-site comes from RCW 39.12.020. It requires the following:
- What Must Be Posted: A copy of the Statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries must be posted on the project site. In addition, the address and telephone number of the industrial statistician of the Department of Labor and Industries must be posted so that workers know where to complain or inquire about prevailing wages.
- When Do Posting Requirements Apply: The posting requirements apply for public works projects in excess of $10,000.
- Must Be Readily Visible: The Statement of Intent to Pay Prevailing Wages must be posted in a location "readily visible to workers at the job site."
- When Posting at Contractor's Office is Acceptable: "For road construction, sewer line, pipeline, transmission line, street, or alley improvement projects for which no field office is needed or established, a contractor may post the prevailing rate of wage statement at the contractor's local office, gravel crushing, concrete, or asphalt batch plant as long as the contractor provides a copy of the wage statement to any employee on request."
Joint Standards: For most federally funded construction projects, the contractor is required to pay the higher of the prevailing wages between federal and state wages. In addition, on a federally funded project awarded by a non-federal public agency in the State of Washington, the contractor would need to comply with both the federal and state posting requirements.
Public Agency Responsibilities: Public agencies should check to make sure contractors are posting the correct information on the project site.
Mike Purdy's Public Contracting Blog© 2011 by Michael E. Purdy Associates, LLChttp://PublicContracting.blogspot.com
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