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date of birth of the minor, as the same appears on the certificate of age.

(c) Wage-and-hour records for each such employee including the rate of wages and the amount paid each pay period, the hours worked each day and each week, and the period during which each such employee was engaged on a Government contract with the number of such contract. Compliance with this paragraph shall be deemed complete if wage-and-hour records for all employees in the plant are maintained during the period between the award of any Government contract and the date of delivery of the materials, supplies, articles, or equipment: Provided, That where no separate records for employees engaged on Government contracts are maintained, it shall be presumed until affirmative proof is present to the contrary that all employees in the plant, from the date of award of any such contract until the date of delivery of the materials, supplies, articles or equipment, were engaged on such Government contract.

(d) The records required by paragraphs (a), (b), and (c) of this section shall be kept on file for at least 3 years from their last date of entry;

(e) Basic employment and earnings records: All basic time and earning cards or sheets of the employer on which are entered the daily starting and stopping time of individual employees or of separate work forces, or the individual employees' daily, weekly, or pay period amounts of work accomplished (for example, units produced) when those amounts determine in whole or in part the pay period earnings or wages of those employees;

(f) Wage rate tables: All tables or schedules of the employer which provide the piece rates or other rates used in computing straight-time earnings, wages or salary, or overtime excess compensation;

(g) Work time schedules: All schedules or tables of the employer which establish the hours and days of employment of individual employees or of separate workforces;

(h) The records required by paragraphs (e), (f), and (g) of this section shall be kept on file at least 2 years from their last date of entry or their last effective date whichever is later.

[7 F.R. 7949, Oct. 7, 1942, as amended at 13 F.R. 5440, Sept. 17, 1948, 23 F.R. 2573, Apr. 18, 1958. Redesignated, 24 F.R. 10952, Dec. 30, 1959]

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(a) Every person who is or shall become a party to a Government contract which is subject to the provisions of the Walsh-Healey Public Contracts Act and the regulations thereunder, or who is performing or shall perform any part of such contract subject to the provisions of such act or regulations, shall maintain the records specified below which shall be available for inspection by authorized representatives of the Secretary of Labor:

(1) Records of all injuries to employees, including a brief description of the manner of occurrence and the date and duration of disability.

(2) Records of injury frequency rates, calculated annually on a calendar year basis commencing the first of January of each year, as defined in United States of America Standards Institute, Z16.11967 "Method of Recording and Measuring Work Injury Experience."

(3) Records of injury severity rates, calculated annually on a calendar year basis commencing the first of January of each year, as defined in United States of America Standards Institute, Z16.11967 "Method of Recording and Measuring Work Injury Experience."

(b) The records required in paragraph (a) of this section shall be kept on file at least 3 years from the date of entry.

(c) Where records are kept on a fiscal or insurance year basis, they shall be accepted as being in compliance with subparagraphs (2) and (3) of paragraph (a) of this section.

[34 F.R. 7954, May 20, 1969]

§ 50-201.601 Requests for exceptions and exemptions.

(a) (1) Request for the exception or exemption of a contract or class of contracts from the inclusion or application of one or more of those stipulations required by § 50-201.1 must be made by the head of a contracting agency or department and shall be accompanied with a finding by him setting forth reasons why such inclusion or application will seriously impair the conduct of Government business.

(2) Request for the exception or exemption of a stipulation respecting minimum rates of pay and maximum hours of labor contained in an existing contract must be made jointly by the head of the contracting agency and the contractor and shall be accompanied with a joint

finding by them setting forth reasons why such exception or exemption is desired.

(b) All requests for exceptions or exemptions which relate solely to safety and health standards shall be transmitted to the Bureau of Labor Standards, Department of Labor. All other requests for exceptions or exemptions shall be transmitted to the Public Contracts Division of the Department of Labor.

(41 U.S.C. 35; 5 U.S.C. 556) [7 FR. 4767, June 26, 1942, as amended at 32 F.R. 7702, May 26, 1967. Redesignated, 24 F.R. 10952, Dec. 30, 1959]

§ 50-201.602 Decisions concerning exceptions and exemptions.

Decisions concerning exceptions and exemptions shall be in writing and approved by the Secretary of Labor or officer prescribed by him, originals being filed in the Department of Labor, and certified copies shall be transmitted to the department or agency originating the request, to the Comptroller General, and to the Procurement Division of the Treasury. All such decisions shall be promulgated to all contracting agencies by the Public Contracts Division of the Department of Labor.

[7 F.R. 4767, June 26, 1942. Redesignated, 24 F.R. 10952, Dec. 30, 1959]

§ 50-201.603 Full administrative

emptions.

The following classes of contracts have been exempted from the application of § 50-201.1 pursuant to the procedure required under section 6 of the act:

(a) Contracts for public utility services including electric light and power, water, steam, and gas;

(b) Contracts for materials, supplies, articles, or equipment no part of which will be manufactured or furnished within the geographic limits of the States of the United States of America, Puerto Rico, the Virgin Islands, or the District of Columbia: In addition, the representations and stipulations required by the act and this part in any contract for materials, supplies, articles, or equipment to be manufactured or furnished in part within and in part outside such geographic limits shall not be applicable to any work performed under the contract outside such geographic limits;

(c) Contracts covering purchases against the account of a defaulting contractor where the stipulations required

in this section were not included in the defaulted contract;

(d) Contracts awarded to sales' agents or publisher representatives, for the delivery of newspapers, magazines or perlodicals by the publishers thereof.

[25 F.R. 12553, Dec. 8, 1960]

§ 50-201.604 Partial administrative exemptions.

(a) Contracts with a person who regularly buys and sells coal on his own account in lots of not less than a cargo or railroad carload, or with a person who is authorized by one or more persons engaged in mining coal to negotiate and conclude contracts for the furnishing thereof in such lots, are exempt from the requirement of section 1(a) of the act and § 50-201.1 of this part that such person represent that he is a manufacturer or a regular dealer in coal: Provided, however, That all the following terms and conditions are met:

(1) That such person will notify the persons engaged in mining the coal that the purchaser thereof is the United States and that provisions of the Public Contracts Act are applicable; and

(2) That such person, apart from the liability of the mines, shall be liable for the observance in the mines of all the labor standards provided in section 1 of the act; and

(3) That such person notify the contracting agency that he will accept the contract upon the terms and conditions set forth above.

(b) Commodity exchange contracts entered into by the Commodity Credit Corporation under the Commodity Credit Corporation Charter Act (secs. 4(h), 5 (d) and (f), 62 Stat. 1070 and 1072, 15 U.S.C. 714b(h), 714c (d) and (f)), section 416 of the Agricultural Act of 1949 (63 Stat. 1058, 7 U.S.C. 1431), section 103(a)(2) of the Agricultural Act of 1954 (68 Stat. 898, 7 U.S.C. 1743(a) (2), or section 303 of the Agricultural Trade Development and Assistance Act of 1954 (68 Stat. 459, 7 U.S.C. 1692), are exempt from the requirement of section 1(a) of the act and of § 50-201.1 that the Government contractor represents that he is the manufacturer of or a regular dealer in the materials, supplies, articles or equipment to be manufactured or used in the performance of the contract.

(c) A contractor who operates and maintains a place of business where he regularly engages in the business of an export merchant, and regularly buys

from manufacturers and resells exclusively for export materials, supplies, articles, or equipment of the general character described by the specifications and required under a contract shall be exempt from the requirement of section 1(a) of the act and of paragraph (a) of § 50-201.1 of this part that the contractor be a regular dealer in the materials, supplies, or equipment to be manufactured or used in the performance of the contract: Provided, however, The following conditions are met:

(1) That the contract is for the purchase of materials, supplies, articles, or equipment for export;

(2) [Reserved]

(3) That the export merchant will notify the persons engaged in the manufacture of the materials, supplies, articles, or equipment that the purchaser thereof is the United States and that the provisions of the Walsh-Healey Public Contracts Act are applicable; and

(4) That such export merchant, apart from the liability of the manufacturer, shall be liable for the observance of all the labor standards provided in section 1 of the act; and

(5) That the export merchant shall notify the contracting agency that he will accept the contract upon the terms and conditions set forth above.

(d) Contracts with small business defense production pools approved by the Administrator of the Small Business Administration and contracts with small business research and development pools approved by the Administrator of the Small Business Administration are exempt from the requirement in section 1(a) of the Walsh-Healey Public Contracts Act and § 50-201.1 of this part, that the contractor is a manufacturer or regular dealer in the material, supplies, articles or equipment to be manufactured or used in the performance of the contract.

[25 F.R. 12553, Dec. 8, 1960, as amended at 26 F.R. 9203, Sept. 30, 1961; 27 F.R. 4556, May 12, 1962; 27 F.R. 9060, Sept. 12, 1962] § 50-201.701 Definition of "person."

Whenever used in the regulations in this part, the word "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

[1 F.R. 1627, Sept. 19, 1936. Redesignated, 24 F.R. 10952, Dec. 30, 1959]

§ 50-201.1101 Minimum wages.

Determinations of prevailing minimum wages or changes therein will be published in the FEDERAL REGISTER and sent to contracting officers by the Public Contracts Division of the Department of Labor.

[27 F.R. 306, Jan. 11, 1962]

§ 50-201.1102 Tolerance for apprentices, student-learners, and handicapped workers.

(a) Apprentices, student-learners, and workers whose earning capacity is impaired by age or physical or mental deficiencies or injuries may be employed at wages lower than the prevailing minimum wages, determined by the Secretary of Labor pursuant to section 1(b) of the Public Contracts Act, in accordance with the same standards and procedures as are prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, and by the regulations of the Administrator of the Wage and Hour and Public Contracts Division of the Department of Labor issued thereunder (29 CFR Parts 520, 521, 524, 525, and 528).

(b) Any certificate in effect pursuant to such regulations shall constitute authorization for employment of that worker under the Public Contracts Act in accordance with the terms of the certificate, insofar as the prevailing minimum wage is concerned.

(c) The Administrator is authorized to issue certificates under the Public Contracts Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, at appropriate rates of compensation and in accordance with the standards and procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).

(d) The Administrator is also authorized to withdraw, annul, or cancel such certificates in accordance with the regulations set forth in 29 CFR Parts 525 and 528.

[28 F.R. 9529, Aug. 30, 1963.]

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Whenever any officer or employee of the United States Government or of any agency thereof has any knowledge of, or receives any complaint with respect to, a breach or violation of the stipulations required under § 50-201.1, he shall transmit such complaint according to the usual practice in his department to the Department of Labor, together with such other information as he has in his possession.

[1 F.R. 1627, Sept. 19, 1936. Redesignated, 24 F.R. 10952, Dec. 30, 1959]

§ 50-201.1203 Other contracts.

Nothing in this part shall be construed as impairing the authority possessed by any contracting agency to require labor standards in contracts not covered by this act.

[1 F.R. 1627, Sept. 19, 1936. Redesignated, 24 F.R. 10952, Dec. 30, 1959]

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AUTHORITY: The provisions of this Part 50-202 issued under secs. 1, 4, 49 Stat. 2036, 2038; 41 U.S.C. 35, 38, unless otherwise noted.

SOURCE: The provisions of this Part 50202 appear at 26 F.R. 9042, Sept. 26, 1961, unless otherwise noted.

CROSS REFERENCE: For regulations relative to employment of learners, see 29 CFR Part 522.

Subpart A Application and Scope § 50-202.1 Application and scope.

Not less than the minimum wages prescribed in this part shall be paid to employees described in § 50-201.102 of this chapter when their work relates to contracts subject to the Walsh-Healey Public Contracts Act. The minimum wages prescribed in this part shall apply to all contracts bids for which are solicited or negotiatons otherwise commenced on or after the effective date of the applicable determination. Nothing in this part shall affect any obligations for the payment of minimum wages that an employer may have under any law or agreement more favorable to employees than the requirements of this part.

Subpart B-Groups of Industries

§ 50-202.2 Minimum wage in all industries except to the extent to which a higher minimum wage is provided in Subpart C.

In all industries, except to the extent to which a higher minimum wage is provided in Subpart C, the minimum wage payable to employees described in § 50-201.102 of this chapter shall be not less than $1.60 per hour.

(41 U.S.C. 43a) [33 F.R. 2388, Jan. 31, 1968] § 50-202.3 Learners.

Learners may be employed at less than the minimum wage prescribed in § 50202.2 under regulations governing their employment under section 14 of the Fair Labor Standards Act published in 29 CFR Part 522.

(Sec. 6, 49 Stat. 2038; 41 U.S.C. 40)

Subpart C-Particular or Similar
Industries

§ 50-202.7 Paper and pulp industry.

(a) Definition. The paper and pulp industry includes the activities described in the following branches thereof, but does not include the manufacture or furnishing of paper boxes and containers; paper bags; fiber cans, tubes, and drums;

stationery and envelopes; and related products.

(1) Primary paper and pulp branch. The branch includes that part of the industry which manufactures or furnishes pulp from wood or from other materials such as waste paper, linters, and straw (except rags, cotton waste, cotton, and flax); paper from wood pulp and other fibers (except paper containing 25 percent or more pulp made from rags, cotton waste, linters, cotton, flax, or a combination of these fibers); paperboard from wood pulp and other fibers; and coated book paper.

(2) Rag paper and pulp branch. The branch includes that part of the industry which manufactures or furnishes pulp from rags, cotton waste, cotton, and flax; and paper containing 25 percent or more pulp made from rags, cotton waste, linters, cotton, flax or a combination of these fibers.

(3) Converted sanitary paper products branch. The branch includes that part of the industry which manufactures or furnishes converted sanitary paper products such as facial tissue, toilet paper, paper napkins, and paper towels.

(4) Building paper and building board branch. The branch includes that part of the industry which manufactures or furnishes building paper and building board from wood pulp or other fibrous materials.

(b) Minimum wages. (1) The minimum wage for persons employed in the manufacture or furnishing of products in the primary paper and pulp branch of the paper and pulp industry shall be not less than $1.75 an hour.

(2) The minimum wage for persons employed in the manufacture or furnishing of products in the rag paper and pulp branch of the paper and pulp industry shall be not less than that prescribed in § 50-202.2.

(3) The minimum wage for persons employed in the manufacture or furnishing of products in the converted sanitary paper products branch of the paper and pulp industry shall be not less than that prescribed in § 50-202.2.

(4) The minimum wage for persons employed in the manufacture or furnishing of products in the building paper and building board branch of the paper and pulp industry shall be not less than $1.64 an hour.

(41 U.S.C. 43a) [26 F.R. 9042, Sept. 26, 1961 as amended at 33 F.R. 2388, Jan. 31, 1968]

§ 50-202.9 Evaporated milk industry.

(a) Definition. The evaporated milk industry is defined as that industry which manufactures or furnishes evaporated milk.

(b) Minimum wage. The minimum wage for persons employed in the manufacture or furnishing of products of the evaporated milk industry shall be not less than $1.68 an hour.

(c) Tolerance. Probationary workers may be employed for a period not to exceed 160 hours at wages not less than $1.63 an hour. A probationary worker for the purpose of this paragraph is a new plant employee hired at a rate lower than that established for a specific job during the period of time required to receive orientation or initial training for that job.

(Sec. 6, 49 Stat. 2038, 41 U.S.C. 40)

§ 50-202.16 Bituminous coal industry.

(a) Definition. The bituminous coal industry is defined as that industry which produces or furnishes all coal (including lignite) except Pennsylvania anthracite. "Produces or furnishes" includes mining or other extraction, and the loading, screening, sizing, washing, oiling and other preparation of bituminous coal, and activities incidental to these operations. The term "preparation of bituminous coal" does not include any activities performed at Great Lakes or tidewater docks.

(b) Minimum wages. The minimum wage for employees (other than auxiliary workers) engaged in the production or furnishing of bituminous coal (including lignite) shall be not less than the amount indicated for each area as follows:

District 1. Eastern Pennsylvania: $2.745. The following counties in Pennsylvania: Bedford, Blair, Bradford, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Elk, Forest, Fulton, Huntingdon, Jefferson, Lycoming, McKean, Mifflin, Potter, Somerset, Tioga.

Armstrong County, including mines served by the Pittsburgh and Shawmut Railroad on the west bank of the Allegheny River, and north of the Conemaugh division of the Pennsylvania Railroad.

Fayette County, all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad.

Indiana County, north of but excluding the Saltsburg branch of the Pennsylvania Railroad between Edri and Blairsville, both exclusive.

Westmoreland County, including all mines served by the Pennsylvania Railroad, Torrance, and east.

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