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 at 24 F.R. 10952, Dec. 30, 1959]

§ 50-201.502

Records of injury fre

quency rates. Every person who is or shall become a party to a Government contract which is subject to the provisions of the WalshHealey 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:

(a) Records of injury frequency rates as defined in paragraphs (b) and (c)

of this section, calculated quarterly on a calendar basis commencing the first of January of each year;

(b) The injury frequency rate shall be the number of disabling.injuries to all employees per 1,000,000 man-hours of exposure, obtained by multiplying the total number of disabling injuries by 1,000,000 and dividing that sum by the total manhours of exposure;

(c) For the purpose of this section (1) "disabling injury" is one which causes disability to any employee extending beyond the day or shift during which the injury occurred, (2) "total man-hours of exposure" shall be the total man-hours actually worked by all employees during the quarter, (3) "employee" shall mean any employee in any department of the factory or establishment, including protection, maintenance, transportation, clerical, office and sales, regardless of whether such employee is engaged in the performance of a contract subject to this act.

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

[8 F.R. 4194, Apr. 2, 1943, as amended at 23 F.R. 2573, Apr. 18, 1958. Redesignated at 24 F.R. 10952, Dec. 30, 1959]

§ 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 shall be transmitted to the

Public Contracts Division of the Department of Labor.

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

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 pericdicals by the publishers thereof. [25 FR. 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]

§ 50-201.1101 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 appren tices, 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. Redesignated at 24 F.R. 10952, Dec. 30, 1959]

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

522.

NOTE: By order published in the FEDERAL REGISTER at 27 F.R. 3201, Apr. 4, 1962, on and after May 4, 1962, all wage determinations established pursuant to the Walsh-Healey Public Contracts Act will be enforced in Alaska and Hawaii with respect to all contracts bids for which are solicited or negotiations otherwise commenced on or after that date.

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 § 50-202.102 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 negotiations 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