PART 50-210-STATEMENTS OF GENERAL POLICY AND INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS

Sec.

50-210.0 General enforcement policy. 50-210.1 Coverage under the Walsh-Healey Public Contracts Act of truck drivers employed by oil dealers. AUTHORITY: The provisions of this Part 50210 issued under sec. 4, 49 Stat. 2038; 41 U.S.C. 38.

§ 50-210.0

General enforcement policy.

(a) In order to clarify at this time the practices and policies which will guide the administration and enforcement of the Fair Labor Standards Act of 1938 (52 Stat. 1060, as amended, 29 U.S.C. 201219), and the Walsh-Healey Public Contracts Act (49 Stat. 2036, as amended; 41 U.S.C. 35-45), as affected by the Portal-to-Portal Act of 1947 (Pub. Law 49, 80th Cong.), the following policy is announced effective June 30, 1947:

(b) The investigation, inspection and enforcement activities of all officers and agencies of the Department of Labor as they relate to the Fair Labor Standards Act (52 Stat. 1060, as amended, 29 U.S.C. 201-219) and the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U.S.C. 35-45), will be carried out on the basis that all employers in all industries whose activities are subject to the provisions of the Fair Labor Standards Act (52 Stat. 1060, as amended; 29 U.S.C. 201-219) or the Walsh-Healey Public Contracts Act (49 Stat. 2036, as amended; 41 U.S.C. 35-45) are responsible for strict compliance with the provisions thereof and the regulations issued pursuant thereto.

(c) Any statements, orders, or instructions inconsistent herewith are

rescinded.

[12 F.R. 3916, June 17, 1947. Redesignated at 24 F.R. 10952, Dec. 30, 1959]

NOTE: The text of § 50-210.0 General enforcement policy is identical to that of § 775.0 under 29 CFR Chapter V.

§ 50-210.1

Coverage under the WalshHealey Public Contracts Act of truck drivers employed by oil dealers.

(a) The Division of Public Contracts returns to the interpretation contained in Rulings and Interpretations No. 21 with respect to coverage under the Walsh-Healey Public Contracts Act of truck drivers employed by oil dealers, by amending section 40(e) (1) of Rulings and Interpretations No. 31 to read as follows:

(1) Where the contractor is a dealer, the act applies to employees at the central distributing plant, including warehousemen, compounders, and chemists testing the lot out of which the Government order is filled, the crews engaged in loading the materials in vessels, tank cars or tank wagons for shipment, and truck drivers engaged in the activities described in section 37 (m) above. However, the contractor is not required to show that the employees at the bulk stations, including truck drivers, are employed in accordance with the standards of the act. (Balk stations as the term is used herein are intermediate points of storage between a central distributing plant and service stations.)

[12 F.R. 2477, Apr. 17, 1947. Redesignated at 24 F.R. 10952, Dec. 30, 1959]

1 Not filled with the Office of the Federal Register.

Refers to Rulings and Interpretations No. 3.

§ 51-1.1

Definitions.

As used in this part:

(a) "Blind" means a person having visual acuity not to exceed 20/200 in the better eye with correcting lenses; or visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.

(b) "Non-profit-making agency for the blind" (hereinafter referred to as "agency for the blind") means any organization, organized under the laws of the United States or any State, operated in the interest of the blind, the net income of which does not inure in whole or in part to the benefit of any shareholder or individual and which employs blind persons to an extent constituting not less than 75 percent of the total hours of employment of all personnel engaged in the direct labor of manufacturing, assembling, or handling of all articles by the agency for the blind, whether for this program or otherwise. Direct labor includes all work required for preparation, processing and packing, but not supervision, administration, inspection and shipping.

(c) "Ordering office" means any Federal department, independent establishment, board, commission, bureau, service, or division of the United States, and any wholly-owned Government corporation.

[26 F.R. 3641, Apr. 28, 1961, as amended at 29 F.R. 5796, May 1, 1964]

§ 51-1.2 Policy.

By the Wagner-O'Day Act of June 25, 1938 (52 Stat. 1196; 41 U.S.C. 46-48), all Federal departments and agencies are required to purchase their requirements of brooms, mops and other suitable commodities from agencies for the blind unless such commodities are available for procurement from Federal Prison Industries, Inc.

§ 51-1.3 National Industries for the Blind designated.

National Industries for the Blind (hereinafter referred to as "National Industries") is designated as the agency to facilitate the equitable distribution of Government orders among the agencies for the blind.

§ 51-1.4 Responsibilities of National

Industries.

(a) National Industries is delegated the responsibility to assure that these regulations and the intent of the Wagner-O'Day Act are carried out in the allocation of Government orders to agencies for the blind.

(b) National Industries will maintain a record of all qualifying agencies for the blind and such necessary data as will enable it to equitably allocate orders among such agencies for the blind.

(c) While safety and other working conditions at facilities of the agencies for the blind are the responsibility of other Federal, State, and local regulatory agencies, National Industries should report to the government body of the agency for the blind any violation coming to its attention which cannot be corrected through discussion with the head of the agency for the blind involved. § 51-1.5 Schedule of Blind-Made Prod

ucts.

The Committee on Purchases of BlindMade Products (hereinafter referred to as the "Committee") will issue to ordering offices, through the Federal Supply Service, General Services Administration, a Schedule of Blind-Made Products (hereinafter referred to as the "Schedule") setting forth data concerning commodities which will be procured from the agencies for the blind. Such data will include the item description, covering specifications, price, and other perti

nent information.