BUREAU OF PUBLIC ROADS

LABOR COMPLIANCE MANUAL

PART 1

CHAPTER 100

INTRODUCTION, DEFINITIONS, AND ABBREVIATIONS

100-1: This manual is intended to provide, in a convenient form, instructions and procedures for supervising the administration of the labor standards requirements of the laws regulations and contract provisions which are applicable to direct Federal and Federal-aid construction contracts which are subject to inspection and approval of the Bureau of Public Roads, United States Department of Transportation, as well as to provide guidance to the State and Federal personnel charged with the direct administration of such contracts. Its format has been so arranged as to facilitate its practical use both as a field manual containing factual examples, as well as an administrative manual containing the rules and regulations which govern the various fact patterns which may arise.

100-2: It is the responsibility of Federal Highway Administration personnel to carry out the duties imposed by law on the Secretary of Transportation, or by regulation on the Secretary or Federal Highway Administrator, and to insure compliance with such provisions of law as the prevailing wage requirements of Section 113, title 23, United States Code, or the requirements of such regulations as the Secretary of Labor's "Copeland Act Regulations" (29 Code of Federal Regulations, Part 3), etc. The State highway department or the county or municipality by arrangement with the State highway department, as the contracting agency, is primarily responsible for obtaining compliance with the labor standards provisions of the contract. To enable the contracting officer to accomplish his responsibility for obtaining such compliance, the contractor and the project inspectors must fully understand the basic requirements of these contract

provisions, and must also perform specific duties.
Each project engineer and his staff must realize that
the labor standards provisions are to be enforced
and inspected in the same manner as all other provisions
of the contract.

100-3:

Effective administration and enforcement of the labor standards provisions should result in savings both to the Government and the contractor. Failure of a contractor to comply with the labor standards may result in extensive investigations and may require the imposition of penalties, termination of the contract, debarment from further Federal or federally aided contracts for a specified period of time, and, in some cases, criminal action.

100-4: Pursuant to Reorganization Plan No. 14 of 1950 (title 5, United States Code, Appendix), the Secretary of Labor is responsible for promulgating the standards, regulations and procedures to be observed by the various Federal and State agencies responsible for the administration, or supervision of the administration of the Federal labor standards provisions. These procedures, however, do not change, in any way, the contractual relationship which exists between the contractor and the contracting agency, except to reserve final ruling with respect to suspected violations of these provisions to the Secretary of Labor or the Federal Highway Administrator, as appropriate. They do not change the administrative responsibility of the States as appropriate) with respect activity necessary to carry regulations and procedures. all members of the Federal Highway Administration organization and of the State highway department organizations to cooperate fully with representatives of the Department of Labor to attain effective and orderly

(or counties or municipalities, to the actual enforcement into practice these standards, It is, then, incumbent on

administration of this area of mutual concern to all parties.

100-5: It is hoped that this manual will serve as a
guide to field personnel who deal with labor compliance
matters. The Regional Federal Highway Administrator or
the division engineer may find it necessary to supplement
the procedures contained in this manual. The manual
will be revised from time to time, and any suggestions
submitted which will improve it will be incorporated.

100-6: Enforcement of labor standards requires the exercise of ingenuity, initiative and good judgment, and the conscientious cooperation of all concerned. Through such effort, we can insure the success of this program.

100-7 Definitions:

100-7.1

100-7.2

Convict: The term convict is defined as
any person undergoing a sentence of
confinement pursuant to the order of a
court. It does not include persons who
are on regular parole or probation or
persons released from confinement on a
daily basis, under a statutory State or
Federal "Work-Release" program, to work
on a construction project as a laborer
or a mechanic for a contractor or sub-
contractor. Persons thus released must
not be placed under guard or treated
in any way as convicts while at work
on or in transit to and from the proj-
ect.

Building or Work: These terms generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains,

power lines, pumping stations, railways, airports,

100-7.2 Continued

100-7.3

100-7.4

100-7.5

terminals, docks, piers, wharves, ways, jetties, breakwaters, levees, canals, dredging, shoring, scaffolding, drilling, blasting, excavating, clearing and landscaping.

Construction, Prosecution, Completion or Repair: These terms mean all types of work done on a particular building or work at the site

thereof, including, without limitation, altering, remodeling, painting and decoration, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor.

Employed-Receiving Wages: Every person paid
by a contractor or subcontractor in any manner
for his labor in the construction, prosecu-
tion, completion or repair of a public building
or public work, or building or work financed
in whole or in part by loans or grants from
the United States is "employed" and "receiving
wages" regardless of any contractual relationship
alleged to exist between him and the real
employer.

Contracting Officer: The term "contracting
officer" means the person executing the con-
struction contract on behalf of the Federal
or the State government and may include a
duly appointed successor or authorized
representative.

100-7.6 Agency or Federal Agency: This term generally refers to the Federal Highway Administration or the Bureau of Public Roads unless designated otherwise.