(2) Require the person who filed such reports or documents, to furnish such copies or information and data directly to the State agency thus designated.

(c) Section 2.9, governing withdrawal of originals and copies of Departmental records, shall not apply to the examination, inspection or furnishing of copies of reports and documents as provided by paragraph (a) of this section.

(61 Stat. 156, 72 Stat. 1002, 73 Stat. 529, 530; 29 U.S.C. 181, 307, 438, 461) [26 F.R. 7729, Aug. 18, 1961]

§ 2.5

Bureau of Labor Statistics.

(a) No investigator, statistician, economist or other officer or employee of the Bureau of Labor Statistics shall testify on behalf of any party at any cause pending in any court or before any board, commission, or other administrative agency of the United States or of any State, Territory or the District of Columbia, with respect to any information, facts or other matter entrusted to him in confidence in such a manner as to reveal the identity of the person, firm, or corporation to whom the information, facts or other matters pertain, whether in answer to a subpoena or otherwise.

(b) Whenever any subpoena shall have been served upon any such investigator, statistician, economist, or other officer or employee of the Bureau of Labor Statistics, he will, unless otherwise expressly directed, appear in court in answer thereto and respectfully decline to give the testimony called for, on the ground of being prohibited therefrom by the regulations of the Labor Department.

(c) No exceptions will be made without the written consent of the Secretary. [10 F.R. 4232, Apr. 20, 1945. Redesignated at 13 F.R. 8639, Dec. 29, 1948]

OFFICIAL RECORDS, OPINIONS, AND ORDERS § 2.6 Official records; availability for inspection.

(a) All papers and documents made a part of the official record in agency proceedings conducted by the Department of Labor in connection with the issuance, amendment or repeal of regulations or determinations having general or industry-wide effect, shall be made available for public inspection at reasonable times during business hours, upon request addressed to the issuing bureau or agency of the Department or to the Office of the Solicitor, Department of Labor Building, Washington 25, D. C.

(b) Papers and documents made a part of the official record in connection with the making of determinations addressed to named persons, except insofar as such materials are made available to public inspection pursuant to § 2.7, and reports and returns required to be filed with the Department of Labor, shall be made available for inspection at reasonable times during business hours, upon written request therefor, addressed to the Secretary of Labor, Department of Labor Building, Washington 25, D. C., to persons properly and directly concerned. Such request must set forth (1) the interest of the applicant in the subject matter, and (2) a description of the specific materials desired to be inspected. Any such request will be denied as to any papers, documents, reports, or returns for good cause found by the Secretary or his duly authorized representative to be confidential.

(c) When permission to inspect records is granted, arrangements will be made where practicable for inspection of such records at regional offices of the Department.

[11 F.R. 177A-339, Sept. 11, 1946; 11 F.R. 13911, Nov. 28, 1946. Redesignated at 13 F.R. 8639, Dec. 29, 1948]

§ 2.7 Opinions and orders; availability for inspection.

All final opinions or orders in the adjudication of cases (except those required for good cause to be held confidential and not cited as precedents) and all rules, as defined in the Administrative Procedure Act (60 Stat. 237; 5 U.S.C. 1001 et seq.), issued by the Department of Labor will be made available for public inspection at reasonable times during business hours. Persons desiring to inspect such material may communiIcate with the Solicitor of Labor or the Director of Information, Department of Labor Building, Washington 25, D.C., or the regional attorney at the nearest regional office of the Department of Labor. [11 F.R. 177A-339, Sept. 11, 1946; 11 F.R. 13911, Nov. 28, 1946. Redesignated at 13 FR. 8639, Dec. 29, 1948]

negligent or wrongful act or omission of any employee of the Department of Labor while acting within the scope of his office or employment under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occurred may be presented in writing to the Solicitor of Labor, United States Department of Labor, Washington 25, D.C., or to any regional or branch office of the Solicitor, by the claimant in his own right or through an attorney at any time within 2 years after such claim has accrued. If the claim is presented through an attorney, such presentation should be accompanied by duly authenticated powers of attorney. Each claim presented should include a sworn detailed statement of the facts and such affidavits, vouchers, bills, and other documents as the claimant deems appropriate for the proper determination of his claim. If, after investigation, the Solicitor determines on the basis of all the evidence that compensation is due the claimant under the Federal Tort Claims Act, the amount so found, together with such reasonable attorney's fees as may be allowed, will be paid by the Secretary of Labor.

(Interpret or apply 28 U.S.C. 2672) [25 F.R. 13228, Dec. 22, 1960]

§ 2.9 Withdrawal of originals and copies from Departmental records.

(a) Originals. No account, letter, record, file, or other document or paper in the custody of the Department, or of any bureau, office or officer thereof, shall on any occasion be taken or withdrawn by any agent, attorney, or other person not officially connected with the Department; no exception will be made without the written consent of the Secretary or his duly authorized representative.

(b) Copies. Copies of accounts, letters, records, files and other documents or papers shall not be furnished to any person except with the written consent of the Secretary or his duly authorized representative. Such written consent will be granted only to such persons as may have a personal material interest in the subject matter of the papers or at their request. Applications for copies of documents, accounts, records or files should be made to the Secretary and should be accompanied by an affidavit setting forth the interest of the applicant

and showing the reason why and the purpose for which the copies are desired. Except where requests are made by the Attorney General under section 188 of the Revised Statutes (5 U. S. C. 91, 1952 ed.) for evidence touching the claims of persons suing the United States in the Court of Claims, copies of accounts, letters, documents, records, or other papers desired by or on behalf of parties to causes pending in any court shall be furnished only to the court on an order or a rule of the court requesting the Secretary to furnish the same, and then only when the production of such copies will not, in the judgment of the Secretary or his duly authorized representative, be prejudicial to the Government or the public interest. No exception will be made without the written consent of the Secretary or his duly authorized representative.

[19 F.R. 1902, Apr. 3, 1954]

§ 2.10 Officers authorized to sign and issue certificates of authentication.

Authority is hereby given to any officer or officers of the Department of Labor designated as Authentication Officer or officers of said Department to sign and issue certificates of authentication under the seal of the Department of Labor. The form of authentication shall be as follows:

EMPLOYEE WELFARE OR PENSION BENEFIT PLANS

§ 2.11 Filing of copies of the description of employee welfare or pension benefit plans and copies of each annual report thereon under section 8 of the Welfare and Pension Plans Disclosure Act.

(a) The administrator of any employee welfare benefit plan, or of any employee pension benefit plan, or of any plan combining benefits of both types, which plan is subject to the provisions of the Welfare and Pension Plans Disclosure Act, as amended by the Welfare and Pension Plans Disclosure Act

Amendments of 1962 (hereinafter referred to as the Act), shall file with the Office of Welfare and Pension Plans, United States Department of Labor, Washington 25, D.C., two copies of the description of each such plan, and two copies of each annual report thereon. Plans otherwise covered under section 4 of the Act having not more than 25 participants are not required to file a plan description, and such plans having fewer than 100 participants are not required to file an annual financial report, provided however, that with respect to the exemption set out herein for filing annual financial reports, the Secretary of Labor, after investigation, may require the administrator of any plan otherwise covered and not exempt under the Act to publish such annual report when necessary and appropriate to carry out the purposes of the Act.

(b) The description of each plan shall contain the information and documents required by section 6 of the Act, and each annual report thereon shall contain the information required by section 7 of the Act. Each of the copies of the description of each such plan submitted to the Office of Welfare and Pension Plans for filing shall be signed and sworn to by the administrator of the plan. Each copy of each annual report with respect to each such plan shall be signed by the administrator thereof. In addition, each copy of the annual report shall be sworn to by the administrator, or certified to by an independent certified or licensed public accountant based upon a comprehensive audit conducted in accordance with accepted standards of auditing. No audit is required of the books or records of any bank, insurance company, or other institution providing an insurance, investment or related function for the plan, if such books or records are subject to examination by an agency of the Federal Government, or the government of any State.

(d) Copies of the United States Department of Labor Form D-1 are available to administrators of plans and will be furnished upon request directed to the Office of Welfare and Pension Plans, United States Department of Labor, Washington 25, D.C.

(e) The required publication and filing of each annual report shall be made on United States Department of Labor Form D-2, entitled "Employee Welfare or Pension Benefit Plan Annual Report Form" in such detail as is required therein, except that: (1) Where more than one employer contributes to the plan, an attachment identifying each contributing employer and showing the amount contributed by each such employer shall be submitted with the report; (2) on Exhibit B-1 (where required) assets in real estate other than real estate loans and mortgages or operated real estate shall be set out and identified as such in item 10 "other assets" (the value of such assets should not be included in item 7 "other investment assets"); (3) it is no longer necessary to use column 3 of Exhibit B-1 and Table A of Exhibit C of Form D-2 (the reason for this is that under the 1962 amendments the assets invested in securities or properties of the employer or employee organization, or any other party in interest should be valued on the basis regularly used in valuing investments held in the fund and reported to the United States Treasury Department, or if such a statement is not required to be filed with the United States Treasury Department, such assets should be valued at their aggregate cost or present value, whichever is lower); and (4) the Guide accompanying Form D-2 is hereby revoked, and the instructions appearing on and accompanying such Form are hereby revoked insofar as they are inconsistent with the Act (as amended) and this § 2.11. Attention is called to the fact that the term "party in interest" is now specifically defined by the Act to mean “any administrator, officer, trustee, custodian, counsel, or employee of the employee welfare benefit plan or pension benefit plan, or a person providing benefit plan services to any such plan, or an employer any of whose employees are covered by such plan or officer or employee or agent of such employer, or an officer or agent or em

ployee of an employee organization having members covered by such plan." 1 (f) Copies of United States Department of Labor Form D-2 will be furnished to administrators of plans upon receipt by the Office of Welfare and Pension Plans of information which is submitted for initial filing as a description of the plan. After the initial annual report for each plan has been submitted for filing, and within a sufficient period of time prior to the date each succeeding annual report is required to be filed, administrators of plans will reccive from the Office of Welfare and Pension Plans, copies of United States Department of Labor Form D-2. Additional copies of United States Department of Labor Form D-2 will be furnished to administrators of plans upon request directed to the Office of Welfare and Pension Plans, United States Department of Labor, Washington 25, D.C.

(g) Copies of the descriptions of such plans shall be filed with and received by the Office of Welfare and Pension Plans, United States Department of Labor, Washington 25, D.C., within 90 days after the establishment of such plan, or within 90 days after the time the plan becomes subject to the requirements of the Act. Whenever any amendment or modification of any such plan, reflecting changes in the data and information included in the original plan, other than data and information also requirel to be included in annual reports under section 7 of the Act, is made, two copies shall be filed with the Office of Welfare and Pension Plans within 60 days after the change has been effectuated. Such amendments shall be filed with the Office of Welfare and Pension Plans either by submitting the additional information properly executed and labelled "to be incorporated into original submission which has been marked with file number (insert file number)" or, by submitting a completely new and corrected plan description on a properly executed Form D-1. If the latter method is adopted, the administrator shall check the box indicating "amended filing" on Form D-1, or otherwise identify the submission as a revised filing.

(h) Copies of each annual report with respect to each such plan, shall be filed with and received by the Office of Welfare and Pension Plans, United States

1 The Bureau of the Budget has no objection to the revisions of the reporting requirements contained in this regulation.

Department of Labor, Washington 25, D.C., within 150 days after the end of the calendar year, or if the records of the plan are kept on a policy or other fiscal year basis, within 150 days after the end of such policy or fiscal year.

(i) The Office of Welfare and Pension Plans will acknowledge in writing the receipt of documents submitted for filing as copies of the description of a welfare or pension benefit plan, and will give such submission an identifying number which will be endorsed on the acknowledgment. This number shall be entered on any document subsequently submitted for filing relating to such plan and on each annual report thereon, and on any communications directed to the Office of Welfare and Pension Plans concerning such plan descriptions or annual reports.

(j) The acknowledgment by the Office of Welfare and Pension Plans of the receipt of documents submitted as copies of a description of a plan or of any amendment or modification thereto, or of an annual report, does not constitute approval thereof, or indicate that the content of such documents fulfills the requirements of the Welfare and Pension Plans Disclosure Act. [27 F.R. 4964, May 26, 1962]

3.5

3.6

Submission of weekly statements and the preservation and inspection of weekly pay-roll records.

Pay-roll deductions.

Regulations part of contract.

3.7 Opinions relating to the regulations. 3.8

Delegation to the Solicitor of Labor. AUTHORITY: §§ 3.1 to 3.8 issued under R. S. 161, sec. 2, 48 Stat. 948, as amended, sec. 2, 63 Stat. 203; 5 U. S. C. 22, 40 U. S. C. 276c, 6 U.S.C. 1332-15, note. Interpret or apply sec. 1, 46 Stat. 1494, as amended, secs. 2-6, 49 Stat. 1011, sec. 2, 48 Stat. 1246, as amended, sec. 1, 50 Stat. 888, as amended, sec. 601, 60 Stat. 1041, as amended, secs. 2-20, 60 Stat. 170, as amended, sec. 1, 62 Stat. 740, 749, secs. 102

123 F.R. 9691, Dec. 13, 1958.

As used in the regulations in this part: (a) The terms "building" or "work" 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, ships, vessels, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part.

(b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, 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.

(c) The terms "public building" or "public work" include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a federal agency.

(d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made from funds of any Federal agency and for which a Federal or State agency is a contracting party, or for which minimum wages are predetermined by Federal, State or local agencies.

(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, 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.

(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor or subcontractor as parent, subsidiary, or otherwise, and an officer or agent of such corporation.

(g) The term "Federal agency" means the United States, the District of Columbia and all executive departments, independent establishment, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.

[7 F.R. 687, Feb. 4, 1942, as amended at 7 FR. 925, Feb. 11, 1942, 7 F.R. 2591, Apr. 4, 1942, 7 F.R. 3358, May 6, 1942]

§ 3.3 Weekly statement with respect to payment of wages.

(a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer