reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0292 - Permitted Hours of Work of Minors 16 and 17 Years of Age in Agriculture

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a minor
			 who is 16 or 17 years of age is employed to operate or assist in the operation
			 of power-driven farm machinery or when such minor is employed to ride in or on
			 power-driven farm machinery as provided in OAR
			 839-021-0276 to
			 839-021-0285, notwithstanding
			 OAR 839-021-0067, the maximum number
			 of hours the minor may work may not exceed:
(a) 25 hours a week during school
			 weeks;
(b) From the last day of the
			 most recently completed school year of the district in which the minor resides
			 while employed in agriculture to the first day of the school year immediately
			 following the most recently completed school year of the district in which the
			 minor resides while employed in agriculture, 60 hours per week;
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0293 - Hours of Work When School Is in Session on a Year Around Basis

Current through Register Vol. 63, No. 7, July 1, 2024
When the schools in the school district in which the minor
				resides while employed in agriculture during the harvest season are in session
				on a year around basis and the minor is authorized by the district not to
				attend classes, for purposes of these rules, school is not in session for the
				minor.
Stat. Auth.: ORS
				  653.305 & ORS
				  653.525
Stats. Implemented: ORS
				  653.305
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0294 - Voc-Ed and Cooperative Education Programs

Current through Register Vol. 63, No. 7, July 1, 2024
When a student under 16 years of age is enrolled in a course of
				study and training in a cooperative vocational agricultural training program
				recognized by the State Board of Education, the Bureau may, upon consideration
				of the circumstances, issue a special permit authorizing the minor to work
				during the hours that school is in session. The permit will contain such
				conditions as the Bureau deems appropriate.
Stat. Auth.: ORS
				  651.060(4),
				  653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013),
				  ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0297 - Parental Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding any other rule, minors of any age may be employed by their
			 parent or person standing in the place of their parent at any time in any
			 occupation on a farm owned or operated by their parent or person standing in
			 the place of their parent.
(2) A
			 person standing in the place of a parent includes the following persons:
(a) Grandfather, grandmother, uncle, aunt,
			 brother or sister;
(b) A person
			 who, having custody or control of the minor, is responsible for the minor's
			 care and financial support;
(c) An
			 agricultural employer who employs a minor in agriculture while the minor lives
			 and works on a farm during any school vacation period of three weeks or more.
(A) The employment arrangement must be agreed
			 to by the agricultural employer and the parents, or other persons having
			 custody or control of the minor; and
(B) A copy of the agreement must be filed
			 with the Bureau.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0300 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				839-021-0300 to 839-021-0380
				unless the context requires otherwise:
(1) "Employment of Minors in the
			 Entertainment Industry" shall include engagements as an entertainer or
			 performer in motion pictures, television, radio, still photography, recording,
			 modeling, theatrical appearances, rodeos, musical performances and any other
			 activity wherein minors perform to entertain the public. Such employment shall
			 not include appearances in school activities, church pageants or other
			 appearances where minors are not employed as an entertainer or performer.
			 (Performances arising as a result of lessons or classes, for example, are not
			 normally considered to be employment.)
(2) "Long Term Employment" means employment
			 lasting or contemplated to last more than five working days.
(3) "Short Term Employment" means employment
			 lasting or contemplated to last five working days or less.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.305
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0305 - Application of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 839-021-0001 to
				839-021-0285 shall apply to the
				employment of minors in the entertainment industry. However, when there is a
				conflict between OAR 839-021-0001 to
				839-021-0285 and
				839-021-0300 to 839-021-0380,
				the latter shall apply.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.305
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0310 - Employment Certificates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 minors are employed in the entertainment industry in long term employment,
			 employers must obtain employment certificates in accordance with OAR
			 839-021-0220 to
			 839-021-0248.
(2) When minors are employed in the
			 entertainment industry in short term employment, employers may obtain a special
			 permit pursuant to OAR
			 839-021-0255 or an Employment
			 Certificate in accordance with OAR
			 839-021-0220 to
			 839-021-0248.
(3) A registered employer (see OAR
			 839-021-0320) is not required to
			 obtain a special permit for minors employed in short term employment when all
			 of the following conditions are met:
(a) The
			 employment is in connection with the production of commercial advertising in
			 any media including, but not limited to, radio, television, newspaper or
			 magazines; or
(b) The employment is
			 in connection with films or other entertainment productions which are produced
			 for education, training, or institutional purposes or documentaries;
			 and
(c) The employment does not
			 exceed the hours specified in OAR
			 839-021-0335; and
(d) The duties to be performed are not
			 prohibited by any law or rule; and
(e) The permission of a parent has been
			 obtained.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0315 - Special Hours Variances for Entertainment Industry Employers

Current through Register Vol. 63, No. 7, July 1, 2024
Employers, including employers registered under OAR
				839-021-0320, must apply for a
				special hours variance when the contemplated employment will exceed the maximum
				hours prescribed in OAR
				839-021-0335. Employers must
				address a letter application to the Bureau of Labor and Industries setting out
				the full and complete circumstances of the proposed employment and the reasons
				why a special hours variance is being requested.
Statutory/Other Authority: ORS
				  651.060, ORS
				  653.040, ORS
				  653.261 & ORS
				  653.305
Statutes/Other Implemented: ORS
				  653.261, ORS
				  653.305, ORS
				  653.307 & ORS
				  653.400
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0320 - Registration of Employers of Minors in the Entertainment Industry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 circumstances involving the employment of minors in short term employment,
			 employers may satisfy the requirements of OAR
			 839-021-0310 by obtaining a
			 registration certificate.
(2)
			 Employers may apply for a registration certificate at any time and may apply to
			 renew their registration by July 1 of each year. The registration will be
			 effective through the following June 30.
(3) To register, an employer may obtain an
			 application form from any office of the Bureau. Upon completion, the
			 application must be filed with the Child Labor Unit of the Wage and Hour
			 Division. The application form will be prescribed by the Bureau and will
			 include, but not be limited to, space for:
(a) The employer's name, permanent address,
			 and telephone number; and
(b) The
			 Oregon address and telephone number if different from permanent address and
			 telephone number; and
(c) A contact
			 person's name, address and telephone number; and
(d) A brief history of company; and
(e) A description of the kinds of events,
			 activities, or productions contemplated which may involve the employment of
			 minors in short term employment; and
(f) An estimate of the ages and number of
			 minors that may be employed in short term employment; and
(g) A brief description of the types of work
			 expected of such minors; and
(h) A
			 statement that the employer agrees to comply with the provisions of ORS
			 653.010 to
			 653.545, OAR 839-021-0001 to
			 839-021-0500 and any terms and
			 conditions specified by the Bureau;
(i) Name and address of workers' compensation
			 insurer and policy or binder number;
(j) Other information as will assure the
			 Bureau that employment of minors by the employer will be in compliance with any
			 law or rule concerning the employment of minors; and
(k) The signature of the applicant.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0325 - School Releases, Instruction Requirements and Waivers for Minors Employed in the Entertainment Industry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The employer must obtain a release from
			 the Superintendent, or designee, of the school district in which the minor's
			 school is located, when the employment requires the minor's absence from school
			 for more than five days.
(2) The
			 employer must provide minors under 16 years of age with no less than three
			 hours of instruction per day, excluding Saturday and Sunday. The instruction
			 must be provided by a teacher certified to teach in Oregon or, when the minors
			 travel to Oregon from another state, certified to teach such minors in the
			 state where the minors normally attend school. The instruction must be provided
			 under the following circumstances:
(a) When
			 the school the minor is attending is in session; and
(b) When the employment requires the minor's
			 absence from school for more than five days.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0330 - Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The employer
			 must provide appropriate care and supervision of each minor at all times during
			 the minor's employment.
(2) The
			 employer must provide a sufficient number of supervisors to ensure the safety
			 of the minors employed. The following number of supervisors is considered to be
			 sufficient to ensure the safety of the minors:
(a) At least one supervisor for nine or fewer
			 minors employed;
(b) At least one
			 supervisor for each multiple of ten, or part thereof, minors employed;
(c) The Bureau may require a
			 greater or lesser number of supervisors as individual circumstances warrant.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0335 - Working Hours of Minors Employed in the Entertainment Industry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No minor may be
			 employed to work more than six consecutive days.
(2) For purposes of determining the number of
			 consecutive days of work, the following days will be considered as work days:
(a) Days when the transportation of the minor
			 is more than four hours duration;
(b) Days the minor attends school and does
			 not work.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0340 - Rest Periods

Current through Register Vol. 63, No. 7, July 1, 2024
Employers shall provide minors with rest periods as prescribed
				by OAR 839-021-0072(2).
Stat. Auth.: ORS
				  651.060(4),
				  653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013),
				  ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0345 - Meal Periods

Current through Register Vol. 63, No. 7, July 1, 2024
Employers shall provide minors with meal periods as prescribed
				by OAR 839-021-0072(1).
Stat. Auth.: ORS
				  651.060(4),
				  653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013),
				  ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0350 - Other Working Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Employers shall, at any time, allow parents or legal guardians access to their
			 minor children employed in the entertainment industry.
(2) Employers must provide the following:
(a) A safe and secure place for minors to
			 rest and play; and
(b) Suitable
			 nursery and rest facilities.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0355 - Prohibited Performances of Minors Employed in the Entertainment Industry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No employer may
			 employ a minor in the entertainment industry in any occupation declared
			 particularly hazardous pursuant to OAR
			 839-021-0102 and
			 839-021-0104 or in employment
			 prohibited by 839-021-0097 and
			 839-021-0276 to
			 839-021-0285. However, a safe
			 simulation of such employment may be allowed.
(2) Minors under fifteen days of age may not
			 be employed in the entertainment industry.
(3) Minors under one year of age may not be
			 employed in the entertainment industry unless the employer can demonstrate a
			 need for such minor. A separate letter of application must be submitted to the
			 Bureau setting forth the details of the needed employment. The letter must
			 include:
(a) A complete description of the
			 action in which the minor is expected to participate; and
(b) Certification that the minor will not be
			 engaged for longer than the hours allowed by OAR
			 839-021-0335; and
(c) A signed statement from the minor's
			 parent permitting the employment; and
(d) A signed statement from a physician
			 licensed by the Oregon State Board of Health attesting that the minor is
			 physically able to perform the expected duties. The physician's statement must
			 be accompanied by the physician's complete address and the physician's
			 agreement to furnish the Bureau of Labor and Industries with any or all of the
			 information necessary to confirm the particulars of such statement.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0360 - Special Permit, Hours Variance or Employment Certificate May Be Refused

Current through Register Vol. 63, No. 7, July 1, 2024
When it appears to the Bureau that the proposed employment
				would be prohibited by OAR
				839-021-0355, the Bureau may
				refuse to issue any special permit, hours variance or employment certificate.
Stat. Auth.: ORS
				  651.060(4),
				  653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013),
				  ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0365 - Required Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employers,
			 including registered employers, employing minors in long-term employment and
			 unregistered employers employing minors in short-term employment must maintain
			 the following records for a period of two years from the date of initial
			 employment:
(a) Name, address and telephone
			 number of all minors employed;
(b)
			 Total hours worked each day and each week;
(c) Daily starting and quitting time;
(d) Age of each minor;
(e) Date authorized to employ such minors by
			 the Bureau;
(f) Rate of wage and
			 total wages paid each week;
(g)
			 Any deductions, rebates or refunds taken from an employee's total wages and the
			 net amount of wages paid;
(h) Any
			 payroll or other such records pertaining to the employment of minors.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0370 - Records Availability

Current through Register Vol. 63, No. 7, July 1, 2024
All employers must make available to representatives of the
				Wage and Hour Division of the Bureau, records necessary to determine whether
				the employer is complying with OAR
				839-021-0300 to
				839-021-0375. Such records
				include, but are not limited to, the records described in OAR
				839-021-0365. Such records must
				be made available to such representatives for inspection and transcription
				during normal business hours.
Stat. Auth.: ORS
				  651.060(4),
				  653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013),
				  ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0375 - Posting

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to other postings required by law, registered
				employers must post the Registration Certificate in a conspicuous place at
				their place of business.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.315(4)
				  & ORS 653.320(4)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0490 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 any civil penalties which may be assessed by the Commissioner pursuant to ORS
			 653.370, the Bureau may, at its
			 discretion, revoke the right of an employer to hire minors in the future if it
			 is determined by the Bureau that the employer has failed to comply with the
			 provisions of 653.305 to 653.340 or with OAR 839-021-0210 to
			 839-021-0248.
(2) Prior to the revocation of the right to
			 employ minors in the future an employer may request a contested case hearing
			 pursuant to the Administrative Procedures Act (ORS Chapter 183).
Stat. Auth.: ORS
				  651.060(4),
				  653.261 \
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013),
				  ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0500 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of ORS
				653.305 to
				653.370 and OAR 839-021-0001 to
				839-021-0500 do not apply to
				employers employing minors in the following work or occupations:
(1) Domestic work or chores in or about a
			 private residence.
(2) Newspaper
			 carrier.
(3) Newspaper
			 vendor.
(4) Persons under 18 years
			 of age serving as a referee or assistant referee in a youth or adult
			 recreational soccer match.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.315 & ORS
				  653.355
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0000 - Notice of Proposed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to the permanent adoption, amendment, or repeal of any rule relating to
			 Prevailing Wage Rates on Public Works, the Bureau of Labor and Industries must
			 give notice of intended action as required in OAR
			 839-002-0002.
(2) The notice provisions in OAR
			 839-002-0002 do not apply to the
			 determination of prevailing wage rates pursuant to ORS
			 279C.815(2) or
			 to the adoption of such rates as rule amendments to OAR
			 839-025-0700 and
			 839-025-0750.
Stat. Auth.: ORS 279 &
				  651.060(4)
Stats. Implemented: ORS
				  279.348 -
				  279.380
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0003 - Forms; Availability; Submittal

Current through Register Vol. 63, No. 7, July 1, 2024
All forms referenced in these rules may be obtained on the
				Bureau's website:
www.oregon.gov/boli
.
Statutory/Other Authority: ORS
				  279C.808, ORS
				  651.060 & ORS
				  653.040
Statutes/Other Implemented: ORS
				  279C.808, ORS
				  651.060 & ORS
				  653.040
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0004 - Definitions Generally

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 839, division 25, unless the context
				requires otherwise:
(1) "Apprentice"
			 means:
(a) A person who is individually
			 registered in a bona fide apprenticeship program registered with the U.S.
			 Department of Labor, Office of Apprenticeship (OA), or with any state
			 apprenticeship agency recognized by OA, and who is employed by a registered
			 training agent pursuant to ORS
			 660.010(10) and
			 is working pursuant to the standards of the apprentice's apprenticeship
			 program; or
(b) A person in
			 probationary employment as an apprentice in such an apprenticeship program, but
			 who is not individually registered in the program, but who has been certified
			 by the OA or a state apprenticeship agency to be eligible for probationary
			 employment as an apprentice, and who is employed by a registered training agent
			 pursuant to ORS 660.010 (10)
			 and is working pursuant to the standards of the apprentice's apprenticeship
			 program.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0005 - Purpose and Procedure for Determination Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for a determination as to
			 whether a project or proposed project is a public works under ORS
			 279C.817, must meet the
			 following requirements before it will be considered by the Bureau:
(a) The request must be in writing and
			 describe all relevant details of the project or proposed project.
(b) A copy of the request must be sent to any
			 public agency known to be associated with the project at the time it is
			 submitted to the Bureau. The request must identify the public agencies
			 receiving a copy of the request.
(c) In addition to the written request, the
			 requester must provide all documents, records, and other information necessary
			 to enable the Bureau to make the determination. This information includes, but
			 is not limited to, copies of advertisements, project plans and specifications,
			 development and disposition agreements, contracts, project financing
			 information, loan agreements, and any other relevant information related to the
			 project or proposed project. When the requester is not a public agency and
			 information necessary for a determination is in the custody or control of a
			 public agency, it is the requester's responsibility to obtain the information
			 from the public agency and provide it with the request.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0006 - Purpose and Procedure for Addition of Trade

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As a result of technological advancements
			 and/or policy changes, new trades periodically emerge in the construction
			 industry. When this happens, it may be appropriate for the commissioner to add
			 such trades into the prevailing wage rate determinations. The following
			 procedure is designed to insure that new trades are included in prevailing wage
			 rate determinations when appropriate.
(2) Any person may request the addition of a
			 trade by submitting a written request to the Prevailing Wage Rate Unit. This
			 request must, at a minimum, specify:
(a) Name
			 of proposed trade;
(b) Minimum
			 education required; and
(c)
			 Description of minimum skills required and tools used.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0007 - Purpose and Procedure for Special Wage Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In planning a public works project,
			 public agencies periodically require the use of a trade not normally included
			 in wage determinations. Special wage determinations allow the commissioner to
			 recognize a trade and establish a rate for it. This procedure also allows the
			 commissioner to respond in a timely fashion to the needs of the public agency.
			 Special wage determinations are not available when the wage determination is
			 applicable.
(2) Any public agency
			 may submit a written request for a special wage determination to the Prevailing
			 Wage Rate Unit. The request must contain:
(a)
			 A written description of the work to be performed; and
(b) An identification of the requested
			 trade(s).
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0008 - List of Planned Public Improvements and Cost Analysis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, "public
			 improvement" has the meaning given that phrase in ORS
			 279A.010.
(2)
(a)
			 Each public agency must prepare and file with the Bureau a list of every public
			 improvement known to the agency that the agency plans to fund during the
			 subsequent budget period. The list must be submitted to the Bureau not less
			 than 30 days prior to the adoption of the agency's budget or before
			 construction of a public improvement begins. If the agency revises its list
			 after the adoption of its budget, the agency must file the revised list with
			 the Bureau at that time.
(b) If a
			 public agency intends to use its own equipment or personnel to perform
			 construction work on a public improvement and the estimated value of the
			 agency's construction work exceeds $200,000 (or $125,000 if the public
			 improvement involves the resurfacing of highways, roads or streets at a depth
			 of two or more inches), the agency must prepare and file with the Bureau no
			 later than 180 days before construction begins on the public improvement a cost
			 analysis that shows that the agency's decision to use its own equipment or
			 personnel conforms to the state policy that public improvements will be
			 constructed at the least cost to public agencies.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0009 - Procedure for Establishing Prevailing Wage Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Labor Commissioner shall establish
			 prevailing wage rates by:
(a) Adopting the
			 basic hourly rate of pay and fringe benefits established by a Labor
			 organization through a collective bargaining agreement in effect for that
			 locality and occupation.
(b) When
			 there are two or more collective bargaining agreements in effect for that
			 locality and occupation, the Labor Commissioner shall use the highest rate of
			 wage among collective bargaining agreements.
(c) In instances when the procedure
			 established in (a) or (b) of this subsection is not feasible, employing other
			 methods deemed appropriate by the agency may be used, including but not limited
			 to:
(A) An independent wage survey conducted
			 by the agency;
(B) The use of wage
			 and hour data from other state agencies, including the Oregon Employment
			 Department and/or Department of Revenue;
(C) The use of data from surveys performed by
			 the United States Department of Labor, Wage and Hour Division; or
(D) The use of an existing validated survey
			 that includes wage and hour data reported to the agency.
(d) For purposes of establishing the
			 prevailing wage rates, the basic hourly rate of pay, fringe benefits and any
			 hourly premium pay established by a Labor organization through a collective
			 bargaining agreement in effect for a trade or occupation in a locality may
			 cover all or a portion of that locality.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0010 - Payroll and Certified Statement Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "Public improvement project subject to
			 enhanced reporting" means a public improvement contract with a contract price
			 exceeding $3 million, that is entered into by a qualifying agency.
(b) "Public improvement contract" has the
			 meaning given that phrase in ORS
			 279A.010.
(c) "Qualifying agency" has the meaning given
			 that phrase in ORS 279C.533.
(d) "Subcontractor" means a subcontractor
			 required to report payroll certified statements under the provisions of ORS
			 279C.800 to
			 279C.870 or ORS
			 279C.533.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0013 - Notice of Public Works Form

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The notification form required by ORS
			 279C.835 is the Notice of Public
			 Works form, WH-81.
(2) Except as
			 provided in sections (4), (5), and (6) of this rule, the public agency must
			 file the Notice of Public Works form, WH-81, with the Prevailing Wage Rate Unit
			 within 30 days after the date a public works contract is awarded.
(3) The Notice of Public Works form, WH-81,
			 must be accompanied by:
(a) payment of the fee
			 required pursuant to ORS
			 279C.825; and
(b) a copy of the disclosure of first-tier
			 subcontractors submitted to the public agency by the contractor if required
			 pursuant to ORS 279C.370 and if a public agency
			 awards a contract to a contractor for a public works project.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0015 - Public Works Bonds Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise provided in ORS
			 279C.836, before starting work
			 on a contract or subcontract for a public works project of $100,000 or more, a
			 contractor or subcontractor must file with the Construction Contractors Board a
			 public works bond with a corporate surety authorized to do business in this
			 state in the amount of $30,000. For purposes of this section, "project of
			 $100,000 or more" includes, but is not limited to, the combined value of work
			 performed by every person paid by a contractor or subcontractor in any manner
			 for the person's work on the project, but does not include the value of donated
			 materials or work performed on the project by individuals volunteering to the
			 public agency without pay.
(2) The
			 Commissioner of the Bureau of Labor and Industries adopts the language in the
			 Statutory Public Works Bond set forth in Attachment A to this rule.
(3) The name of the entity as it appears on
			 the public works bond must be the same as the entity name filed at the Oregon
			 Corporation Division (if applicable).
(a) If
			 the entity is a sole proprietorship, the bond must include the name of the sole
			 proprietor;
(b) If the entity is a
			 partnership, or joint venture, the bond must include the names of all partners
			 or venturers (except limited partners);
(c) If the entity is a limited liability
			 partnership, the bond must be issued in the name of all partners and in the
			 name of the limited liability partnership;
(d) If the entity is a limited partnership,
			 the bond must be issued in the name of all general partners and in the name of
			 the limited partnership and any other business name(s) used. Limited partners
			 do not need to be listed on the bond;
(e) If the entity is a corporation or trust,
			 the bond must be issued showing the corporate or trust name; or
(f) If the entity is a limited liability
			 company, the bond must be issued in the name of the limited liability
			 company.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0020 - Public Works Contracts and Contract Specifications; Required Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule:
(a) "Construction
			 Manager/General Contractor contract" (or "CM/GC contract") means a contract
			 that typically results in a general contractor/construction manager initially
			 undertaking various pre-construction tasks that may include, but are not
			 limited to: design phase development, constructability reviews, value
			 engineering, scheduling, and cost estimating, and in which a guaranteed maximum
			 price for completion of construction-type work is typically established by
			 amendment of the initial contract, after the pre-construction tasks are
			 complete or substantially complete. "CM/GC" refers to the general
			 contractor/construction manager under this form of contract. Following the
			 design phase, the CM/GC may then act as a General Contractor and begin the
			 subcontracting process. The CM/GC typically coordinates and manages the
			 construction process, provides contractor expertise, and acts as a member of
			 the project team.
(b) "Construction
			 specifications" include the detailed description of physical characteristics of
			 the improvement, design details, technical descriptions of the method and
			 manner of doing the work, quantities or qualities of any materials required to
			 be furnished, descriptions of dimensions, required units of measurement,
			 composition or manufacturer, and descriptions of any quality, performance, or
			 acceptance requirements.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0025 - Required Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 contractors and subcontractors performing work on public works contracts
			 subject to ORS 279C.800 to
			 279C.870 shall make and maintain
			 for a period of three (3) years from the completion of work upon such public
			 works records necessary to determine whether the prevailing rate of wage and
			 overtime has been or is being paid to workers upon public works.
(2) In addition to the Payroll and Certified
			 Statement, Form WH-38, records necessary to determine whether the prevailing
			 wage rate and overtime wages have been or are being paid include but are not
			 limited to records of:
(a) The name and
			 address of each employee;
(b) The
			 work classification or classifications of each employee;
(c) The rate or rates of monetary wages and
			 fringe benefits paid to each employee;
(d) The rate or rates of fringe benefit
			 payments made in lieu of those required to be provided to each
			 employee;
(e) Total daily and
			 weekly compensation paid to each employee;
(f) The daily and weekly hours worked by each
			 employee;
(g) The written notice to
			 employees who work on a public contract of the days per week and number of
			 hours per day they may be required to work.
(h) Apprenticeship and Training
			 Agreements;
(i) Any deductions,
			 rebates or refunds taken from each employee's total compensation and actual
			 wages paid;
(j) Any payroll and
			 other such records pertaining to the employment of employees upon a public
			 work.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0030 - Records Availability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 contractor and subcontractor performing work on a public works contract shall
			 make available to representatives of the Wage and Hour Division records
			 necessary to determine if the prevailing wage rate has been or is being paid to
			 workers upon such public work. Such records shall be made available to
			 representatives of the Wage and Hour Division for inspection and transcription
			 during normal business hours.
(2)
			 The contractor or subcontractor shall make the records referred to in section
			 (1) of this rule available within 24 hours of a request from a representative
			 of the Wage and Hour Division or at such later date as may be specified by the
			 division.
(3) When a prevailing
			 wage rate claim or complaint has been filed with the Wage and Hour Division or
			 when the division has otherwise received evidence indicating that a violation
			 has occurred and upon a written request by a representative of the Division a
			 public works contractor or subcontractor shall send a certified copy of such
			 contractor's or subcontractor's payroll records to the Division within ten days
			 of receiving such request. The Division's written request for such certified
			 copies will indicate that a prevailing wage rate claim has been filed or that
			 the division has received evidence indicating that a violation has
			 occurred.
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS
				  279.348 -
				  279.380
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0033 - Posting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 contractor or subcontractor must post the prevailing wage rates applicable to
			 the project in a conspicuous place at the site of work. The posting must be
			 easily accessible to employees working on the project. Contractors may obtain a
			 copy of the applicable wage rates by contacting the Prevailing Wage Rate Unit
			 or any office of the bureau.
(2)
			 When a contractor or subcontractor provides for or contributes to a health and
			 welfare plan or pension plan for employees who are working on a public works
			 project, the contractor or subcontractor must post a notice containing the
			 following information:
(a) A description of
			 the plan or plans;
(b) Information
			 on how and where claims can be made; and
(c) Where to obtain more
			 information.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0034 - Establishing a Work Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Employers must give written notice to employees who work on a public contract
			 of the days per week and number of hours per day they may be required to
			 work.
(2) The notice required by
			 section (1) of this rule may be given:
(a) At
			 the time the employee is hired;
(b)
			 Prior to commencing work on the contract; or
(c) By posting a notice at a place frequented
			 by and accessible to employees.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0037 - Residential Construction Projects; Wage Rates; Rate Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) For residential construction projects as
			 defined in OAR 839-025-0004(27)
			 and subject to ORS 279C.800 to
			 279C.870, public agencies shall
			 use federal Davis-Bacon wage rates for residential construction projects unless
			 there is no applicable federal rate for a particular trade or classification on
			 the residential project.
(b) If the
			 applicable federal Davis-Bacon wage rate determination does not include a rate
			 for a particular trade or classification needed on a specific residential
			 construction project, and the project is subject to ORS
			 279C.800 to
			 279C.870 but not the federal
			 Davis-Bacon Act, the public agency is required to request a special wage rate,
			 identifying the specific trade or classification, pursuant to OAR
			 839-025-0007.
(c) The commissioner may consider and approve
			 a residential wage determination for a trade or classification issued by any
			 federal agency within twelve months of the date of any request for a special
			 wage rate pursuant to subsection (b) of this section.
(d) Requests for special wage rate
			 determinations for projects subject to both ORS
			 279C.800 to
			 279C.870 and the federal
			 Davis-Bacon Act shall be submitted pursuant to Title 29 CFR, Part 5.5(a)(1)(ii)
			 as amended January 9, 2017.
(e)
			 Copies of any special federal wage rate determinations requested and subsequent
			 determination(s) issued pursuant to subsection (d) of this section must be
			 provided to the commissioner by the public agency.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0038 - Use of Multiple Wage Rate Determinations on Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Bureau may authorize the use of
			 multiple wage rate determinations on projects comprised of more than one
			 construction type. For example, on a project consisting of the construction of
			 both residential units and commercial space, the Bureau may authorize
			 residential wage rates to be paid for work performed in connection with the
			 construction of the residential units pursuant to OAR
			 839-025-0037 and non-residential
			 prevailing wage rates to be paid for work performed in connection with the
			 construction of the commercial space.
(2) A public agency, developer or prime
			 contractor may request authorization to use multiple wage determinations on a
			 project. Requests for authorization to use multiple wage determinations on a
			 project must be in writing and describe all relevant details of the project or
			 proposed project.
(3) The requester
			 will be advised if the Bureau determines that multiple wage rate determinations
			 are appropriate and may be used on a project.
(4) If the Bureau determines that multiple
			 wage rate determinations may be used on a project, continued authorization to
			 use the multiple wage rate determinations shall be contingent upon compliance
			 with the following requirements:
(a) The
			 project/contract specifications must clearly delineate the portions of the
			 project subject to each applicable wage rate determination;
(b) All applicable wage rate determinations
			 must be posted at the site of work pursuant to the provisions of OAR
			 839-025-0033, with an
			 explanation of the portions of the project to which each wage rate
			 determination applies;
(c) The
			 developer or prime contractor must establish adequate controls to ensure that
			 all workers on the project are paid in accordance with the applicable wage
			 rates; and
(d) Each and every
			 contractor employing workers on the project must prepare, submit and maintain
			 accurate time and payroll records to demonstrate compliance with all wage rate
			 determinations applicable to the project.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0040 - Payment of Fringe Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each contractor and subcontractor required to pay workers the prevailing rate
			 of wage must pay no less than the hourly rate of pay and fringe benefits as
			 determined by the Commissioner.
(2)
			 The rate of pay for fringe benefits paid to apprentices and trainees shall be
			 not less than such rate paid to the majority of such apprentices and trainees
			 in the same trade or occupation as determined by the commissioner. If there is
			 no majority in the same trade or occupation, as determined by the commissioner,
			 apprentices and trainees shall be paid the full amount of the fringe
			 benefits.
(3) The requirements of
			 section (1) of this rule are met when the amount of the fringe benefit or
			 benefits is paid to the worker, in cash, in lieu of a third party administering
			 a fringe benefit or benefits program.
(4) When a contractor or subcontractor pays
			 an hourly rate of pay which exceeds that which is determined by the
			 Commissioner, the amount by which the rate is exceeded may be credited toward
			 payment of the amount of fringe benefits determined by the Commissioner for the
			 trade or occupation.
(5) When a
			 contractor or subcontractor pays a rate for any one fringe benefit which
			 exceeds that which is determined for the fringe benefit, the amount by which
			 the rate is exceeded may be credited toward payment of the amount to be paid
			 for all fringe benefits as determined by the Commissioner for the trade or
			 occupation.
(6) When a contractor
			 or subcontractor pays an amount for fringe benefits which exceeds that which is
			 determined by the Commissioner the amount by which it exceeds the determination
			 may be credited toward payment of the hourly rate of pay as determined by the
			 Commissioner.
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS
				  279.350