Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0530 - Violations for Which a Civil Penalty May Be Assessed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commissioner may assess a civil
			 penalty for each violation of any provision of the Prevailing Wage Rate Law
			 (ORS 279C.800 to
			 279C.870) and for each violation
			 of any provision of the administrative rules adopted under the Prevailing Wage
			 Rate Law.
(2) For purposes of this
			 section, a failure to pay the required prevailing rate of wage and a failure to
			 pay required fringe benefits are separate violations.
(3) Civil penalties may be assessed against
			 any contractor, subcontractor or public agency regulated under the Prevailing
			 Wage Rate Law and are in addition to, not in lieu of, any other penalty
			 prescribed by law.
(4) The
			 commissioner may assess a civil penalty against a contractor or subcontractor
			 for any of the following violations:
(a)
			 Failure to pay the applicable prevailing rate of wage in violation of ORS
			 279C.840;
(b) Failure to pay the applicable hourly
			 fringe benefit rate of wage in violation of ORS
			 279C.840;
(c) Failure to pay all wages due and owing to
			 the contractor's or subcontractor's workers on the regular payday established
			 and maintained under ORS
			 652.120 in violation of ORS
			 279C.840(1).
(d) Failure to post the applicable prevailing
			 wage rates in violation of ORS
			 279C.840(4);
(e) Failure to post the notice describing the
			 health and welfare or pension plans in violation of ORS
			 279C.840(5);
(f) Failure to include a provision in a
			 subcontract that workers shall be paid not less than the specified minimum
			 hourly rate of wage in violation of ORS
			 279C.830(1)(c);
(g) If a public works project is subject to
			 both ORS 279C.800 to
			 279C.870 and to the Davis-Bacon
			 Act (40 U.S.C. 3141 et
			 seq.), failure to include a provision in a subcontract that workers must be
			 paid not less than the higher of the applicable state or federal prevailing
			 rate of wage in violation of ORS
			 279C.830(1)(d);
(h) Failure to include in a subcontract,
			 either between a contractor and a subcontractor, or between a subcontractor and
			 another subcontractor, a provision requiring the subcontractor to have a public
			 works bond filed with the Construction Contractors Board before starting work
			 on the project, unless exempt, in violation of ORS
			 279C.830(2);
(i) Failure to file with the Construction
			 Contractors Board a public works bond, as required under ORS
			 279C.836, before starting work
			 on a contract or subcontract for a public works project subject to the
			 provisions of ORS 279C.800 to
			 279C.870;
(j) Failure to verify that a subcontractor
			 has filed a public works bond as required or has elected not to file a public
			 works bond under ORS 279C.836 prior to permitting a
			 subcontractor to start work on a public works project;
(k) Failure to file certified statements in
			 violation of ORS 279C.845;
(l) Filing inaccurate or incomplete certified
			 statements in violation of ORS
			 279C.845;
(m) Failure to retain 25 percent of the
			 amount the first-tier subcontractor earned when the first-tier subcontractor
			 fails to submit payroll and certified statement forms to the public agency in
			 violation of ORS 279C.845;
(n) Reducing an employee's pay in violation
			 of ORS 279C.840(7);
(o) Taking action to circumvent the payment
			 of the prevailing wage, other than subsections (k) and (m) of this section, in
			 violation of ORS 279C.840(7);
(p) Failure to submit reports and returns in
			 violation of ORS 279C.815(3);
(q) Failure to certify the accuracy of
			 reports and returns in violation of ORS
			 279C.815(3);
(r) Failure to timely pay the fee required by
			 ORS 279C.825 on public works
			 contracts first advertised or solicited prior to January 1, 2008;
(s) Receiving a public works contract or
			 subcontract while on the list of ineligibles in violation of ORS
			 279C.860;
(t) Awarding a contract to a contractor or
			 subcontractor whose name appears on the list of ineligibles maintained pursuant
			 to ORS 279C.860;
(u) Failure to contribute fringe benefit
			 wages timely to a trustee or to a third person pursuant to a plan, fund or
			 program on a "regular basis" and "not less often than quarterly," as those
			 terms are defined in OAR
			 839-025-0043.