Oregon Administrative Code

839-021-0365 Records Required to Be Maintained by Employers of Minors in the Entertainment Industry (1) Employers, including registered employers, employing minors in long-term employment and unregistered employers employing minors in short-term employment must maintain the follo…

839-021-0370 Records Required to Be Made Available by Employers of Minors in the Entertainment Industry 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-…

839-021-0375 Posting Requirements for Employers of Minors in the Entertainment Industry In addition to other postings required by law, registered employers must post the Registration Certificate in a conspicuous place at their place of business. Statutory/Other Authority: ORS 653…

839-021-0490 Penalties That May Be Imposed for Violations of ORS 653.305 to 653.340 or OAR 839-021-0210 to 839-021-0248 (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…

839-021-0500 Exemptions 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…

839-025-0000 Notice of Proposed Rules (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 pr…

839-025-0003 Forms; Availability; Submittal 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 His…

839-025-0004 Definitions Generally 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 App…

839-025-0005 Purpose and Procedure for Determination Requests (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 …

839-025-0006 Purpose and Procedure for Addition of Trade (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 pre…

839-025-0007 Purpose and Procedure for Special Wage Determination (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 …

839-025-0008 List of Planned Public Improvements and Cost Analysis (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 th…

839-025-0009 Procedure for Establishing Prevailing Wage Rates (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 …

839-025-0010 Payroll and Certified Statement Requirements (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) “Pub…

839-025-0013 Notice of Public Works Form (1) The notification form required by ORS 279C.835 is the Notice of Public Works form, WH-81. (2)(a) Except as otherwise provided in this rule, a public agency must file the Notice of Public Works form, WH-81, with the Bureau within 30 day…

839-025-0015 Public Works Bonds Requirements (1)(a) Except as otherwise provided in ORS 279C.836, before starting work on a contract or subcontract for a public works of $100,000 or more, a contractor or subcontractor must file with the Construction Contractors Board a public wor…

839-025-0020 Public Works Contracts and Contract Specifications; Required Conditions (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 in…

839-025-0025 Required Records (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 years from the completion of work upon such public works records necessary to determine…

839-025-0030 Records Availability (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 worker…

839-025-0033 Posting Requirements (1) Every contractor or subcontractor must post the prevailing wage rates applicable to the project in a conspicuous place at the site of work and at any satellite locations. The posting must be easily accessible to employees working on the proje…

839-025-0034 Establishing a Work Schedule (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 …

839-025-0035 Payment of Prevailing Rate of Wage (1) Every contractor or subcontractor employing workers on a public works project must pay to such workers no less than the applicable prevailing rate of wage for each trade or occupation, as determined by the commissioner, in which…

839-025-0037 Residential Construction Projects; Wage Rates; Rate Determinations (1)(a) For residential construction projects as defined in OAR 839-025-0004 and subject to ORS 279C.800 to 279C.870, public agencies shall use federal Davis-Bacon wage rates for residential constructi…

839-025-0038 Use of Multiple Wage Rate Determinations on Projects (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…

839-025-0040 Payment of Fringe Benefits (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 and described in ORS 279C.800(4). (2) The rate of p…

839-025-0043 Frequency of Payment of Fringe Benefits (1) Contributions made by a contractor or subcontractor to a bona fide fringe benefit plan, fund, or program must be made on a regular basis and not less often than quarterly. (a) “Regular basis” means either the schedule of co…

839-025-0045 Youth Apprentices Youth apprentices, as defined in ORS 344.745, shall not be employed on public works projects (Reference: 344.750(5)). Statutory/Other Authority: ORS 279C.808 & ORS 651.060 Statutes/Other Implemented: ORS 279C.800 - 279C.870 History: BLI 20-2024, ame…

839-025-0050 Overtime Wages Computations (1) As used in this rule "work day" or "day" means any time period of 24 consecutive hours as determined by the employer. The beginning of the work day may be changed only if the change is intended to be permanent, if the change is made in…

839-025-0054 Exemption from Overtime Pay Requirements on Public Improvement Projects (1) As used in ORS 279C.540(4) and in this rule, unless the context requires otherwise: (a) "A collective bargaining agreement in effect" means a collective bargaining agreement which is recogniz…

839-025-0060 Apprentices Working upon Public Works Projects (1) Apprentices will be permitted to work upon a public works project at less than the prevailing rate of wage for the work performed when they are employed by a registered training agent pursuant to ORS 660.010(10), and…

839-025-0065 Trainees Working upon Public Works Projects (1) Trainees will not be permitted to work upon a public works project at less than the prevailing rate of wage for the work performed unless they are employed by a registered training agent pursuant to ORS 660.010(10) and …

839-025-0080 Liability to Workers (1) Any contractor or subcontractor or any surety thereof who fails or refuses to pay at least the prevailing wages and fringe benefits as determined by the commissioner or any overtime wages as required by ORS 279C.540 is liable to the workers a…

839-025-0085 Contract Ineligibility (1) Under the following circumstances, the commissioner, in accordance with the Administrative Procedures Act, may determine that a contractor or a subcontractor or a firm, limited liability company, corporation, partnership or association in w…

839-025-0090 List of Ineligibles (1) A contractor, subcontractor or other persons and any firm, corporation, limited liability company, partnership or association in which the contractor or subcontractor has a financial interest may not receive a contract or subcontract for publi…

839-025-0095 Removal of Names from List of Ineligibles (1) The names of the contractor, subcontractor or other persons and the names of any firm, corporation, limited liability company, partnership or association in which the contractor, subcontractor or other persons have a fina…

839-025-0100 Exemptions from ORS 279C.800 to 279C.870 (1) All public works are regulated under ORS 279C.800 to 279C.870 except as follows: (a) Projects for which the total price does not exceed $50,000. As used in this section, the price of a project includes, but is not limited …

839-025-0150 Definitions Related to Installation of Art on Public Works (1) For purposes of this rule and OAR 839-025-0155, notwithstanding the definitions in 839-025-0004: (a) “Construction,” “reconstruction,” and “major renovation” do not include the installation of applied art…

839-025-0155 Payment of Prevailing Rate of Wage for the Installation of Art on Public Works Projects (1) Workers engaged in the installation of art necessary to the structural integrity of the public work, as defined in these rules, must be paid no less than the applicable prevai…

839-025-0200 Public Works Fee (1)(a) A public agency must pay a fee to the Bureau for every contract awarded to a contractor for a public work that is regulated under ORS 279C.800 to 279C.870. (b) When a project is a public works project described in ORS 279C.800(6)(a) and no pub…

839-025-0210 Adjustment of Fees Paid by Public Agency (1) Within 30 days of the final progress payment to the contractor by the public agency after completion of the contract, the public agency must determine the final contract price. The public agency must consider all change or…

839-025-0220 Fees for Contract Without Specific Award Amounts (1) When a project is a public work subject to ORS 279C.800 to 279C.870, but the contract is awarded without stating any specific amount, the contract price for purposes of calculating the fee shall be based on the amo…

839-025-0230 Fees for Contracts with Other Special Circumstances (1) When a public agency enters into an agreement for construction management services or chooses to act as its own general contractor or construction manager in connection with a public works project subject to ORS…

839-025-0300 Actions that Circumvent Payment of Prevailing Wages Prohibited No person shall take any action which circumvents the payment of the prevailing wage rate to workers on public works projects. Statutory/Other Authority: ORS 279 & 651 Statutes/Other Implemented: ORS 279.…

839-025-0310 Division of Projects (1)(a) A person or public agency may not divide a public works project into more than one project for the purpose of avoiding compliance with ORS 279C.800 to 279C.870. (b) When making a determination of whether a person or public agency divided a…

839-025-0320 Payment of Prevailing Wage by Persons Other than Contractors or Subcontractors Prohibited (1) Except as provided herein, no person, other than the contractor or subcontractor, shall pay or contribute any portion of the prevailing rate of wage specified in the contrac…

839-025-0330 Wage Averaging Prohibited (1) No contractor or subcontractor shall reduce a worker's regular rate of pay for work on projects not subject to the Prevailing Wage Rate Law (ORS 279C.800 to 279C.870) when the reduction in pay has the effect of the worker not receiving t…

839-025-0340 Circumventions of the Prevailing Wage Rate Law (1) A public agency circumvents the payment of the prevailing rate of wage when it knowingly or intentionally: (a) Fails or refuses to include a provision stating the existing prevailing rate of wage in the contract spec…

839-025-0500 Definitions Related to Civil Penalties for Violations of Prevailing Wage Rates on Public Works Matters As used in OAR 839-025-0500 to 839-025-0540, a person acts knowingly when the person has actual knowledge of a thing to be done or omitted or should have known the …

839-025-0510 Violations Separate and Distinct Each violation is separate and distinct. In the case of continuing violations, each day's continuance is a separate and distinct violation. Statutory/Other Authority: ORS 279 & 651 Statutes/Other Implemented: ORS 279.348 - 279.380 His…

839-025-0520 Criteria to Determine Civil Penalty (1) The commissioner shall consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed against a contractor, subcontractor or public agency and shall cite those th…