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DOL Releases Comprehensive Davis-Bacon Proposal First Update in 40 Years to DBRA Regulations
Last week, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) officially released a proposed rule to significantly revise the regulations implementing the Davis-Bacon Act and its prevailing wage. This 40-year awaited update reverts to the pre-1983 methodology for determining whether a wage rate is prevailing, also referred to as the “30 percent rule”. The rule also significantly revises its “site of work” provisions along with its survey data and wage determination collection and processes that would allow WHD to use a broader data set (geographically) than they currently utilize. The rule does provide some relief to highway projects that cover multiple counties and wage determinations and proposes the ability to automatically update non-collectively bargained rates that are 3 or more years old.
Specially the proposals include, but are not limited to:
• Creating several shortcuts in the prevailing wage update system.
• Returning to the definition of “prevailing wage” used from 1935 to 1983.
• Periodically updating prevailing wage rates to address out-of-date wage determinations in some instances.
• Providing broader authority to adopt state or local wage determinations when certain criteria is met.
• Issuing supplemental rates for key job classifications when no survey data exists.
• Highlighting worker protections and enforcement, including debarment and anti-retaliation.
The Davis-Bacon Act and 71 Related Acts collectively apply to an estimated $217 billion in federal and federally assisted construction spending per year and provide minimum wage rates for an estimated 1.2 million U.S. construction workers.
Back in 2015, OCA’s national affiliate, AGC of America created a task force that developed a comprehensive list of considerations for Davis-Bacon reform, which has been subsequently shared with DOL WHD. AGC also met with WHD directly in the pre-rulemaking period last summer to provide further stakeholder input. Now that the proposal has been released publicly, AGC of America is reviewing the 432-page proposed rule and will seek input to prepare comprehensive comments.
OCA will be working closely with AGC on the changes as well as industry input. We will continue to update our membership on more specific interpretations of DOL’s changes as they become available. If you have any questions or concerns, please contact Mark Potnick in OCA’s office.
Laborers' Workforce Development Survey for OCA Members
The Ohio Laborers’ Apprenticeship Program constantly seeks new and relevant information to improve recruitment and workforce development practices. After contemplating the importance of workforce development and training in the coming years, the Ohio Laborers’ Apprenticeship Office recruited several business managers and contractors to develop a workforce development survey.
This survey aims to gauge the upcoming needs of contractors and business managers to match the workforce development initiatives of JATC to the needs of the industry. It focuses on recruitment, outreach, marketing, forecasted trends, forecasted apprentice numbers, needs influencing job capacity, increased forepersons/supervisors demand, and training.
This information is vital for their office to better understand and equip the industry for future projects and trends. Therefore, we ask that you please complete the survey to help prepare the union construction industry for the future.
To participate, click on the link below:
https://fs28.formsite.com/IOy2Bg/qo4hrucord/index.html?1645622151319
OHIO BWC Distance Learning Opportunities in March
BWC is hosting several occupational safety and health webinars and virtual classes in March. For detailed information and to learn how to register, click here to view program flyer.
Webinars - presented live with BWC discount program and continuing education credit:
• Safe Patient Handling - Policy and Tools (March 22)
• Ergo Office: Even at the Home (March 24)
Virtual classes
• Developing a Driver Safety Program (March 22)
• Electrical Safety in the Workplace through Insight and Implementation of NFPA 70E (March 24-25)
• Effective Safety Teams Half-Day Workshop (March 30)
Online E-Courses
• Bloodborne Pathogens, Developing a Safety Culture, OSHA Recordkeeping 101, and others
For more information or assistance, email [email protected].
Time is running out!
Hall of Fame Scholarship Program Applications Being Accepted
Since 1996, OCA has awarded more than $300,000 in scholarships to support promising future talent studying for careers in Civil Engineering, Construction Technology and Construction Management. Scholarships are available for students with graduating goals set at the associate and bachelor's degree levels. OCA recognizes the value that our Hall of Fame Scholarship recipients bring to our industry. These scholarships are for students enrolled in a degree program in Civil Engineering, Construction Technology, Construction Management, or related studies.
Endorsement from an OCA member, while not a requirement, gives an applicant extra consideration. Applicants will have the option to update member recommendations; you can also email them directly to: [email protected]
Please share this link for registration information https://form.jotform.com/220443066945153 along with this link for required faculty recommendations https://www.jotform.com/build/90076910819158 For questions, contact Lynda Pomeroy at OCA: 614-488-0724, or send an email [email protected]
Deadline: March 25th, 2022
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