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

(1)

The commissioner 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 commissioner 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 (Residential Construction Projects; Wage Rates; Rate Determinations) 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, describe all relevant details of the project or proposed project, and be submitted to: Prevailing Wage Rate Unit, Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., #1045, Portland, OR, 97232.

(3)

The requester will be advised if the commissioner determines that multiple wage rate determinations are appropriate and may be used on a project.

(4)

If the commissioner 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 (Posting Requirements), 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.

Source: Rule 839-025-0038 — Use of Multiple Wage Rate Determinations on Projects, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-025-0038.

839‑025‑0000
Notice of Proposed Rules 839‑025‑0003
Forms 839‑025‑0004
Definitions Generally 839‑025‑0005
Purpose and Procedure for Determination Requests 839‑025‑0006
Purpose and Procedure for Addition of Trade 839‑025‑0007
Purpose and Procedure for Special Wage Determination 839‑025‑0008
List of Planned Public Improvements and Cost Analysis 839‑025‑0010
Payroll and Certified Statement Requirements 839‑025‑0013
Notice of Public Works Form 839‑025‑0015
Public Works Bonds Requirements 839‑025‑0020
Public Works Contracts and Contract Specifications 839‑025‑0025
Required Records 839‑025‑0030
Records Availability 839‑025‑0033
Posting Requirements 839‑025‑0034
Establishing a Work Schedule 839‑025‑0035
Payment of Prevailing Rate of Wage 839‑025‑0037
Residential Construction Projects 839‑025‑0038
Use of Multiple Wage Rate Determinations on Projects 839‑025‑0040
Payment of Fringe Benefits 839‑025‑0043
Frequency of Payment of Fringe Benefits 839‑025‑0045
Youth Apprentices 839‑025‑0050
Overtime Wages Computations 839‑025‑0054
Exemption from Overtime Pay Requirements on Public Improvement Projects 839‑025‑0060
Apprentices Working upon Public Works Projects 839‑025‑0065
Trainees Working upon Public Works Projects 839‑025‑0080
Liability to Workers 839‑025‑0085
Contract Ineligibility 839‑025‑0090
List of Ineligibles 839‑025‑0095
Removal of Names from List of Ineligibles 839‑025‑0100
Exemptions from ORS 279C.800 to 279C.870 839‑025‑0150
Definitions Related to Installation of Art on Public Works 839‑025‑0155
Payment of Prevailing Rate of Wage for the Installation of Art on Public Works Projects 839‑025‑0200
Fees to Be Paid by Public Agency 839‑025‑0210
Adjustment of Fees Paid by Public Agency 839‑025‑0220
Fees for Contract Without Specific Award Amounts 839‑025‑0230
Fees for Contracts with Other Special Circumstances 839‑025‑0300
Actions that Circumvent Payment of Prevailing Wages Prohibited 839‑025‑0310
Division of Projects 839‑025‑0320
Payment of Prevailing Wage by Persons Other than Contractors or Subcontractors Prohibited 839‑025‑0330
Wage Averaging Prohibited 839‑025‑0340
Circumventions of the Prevailing Wage Rate Law 839‑025‑0500
Definitions Related to Civil Penalties for Violations of Prevailing Wage Rates on Public Works Matters 839‑025‑0510
Violations Separate and Distinct 839‑025‑0520
Criteria to Determine Civil Penalty 839‑025‑0530
Violations for Which a Civil Penalty May Be Assessed 839‑025‑0540
Schedule of Civil Penalties 839‑025‑0700
Prevailing Wage Rate Determination/Amendments to Determination 839‑025‑0750
Residential Prevailing Wage Rate Determinations
Last Updated

Jun. 8, 2021

Rule 839-025-0038’s source at or​.us