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(d)

Violations

of

the

Labor

Compliance

Regulations.

All

complaints

violations of the labor standards referred to the Resident Engineer will be investigated.

of A

report of each investigation and the action taken is District Engineer and State Construction Engineer.

to

be

prepared

and

submitted

to

the

In accordance with FHWA regulations which are a part of current Federal Aid contracts, it is sometimes necessary for the Department to collect liquidated damages when violations of the Labor Compliance regulations have occurred. If a Resident Engineer believes this should be done, he or she should contact the State Construction Engineer through the District Engineer.

(e) Labor Compliance Officer. Each Resident Engineer shall delegate the responsibility for Labor Compliance to some qualified employee. This employee shall become thoroughly familiar with the contents of the Labor Compliance Manual published by FHWA and with all other instructions regarding labor compliance, payroll submittal, "Statement of Compliance" submittal, etc. The Labor Compliance Officer and the EEO Field Inspector (discussed in Subsection 107.05) should be the same individual.

(f) Job Site Interviews. The following is a quote from the Federal Highway Administration's Labor Compliance Manual:

"Early and complete labor compliance inspections are essential to the development of a sound compliance pattern on all projects. Projects where the contract is of short duration (6 months or less) should be inspected at least once while work is in progress. In the case of contracts which extend over a longer period of time, the inspections should be made with such frequency as may be necessary to assure compliance. Such inspections should include interviews with employees with reference to payroll data and classification, supported by some verification of payment, such as canceled checks, to determine the

correctness of the payrolls and classifications, and to disproportionate employment of laborers, helpers, or MADE BY AN EMPLOYEE, WHETHER ORALLY

reveal any violations such as apprentices. STATEMENTS OR IN WRITING, MUST BE

TREATED AS CONFIDENTIAL EMPLOYEE'S IDENTITY TO THE

SO AS TO AVOID DISCLOSING THE EMPLOYER WITHOUT THE EMPLOYEE'S

CONSENT.

Inspectors

should

pay

particular

attention

to

ascertaining

whether

there

are

any Subcontractors who are not submitting equipment not clearly identified as belonging

payrolls. Interviews with to the Prime Contractor, or

operators of an approved

Subcontractor, will disclose this problem. In such employers should always be requested and recorded."

interviews,

the

names

of

the

To verify compliance, interviews shall be conducted as noted above and documented on the "Labor Interview Report" (Figure 107-6). This form is available on the Construction Drive of the LAN (CSD4:\\misc\eeo\labor.doc). Several spot interviews are to be conducted with employees of the contractor and subcontractors on the job to establish that compliance with the minimum wage and other labor standards of the contract is being attained. This includes both State and Federal Oversight Federal Aid projects.

Rev. 1-28-05

Page 100-58

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