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The Massachusetts Division of Occupational Safety (DOS) issues prevailing wage schedules to cities, towns, counties, districts, authorities, and agencies of the Commonwealth for construction projects and several other types of public work. These prevailing wage schedules contain hourly wage rates that workers must receive when working on a public project.

DOS Recently Released PW-2011-01-01.06.11 on Prevailing Wages

The DOS regularly issues Prevailing Wage Opinion Letters and recently released PW-2011-01-01.06.11. This letter confirms “the duration of wage rates issued for contracts between school districts and school bus companies.”

DOS Provides Analysis of Relevant Massachusetts Law

According to the DOS, the relevant law is contained in MGL c 71, §7A. “§7A provides, in relevant part, that: ‘no contract [for the transportation of pupils] shall be awarded except upon the basis of prevailing wage rates…’ §7A further provides that ‘[P]rior to awarding a contract, the school committee…shall request the commissioner…to determine the rate of wages to be paid to each person to be employed by the bidder under said contract, and shall forward to the commissioner a list of jobs to be performed under the contract.’ Because the statute specifies that a list of all jobs shall be provided to the commissioner and included in the prevailing wage schedule, those words should be given full effect by the commissioner in applying the statute. Accordingly, the plain language of the statute directs the commissioner to set wage rates for the bus driver and any other personnel that the bidder is required to provide under the contract.”

The DOS Interprets the Phrase “Contract Term”

According to the DOS, it “interprets the phrase ‘contract term’ with respect to the plain language meaning of the term. Accordingly, if the original term of a school bus contract is, for e.g., three years, then the wage rates contained on the wage schedule for the contract are applicable to that three year term. Any extension of the original term would therefore trigger the requirement to obtain updated wage rates. This is consistent with the way awarding authorities treat renewals/options to renew.”

Vision Payroll Assists Employers Preparing Certified Weekly Payroll Reports

Vision Payroll is ready to assist employers in gathering information for certified weekly payroll reports. Vision Payroll can also prepare the certified weekly payroll reports for submission to the proper authorities. Contact Vision Payroll today to get started.

The Massachusetts Division of Occupational Safety (DOS) issues prevailing wage schedules to cities, towns, counties, districts, authorities, and agencies of the Commonwealth for construction projects and several other types of public work. These prevailing wage schedules contain hourly wage rates that workers must receive when working on a public project.

DOS Recently Released PW-2010-13-12.13.10 on Prevailing Wages

The DOS regularly issues Prevailing Wage Opinion Letters and recently released PW-2010-13-12.13.10. This letter confirms the job classifications “for workers who perform certain tasks related to the construction of either concrete or asphalt sidewalks.”

DOS Job Classifications of the Tasks

According to the DOS, the relevant job classifications are the following:

1. Removal of the existing materials (old sidewalk) using a backhoe or front end loader.
2. Removal of existing materials with hand tools, primarily shovels, or jackhammer.
3. Gravel and sub-grade materials are put in place using hand shovels and rakes.
4. With respect to concrete sideways, the installation with hammers and stakes of wood edging of 1 inch by 4 inches. Thereafter, the area is filled with concrete from a pre-mix truck using shovels, rakes and wheelbarrows. The cement is leveled and swept with brooms.
5. In the asphalt installation, the process is similar to the concrete but the asphalt is leveled with rakes and shovels. It is then rolled with a hand roller.
6. Installation of curbing using a front end loader and guidance of the curbing into place

The DOS Concludes that the Work Is Subject to the Prevailing Wage Law

With the exception of the operation of the backhoe, front end loader, and jackhammer, described in items 1, 2 and 6, each of the listed tasks is paid at the rate for “Laborer” as indicated on the rate sheet.

The operation of a jackhammer, as described in item 2, is paid at the rate for “Jackhammer & Paving Breaker Operator” as indicated on the rate sheet. 

The operation of a backhoe or loader, as described in items 1 and 6, is paid at the rate for a “Backhoe/Front End Loader” as indicated on the rate sheet.

Vision Payroll Assists Employers Preparing Certified Weekly Payroll Reports

Vision Payroll is ready to assist employers in gathering information for certified weekly payroll reports. Vision Payroll can also prepare the certified weekly payroll reports for submission to the proper authorities. Contact Vision Payroll today to get started.

The Massachusetts Division of Occupational Safety (DOS) issues prevailing wage schedules to cities, towns, counties, districts, authorities, and agencies of the Commonwealth for construction projects and several other types of public work. These prevailing wage schedules contain hourly wage rates that workers must receive when working on a public project.

DOS Recently Released PW-2010-12-11.08.10 on Prevailing Wages

The DOS regularly issues Prevailing Wage Opinion Letters and recently released PW-2010-12-11.08.10. This letter clarifies “that the installation of photovoltaic modules or linking of the individual modules together to form photovoltaic arrays, including hardware is to be paid at the rate for an ‘Electrician.’” Furthermore, if portions of the roof structure are removed or re-roofed or flashing or other roofing material is required to be installed as part of the project, such work is to be paid at the rate for a ‘Roofer.’”

DOS Job Classifications of the Tasks

According to the DOS, “the relevant job classifications of the tasks listed in [the] request” are the following:

1. Construction of a Unirac ULA support structure for the photovoltaic modules: The Unirac ULA is an aluminum pipe support structure for photovoltaic modules that was constructed on the roof of the building in question.
2. Attaching the supporting structure to the roof with bolts.
3. Construction of a rail system with square tubing which is used to act as an angled base where the photovoltaic modules are installed.

The DOS Concludes that the Work Is Subject to the Prevailing Wage Law

“An examination of the applicable collective bargaining agreements and nature of the work confirms that the rate for ‘Electrician’ applies to such work including the installation of mounting brackets and attachment of such brackets to the roof as these tasks are integral to the to the installation of the modules themselves.”

Vision Payroll Assists Employers Preparing Certified Weekly Payroll Reports

Vision Payroll is ready to assist employers in gathering information for certified weekly payroll reports. Vision Payroll can also prepare the certified weekly payroll reports for submission to the proper authorities. Contact Vision Payroll today to get started.

The Massachusetts Division of Occupational Safety (DOS) issues prevailing wage schedules to cities, towns, counties, districts, authorities, and agencies of the Commonwealth for construction projects and several other types of public work. These prevailing wage schedules contain hourly wage rates that workers must receive when working on a public project.

DOS Recently Released PW-2010-11-07.29.10 on Prevailing Wages

The DOS regularly issues Prevailing Wage Opinion Letters and recently released PW-2010-11-07.29.10. This letter confirms that the University of Massachusetts is one of “the several departments of the government of the commonwealth” and therefore subject to MGL, c. 5, §1. As such, the print shop at the University of Massachusetts – Amherst “must require its printing contractors…to pay prevailing wage rates to their employees.”

MGL, c. 5, §1 Mandates Prevailing Wages

According to the DOS, the relevant part of MGL, c. 5, §1 provides as follows:

The commissioner of administration, or any other awarding official, in the advertising for bids or the placing of orders for the execution of printing, composition, proof reading, presswork, all processes used in the making of printing plates, paper ruling and binding, or for the supplying of office stationery and blank books without printed headings, for the several departments of the government of the commonwealth other than the legislative department… Contracts or orders shall be given to such establishments only as pay the prevailing rate of wages, based on wage rates and working hours that have been established by collective bargaining agreement or understanding between organized labor and employers; provided, that nothing herein contained shall prevent said commission, or any other awarding official, from placing contracts or orders with existing state institutions or departments which furnish printing or other work of the kind and character above mentioned…

The University of Massachusetts is One of the Several Departments of the Government of the Commonwealth

The DOS concludes that the preponderance of the authority indicates that the University of Massachusetts is one of “the several departments of the government of the commonwealth”. Among other factors are the following

• The University of Massachusetts “is subject to the statutory provisions governing capital facility projects under the division of capital asset management.”
• The University of Massachusetts is subject “to the competitive bidding laws.”
• The University of Massachusetts “does not dispute that it is subject to the prevailing wage law for construction of public works projects.”
• “DOS’s records reflect that the University’s Boston campus regularly requests DOS to provide prevailing wage rates for its printing and binding contracts.”

The DOS Concludes that the University Is Subject to the Prevailing Wage Law

“Because the University is subject to the prevailing wage law for printing, contractors which provide printing services to the University are required to pay the prevailing wage rate set by the DOS for such contracts.”

Vision Payroll Assists Employers Preparing Certified Weekly Payroll Reports

Vision Payroll is ready to assist employers in gathering information for certified weekly payroll reports. Vision Payroll can also prepare the certified weekly payroll reports for submission to the proper authorities. Contact Vision Payroll today to get started.

The Massachusetts Division of Occupational Safety (DOS) issues prevailing wage schedules to cities, towns, counties, districts, authorities, and agencies of the Commonwealth for construction projects and several other types of public work. These prevailing wage schedules contain hourly wage rates that workers must receive when working on a public project.

The DOS regularly issues Prevailing Wage Opinion Letters and recently released PW-2010-10-08.24.10. This letter confirms “the job classification under the Massachusetts Prevailing Wage Law for workers who perform certain tasks related to the repair and replacement of existing reinforced concrete and steel bridge elements on highway projects.” The following categories of tasks were at issue:

1. The cutting of concrete with a hand held machine with a diamond blade is paid at no less than the rate for “Demo: Concrete Cutter/Sawyer”.
2. The removal of deteriorated concrete with a hand held pneumatic chipping hammer is paid at no less than the rate for a “Pneumatic Drill/Tool Operator”.
3. Drilling and installing reinforcing dowels utilizing an electric hammer drill or pneumatic rock drill is paid at no less than the rate for a “Pneumatic Drill/Tool Operator”.
4. Striking off concrete to proper grade with hand held shovel or screed is paid at no less than the rate for a “Laborer”.
5. Placing concrete in work concrete formwork and vibrate with a hand held or form vibrator is paid at no less than the rate for a “Laborer”.
6. Erecting and dismantling of exterior scaffolds for all trades for heavy highway and bridge work is paid at no less than the rate for a “Laborer”.
7. Construct, and assist in constructing, concrete forms from 2 x 4s and plywood utilizing a handheld hammer, tape measure, level and skill saw.
8. Erect, and assist in erecting, wood concrete forms to proper line and grade.
9. Secure concrete forms with timber walers utilizing a handheld hammer and wrench.

The DOS concluded that tasks 1-6 above “are are paid at no less than the rates indicated” and “[t]he tasks designated in items 7 through 9, above, are paid at no less than the rate for a ‘Carpenter’”.

Finally, the DOS stated that “the removal of deteriorated reinforcing mat elements and the subsequent cutting, handling, placing the mats or wire mesh [and] the cutting and removing rebar with an oxygen acetylene torch, bolt cutter or cutoff saw [are] paid at the rate for an ‘Ironworker’”.

Vision Payroll is ready to assist employers in gathering information for certified weekly payroll reports. Vision Payroll can also prepare the certified weekly payroll reports for submission to the proper authorities. Contact Vision Payroll today to get started.

The Massachusetts Division of Occupational Safety (DOS) issues prevailing wage schedules to cities, towns, counties, districts, authorities, and agencies of the Commonwealth for construction projects and several other types of public work. These prevailing wage schedules contain hourly wage rates that workers must receive when working on a public project.

The DOS regularly issues Prevailing Wage Opinion Letters and recently released PW-2010-09-07.20.10. This letter confirms “the job classification under the Massachusetts Prevailing Wage Law for workers who repair and replace components of source capture vehicle exhaust systems in public works projects at various fire stations.” The following categories of tasks were at issue:

1. The workers repair and replace “nozzles” and “pneumatic grabbers” which provide an airtight connection between the system and the vehicle exhaust pipe.
2. The workers repair and replace “airlines” which are housed inside the “system exhaust hose.” The “airlines” are connected to the grabber and facilities the air-tight fit, as well as facilitate the extraction of the exhaust fumes from the building via the system.
3. The workers repair and replace “upper exhaust hoses” and “lower exhaust hoses” on the system, which house the inner airlines, and connect the pneumatic grabber to the system duct work.
4. The workers repair and replace “uncoupling valves” and “quick release fittings” on the system, which facilitates the disconnection of the system from the vehicle, when the vehicle exits the fire station.
5. The workers repair and replace the “regulator”, which regulates the air flow.
6. The workers repair and replace the “balancer”, which keeps the hose elevated above the floor.
7. The workers repair and replace “shut off valves”, “pressure switch”, “compressors”, “pressure sensors”, “chrome elbows”, “five horse power motors”, safety disconnect mechanisms, “back draft dampers”, “drain cocks”, and various other components.
8. The workers repair and replace sheet metal duct work and/or fittings.

The DOS concluded that “the repair and replacement of components of source capture vehicle exhaust systems work, as described herein, is paid at the rate for ‘Sheet metal worker’ as indicated on the rate sheet”.

Vision Payroll is ready to assist employers in gathering information for certified weekly payroll reports. Vision Payroll can also prepare the certified weekly payroll reports for submission to the proper authorities. Contact Vision Payroll today to get started.

The Massachusetts Division of Occupational Safety (DOS) issues prevailing wage schedules to cities, towns, counties, districts, authorities, and agencies of the Commonwealth for construction projects and several other types of public work. These prevailing wage schedules contain hourly wage rates that workers must receive when working on a public project.

The DOS regularly issues Prevailing Wage Opinion Letters and from time to time updates the related Topical Outline of Massachusetts Prevailing Wage Law. Information is available on many topics related to prevailing wage, including certified weekly payroll reports. In addition to discussion on the various topics, references are included to opinion letters that explain the topic in further detail.

Vision Payroll is ready to assist employers in gathering information for certified weekly payroll reports. Vision Payroll can also prepare the certified weekly payroll reports for submission to the proper authorities. Contact Vision Payroll today to get started.