|
WHAT'S NEW?
DOL’s Expanded Interpretation of Covered Work, Professional Services Work Onsite
CCMI recently had an opportunity to discuss with the US DOL Regional Office in New York about the new Davis Bacon regulations and what that means for professional services performing physical work on the site of a Public Works (Davis Bacon) project. The US DOL has taken the position that physical work performed on the project by professional services firms is covered under the new Davis Bacon regulations effective October 2023.
Where physical work is being performed on the Jobsite, the DOL is classifying that work as covered work. That means surveying work which includes, staking, chainman and rodman are now covered by Davis Bacon prevailing wage. Similarly, if an environmental firm is taking core samples for testing, that physical work (including drilling) is covered work. This can create some new interesting interpretations.
Example: Owner contracts with Environmental firm to take core sampling and testing for hazardous contamination. 8 of these samples were taken before any DB triggering event. 2 of these samples were taken after the DB triggering event. DOL is saying that the time to take those 2 final drilling samples are covered by Davis Bacon wages because there are workers operating a drill to take these samples. There was also an opinion stated by DOL that physical work on site before the DB triggering event might also be covered if it is known that a DB triggering event is eminent.
| 
