Fire Alarm - Testing & Inspection
The testing and inspection of fire systems falls in the category of system maintenance. That makes it subject to the payment of prevailing wages. This includes code-compliance testing and inspection.
This opinion hereby overrules all prior opinions and/or communications that are inconsistent with this opinion. We find that prior opinions and communications did not consider the full nature and purpose of the inspection and testing of fire systems.
Because of past confusion about the Department's position as to whether prevailing wage law applies to this work, we will apply this opinion:
- Prospectively to contracts that are put out for bid after January 1, 2010
- To any previous contract that actually required the payment of prevailing wages for this work
Due to our reconsideration of this matter:
- All testing and inspection work performed on fire protection systems is covered by the prevailing wage law
- Employees performing such work must be paid prevailing wages as established by the Commissioner (consistent with the classification appropriate to the work performed)
Truck Driver Policies
1) Truck Driver - Delivery of Materials (EXCEPT Asphalt/Concrete in Nassau & Suffolk Counties)
Drivers who haul materials or supplies to a public work site and drop or stockpile them, are not subject to prevailing wage requirements.
Further, when contractor's employees pick-up and deliver supplies from outside suppliers, they are not subject to prevailing wage requirements. Instead, the work of these drivers off-site is governed by whatever agreed-upon rate existed between the drivers and their employers.
2) Supply of Asphalt/Concrete on Long Island ONLY
In Nassau and Suffolk counties, drivers who haul asphalt and/or concrete from commercial plants to or from a public work project will be covered by a prevailing wage rate.
Specifically, the drivers would have to be paid prevailing wage rates from the time they commence loading until the completion of delivery at the public work site. If they continue to shuttle between the plant and the public work site, they continue to receive the prevailing wages until the completion of final delivery.
If they go to a private location after the final deliver, their prevailing wage rate would end when they leave the public job site. Time spent in making deliveries at private projects would not be prevailing wage time.
3) Supply of Asphalt/Concrete from commercial plants (EXCEPT Nassau & Suffolk Counties)
People who are employed as drivers hauling asphalt/concrete to and from commercial plants (EXCEPT Nassau & Suffolk Counties) are not subject to prevailing wage requirements.
4) Supply of Asphalt/Concrete to and from Portable Batch Plants
People who are employed as drivers hauling asphalt and/or concrete to and from portable batch plants established for the sole purpose of supplying public work projects are required to be paid prevailing rates.
5) Truck Driver - Dumping Time
When material is to be removed from a project site, all time spent by a driver awaiting the loading of his truck is time for which prevailing wages must be paid.
The time spent in the actual hauling away of the material, however, is not subject to the payment of prevailing wages when removal is:
- Not a contractual requirement with the public owner and
- Not for stockpiling, storage or reprocessing purposes
However, as noted above, the time loading, traveling and unloading would all be subject to the payment of prevailing wages to the driver, if the contract requires that material:
- Be removed to a dedicated site
- Be transferred to a designated location
6) Truck Driver - Dedicated Site
When material to be used later on-site is moved to a dedicated site for storage, stockpiling or processing, prevailing wage rates apply for:
- Work at the dedicated site
- Travel time to and from the job site
7) Truck Driver - Designated Site
When the contractor utilizes a site designated by the contracting agency (not necessarily on the public job site) for re-use, storage, stockpiling or processing of materials to be used at some time on the site, or disposed of at the site, work at that location would also be considered subject to the prevailing wage law.
Payment of prevailing wages applies to work at that location and travel time between the job site and the designated site. If no such requirements are present, only time on or about the project site would be covered.
8) Truck Driver - Waiting Time
Waiting time, whether on or off the site, while waiting to be loaded with general construction debris is to be compensated at the prevailing wage rate for truck drivers.
If the drivers are directed to wait off-site away from the project, the waiting time would still require the payment of prevailing wage rate.
9) Fuel Delivery - Article 8
The delivery of fuel to a public work site by a fuel supply company is considered a supply function and is not covered under Article 8 whether to:
- A dedicated fuel storage tank
- An on-site fuel truck
- Individual fueling of construction equipment
However, workmen in the employ of a public work contractor who provide on-site fueling functions are covered.
10) Fuel Delivery - Article 9
Where the contract involves delivery to a single location, only the time spent delivering the product is covered.
When a contract involves multiple locations, prevailing rates must be paid for:
- The travel between each location
- The time spent delivering the product
If the supplier leaves the public site to deliver to a private location, prevailing rate ceases to be required upon completion of the public site delivery. Prevailing rates would resume when the supplier begins delivery at the next public location.
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