Generally, utilities are not covered workers when attending to their regulated industry activities on public work projects. It is only when the utility workers go beyond their normal scope of work as part of a public works project that they may be construed as included workers subject to Chapter 104, Hawaii Revised Statutes, Wages and Hours of Employees on Public Works Law.
In this area, the State generally follows the Federal application of the issue as explained in the Field Operations Manual
15d09 Public utility installation.
(a) Whether or not the employees of a public utility, who perform construction-type work in
connection with federal and federal-assisted projects, are covered by the DBRA will depend
upon the nature of the contracts involved and the work performed thereunder.
(b) Where a public utility is furnishing its own materials and is in effect extending its own utility
system, such work is not subject to DBRA. The same conclusion would apply where the
utility company may contract out such work for extending its utility system. However, where
the utility company agrees to undertake a portion of the construction of a covered project
such work would be subject to the DBRA labor standards requirements of the construction
contract.
(c) For example, DBRA wage provisions of the U.S. Housing Act do not apply to a contract
between a local housing authority and a city water department under which the department
installs water mains in streets adjacent to a housing project; connects mains and meters to the
project’s plumbing; furnishes water to the project; and operates and maintains such mains and
meters without expense to the authority beyond an initial service charge, since the city is
engaged essentially in the extension of its water distribution system rather than in the
development of the project.
(d) Also, employees of a telephone company engaged in the installation of ordinary telephone
facilities for a government facility under construction are engaged essentially in the extension
of the telephone company’s system rather than in government construction and, therefore, are
not covered by the DBA. However, removal and relocation of telephone lines at the sole
option of the government to eliminate interference of the lines with construction at the
project site is construction work covered by the DBA. Revision 684 FIELD OPERATIONS HANDBOOK – 03/24/2016
Wednesday, October 5, 2016
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This is actually the kind of information I have been trying to find. Thank you for writing this information.
ReplyDeleteJohn Odom