As reported in the past, MDOT continues to step up their enforcement of prevailing wages. To ensure the commonly occurring problems get resolved in a timely fashion, MDOT has asked MITA to distribute the following Frequently Asked Questions regarding Vacs and Sweeper Operators.
When sweeper contractors are working on prevailing wage projects, this type of service is considered contract work and a prevailing wage is required for the time spent on the “site of work”.
Even though we are not working under a sub-contract, or P.O. are our vac/sweeper drivers subject to Davis-Bacon wages?
YES. When they are performing contract work they are covered by DBRA for all time worked on the “site of work” (job location). Prevailing wages are relevant to the work being performed, not whether or not they have a subcontract or purchase agreement.
If our vac/sweeper operators are not on the job for 20% or more of the workweek, are they still subject to Davis-Bacon wages?
The de minimis rule (20% of the work week) does not apply when contract work is being performed. Example of de minimis: material suppliers and/or maintaining devices on the “site of work”. Truck drivers, when they are not working exclusively on the “site of work”.
Would vac/sweeper operators be subject to prevailing wages for travel time to the job?
DBRA will only apply to time spent on the “site of work”. The travel time to and from is not subject to the prevailing wage. However, this time must be considered when calculating the weeks OT.
If you have any questions or comments, contact Glenn Bukoski at glennbukoski@mi-ita.com or Doug Needham at douglasneedham@mi-ita.com or call them at the MITA office at 517-347-8336.
