Laserfiche WebLink
A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />as a contractor and subcontractor as provided in 29 C.F.R. § <br />5.12." <br />6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT <br />a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded <br />by the non -Federal entity in excess of $100,000 that involve the employment of <br />mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ <br />3702 and 3704, as supplemented by Department of Labor regulations at 29 <br />C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each <br />contractor must be required to compute the wages of every mechanic and <br />laborer on the basis of a standard work week of 40 hours. Work in excess of the <br />standard work week is permissible provided that the worker is compensated at <br />a rate of not less than one and a half times the basic rate of pay for all hours <br />worked in excess of 40 hours in the work week. Further, no laborer or mechanic <br />must be required to work in surroundings or under working conditions which <br />are unsanitary, hazardous, or dangerous. <br />b. Applicability. This requirement applies to all FEMA contracts awarded by the non- <br />federal entity in excess of $100,000 under grant and cooperative agreement <br />programs that involve the employment of mechanics or laborers. It is <br />applicable to construction work. These requirements do not apply to the <br />purchase of supplies or materials or articles ordinarily available on the open <br />market, or contracts for transportation or transmission of intelligence. <br />c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract <br />clause language concerning compliance with the Contract Work Hours and <br />Safety Standards Act. FEMA suggests including the following contract clause: <br />Compliance with the Contract Work Hours and Safety Standards Act. <br />(1) Overtime requirements. No contractor or subcontractor contracting for any <br />part of the contract work which may require or involve the employment of <br />laborers or mechanics shall require or permit any such laborer or mechanic in <br />any workweek in which he or she is employed on such work to work in excess <br />of forty hours in such workweek unless such laborer or mechanic receives <br />compensation at a rate not less than one and one-half times the basic rate of <br />pay for all hours worked in excess of forty hours in such workweek. <br />71 <br />