415-4.3 Continued

415-4.4

415-4.5

nature and extent of such potential violations
to enable the division office to determine
whether a full scale investigation is warranted.

Posting of Posters: The project inspector should
see that the wage determination decision and any
other required material pertaining to the required
labor standards provisions are posted by the
contractor at the site of the work in a prominent
and accessible place where it can be easily read
by the workers. Enforcement will be materially
aided if, in addition to the posting of the
Secretary of Labor's wage determination decision,
a poster is conspicuously displayed which informs
employees of their rights and that written com-
plaints will be received by the project inspector
or the agency. This would also serve to put the

subcontractors on notice of the labor standards
provisions. It is suggested that on projects
covering large areas these posters be placed at
more than one location.

Inspection of Employment Records: The resident
or supervising engineer on the job shall inspect
the contractor's and subcontractor's records which
by the terms of the contract are required to be
made available at the project site. This inspection
should be designed to establish whether the wages
being paid to laborers and mechanics are at rates
not less than those predetermined by the Secretary
of Labor as contained in the contract provisions;
whether the work being performed by any specific
class of employee, including helpers and apprentices,
conforms to the classifications set forth in the
contract provisions; whether the classifications

415-4.5 Continued

415-4.6

415-4.7

are correct; and, whether there is evidence of any disproportionate employment of laborers, helpers or apprentices as to indicate avoidance of the minimum wage rate provisions and other labor provisions of the contract.

Interviews of Contractor's and Subcontractor's Employees: Systematic spot interviews are to be made by the resident or supervising engineer with the employees of the contractors or subcontractors on the job to establish that the minimum wage and other labor standards of the contract are being fully complied with and that there is no misclassification of labor or disproportioned employment of apprentices, etc.

Investigation of Complaints: The resident
or supervising engineer shall investigate
promptly any complaints of violations of the
labor standards requirements referred to him
by the employees on the job, Bureau of Public
Roads in its own behalf or in behalf of any
other Federal agency, or received from any
other source.

(a) Report: A report of each such complaint
indicating the nature and extent of investi-
gation and the action taken with respect
to the complaint shall be furnished to the
Public Roads division engineer.

CHAPTER 416

INSPECTION AND INVESTIGATION RESPONSIBILITIES

OF PUBLIC ROADS

416-1 General: This section discusses the responsibilities of Public Roads officials with respect to inspecting and investigating labor compliance matters on the Federal-aid system. It should be kept in mind that the immediate responsibility for inspection, investigation and enforcement of these requirements lies with the State, and the Bureau's activities are reserved to its traditional role of inspecting the adequancy of State action, or to direct action when the State has acted improperly or failed to take necessary action in carrying out these Federal requirements.

416-2

Organization of Labor Compliance Enforcement:

416-2.1

416-2.2

The Office

Office of Chief Counsel:
of Chief Counsel shall administer and
coordinate all matters relating to the inter-
pretation, administration and enforcement of
labor compliance matters. Except as provided
in chapter 417, this shall include acting as
the Federal Highway Administration coordinator
with the Department of Labor on all relation-
ships with that Department as well as the
resolution of all questions relating to enforce-
ment problems, and all other problems with
respect to the obligations imposed on the
Secretary of Transportation to insure compliance
with 23 U.S.C. 113.

Regional Federal Highway Administrators: The Regional Administrators shall appoint a labor compliance officer whose full or part-time duties, as needs require, will include general administrative functions necessary to insure that all applicable laws and regulations

416-2.2 Continued

416-2.3

416-2.4

relative to labor standards compliance are com-
plied with on projects under the cognizance of
that region. Such officer shall act as the
regional liaison with the the Office of
Chief Counsel, and with the Department of
Labor in matters arising in the region which
can properly be coordinated at the regional
level. He shall be responsible to insure
that division labor compliance officers fully
understand their responsibilities and are
taking effective means for carrying them out.
In addition, he shall insure that requisite
reports as required by this manual are
prepared and submitted. In addition, he shall
keep the Chief Counsel currently advised of
the names of labor compliance officers on the
regional and division levels.

Division Engineers: The division engineers shall be responsible for carrying out applicable labor laws, regulations and the requirements defined by this manual. He shall appoint and supervise the division labor compliance officers in the performance of their duties.

Division Labor Compliance Officers: The division
labor compliance officers shall insure that all
reported violations are promptly and fully investi-
gated, that complaints are made a matter of rec-
ord, that restitution or other necessary corrective
measures are accomplished, and shall be respon-
sible for conducting field inspections and investi-
gations, including the establishment of an effective
plan of inspection, to be conducted as necessary
to verify full compliance with this manual. In
exercise of these duties they shall:

416-2.4 Continued

(a)

(b)

(c)

(a)

(e)

(£)

Familiarize themselves with the applicable laws and regulations dealing with labor standards matters;

Establish proper liaison with the appropriate
officials of the State and contracting
agency, and bring their attention to the
Federal labor standards requirements;

Arrange for periodic and regular inspections
of each project under construction subject
to the Federal labor standards provisions
to verify compliance with said provisions;

Ensure that the State highway department
is conducting systematic employee interviews
to verify compliance

Investigate, or cause to be investigated,
promptly and fully, all complaints, or
allegations of violations of the labor
standards provisions of the contract.
Such investigations shall include inter-
views with the employees concerned,
personally, if possible, or by corres-
pondence when such is necessitated by the
circumstances. (See section 413-5 for
guidance in conducting investigations of
specific complaints.)

Upon request of a representative of the Department of Labor in connection with any matter referred through the Washington offices of the Department of Labor and