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Federal Davis-Bacon Requirements: Who is Covered – Truck Drivers

Truck Drivers and the transportation of goods and materials to and from a job site is often a subject that confuses many contractors. The following guidelines for truck drivers and when Davis-Bacon rates apply is quoted directly from the Davis-Bacon Field Operation Manual:

1. Truck drivers employed by a construction prime contractor or subcontractor to transport materials or equipment to a Davis-Bacon and Related Acts (DBRA) project, or from a DBRA project to return materials to the contractor’s or subcontractor’s plan or yard, are covered. Drivers employed by a prime contractor or subcontractor transporting materials or equipment from a DBRA project to another DBRA project are also covered, and the time so spent is compensable at the DBRA rate required to be paid on the latter project. Drivers

employed by a prime or subcontractor transporting materials or equipment away from a DBRA project to another project of the contractor or subcontractor are also covered, even where the latter project is not subject to DBRA.

2. Truck drivers engaged in hauling excavated material, debris, dirt, asphalt for recycling, etc., away from a DBRA covered construction site are covered for the time spent loading at the site, transporting the material and unloading. All truck drivers engaged in such activities are covered regardless of their employer who is engaged in such activities pays for the materials being transported away from the construction site. Such truck drivers are covered because they are engaged in activities which are required by the construction contract.

3. In situations where truck drivers are employed  by an independent contractor or a bona fide materialman to haul material to a covered project from a non-covered supply source (e.g. sand or gravel pit, asphalt plant serving the public in general), such drivers would not be covered.

4. In situations where truck drivers are employed by an independent contractor or a materialman to haul materials from covered supply source (e.g. batch plants or borrow pits, stockpiles), which have been established to set up exclusively, or nearly so, the covered project, such drivers would be covered for the time so spent.

The information above is brought to you by: Deborah Wilder’s “What Every Contractor Should Know About Prevailing Wages”

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