Current through August 30, 2024
(a) In
AS
36.95.010(3), "on-site"
means at the physical place where the construction called for in a contract
will remain when work on it has been completed and at other property used by
the contractor or subcontractor in the construction which can reasonably be
said to be included in the site because of proximity. The scope of "on-site"
(1) has the following exceptions:
(A) for a truck driver employee or truck
driver owner/operator working for a contractor or subcontractor on the project,
"on-site" encompasses all round-trip truck driving activity associated with
delivering or hauling away materials, equipment, or supplies for the purposes
of completing a public construction contract;
(B) for a truck driver employee or truck
driver owner/operator who is working for a contractor or subcontractor on the
project, and who, for the purposes of completing a public construction
contract, hauls materials, equipment, or supplies away from a public
construction project footprint, but does not return to the public construction
project, "on-site" encompasses the haul-away activities until the truck is
offloaded;
(C) a truck driver
performing delivery as an employee of a bona fide material supplier or common
carrier is not "on-site" when delivering materials from a location that is not
"on-site," including that material supplier's home yard or warehouse, if that
location is not dedicated exclusively or nearly so to performance of one or
more public construction projects;
(2) is extensive for larger projects,
including airports, dams, and roads, and includes the whole area in which the
contract construction activity will take place; work areas separate from the
physical footprint of the construction activity, including fabrication plants,
mobile factories, batch plants, borrow pits, rock quarries, job headquarters,
tool yards, and similar work areas, are "on-site" if they are in close
proximity and are dedicated exclusively or nearly so to performance of one or
more public construction projects during the period of contract construction
activity;
(3) for smaller projects,
normally includes no more than the building itself and its grounds and other
land or structures that are "down the block" or "across the street" that the
contractor or subcontractor uses in performance of a particular public
construction project.
(b) Laborers, mechanics, or field surveyors
who perform duties within the limits of "on-site" are subject to the
department's wage decision for all hours spent working "on-site." Workers who,
under this subsection, are subject to the department's wage decision include
(1) flaggers;
(2) barricade suppliers who set up or move
barricades or other traffic control devices;
(3) employees of bona fide material suppliers
or common carriers who perform work "on-site," other than mere delivery,
including drivers or delivery workers assisting in specific placement of
asphalt or concrete during construction operations, stocking materials in rooms
or on floors, or otherwise performing work in construction;
(4) workers who perform mobilization or
demobilization activities;
(5)
workers contracted or employed by material or equipment suppliers who erect,
clean, repair, construct, or perform operational checks, other than
contractually obligated warranty work, on equipment or material located
"on-site"; and
(6) laborers,
mechanics, or field surveyors who are engaged by a person or business that is
hired or contracted by a prime construction contractor or subcontractor to
provide services that are integral and necessary to the construction project;
workers who are subject to this paragraph
(A)
shall be considered to be "on-site" in the performance of those duties that the
contractor or subcontractor was required to perform;
(B) include a trucking firm other than a
common carrier whose services are engaged by a construction contractor or
subcontractor on a public works job to pick up materials from a supplier's
delivery point and transport them to the job site.
(c) Not included in "on-site" are
permanent home offices, branch plants, fabrication plants, tool yards, and
other establishments of a contractor or subcontractor whose locations and
continuance are governed by his general business operations. This is so even
though mechanics, laborers, and field surveyors working at such establishments
may repair or maintain machinery used in contract performance, or make doors,
windows, frames, or forms called for by the contract while continuing normal
commercial work. Regardless of the activities performed at these establishments
the department's wage decision does not apply, because they are not "on-site."
However, if mechanics, laborers, or field surveyors are required to go to a
place that is "on-site" to perform activities on the contract, the department's
wage decision is applicable for the actual time so spent, not including
travel.
(d) For purposes of this
section, a location or work area, or the existence or continuing operation of
an enterprise, is dedicated exclusively or nearly so one or more public
construction projects to if
(1) the location,
work area, or enterprise is established in conjunction with one or more public
construction projects; and
(2)
during the year before a public construction project and during the life of a
public construction project, less than 10 percent of documented sales or other
uses are attributed to non-public construction projects.
(e) For purposes of this section, a site is
in proximity to a public construction project if it is nearby the public
construction project footprint and used on a regular and recurring basis to
complete the public construction contract. The department will determine
whether a site is in proximity to a public construction project on a
project-by-project basis, taking into account
(1) the type of project;
(2) whether the use of a nearby site is
required for completion of the project;
(3) whether the area of contract operations
is developed or undeveloped; and
(4) the geographical lay of the
land.
(f) In this
section,
(1) "bona fide material supplier"
(A) means a commercial enterprise that holds
itself out to the public as offering to supply sand, gravel, ready-mixed
concrete, hot asphalt, or other construction materials to multiple clients for
both public and private jobs;
(B)
does not include a commercial enterprise whose existence or continuing
operation is dedicated exclusively or nearly so to one or more public
construction projects;
(2) "common carrier"
(A) means a commercial enterprise that holds
itself out to the public as offering to transport freight or passengers and
delivers multiple types of materials to multiple clients for both public and
private jobs on a recurrent basis over established routes; in this
subparagraph, "freight"
(i) means materials,
supplies, and equipment, other than materials described in (ii) of this
subparagraph;
(ii) does not include
dirt, sand, gravel, rock, or other naturally occurring earth
materials;
(B) does not
include a commercial enterprise whose existence or continuing operation is
dedicated exclusively or nearly so to one or more public construction
projects.
Authority:AS
23.05.060
AS 36.05.030
AS
36.10.075
