Current through Register Vol. 18, September 20, 2024
(1) A commercial supplier of goods and
supplies is not subject to Montana's prevailing wage laws unless that supplier
acts as a construction contractor, subcontractor or employer on the public
works contract by performing on-site labor.
(2) Employees of a commercial supplier who
are engaged in the performance of services directly upon the job site must be
paid the applicable prevailing wage rate for the classification of work
performed.
(3) For the purposes of
this rule, the term "construction work" means labor that is performed after the
commercial supplier delivers the goods or supplies. The fact that a commercial
supplier charges for delivery (based on distance from the commercial supplier's
location to the job site) does not transform the delivery into "construction
work".
(a) As an example, the dumping of
gravel from a belly-dump trailer, even if the dumping is done in a long row, is
considered to be part of the delivery of the gravel. However, if the driver of
the delivery vehicle performs "shovel work" after the load is dumped, that
"shovel work" is considered to be "construction work".
(b) As another example, ready-mixed concrete
is delivered by a commercial supplier from the mixer truck to a particular
location on the job site. The mixer truck operator is delivering the concrete
when the operator directs the flow of concrete down the delivery chute that is
attached to the mixer truck, even if that flow is directed into a form that has
been assembled by others in place. Further movement or manipulation of the
concrete, after it leaves the end of the delivery chute, such as distributing
the concrete evenly in the form with a shovel or screeding the concrete,
constitutes "construction work".
(c) As another example, a commercial supplier
delivers road oil to a public works contract site in a tank truck. The transfer
of the road oil from the tank truck to a storage tank or into a road oiler
truck is considered to be delivery within the meaning of this rule. However, if
the supplier's tank truck also sprays the road oil directly on the road
surface, that spraying operation is considered to be "construction work" for
which the prevailing rate of wages must be paid.
(d) As another example, a commercial supplier
of cabinets is not engaging in "construction work" by delivering the cabinets
to a particular location or locations in a building that is being constructed
pursuant to a public works contract. However, any installation work done to
attach the cabinets to the building, or work performed after the cabinets are
attached to the building, constitutes "construction work" within the meaning of
this rule.
