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  Notice to Drivers of BITUMINOUS CONCRETE

------------------------------------------------------------------------
*NOTICE: TO AWARDING AUTHORITIES AND CONTRACTORS*

*ISSUED: SEPTEMBER 1, 2006*

*DRIVERS WHO HAUL BITUMINOUS CONCRETE (ASPHALT)*

The Massachusetts Supreme Judicial Court recently affirmed that drivers
who haul

bituminous concrete to public construction projects are not covered by
the Prevailing Wage

Law while off-site, including time spent over-the-road and picking-up
materials. These drivers

are covered by the Prevailing Wage Law only while on-site at the public
construction project.

In Teamsters Joint Council No. 10 v. Department of Labor, et al., 447
Mass. 100 (2006),

the SJC upheld a 2001 administrative decision limiting the applicability
of prevailing wage

rates to the time bituminous drivers spend at the public construction
site. This most recent

decision of the SJC followed a 1989 ruling that had upheld an earlier
Department of Labor

(and Industries’) policy that had deemed this category of drivers to be
“teamsters” under the

Law and, therefore, entitled to prevailing wage rates. See Construction
Industries of

Massachusetts v. Commissioner of Labor and Industries, 406 Mass. 162
(1989). However, the

earlier court case had left open the question of whether this entitled
these bituminous drivers to

prevailing wage rates for their over-the-road time as well as their
on-site time. This most

recent decision has now answered that question.

All of the requirements of the Prevailing Wage Law, including certified
weekly payroll

requirements, apply to bituminous drivers for all time spent at the
public construction site.

DRIVERS WHO HAUL READY-MIX CONCRETE (CEMENT)

Drivers who haul ready-mix concrete to public construction projects are
not covered by

the Prevailing Wage Law while off-site, including time spent
over-the-road and picking-up

materials. These drivers are covered by the Prevailing Wage Law while
on-site at the public

construction project. This applicability determination was established
by a 2001 administrative

decision of the Department of Labor’s Division of Occupational Safety.

All of the requirements of the Prevailing Wage Law, including certified
weekly payroll

requirements, apply to ready-mix drivers for all time spent at the
public construction site.

Please feel free to contact the Division of Occupational Safety at
617-626-6953 if you

have any questions. Questions about enforcement of the Prevailing Wage
Law may be directed

to the Attorney General’s Fair Labor and Business Practices Division at
617-727-3465


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