(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-~347 shail satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph 3.b.(2) of
this section
(4) The falsification of any of the above certifications may
subject the contractor or subconiractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
{itle 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the Slate DOT, the
FHWA, or the Department of Labor, and shalt permit such
representatives to interview employees during working hours
on the Job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5,12.
4, Apprentices and tralnees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a Stale Apprenticeship Agency recognized by the Office, or ifa
person Js employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rale on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the fob site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which iis program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractors registered
program shail be observed.
Every apprentice must be paid at nol Jess than the rate
specified in the registered program for the apprentice’s leve! of
progress, expressed as a percentage of the journeymen hourly
tate specified in the applicable wage determination.
Apprentices shail be paid fringe benefils in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does nat specify fringe benelits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines thal a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program Is approved.
b, Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall nol be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines thal
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shail
be paid nol less than the applicable wage rale on the wage
determination for the classification of work actually performed
In addition, any trainee performing work on the job site in
excess of the ratlo permitted under the registered program
shall be pald not less than the applicable wage rate on the
wage determination for the work actually performed.
in the event the Employment and Training Administration
wilhdraws approval of a training program, the contractor will no
longer be permilied to utilize trainees al less than {he
applicable predetermined rate for the work performed until an
acceptable program is approved.
¢ Equat employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment cpportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30
