OAR 839-025-0007: Purpose and Procedure for Special Wage Determination

(1) In planning a public works project, public agencies periodically require the use of a trade not normally included in wage determinations. Special wage determinations allow the commissioner to recognize a trade and establish a rate for it. This procedure also allows the commissioner to respond in a timely fashion to the needs of the public agency. Special wage determinations are not available when the wage determination is applicable. (2) Any public agency may submit a written request for a special wage determination to the Prevailing Wage Rate Unit. The request must contain: (a) A written description of the work to be performed; and (b) An identification of the requested trade(s). (3) Within two weeks the PWR Coordinator will recommend to the commissioner whether or not a special wage determination should be established. (4) If a special wage determination is to be allowed, the PWR Coordinator will provide the requesting agency with the instruments, procedures, and minimum requirements for conducting a wage survey. The requesting agency will conduct the wage survey in accordance with bureau procedures and submit the results to the PWR Coordinator. (5) The PWR Coordinator will review the data for methodological compliance and accuracy and submit it to the commissioner with a recommendation. (6) The commissioner will approve or disapprove the special wage determination request after considering the PWR Coordinator's recommendation. The public agency will be notified, in writing, of the commissioner's final decision. (7) If the special wage determination is approved, it is valid only for the locality specified in the special wage determination and only until the first day of July following the date of approval unless amended prior to that date. (8) A copy of the approved special wage determination will be kept on file by the PWR Coordinator and the Wage and Hour Division.