OAR 839-025-0320: Payment of Prevailing Wage by Persons Other than Contractors or Subcontractors Prohibited

(1) Except as provided herein, no person, other than the contractor or subcontractor, shall pay or contribute any portion of the prevailing rate of wage specified in the contract to workers employed on the public works contract. (2) A contractor or subcontractor violates ORS 279C.840(6)(a) and section (1) of this rule if another contractor, subcontractor, public agency, surety, or person pays the prevailing rate of wage or contributes any portion of the prevailing rate of wage that the contractor or subcontractor owes or pays to its workers for labor performed on a public works project. (3) Section (1) of this rule does not apply to payments to workers who are enrolled in government-subsidized training or retraining programs. (4) For purposes of this rule, a person pays or contributes to the payment of the prevailing rate of wage when a contractor or subcontractor receives monies pursuant to a program, plan or other agreement that includes a provision that members of a labor organization contribute part of their wages to the labor organization for the purpose of paying contractors or subcontractors the difference in the wage rate negotiated under the collective bargaining agreement and the wage rate used by the contractor or subcontractor in obtaining a contract. However, a person does not pay or contribute to the payment of the prevailing rate of wage when the contractor or subcontractor receives monies pursuant to such program, plan or agreement if the collectively bargained wage rate exceeded the prevailing rate of wage in effect at the time the contractor or subcontractor made a bid on a contract.