4101:9-4-10 Procedure for requesting wage rate schedules.

(A) Every public authority authorized to contract for or construct with its own forces a public improvement, before advertising for bids or undertaking such construction with its own forces, shall have commerce determine the prevailing rate of wages to be paid to laborers, workmen, and mechanics for the class or classes of work called for in the construction of the public improvement. The public authority shall initially request a wage rate schedule under sections 4115.03 to 4115.16 of the Revised Code by submitting the standard forms, supplied by the director, to the following address: "Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage and Hour Administration, 6606 Tussing Rd., P.O. Box 4009, Reynoldsburg, OH 43068-9009."

(B) The public authority shall supply the following information to the division on the applicable forms:

(1) A sufficiently detailed description of the work to indicate the type of construction involved, prepared by the designing architect and/or engineer, unless there is no designing architect or engineer in which case the identity of the person providing the description shall be provided.

(2) A sufficiently detailed, itemized breakdown of all expected costs, prepared by the designing architect and/or engineer, unless there is no designing architect or engineer in which case the identity of the person providing the description shall be provided.

(3) The county in which the project is to be constructed.

(4) The estimated time of completion of the project.

(5) The estimated total cost of the project.

(6) The type of funding involved.

(C) The time required to process requests for a wage rate schedule is dependent upon the facts and circumstances of each project. Commerce shall process each request within thirty days.

(D) The schedule of wage rates, as formulated by commerce, shall be attached to and made a part of the specifications for all work to be performed on every public improvement project subject to sections 4115.03 to 4115.16 of the Revised Code.

(E) Where any work is to be performed pursuant to a contract, the schedule of wage rates shall also be printed on the bidding blanks.

(F) True and accurate copies of the bidding blanks shall be filed with commerce by the public authority prior to the award of the general contract.

(G) Any person may be placed on a county-by-county mailing list for changes in the wage rate schedules by either accessing the wage rate schedules via electronic means through the department of commerce, division of labor and worker safety website, or paying an annual fee of fifteen dollars per county and providing a sufficient supply of self-addressed envelopes. Each wage rate schedule will be charged at twenty-five cents a page.

(H) In the event that it is unclear which occupation, class or trade to categorize an employee because the work to be performed on a public improvement by said employee fits the description of more than one occupation, class or trade, the proper category shall be determined by commerce looking to a number of factors including but not limited to, past industry practices in the locality concerning which occupation, class or trade has traditionally done said work.

Effective: 04/30/2012
R.C. 119.032 review dates: 12/29/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 4115.12
Rule Amplifies: 4115.03 , 4115.04 , 4115.05 , 4115.08
Prior Effective Dates: 2/15/90; 6/23/97; 6/3/04