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<br />subcontractor for unpaid wages and liquidated damages as provided in the clause <br />set forth in subparagraph (2) of this paragraph. <br />(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the <br />clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause <br />requiring the subcontractors to include these clauses in any lower tier subcontracts. <br />The prime contractor shall be responsible for compliance by any subcontractor or <br />lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of <br />this paragraph. <br /> <br />C. Health and Safety <br />(1) No laborer or mechanic shall be required to work in surroundings or under <br />working conditions which are unsanitary, hazardous, or dangerous to his health and <br />safety as determined under construction safety and health standards promulgated by <br />the Secretary of Labor by regulation. <br />(2) The contractor shall comply with all regulations issued by the Secretary of Labor <br />pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result <br />in imposition of sanctions pursuant to the Contract Work Hours and Safety <br />Standards Act (Public Law 91-54.83 State 96). <br />(3) The contractor shall include the provisions of this Article in every subcontract so <br />t~at_~_~ch_prc:>y'isions vyill pe binding on each. su~col'!!ractor. The contractor shall take <br />such action with respect to any subcontract as the Secretary of Housing and Urban <br />Development or the Secretary of Labor shall direct as a means of enforcing such <br />provisions. <br /> <br />11. Guidance to Contractor for Compliance with Labor Standards Provisions <br />a) Contracts with Two Wage Decisions <br /> <br />If the contract includes two wage decisions, the contractor, and each subcontractor <br />who works on the site, must submit either two separate payrolls (one for each wage <br />decision) or one payroll which identifies each worker twice and the hours worked <br />under each wage decision. One single payroll, reflecting each worker once, may be <br />submitted provided the Contractor uses the higher rate in the wage decisions for <br />each identical job classification. <br /> <br />However, where a job classification is not listed in a wage decision and is needed for <br />that portion of the work, the classification must be added to the wage decision. A <br />worker may not be paid at the rate for a classification using the hourly rate for that <br />same classification in another wage decision. After the additional classification is <br />approved, the contractor may pay the higher of the two rates and submit one payroll, <br />if desired. <br /> <br />b) Complying with Minimum Hourly Amounts <br /> <br />1) The minimum hourly amount due to a worker in each classification is the total of <br />the amounts in the Rates and Fringe Benefits (if any) columns of the applicable <br />wage decision. <br />2) The contractor may satisfy this minimum hourly amount by any combination of <br />cash and bona fide fringe benefits, regardless' of the individual amounts reflected in <br />the Rates and Fringe Benefits columns. <br /> <br />09/09 <br /> <br />00810-8 <br /> <br />03-4122.F <br />