Before advertising for bids, contracting, or undertaking construction with its own forces to construct a public improvement, the public authority shall have the Ohio Department of Commerce determine the prevailing rates of wages for workers employed on the public improvement. The wage determination must be included in the project specifications and printed on the bidding blanks when work is done by contract.
* "New" construction has a threshold level of $78,258.00, adjusted biennially.*
* "Reconstruction, enlargement, alteration, repair, remodeling, renovation, or painting" has a threshold of $23,447.00 adjusted biennially.
Every contract for public work shall contain a provision that each worker employed by the contractor or subcontractor, or other person about or upon the public work, must be paid the prevailing rate of wages. If contracts are not awarded or construction undertaken within 90 days from the date of the determination of the prevailing wage by the Ohio Department of Commerce, then the public authority must request a redetermination of the wage rates before the contract is awarded.
Within seven working days after the receipt of notification of a change in the prevailing wage rates, the public authority shall notify all affected contractors and subcontractors. If it is determined that a contractor or subcontractor has violated sections 4115.03 to 4115.16 of the Ohio Revised Code because they were not notified as required, the public authority may be liable for any back wages , fines , damages, court costs and attorneys fees for the period of time covering the receipt of wage changes , until they give the required notice.
No public authority shall award a contract for a public improvement to any contractor or subcontractor whose name appears on the list of debarred contractors. This list is filed with the Ohio Secretary of State. The filing of the notice of conviction with the Secretary of State constitutes notice to all public authorities. These Contractors are prohibited from working on public improvements for a period of up to three years.
A public authority must designate and appoint one of its own employees to serve as the Prevailing Wage Coordinator during the life of the contract for constructing the public improvement. A Prevailing Wage Coordinator must be appointed no later that 10 days before the first payment of wage by contractors to employees working on the public improvement.
Prevailing Wage Coordinator Guidelines
Establish and follow procedures to monitor compliance by contractors and subcontractors.
- Attend pre-bid and/or pre-construction meetings.
- Set up and maintain records of payroll reports, final affidavits, and related documents with respect to the project for all contractors. Files must be available for public inspection and copying by an authorized agent of the State. These records must not be removed from the State of Ohio for a period of one year following the completion of the project.
- Obtain from each contractor a list of its subcontractors' names, addresses, and telephone numbers.
- Obtain from each contractor, the name and address of its Bonding/Surety Company. Obtain from out-of-state corporations, the name and address of their Statutory Agent. (This agent must be located in the State of Ohio and registered with the Ohio Secretary of State).
- Obtain from each contractor, its certified payroll report, within two weeks after the first pay. A certified report is one that is sworn to and signed by the contractor. ( The initial report must be filed within two weeks)
- Visit the project to verify posting requirements and job classifications.
- Review certified payroll reports to ensure they are submitted in a timely fashion and complete with the following information for each employee.
- Name, current address, social security number
- Classification (must be specific for laborers and operators)
- Hours worked on the project
- Hourly rate
- Fringe benefits, if applicable
- Gross wages, all deductions, net pay
- Compare rates and fringes reported to rates in prevailing wage schedule.
Upon completion of the project and prior to the final payment, require an affidavit of compliance from each contractor and subcontractor. No public authority shall make final payment to any contractor or subcontractor unless the final affidavits have been filed by the respective contractor and subcontractor (ORC Section 4115.07). Report any and all possible violations to the:
Labor and Worker Safety, Wage and Hour Bureau,
6606 Tussing Road, P.O. Box 4009
Reynoldsburg, Ohio 43068-9009, (614) 644-2239
Information on this site is believed to be accurate but is not guaranteed. The State of Ohio disclaims any liability for any errors or omissions.