Tenn. Comp. R. & Regs. 0800-03-02-.01 - DEFINITIONS

(1) As used in these rules, unless the context otherwise requires:

(a) "Apprentices" means those persons registered individually under a bona fide apprenticeship program registered with the Bureau of Apprenticeship and Training of the United States Department of Labor. The state agency contracting officer shall require the contractor or subcontractor using the apprentice to submit evidence of his/her indenture and/or apprenticeship registration when the apprentice's name first appears on a submitted payroll.

(b) "Commission" means the Prevailing Wage Commission or its administrative delegate, the Department of Labor and Workforce Development ("Department").

(c) "Covered Worker" means a worker employed on a state construction project as defined by T.C.A. § 12-4-402(6).

(d) "Subcontractor" means one who performs part of the work called for in the contract. This term shall include materialmen whose employees engage in the substantial operations at the project site, provided the employees of the materialmen devote as much as 20 percent of their work time on the construction site.

(e) "State contract" means any contractual agreement, written or oral, entered into by any person, firm or corporation with this state for the performance of work on a state highway construction project.

(f) "Highway contractor" means any contractor, subcontractor, person, firm, or corporation engaged in a state construction project for the purpose of building, rebuilding, locating, relocating, or repairing any public highway.

(g) "Public highway" means any street, road, highway, expressway, bridge, or viaduct, including an adjacent right-of-way, that is constructed or maintained by the state, or any municipality or political subdivision of the state, and that is funded in whole or in part with federal or state highway funds.

(h) "State highway construction project" means any construction project for the purpose of building, rebuilding, locating, relocating, or repairing any public highway.

(2) Tennessee Prevailing Wage Rates apply to any highway contractor entering into a state contract for the performance of work on state highway construction projects. If an entity not defined above so chooses to include prevailing wage rates, the Tennessee Department of Labor and Workforce Development has no jurisdiction to enforce those prevailing wage rates.

Notes

Tenn. Comp. R. & Regs. 0800-03-02-.01

Original Rule filed June 14, 1976; effective July 14, 1976. Repeal and new rule filed March 12, 1987; effective April 26, 1987. Repeal and new rule filed June 30, 2006; effective September 13, 2006. Amendments filed April 8, 2019; effective 7/7/2019.

Authority: T.C.A. §§ 12-4-402, 12-4-403, 12-4-413, and 12-4-415.