8 AAC 30.910. Definition of "on-site."

(a) In AS 36.95.010 (3), "on-site" means at the physical place where the construction called for in a contract will remain when work on it has been completed and at other adjacent or nearby property used by the contractor or subcontractor in the construction which can reasonably be said to be included in the site because of proximity. For example, if a small office building is being erected, "on-site" will normally include no more than the building itself and its grounds and other land or structures "down the block" or "across the street" which the contractor or subcontractor uses in the course of his performance on a particular contract. In the case of larger contracts such as for airports, dams or road projects, the scope of "on-site" is necessarily more extensive and includes the whole area in which the contract construction activity will take place. Fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., are "on-site," provided they are dedicated exclusively or nearly so to performance of the contract.

(b) Once the limits of "on-site" have been determined, the department's wage decision is applicable to those mechanics, laborers, or field surveyors engaged to perform work within these limits or "on-site," including drivers who leave the site to transport materials and equipment used in the course of contract operations. Laborers, mechanics, or field surveyors who perform duties within the limits of the "on-site" determination are subject to the department's wage decision for all hours spent working "on-site." This includes: Flagmen; barricade suppliers who set up or move barricades or other traffic control devices; employees of material suppliers who perform work "on-site", other than mere delivery, such as the stocking of materials in rooms or on floors; workers involved in any mobilization or demobilization activities; and material or equipment suppliers who erect, clean, repair, construct, or perform operational checks, other than contractually obligated warranty work, on equipment or material located "on-site." Similarly, laborers, mechanics, or field surveyors who are engaged by a person or business that is hired or contracted by a prime construction contractor or subcontractor to provide services which are integral and necessary to the construction project shall be considered to be "on-site" in the performance of those duties which the contractor or subcontractor was required to perform. For example: A trucking firm whose services are engaged by a construction subcontractor on a public works job to pick up materials from a supplier's delivery point and transport them to the job site is considered to be "on-site" if the transportation is dedicated to one or more public construction projects. On the other hand, a freight company that delivers multiple types of materials to multiple clients, for both public and private jobs, on an established route, on a recurrent basis is not considered "on-site."

(c) Not included in "on-site" are permanent home offices, branch plants, fabrication plants, tool yards, and other establishments of a contractor or subcontractor whose locations and continuance are governed by his general business operations. This is so even though mechanics, laborers and field surveyors working at such establishments may repair or maintain machinery used in contract performance, or make doors, windows, frames, or forms called for by the contract while continuing normal commercial work. Regardless of the activities performed at these establishments the department's wage decision does not apply because they are not "on-site." However, if mechanics, laborers or field surveyors are required to go to a place which is "on-site" to perform activities on the contract, the department's wage decision is applicable for the actual time so spent, not including travel.

(d) For purposes of (b) of this section, contractually obligated warranty work

(1) includes work under a limited or full warranty; the services that are normally provided under that warranty to repair a defect or malfunction are not subject to AS 36 even if performed on-site; and

(2) does not include routine daily or periodic maintenance.

History: Eff. 7/30/82, Register 83; am 1/2/91, Register 116; am 8/9/2001, Register 159

Authority: AS 23.05.060

AS 36.05.030

AS 36.10.075

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