HAR §12-22-1. Definitions

As used in this chapter: "Apprentice" shall have the same meaning as in section 372-2, HRS. "Basic hourly rate" shall have the same meaning as in section 104-1, HRS. "Construction of public work" includes without limitation new construction, reconstruction, development, improvement, alteration, repair, renovation, painting, decorating, dredging, shoring, simultaneous sewer inspection and repair, and any other activity performed by a laborer or mechanic employed at the site of a public work or at any property used by the contractor, dedicated for the performance of the contract, such as batch plants, borrow pits, fabrication plants, mobile factories, job headquarters, and tool yards. As used in this definition, "other activity performed by a laborer or mechanic employed at the site" includes the following if the activity is an integral part of or is in conjunction with a construction contract, or if there §12-22-1 22-4 is substantial construction activity involved in a supply, service, or other type of non-construction contract: (1) Manufacturing or furnishing of materials, articles, supplies, or equipment on the job site; (2) Warranty work; (3) Demolition or excavation; (4) Landscaping; (5) Termite treatment; and (6) Installation at the construction site of items or articles fabricated off-site, such as shelving, drapery, and communications equipment. "Contract" means any type of agreement over $2,000 for construction of a public work, regardless of what the agreement may be called, including purchase orders and vouchers. "Contractor" shall have the same meaning as in section 104-1, HRS, including but not limited to the general contractor or any subcontractor, any individual, partnership, firm, corporation, joint venture, or other legal entity, acting directly or through an agent, employee, consultant, corporate officer or corporate director, undertaking the execution of a construction contract over $2,000 with a governmental contracting agency. "Cost of fringe benefit" means the rate of contribution irrevocably made by a contractor to a trustee or to a third person pursuant to a fund, plan, or program in providing benefits to a laborer or mechanic for: (1) Health and welfare such as medical or hospital care, or insurance to provide for any of the foregoing; (2) Unemployment, life insurance, sickness or disability insurance, or accident insurance; (3) Vacation and holiday pay; (4) Pensions on retirement or death; (5) Defraying costs of apprenticeship or other similar programs; or §12-22-1 22-5 (6) Other bona fide fringe benefits as determined by the director; except for chapter 393, HRS, where a contractor is required by either federal or state law to provide these benefits the rate of contribution or other costs for these benefits shall not be included. "Department" means the department of labor and industrial relations. "Director" shall have the same meaning as in section 104-1, HRS. "Employed" includes every person paid in any manner for working in the construction of a work under a contract with a governmental contracting agency, regardless of any contractual relationship alleged to exist. "Falsification of records" means the submission or filing of inaccurate, misleading, or incorrect payment information on certified payrolls, fringe benefit reporting forms, or other documentation required by this chapter for construction work performed on a public works construction project when the form submitted has been attested to or certified to be true and correct by the contractor or the contractor’s designated representative. "Governmental contracting agency" shall have the same meaning as in sections 104-1 and 104-2, HRS. "Hawaii Revised Statutes" or "HRS" means laws enacted by the Hawaii state legislature. "Prevailing area practice" means the labor classifications of the work performed by the laborers or mechanics of the group used by the contractors whose wage rates were determined to be prevailing in the locality and are incorporated into and represented in the applicable wage rate schedule issued by the department. "Public work" shall have the same meaning as in section 104-1, HRS, and includes without limitation: (1) Any building, structure, road, or real property, the construction of which is undertaken: (A) By authority of; and §12-22-1 22-6 (B) Through the use of funds, grants, loans, bonds, land, or other resources of the State or any county, board, bureau, authority, commission, or other agency or instrumentality thereof, to serve the interest of the public, regardless of whether title thereof is held by a state or county agency. However, subsequent construction to fixtures or appurtenances attached to the assigned space of an individual occupant, lessee, or tenant of the building or structure, contracted by other than a state or county agency or instrumentality thereof, shall not be subject to chapter 104, HRS; or (2) A construction contract between private persons in accordance with section 104-2.5, HRS. "USDOL" means the United States Department of Labor. "Wages", "minimum wages", "prevailing wages", "rate of wages", and "wage rates" shall have the same meaning as in section 104-1, HRS. [Eff 7/27/81; am and comp 4/1/96; am and comp 7/23/18 ] (Auth: HRS §104-29) (Imp: HRS §104-29) §12-22-1.1 Transporting of materials, supplies, or equipment. (a) Chapter 104, HRS, and this chapter are applicable, but not limited to, a laborer or mechanic who is employed and performs work at a public work site and transports materials, supplies, or equipment: (1) To or from a public work site; or (2) Between a public work site and either another public work site or a dedicated site. (b) The following illustrate situations in which chapter 104, HRS, and this chapter are not applicable: §12-22-3 22-7 (1) Delivery of materials, supplies, or equipment to a public work site if the delivery persons only drop off the items and perform no construction work at the public work site; (2) Hauling of excavated material away from a public work site for disposal or recycling, where the drivers are on the site only to have their trucks filled; (3) Continuous hauling of material to and from a public work site, and the drivers perform no construction work at the public work site; or (4) Delivery or removal of equipment to or from a public work site, and the delivery persons operate no equipment or perform no other work as a laborer or mechanic on the public work site. [Eff and comp 4/1/96; am and comp 7/23/18 ] (Auth: HRS §104-29) (Imp: HRS §104-29) §12-22-2 Method to determine prevailing wage rates. (a) The rates of wages which the director shall regard as prevailing in each corresponding classification of laborers and mechanics shall be as defined in section 104-2(b)(1)(A) and (B), HRS. (b) If there is no modal rate, then the average of the rates that occur with the highest frequency. [Eff 7/27/81; am and comp 4/1/96; am and comp 7/23/18 ] (Auth: HRS §104-29) (Imp: HRS §104-2)