OVERVIEW

The Contract Work Hours and Safety Standards Act (CWHSSA) applies to federal service contracts and federal and federally assisted construction contracts over $100,000. It requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts one and one-half times their basic rate of pay for all hours worked over 40 in a workweek. This Act also prohibits unsanitary, hazardous, or dangerous working conditions on federal and federally financed and assisted contruction projects.

The Wage and Hour Division (WHD) of the Employment Standards Administration (ESA) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL's Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

• Employment Law Guide: Hours and Safety Standards in Construction Contracts

FACT SHEETS

• Occupational Safety and Health Administration (OSHA) Compliance Assistance Fact Sheet (PDF)

RECORDKEEPING

Depending on the type of federal procurement contract involved, the recordkeeping requirements the Copeland Act or the McNamara-O'Hara Service Contract Act apply to contracts subject to the Contract Work Hours and Safety Standards Act (CWHSSA).

APPLICABLE LAWS AND REGULATIONS

• Title I - Contract Work Hours and Safety Standards Act
• 29 CFR Part 4 - Regulations describing the labor standards for federal service contracts.
• 29 CFR Part 6 - Regulations describing the Rules of Practice for administrative proceedings enforcing labor standards in federal and federally assisted construction contracts and federal service contracts.
• 29 CFR Part 8 - Regulations describing practice before the Administrative Review Board with regard to federal service contracts.
• 29 CFR Part 5 - Regulations regarding the labor standards provisions applicable to contracts covering federally financed and assisted construction, as well as the labor standards applicable to nonconstruction contracts subject to the Contract Work Hours and Safety Standards Act.
• The Occupational Safety and Health (OSH) Act of 1970 (PDF)
• 29 CFR Parts 70 to 240 - Regulations issued by the Occupational Safety and Health Administration (OSHA) that cover a broad array of subjects, including procedures for state agreements; standards applicable to specific industries, such as shipyards, marine terminals, and agriculture; recording and reporting occupational injuries and illness; safety standards; health standards; and criteria for assessment of penalties.

RELATED TOPICS AND LINKS

• Employment Law Guide - "Kickbacks" in Federally Funded Construction (Copeland Act) - Prohibits a contractor or subcontractor from in any way inducing an employee to give up any part of the compensation to which he or she is entitled under his or her contract and requires contractors and subcontractors on certain federally funded construction contracts to submit weekly statements of compliance. See also Compliance Assistance By Law - The Copeland "Anti-Kickback" Act.
• Davis-Bacon and Related Acts Compliance Assistance Web Page
• McNamara-O’Hara Service Contracts Act Compliance Assistance Web Page
• Wage Determinations OnLine - This Web site provides a single location for federal contracting officers and the public to use in obtaining appropriate Service Contract Act (SCA) and Davis-Bacon Act (DBA) wage determinations (WDs) for each official contract action.
• State Occupational Safety and Health Plans
• OSHA Industry-Specific Resources

DOL CONTACTS*

• Employment Standards Administration (ESA)
  Wage and Hour Division
  200 Constitution Avenue, NW
  Room S-3502
  Washington, DC 20210
  Contact WHD
  Tel: 1-866-4USWAGE (1-866-487-9243)
  TTY: 1-877-889-5627
  Local Offices

• Occupational Safety and Health Administration (OSHA)
  200 Constitution Avenue, NW
  Washington, DC 20210
  Contact OSHA
  Tel.: 1-800-321-OSHA (1-800-321-6742)
  TTY: 1-877-889-5627
  Local Offices

• For questions on other DOL laws,
  please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service. Tel: 1-866-4-USA-DOL
  TTY: 1-877-889-5627

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.