U.S. Department of Labor 
Employment Standards Administration
Wage and Hour Division
Washington. D.C. 20210
JAN 2 1991
MEMORANDUM NO. 154
To: ALL CONTRACTING AGENCIES OF THE FEDERAL
GOVERNMENT AND THE DISTRICT OF COLUMBIA
FROM: JOHN R. FRASER
Acting Administrator
SUBJECT: Revisions of the Davis-Bacon Regulations,
29 CFR Parts 1 and 5
On December 4, 1990, the Department of Labor (DOL) published
in the Federal Register (55 FR 50148) its notice implementing
revised final Davis-Bacon regulations, 29 CFR Parts 1 and 5
(attached hereto), governing the use of semi-skilled "helpers"
on federal and federally-assisted construction contracts subject
to the Davis-Bacon and Related Acts. The final rule, previously
published on January 27, 1989 (54 FR 4234), becomes effective on
February 4, 1991.
The revised provisions of 29 CFR Part 5, sections 5.2 (Defini-
tions) and 5.5 (Contract Clauses) are applicable only to con-
tracts entered into pursuant to invitations for bids issued or
negotiations concluded on or after February 4, 1991. The revi-
sions are not applicable to any contracts entered into before
February 4, 1991.
Section 5.2 - Definitions
A new definition is added to 29 CFR Part 5. Section 5.2(n)(4)
defines a "helper” as follows:
A "helper" is a semi-skilled worker (rather than a
skilled journeyman mechanic) who works under the direc-
tion of and assists a journeyman. Under the journey-
man's direction and supervision, the helper performs
a variety of duties to assist the journeyman such as
preparing, carrying and furnishing materials, tools,
equipment, and supplies and maintaining them in order,*
cleaning and preparing work areas; lifting, position-
ing, and holding materials or tools; and other related,
semi-skilled tasks as directed by the journeyman. A
helper may use tools of the trade at and under the
direction and supervision of the journeyman. The par-
ticular duties performed by a helper vary according to
area practice.













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The new helper definition allows the duties of a helper to
overlap, to some extent, the duties of the journeyman the helper
assists.
Section 5.5 - Contract provisions and related matters
When a wage determination in a contract does not include a
particular classification to be employed on the contract, the
contracting officer is required to follow the procedure for
adding classifications, i.e. the conformance process, set forth
in section 5.5(a)(1)(ii).
One of the criteria for the approval of additional classifica-
tions generally precludes the addition of a classification if the
duties involved are performed by a classification already listed
in the wage determination in the contract. The revised regula-
tions provide an exception to this rule to permit the addition of
helper classifications to wage determinations even though some of
the duties to be performed by the helpers may also be performed
by journeymen in the classification they assist (see section
5.5(a) (1) (ii) (A) (1)) . A new section 5.5(a) (1) (ii) (A) [4) requires
that as a prerequisite for approval of a helper classification,
the helper classification prevail in the area where the work is
performed.
Procedures are currently being developed for determining whether
helper classifications prevail and can be conformed. Agencies
are reminded that all proposed additional classification confor-
mance actions must be submitted to the Wave and Hour Administra-
tor for review and approval.
Section 5.5(a)(4)(iv) specifies the permissible ratio of helpers
to journeymen on a project (up to two helpers for every three
journeymen) if the helper classification is specified on a con-
tract wage determination or is approved pursuant to the confor-
mance procedure. To ensure that this ratio does not disrupt
existing established local practices in areas where wage deter-
minations have previously contained helper classifications with-
out any limitation on the number permitted, DOL will consider
requests for variances from the ratio limitation prior to bid
opening on a contract. The variance request will be approved
if supported by a showing that the Davis-Bacon wage determination
in effect for the type of construction in the area before the
effective date of the final helper regulations contained a helper
classification, and that there was a practice in the area of
utilizing such helpers in excess of the two-to-three ratio on
projects to which the Davis-Bacon and Related Acts applied.














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Please ensure that the revised contract clauses set forth at
section 5.5 are incorporated in All contracts for which bids are
solicited or negotiations concluded on or after February 4, 1991.
Agencies are reminded of the need to make appropriate changes in
the procurement regulations (see especially 48 CFR 22.406-3,
52.222-6(b) and 52.222-9) and contract documents to conform to
the revised regulations.
Section 1.7 - Scope of Consideration
The revised regulatory provisions of section 1.7(d) (Scope of
Consideration) are applicable to DOL wage surveys "completed" on
or after February 4, 1991. Surveys will be considered completed
as of the cut-off data for submission of wage data.
New section 1.7(d) specifies how it will be determined whether
use of a particular helper classification prevails in an area.
If the prevailing wage for a particular journeyman classification
is a wage that is paid to the majority of journeymen in the clas-
sification, then the practice followed by those contractors whose
rates are adopted as prevailing for the journeymen shall also be
the prevailing practice in determining whether to issue a helper
classification.
If the prevailing wage for a particular journeyman classification
is the average of the wages paid to the journeymen in the classi-
fication (weighted by the number of journeymen at each rate),
then a comparison will be made between:
(a) the total number of workers in the classification
(journeymen plus apprentices, trainees and helpers)
employed by contractors utilizing helpers, and
(b) the total number of workers in the classification
(journeymen plus trainees and apprentices) employed
by contractors not utilizing helpers, and,
the practice which Covers the larger number of such workers will
determine the prevailing practice.
It is, of course, very important that you ensure that the actions
specified herein are taken in a timely and consistent manner.
It we can be of any assistance in answering questions please
contact Mr. Alan Moss or his staff, who can be reached at
(202) 523-7431.
Attachment