Bill Text: VA HB139 | 2024 | Regular Session | Prefiled
Bill Title: Underground infrastructure works by public service companies; payment of prevailing wage rate.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Failed) 2024-03-09 - Failed to pass in House [HB139 Detail]
Download: Virginia-2024-HB139-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§56-260.40-56-260.40the Code of Virginia is enacted as follows:
§56.260-40. Short title.
This act shall be known and may be cited as the Underground Infrastructure Works Act.
§56.260-41. Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Department." The Virginia Department of Labor and Industry.
"Prevailing Wage Act." Virginia Code §2.2-4321.3
"Public Service Company." As defined by §56-1 (relating to definitions).
"Underground infrastructure work." All construction, reconstruction, demolition, alteration or repair work, other than maintenance work, including traffic control, related to an underground system of distribution, conveyance, transmission, diversion, collection, treatment or storage that is owned, used or maintained by a public service company.
"Mechanic, laborer or worker." As defined under section (B) of the Prevailing Wage Act.
§56.260-43. Minimum workplace standards required.
A public service company shall ensure that a contractor or subcontractor that is engaged to perform underground infrastructure work:
(1) Certifies that all mechanics, laborers, or workers employed on an underground infrastructure work have successfully completed workplace safety and hazard mitigation training that includes:
(i) A 10-hour construction safety training course established by the Occupational Safety and Health Administration of the United States Department of Labor.
(ii) An adult first-aid course that includes CPR/AED that is deemed acceptable to the department in consultation with the Virginia Department of Health.
(iii) If the project includes public roadways, an onsite traffic control training course deemed acceptable to the Department, in consultation with Virginia Department of Transportation.
(iv) Any other workplace safety or hazard mitigation training that may be required by statute or regulation.
(2) Pays not less than the prevailing minimum wages and fringe benefit rates as would be applicable ot a project of public work under the Prevailing Wage Act, and as determined by the Commissioner of Labor and Industry on the basiss of applicable prevailing wage rate determinations for highway and road construction made by the U.S. Secretary of Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. §276 et seq., as amended.
(3) Complies with applicable provisions of the Prevailing Wage Act, including posting of wage determinations and retention of payroll records as required by §56-260.45.
(4) Maintains records demonstrating compliance with the minimum requirements of this section for not less than six years after the date of payment of wages.
§56.260-44. Application of Prevailing Wage Act.
(a) General Rule. --The requirements of §56.260-43(2) shall apply to the prevailing minimum wages and fringe benefit rates for highway and road construction due and payable to and on behalf of any worker, in every trade or craft, employed by a contractor or subcontractor , performing services on an underground infrastructure work without regard to the dollar value of the contract for construction services.
(b) Duties of the Department of Labor and Industry. --
(1) The Department shall enforce the requirements of §56.260-43(2) and (3) of this section and shall apply the same administration and enforcement applicable to any project undertaken under the requirements of the Prevailing Wage Act to ensure compliance.
(2) The Department shall, at the request of a public service company, determine and make available the prevailing minimum wage rates for underground infrastructure work.
(c) Duties of a public service company. --
(1) A public service company and its contractors, engaged to perform underground infrastructure work, shall comply with all provisions and requirements of the Prevailing Wage Act for all crafts and classifications of workmen who are employed to perform work on an underground infrastructure facility.
(2) A public service company shall, prior to entering into or modifying a contract for underground infrastructure work, request and obtain the prevailing minimum wage and benefit rates for highway and road construction determined by the Commissioner of Labor and Industry and make them available to the public service company's contractors.
(3) A public service company shall perform the duties required by a state agency under the Prevailing Wage Act.
(d) Duties of contractor and subcontractor.—
(1) A contractor or subcontractor who performs underground infrastructure work shall pay not less than the prevailing minimum wages and fringe benefit rates for highway and road construction determined by the Commissioner of Labor and Industry to every worker in every trade or craft employed on an underground infrastructure work.
(2) Contractors and subcontractors performing underground infrastructure work shall post the general prevailing wage rate for each craft and classification involved, as determined by the Commissioner of Labor and Industry, including the effective date of any changes thereof, in prominent and easily accessible places at the site of the work or at any such places as are used by the contractor or subcontractors to pay workers their wages. Within 10 days of such posting, a contractor or subcontractor shall certify to the Commissioner of Labor and Industry in compliances with this subsection.
§56.260-45. Investigation.
In addition to the duties specified in §56.260-44, the Department shall enforce and investigate alleged violations of this act. In enforcing this act, the department may take any of the following actions:
(1) Request the production of documents or inspect records of a public service company or contractor at any reasonable time for the purposes of an investigation that relates to compliance with this act.
(2) If any entity fails to produce a record relating to compliance with this act, petition the Circuit Court to enforce a subpoena or order issued by the department under this act.
§56.260-46. Action for Unpaid Wages
(a) Any contractor or subcontractor who employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract for public works for or on behalf of a state agency or for or on behalf of a locality that has adopted an ordinance described in subsection C or at a rate that is less than the prevailing wage rate shall be liable to such individuals for the payment of all wages due, plus liquidated damages in the amount of two times the amount of wages owed and the reasonable attorney's fees and costs incurred in bringing an action to collect unpaid wages. A contractor or subcontractor who willfully violates this section is guilty of a Class 1 misdemeanor.
§56.260-47. Protection from retaliation.
(a) Retaliation prohibited.--A public service company or its contractors and subcontractors may not discharge, threaten or otherwise retaliate or discriminate against an employee regarding compensation or other terms or conditions of employment because the employee participates in an investigation, hearing or inquiry by the department or reports an alleged violation of this act to the department.
(b) Private right of action.--An employee who suffers a violation under subsection
(1) may bring an action in a circuit court. The action must be brought within three years from the date the employee knew of the violation.
(2) Relief.--If an employee prevails in an action commenced under subsection (b), the employee shall be entitled to the following relief:
(i) Reinstatement of the employee, in applicable.
(ii) Restitution equal to three times the amount of the employee's wages and fringe benefits calculated from the date of the retaliation or discrimination.
(3) Reasonable attorney fees and costs of the action.
(4) Any other legal and equitable relief the court deems appropriate.
§56.260-48. Virginia State Corporation Commission orders.
The Virginia State Corporation Commission shall, in its authority and oversight of public service companies utilities under §12.1-12, consider and request information on employees of contractors and subcontractors of public utilities and may include conditions related to workplace safety and hazard training, prevailing minimum wage standards and any other safety or economic labor standard deemed of importance by the commission in formal actions or decisions that it undertakes.
§56.260-49. Applicability.
This act shall apply to underground infrastructure work by a public service company that is performed under contract that is entered into, or modified in any respect, on or after the effective date of this section.
§56.260-50. Effective date.
This act shall take effect on July 1, 2024.
