Sec. 151.53 - Performance of construction work:
Labor requirements.
A sponsor who is required to include in
a construction contract the labor provisions required by §151.49 shall
require the contractor to comply with those provisions and shall cooperate
with the FAA in effecting that compliance. For this purpose the sponsor
shall --
(a) Keep, and preserve, for a three-year
period beginning on the date the contract is completed, each affidavit and
payroll copy furnished by the contractor, and make those affidavits and
copies available to the FAA, upon request, during that period;
(b) Have each of those affidavits and
payrolls examined by its resident engineer (or any other of its employees
or agents who are qualified to make the necessary determinations), as soon
as possible after receiving it, to the extent necessary to determine
whether the contractor is complying with the labor provisions required by
§151.49 and particularly with respect to whether the contractor's
employees are correctly classified;
(c) Have investigations made during the
performance of work under the contract, to the extent necessary to
determine whether the contractor is complying with those labor provisions,
particularly with respect to whether the contractor's employees are
correctly classified, including in the investigations, interviews with
employees and examinations of payroll information at the work site by the
sponsor's resident engineer (or any other of its employees or agents who
are qualified to make the necessary determinations); and
(d) Keep the Area Manager fully advised
of all examinations and investigations made under this section, all
determinations made on the basis of those examinations and investigations,
and all efforts made to obtain compliance with the labor provisions of the
contract.
For the purposes of paragraph (c) of
this section, the sponsor shall give priority to complaints of alleged
violations, and shall treat as confidential any written or oral statements
made by any employee. The sponsor may not disclose an employee's statement
to a contractor without the employee's consent.