ABC Members Guide to the Hauling & Delivery of Aggregate Supply to Public Jobs
Prevailing Wage for Aggregate Hauling
This webpage serves as your guide to better understand and comply with New York State's new requirements related to prevailing wage for the hauling & delivery of aggregate supplies.
Recent Updates:
DOL Releases Guidance on 50-Mile Rule
The New York State Department of Labor (DOL) posted a Fact Sheet and Questions and Answers (Q&A) pertaining to the new 50-mile radius rule.
What you need to know:
- DOL has clarified in its guidance that prevailing wage shall only be paid for work performed at a worksite involving the delivery of aggregate materials and for work performed involving the hauling of aggregate materials between a worksite and a central stockpile. Other exemptions detailed in the guidance include:
- Deliveries made directly to a public entity that are being stockpiled for an undetermined future use.
- Deliveries to a public entity for a self-performed project handled by the public entity’s employees.
- Instances involving a single daily delivery to the worksite by a driver employed by a supply or vendor.
PLEASE NOTE: The date the 50-mile rule goes into effect has not changed and will be applied to all projects on or after July 1st, 2024
Pasted below are some of the most frequently asked questions we get from members that have been answered by the DOL:
How will DOL measure work performed within a 50-mile radius of the worksite?
DOL will measure the 50-mile radius based on the center of the worksite and extend out in a straight line on a map in all directions from such point without regard to specific routes or roads. The center of a worksite may change if a worksite moves and will be based on the nature of the individual project. DOL will consider contractors and subcontractors in compliance where such entities have made reasonable and good faith efforts to establish a 50-mile radius based on individual facts and circumstances.
I am a contractor; do I have to pay my employees prevailing wage when they are picking materials from a vendor and bring them back to a worksite?
Any work performed within a 50-mile radius of a worksite involving the delivery or transport of aggregate supply construction materials from a vendor of aggregate supply construction materials, such as a plant or quarry, to a worksite is subject to the prevailing wage. Any travel or loading time spent outside the 50-mile radius surrounding the worksite does not require prevailing wage.
Is prevailing wage required for deliveries between a vendor and a central stockpile location?
No, deliveries of aggregate supply construction material from a vendor to a central stockpile are not subject to prevailing wage. Only deliveries from a vendor directly to a worksite are subject to the prevailing wage (within a 50- mile radius of such worksite).
How is the prevailing wage rate determined for jobs that require travel within more than one county?
Employees must be paid the prevailing wage for the county in which the worksite is located for all relevant work performed on the worksite or central stockpile, travel between the worksite and central stockpile, and deliveries from a vendor within a 50-mile radius of the worksite.
Background:
After passing both houses, A.8727/S.7811 was signed by Governor Hochul in February 2022. It amends paragraph f of subdivision 3-a of section 220 of the labor law relating to the payment of prevailing wage for work involving the delivery to and hauling of aggregate supply construction materials.
- Prevailing wage must be paid in the following circumstances:
- Work performed at a worksite involving delivering aggregate supply construction materials to such worksite.
- Work performed involving the hauling of aggregate supply construction materials from a worksite to a central stockpile, as well as any return hauls, empty or loaded, time spent loading or unloading at a worksite, and time spent loading or unloading at a central stockpile related to hauls from or to a worksite.
50-Mile Radius Rule:
On April 11, 2024, the Appellate Division affirmed the lower court’s dismissal of the lawsuit challenging the 50-mile radius rule and the stay on enforcement of 12 NYCRR 222.2(c) has been lifted. Therefore, the Department will begin enforcing the 50-mile radius provision of 12 NYCRR 222.2(c) on all projects solicited on or after July 1, 2024, to coincide with the annual publication of the prevailing wage schedule.
Further guidance on compliance with Labor Law Section 220(3-a)(f) as clarified by 12 NYCRR 222.2 will be published soon by the NYSDOL.
Here is the rule:
(c) Prevailing wage shall be paid for work performed within a 50-mile radius of a worksite involving the delivery of aggregate supply construction materials from a vendor of aggregate supply construction materials, such as a plant or quarry, to a worksite, except prevailing wage shall not be paid to direct employees of a supplier of aggregate supply construction materials when making a single delivery in a given day.
If you have any questions, please contact Tanner Schmidt at tschmidt@abcnys.org or (585) 730-1814.
Key Definitions:
- “Worksite” means the area in which the improvements associated with a specific project, as defined in the construction contract, and any surrounding areas supporting that specific project.
- “Central stockpile” means a location of centrally stockpiled materials solely dedicated for use on a public work project that is not part of a worksite but intended to support the worksite.
- “Aggregate supply construction materials” means sand, gravel, stone, crushed stone, dirt, soil, millings, and fill.