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PO Planning 2009-2017
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PO Planning 2009-2017
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(iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of <br />this section available for inspection, copying, or transcription by authorized representatives <br />of HUD or the Department of Labor, and shall permit such representatives to interview <br />employees during working hours on the job. If the contractor or subcontractor fails to submit <br />the required records or to make them available, HUD may, after written notice to the <br />contractor, sponsor, applicant, or owner, take such action as may be necessary to cause <br />the suspension of any further payment, advance, or guarantee of funds. Furthermore, <br />failure to submit the required records upon request or to make such records available may <br />be grounds for debarment action pursuant to 29 CFR Part 5.12. <br />A.4. Apprentices and Trainees. <br />(i) Apprentices. <br />Apprentices will be permitted to work at less than the predetermined rate for the work they <br />performed when they are employed pursuant to and individually registered in a bona fide <br />apprenticeship program registered with the U.S. Department of Labor, Employment and <br />Training Administration, Bureau of Apprenticeship and Training, or with a State <br />Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her <br />first 90 days of probationary employment as an apprentice in such an apprenticeship <br />program, who is not individually registered in the program, but who has been certified by <br />the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where <br />appropriate) to be eligible for probationary employment as an apprentice. The allowable <br />ratio of apprentices to journeymen on the job site in any craft classification shall not be <br />greater than the ratio permitted to the Contractor as to the entire workforce under the <br />registered program. Any worker listed on a payroll at an apprentice wage rate, who is not <br />registered or otherwise employed as stated above, shall be paid not less than the <br />applicable wage rate on the wage determination for the classification of work actually <br />performed. In addition, any apprentice performing work on the job site in excess of the ratio <br />permitted under the registered program shall be paid not less that the applicable wage rate <br />on the wage determination for the work actually performed. Where a Contractor is <br />performing construction on a project in a locality other than that in which its program is <br />registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly <br />rate) specified in the Contractor's or subcontractor's registered program shall be observed. <br />Every apprentice must be paid at not less than the rate specified in the registered program <br />for the apprentice's level of progress, expressed as a percentage of the journeymen hourly <br />rate specified in the applicable wage determination. Apprentices shall be paid fringe <br />benefits in accordance with the provisions of the apprenticeship program. If the <br />apprenticeship program does not specify fringe benefits, apprentices must be paid the full <br />amount of fringe benefits listed on the wage determination for the applicable classification. <br />If the Administrator determines that' a different practice prevails for the applicable <br />apprentice classification, fringes shall be paid in accordance with that determination. In the <br />event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency <br />recognized by the Bureau, withdraws approval of an apprenticeship program, the <br />Contractor will no longer be permitted to utilize apprentices at less than the applicable <br />predetermined rate for the work performed until an acceptable program is approved. <br />(ii) Trainees. <br />Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the <br />predetermined rate for the work performed unless they are employed pursuant to and <br />individually registered in a program which has received prior approval, evidenced by formal <br />certification by the U.S. Department of Labor, Employment and Training Administration. <br />The ratio of trainees to journeymen on the job site shall not be greater than permitted under <br />the plan approved by the Employment and Training Administration. Every trainee must be <br />paid at not less than the rate specified in the approved program for the trainee's level of <br />progress, expressed as a percentage of the journeyman hourly rate specified in the <br />applicable wage determination. Trainees shall be paid fringe benefits in accordance with <br />the provisions of the trainee program. If the trainee program does not mention fringe <br />31 <br />
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