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B. Contract Work Hours and Safety Standards Act. (Applicable to Contracts in Excess of $100,000) <br />As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. <br />(1) Overtime requirements. <br />No Contractor or subcontractor contracting for any part of the contract work which may <br />require or involve the employment of laborers or mechanics shall require or permit any such <br />laborer or mechanic in any workweek in which he or she is employed on such work to work in <br />excess of forty hours in such workweek unless such laborer or mechanic receives <br />compensation at a rate not less than one and one-half times the basic rate of pay for all hours <br />worked in excess of forty hours in such workweek. <br />(2) Violation; liability for unpaid wages; liquidated damages. <br />In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the <br />Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In <br />addition, such Contractor and subcontractor shall be liable to the United States (in the case of <br />work done under contract for the District of Columbia or a territory, to such District or to such <br />territory), for liquidated damages. Such liquidated damages shall be computed with respect to <br />each individual laborer or mechanic, including watchmen and guards, employed in violation of <br />the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each <br />calendar day on which such individual was required or permitted to work in excess of the <br />standard workweek of forty hours without payment of the overtime wages required by the <br />clause set forth in subparagraph (1) of this paragraph. <br />(3) Withholding for unpaid wages and liquidated damages. <br />HUD or the COUNTY shall upon its own action or upon written request of an authorized <br />representative of the Department of Labor withhold or cause to be withheld, from any moneys <br />payable on account of work performed by the Contractor or Subcontractor under any such <br />contract or any other Federal contract with the same prime Contractor, or any other <br />Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, <br />which is held by the same prime Contractor, such sums as may be determined to be <br />necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and <br />liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. <br />(4) Subcontracts. <br />The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in <br />subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors <br />to include these clauses in any lower tier subcontracts. The prime contractor shall be <br />responsible for compliance by any subcontractor or lower tier subcontractor with the clauses <br />set forth in subparagraphs (1) through (4) of this paragraph. <br />C. Health and Safety (Applicable to Contracts in Excess of $100,000) <br />(1) No laborer or mechanic shall be required to work in surroundings or under working conditions <br />which are unsanitary, hazardous, or dangerous to his health and safety as determined under <br />construction safety and health standards promulgated by the Secretary of Labor by <br />regulation. <br />(2) The Contractor shall comply with all regulations issued by the Secretary of Labor at 29 CFR <br />Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract <br />Work Hours and Safety Standards Act, 40 USC 327-334. <br />(3) The Contractor shall include the provisions of this Article in every subcontract so that such <br />provisions will be binding on each subcontractor. The Contractor shall take such action with <br />respect to any subcontract as the Secretary of Housing and Urban Development or the <br />Secretary of Labor shall direct as a means of enforcing such provisions. <br />Use of Volunteers <br />33 <br />