As a contractor, you’re responsible for ensuring that your workers are cognizant of their rights as workers, how to perform their duties to the best of their ability, and how to stay safe in the workplace. One way to confirm that they have this knowledge and maintain compliance with the law is by posting informational workplace posters on the project site.
In part one of this five-part series, the OSHA defense lawyers at Cotney Construction Law discussed some important considerations regarding workplace posters while focusing on two important posters—“Employees Rights Under the Fair Labor Standards Act” (FLSA) and “Job Safety and Health: It’s the Law.” Now, an OSHA lawyer will highlight workplace posters that are best suited for use by federal contractors.
“Employee Rights Under the Davis-Bacon Act” Poster
Any contractor or subcontractor contracted to construct, alter, or repair a public building or public work costing more than $2,000 is required to post the “Employee Rights Under the Davis-Bacon Act” poster in plain sight on the project site. In addition, any contractor or subcontractor working on a building financed partially by federal funds, federal guarantees, or federal pledges must display this poster according to the guidelines regulated by the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD).
The Davis-Bacon and Related Acts (DBRA) require all federal and federally-assisted contractors and subcontractors to pay workers according to the prevailing wage for construction projects in the area. The DOL controls the DBRA and assists contracting agencies.
“Equal Opportunity Employment is the Law” Poster
According to Executive Order 11246 (E.O. 11246), federal contractors and subcontractors are barred from discriminating based on race, color, religion, sex, or national origin when making employment decisions. In addition, it gives protection to applicants and employees to stop them from being disciplined on the basis of discrimination. E.O. 11246 applies to all federal contractors and subcontractors working on federally assisted construction projects in excess of $10,000 within a one-year period. These same contractors are responsible for displaying the Equal Employment Opportunity (EEO) notice, often referred to as the “Equal Opportunity Employment is the Law” poster. Federal contractors and subcontractors who meet any of the following criteria must also display this poster:
- Hold government bills of lading
- Act as a depository for any amount of federal funds
- Serve as an issuing and paying agent for savings bonds and notes in the U.S.
Although there is no specific size requirement for this poster, it must be posted in plain sight in an area that can be accessed by employees, applicants, and labor union representatives.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.