BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                           OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 24.17.127 pertaining to prevailing wages

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NOTICE OF AMENDMENT

 

          TO: All Concerned Persons

 

          1. On October 7, 2022, the Department of Labor and Industry (department) published MAR Notice No. 24-17-397 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 2006 of the 2022 Montana Administrative Register, Issue Number 19.

 

          2. The department held a public hearing in Helena on November 18, 2022, over the Zoom videoconference and telephonic platform at which no members of the public commented. Written comments were received during the public comment period.

 

          3. The department has thoroughly considered the comments made. A summary of the comments and the department's responses are as follows:

 

COMMENT 1: A commenter questioned why the description of roofing duties was not present.

 

RESPONSE 1: The comment is noted and the duties are included in the adoption as set forth below.

 

COMMENT 2: Several commenters requested information about the means by which wage rates are calculated, the timing of calculations, and wondered why the rates did not reflect significant increases based on inflation.

 

RESPONSE 2: The department sets wage rates by the means set forth in statute and rule.  See 18-2-413, 18-2-414, and 18-2-415, MCA; ARM 24.17.119, 24.17.120, 24.17.121, and 24.17.122.  As a result, increases in adopted wage rates are reflected only where those wages have actually increased in payments made by employers.

 

Comment 3: A commenter noted the variations across crafts in zone pay and travel structure make it cumbersome to account for the proper payments. The commenter proposed to maintain the 2022 rates for highway construction or adopt federal general decision number MT20220080.

 

Response 3: Zone pay, travel, and per diem for highway construction services were set in accordance with administrative rule and statute.  See Response 2.  Rate setting methodology since 2014 has been to conduct the annual survey. The department is willing to engage in discussions regarding rate setting methodologies to determine whether another approach might be considered outside the present rate adoption.

 

4. The following rates in the "Montana Prevailing Wage Rates for Building Construction Services 2023" publication, incorporated by reference in the rule, have been amended as follows, stricken matter interlined, new matter underlined:

 

Carpenters

                    Wage                     Benefit

District 1       $26.50 26.12           $14.07 12.00

 

Construction Equipment Operators 2

                    Wage                     Benefit

District 1       $26.63 26.95           $12.92 9.50

 

Construction Equipment Operators 2

                    Wage                     Benefit

District 2       $33.68 33.32           $9.48 9.44

 

Construction Equipment Operators 2

                    Wage                     Benefit

District 3       $29.33 27.99           $12.92

 

Construction Laborers Group 2

                    Wage                     Benefit

District 1       $21.19 21.63           $ 6.58 7.43

 

Construction Laborers Group 2

                    Wage                     Benefit

District 2       $20.26 20.07           $10.30 9.82

 

Construction Laborers Group 2

                    Wage                     Benefit

District 3       $24.63 22.91           $11.82

 

Construction Laborers Group 2

                    Wage                     Benefit

District 4       $21.04 20.71           $7.61 7.93

 

Construction Laborers Group 4

                    Wage           Benefit

District 3       $22.44          $11.82 12.22

 

Construction Laborers Group 4

                    Wage                     Benefit

District 4       $24.60 21.38           $11.82 12.22

 

Painters: Including Paperhangers

                    Wage           Benefit

District 1       $24.20          $7.62 7.61

 

Painters: Including Paperhangers

                    Wage                     Benefit

District 2       $22.98 23.10           $7.59 7.61

 

Roofers

Duties Include:

Metal roofing. Excludes prefabricated metal buildings.

Metal roofing, covers roofs, walls and foundations with water proofing, insulation and vapor barriers in addition to metal flashings. Roofing includes shingles, low slope membranes, metal roofs, insulation, spray foam, coatings and vapor barriers. Wall coverings include metal panels, insulated metal panels and other waterproofing or rain screen systems. Foundation systems include waterproofing and insulation. Excludes prefabricated metal buildings.

 

Truck Drivers

                    Wage                     Benefit

District 2       $23.54 23.80           $5.98 6.13

 

Truck Drivers

                    Wage                     Benefit

District 3       $23.54 23.80           $5.98 6.13

 

Truck Drivers

                    Wage                     Benefit

District 4       $23.54 23.80           $5.98 6.13

 

5. The following rates in the "Montana Prevailing Wage Rates for Heavy Construction Services 2023" publication, incorporated by reference in the rule, have been amended as follows, stricken matter interlined, new matter underlined:

 

Construction Operators Group 2

Wage                     Benefit

$29.69 29.70           $13.65 13.80

 

Construction Operators Group 3

Wage           Benefit

$30.65          $13.65 13.80

 

Construction Operators Group 5

Wage           Benefit

$31.75          $13.65 13.80

 

Construction Operators Group 6

Wage           Benefit

$32.75          $13.65 13.80

 

Construction Operators Group 7

Wage           Benefit

$33.75          $13.65 13.80

 

Construction Laborers Group 2

Wage                     Benefit

$26.43 26.40           $11.82

 

6. The following rates in the "Montana Prevailing Wage Rates for Highway Construction Services 2023" publication, incorporated by reference in the rule, have been amended as follows, stricken matter interlined, new matter underlined:

 

Construction Laborers Group 2

Wage                     Benefit

$23.97 25.01           $11.82

 

Pilot Car Drivers

Wage                     Benefit

$29.14 22.39           $12.92

 

7. The following rates in the "Montana Prevailing Wage Rates for Nonconstruction Services 2023" publication, incorporated by reference in the rule, have been amended as follows, stricken matter interlined, new matter underlined:

 

Tree Trimmers and Pruners

                    Wage                     Benefit

District 1       $27.18 32.14           12.62 14.89

District 2       $27.18 30.18           12.62 9.78

District 3       $25.29 30.18           12.50 9.78

District 4       $28.64 30.18           10.28

 

          8. The department has amended ARM 24.17.127 as proposed.

 

/s/ QUINLAN L. O'CONNOR Quinlan L. O'Connor Alternate Rule Reviewer	/s/ LAURIE ESAU Laurie Esau, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

          Certified to the Secretary of State January 3, 2023.