Missouri Department of Labor Seeks Public Comment on Occupational Titles of Work Description

The Missouri Department of Labor and Industrial Relations believes that recent developments in case law and state statute, the general passage of time as well as changes in business procedures since the occupational titles and descriptions were last reviewed, necessitates the general review of the occupational title rule. This will be accomplished through several public meetings whereby interested parties can inform the department of whether the current rule is fulfilling its desired purpose of furthering the Prevailing Wage Act, and what changes could be considered to improve the rule. The meetings contemplated by this notice are not formal meetings under the rulemaking procedures prescribed by Chapter 536, RSMo, and the department does not have proposed amendments to present at the meeting. Rather, these will be informal meetings where the department hopes to gather information from interested parties about whether the current rule should be amended. In the event that the department determines that an amendment to 8 CSR 30-3.060 is necessary, the department will proceed with filing a proposed rule with the Secretary of State's office and observe the required public comment period and/or public meetings.

Missouri's Prevailing Wage Act, sections 290.210 to 290.340, RSMo, requires that prevailing wages be paid to workers on public works construction projects. The department enforces the Prevailing Wage Act, and is required to ensure that workers on public works projects are paid at least the prevailing rate received by workers engaged in work of a similar character in the particular locality.

To assist in the task of ensuring that workers receive similar wages for similar work, the department promulgated 8 CSR 30-3.060, called "Occupational Titles of Work Description." This regulation sets forth particular occupational titles and descriptions of the work performed by workers under each title. The regulation also provides methods whereby interested parties can submit wage information to be used in establishing the prevailing wage for each title and can submit suggestions for adding, deleting, or modifying a title. Finally, the regulation provides a method for interested parties to object in writing to the department's determination that a particular description fits under a particular title.

When creating occupational titles and their descriptions, the department considers collective bargaining agreements, the federal Dictionary of Occupational Titles (published by the United States Department of Labor), and the opinions of experts from organized labor and from contractors and contractor associations.

The department will be accepting written comments from the public through October 5, 2007. Comments may be sent to prevailingwage@dolir.mo.gov or 3315 West Truman Boulevard, P.O. Box 449, Jefferson City, MO 65102. Once all of the public comments are gathered, the department intends to set the dates, times and locations of the public meetings.

The occupational title rule is located at 8 CSR 30-3.060 and is available at the following link:

http://www.sos.mo.gov/adrules/csr/current/8csr/8c30-3.pdf