Public Works Definition Expanded to Include On-Haul of Construction Material Integrated Into the Construction Process (AB 1851)

Assembly Bill 1851 expands the definition of “public works” to include on-hauling of construction material if the “individual driver’s work is integrated into the flow process of construction.”  In doing so, AB 1851 codifies the legal precedent in this area, most notably O. G. Sansone Co. v. Department of Transportation (1976) 55 Cal.App.3d 434.

Under California law, workers employed on public works projects must be paid the prevailing wage for work performed.  The Labor Code defines “public works” as “construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds,” with certain enumerated exceptions.  The Labor Code had already expressly included off-hauling (i.e. the hauling of refuse from a public works site to an outside disposal location) and on-hauling of ready-mixed concrete under the definition of “public works,” but had not expressly covered on-hauling of construction material such as dirt, aggregate, and fill material.

The new law expressly covers the hauling of construction material used for paving, grading, and fill onto a public works site if the individual driver’s work is “integrated into the flow process of construction.” Such drivers will have to be paid the prevailing wage for the work they perform. 

For more information about this or other new laws, please contact your labor law counsel.