Caltrans Determines On-Hauling Materials Not Covered Work

A determination made by Caltrans on July 8, 2024 and not yet publicly available, reversed a determination as to whether work on a specific project involving the on-haul of materials used for paving, grading, and fill at a public works site was covered work.

Materials were not integrated into the flow process of construction and the hauler had been hired by Granite Construction. Caltrans District Labor Compliance reviewed guidance and determined as the hauler was not hired by the material supplier, work for the on-haul of materials was covered, regardless of whether they were integrated into the flow process of construction.

The determination was disputed because materials were not integrated into the flow process. Caltrans original position was that because the trucking company was not hired by the material supplier, the material supplier exemption did not apply.

After an extensive review of existing law, regulations and DIR enforcement decisions, Caltrans stated the following criteria is to be used in determining whether work is covered:

• A contract/project advertised on or after January 1, 2023
• The materials are coming from a bona fide material supplier
• The materials are being used for paving, grading or fill
• The individual drivers work integrated into the flow process of construction

There is no substantiation under existing law, decisions and case law that supports the application of determining coverage based on the entity hiring the hauler, hence the work is not covered – Caltrans.