FAR Rule Would Amend Workers’ Compensation Insurance Clause

A proposed Federal Acquisition Regulation rule would amend the clause at FAR 52.228-3, Workers Compensation Insurance (Defense Base Act), to clarify contractor and subcontractor responsibilities under the DBA (42 USC 1651, et seq.) for obtaining workers’ compensation insurance or qualifying as a self-insurer. The DBA extended the federal workers’ compensation protections provided by the Longshore and Harbor Workers’ Compensation Act (33 USC 901, et seq.) for certain employment outside of the United States. It requires disability compensation and medical benefits to covered employees for work-related injuries, and death benefits to eligible survivors of employees whose deaths are work related. The rule, which is based on recent experience and anticipated contingency contracting efforts, proposes to amend FAR 52.228-3 to clarify the responsibilities of contractors and subcontractors to: purchase workers’ compensation insurance or to qualify as a self-insurer; submit a timely, written report to the Department of Labor in the event of an employee’s injury or death; make timely payment of all compensation due for disability or death, and submit a timely, written report of payment to the DOL; and adhere to all other provisions of the LHWCA. Comments referencing FAR Case 2012-016 are due May 20, 2013. For the text of the proposed rule, see ¶70,006.277.