As prescribed in 28.309(b), insert the following clause in
solicitations and contracts when the contract will be a public-work
contract performed outside the United States and the Secretary of
Labor waives the applicability of the Defense Base Act (see
28.305(d)):
WORKERS' COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS (APR 1984)
(a) This paragraph applies if the Contractor employs any person
who, but for a waiver granted by the Secretary of Labor, would be
subject to workers' compensation insurance under the Defense Base
Act (42 U.S.C. 1651 et seq.). On behalf of employees for whom the
applicability of the Defense Base Act has been waived, the Contractor
shall (1) provide, before commencing performance under this contract,
at least that workers' compensation insurance or the equivalent as the
laws of the country of which these employees are nationals may require
and (2) continue to maintain it until performance is completed. The
Contractor shall insert, in all subcontracts under this contract to
which the Defense Base Act would apply but for the waiver, a clause
similar to this paragraph (a) (including this sentence) imposing upon
those subcontractors this requirements to provide such workers'
compensation insurance coverage.
(b) This paragraph applies if the Contractor or any subcontractor
under this contract employs any person who, but for a waiver granted
by the Secretary of Labor, would be subject to the War Hazards
Compensation Act (42 U.S.C. 1701 et seq.). On behalf of employees
for whom the applicability of the Defense Base Act (and hence that
of the War Hazards Compensation Act) has been waived, the Contractor
shall, subject to reimbursement, afford the same protection as that
provided in the War Hazards Compensation Act, except that the level
of benefits shall conform to any law or international agreement
controlling the benefits to which the employees may be entitled. In
all other respects, the standards of the War Hazards Compensation
Act shall apply; e.g., the definition of war-hazard risks (injury,
death, capture, or detention as the result of a war hazard as
defined in the Act), proof of loss, and exclusion of benefits otherwise
covered by workers' compensation insurance or the equivalent. Unless
the Contractor elects to assume directly the liability to subcontractor
employees created by this clause, the Contractor shall insert, in all
subcontracts under this contract to which the War Hazards Compensation
Act would apply but for the waiver, a clause similar to this paragraph
(b) (including this sentence) imposing upon those subcontractors this
requirement to provide war-hazard benefits.
(End of clause)
(R 7-104.2(b) 1968 JUL)
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