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(3) Withholding for unpaid wages and liquidated <br />damages. HUD or its designee shall upon its own action <br />or upon written request of an authorized representative of <br />the Department of Labor withhold or cause to be withheld, <br />from any moneys payable on account of work performed by <br />the contractor or subcontractor under any such contract or <br />any other Federal contract with the same prime contract, <br />or any other Federally --assisted contract subject to the <br />Contract Work Hours and Safety Standards Act which is <br />held by the same prime contractor such sums as may be <br />determined to be necessary to satisfy any liabilities of <br />such contractor or subcontractor for unpaid wages and <br />liquidated damages as provided in the clause set forth in <br />subparagraph (2) of this paragraph. <br />(4) Subcontracts. The contractor or subcontractor shall <br />insert in any subcontracts the clauses set forth in <br />subparagraph (1) through (4) of this paragraph and also a <br />clause requiring the subcontractors to include these <br />clauses in any lower tier subcontracts. The prime <br />contractor shall be responsible for compliance by any <br />subcontractor or lower tier subcontractor with the clauses <br />set forth in subparagraphs (1) through (4) of this <br />paragraph. <br />C. Health and Safety. The provisions of this paragraph C are <br />applicable where the amount of the prime contract exceeds $100,000. <br />(1) No laborer or mechanic shall be required to work in <br />surroundings or under working conditions which are <br />unsanitary, hazardous, or dangerous to his health and <br />safety as determined under construction safety and health <br />standards promulgated by the Secretary of Labor by <br />regulation. <br />(2) The Contractor shall comply with all regulations <br />issued by the Secretary of Labor pursuant to Title 29 Part <br />1926 and failure to comply may result in imposition of <br />sanctions pursuant to the Contract Work Hours and Safety <br />Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC <br />3701 et se-q- <br />(3) The contractor shall include the provisions of this <br />paragraph in every subcontract so (hat such provisions will <br />be binding on each subcontractor. The contractor shall <br />take such action with respect to any subcontractor as the <br />Secretary of Housing and Urban Development or the <br />Secretary of Labor shall direct as a means of enforcing <br />such provisions. <br />Previous editions are obsolete form HUD-4010 (06/2009) <br />Page 5 of 5 ref. Handbook 1344.1 <br />