On Oregon public works, every contractor and subcontractor must submit certified statements covering each week workers were employed on the project — filed monthly, by the 5th business day of the following month, with the public agency (not BOLI). The WH-38 is BOLI's standard form for this; the statute requires the content, and agencies expect it in this shape. Until your statements are in, the agency retains 25% of what you have earned (calculate yours here) — and must release it within 14 days after you file.
The six parts, in order
1 · Business & project header. Legal business name, CCB number, project name, public agency, and the week-ending date. One statement per week, per project.
2 · Worker identity. Name and address for every worker on the project that week. Apprentices: note the program and period — their percentage rate depends on it.
3 · Classification. Copy the classification title exactly from the rate book — "Electrician, Inside" is not "Electrician". A worker who did two trades in one week gets two lines, with hours split.
4 · Hours & rates. Daily hours, total, base hourly rate, and overtime where it applies. The rate must be at least the rate book's figure for that classification and region.
5 · Fringe. Oregon rates come as base + fringe. Pay fringe either in cash on the check or into bona fide plans — and itemize which plans, with addresses. "We pay above scale so it's fine" is the classic audit failure: base and fringe are checked separately unless you truly pay the combined total as wages.
6 · Certification & signature. The statement is signed under penalty — by someone with authority. Wrong classifications on a signed certification are what turn an error into an enforcement case.
The mistake that causes the most pain: using today's rate book. Your project is governed by the edition in effect when the project was first advertised for bid — editions publish January 5, April 5, July 5 and October 5, with amendments in between. A July bid uses the July book even if you file in December.
Filing rhythm that keeps the 25% moving
When
What
Every payday
Export the week's hours/wages from payroll (QuickBooks, Gusto…) while memory is fresh
Monthly, by the 5th business day
One certified statement per week worked, per project → to each public agency
Within 14 days after filing
Agency must release the 25% retainage — calendar it and follow up in writing if it does not move
PrevailKit does this from your payroll CSV — the right rate-book edition per project, classifications checked, WH-38s generated per week per project, deadlines and retainage release tracked. Launching fall 2026. Founding members: $79 $49/mo locked for life (first 50).
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General information, not legal advice. WH-38 is a BOLI form; PrevailKit is not affiliated with the State of Oregon. Confirm specifics with the agency or your counsel.