48 CFR § 28.309 - 28.309 Contract clauses for workers' compensation insurance.
---
identifier: "/us/cfr/t48/s28.309"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 28.309 - 28.309 Contract clauses for workers' compensation insurance."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "28.309"
section_name: "28.309 Contract clauses for workers' compensation insurance."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "E"
subchapter_name: "GENERAL CONTRACTING REQUIREMENTS"
part_number: "28"
part_name: "BONDS AND INSURANCE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113."
regulatory_source: "48 FR 42286, Sept. 19, 1983, unless otherwise noted."
cfr_part: "28"
---
# 28.309 28.309 Contract clauses for workers' compensation insurance.
(a) The contracting officer shall insert the clause at 52.228-3, Workers' Compensation Insurance (Defense Base Act), in solicitations and contracts when the Defense Base Act applies (see 28.305) and—
(1) The contract will be a public-work contract performed outside the United States; or
(2) The contract will be approved or financed under the Foreign Assistance Act of 1961 (Pub. L. 87-195) and is not excluded by 28.305(b)(2).
(b) The contracting officer shall insert the clause at 52.228-4, Workers' Compensation and War-Hazard Insurance Overseas, 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)).