110 STAT. 4424 CONCURRENT RESOLUTIONS—APR. 16, 1996 the actual time the worker has been employed or the most recent 90 days. (h) SINGLE SITE OF EMPLOYMENT. —(1) A single site of employ- ment can refer to either a single location or a group of contiguous locations. Separate facilities across the street from one another may be considered a single site of employment. (2) There may be several single sites of employment within a single building, such as an office building, if separate employing offices conduct activities within such a building. For example, an office building housing 50 different employing offices will contain 50 single sites of employment. The offices of each employing office will be its single site of employment. (3) Separate buildings or areas which are not directly connected or in immediate proximity may be considered a single site of employ- ment if they are in reasonable geographic proximity, used for the same purpose, and share the same staff and equipment. (4) Non-contiguous sites in the same geographic area which do not share the same staff or operational purpose should not be considered a single site. (5) Contiguous buildings operated by the same employing office which have separate management and have separate workforces are considered separate single sites of employment. (6) For workers whose primary duties require travel from point to point, who are outstationed, or whose primary duties involve work outside any of the employing office's regular employment sites (e.g., railroad workers, bus drivers, salespersons), the single site of employment to which they are assigned as their home base, from which their work is assigned, or to which they report will be the single site in which they are covered for WARN purposes. (7) Foreign sites of employment are not covered under WARN. United States workers at such sites are counted to determine whether an employing office is covered as an employing office under § 639.3(a). (8) The term "single site of employment" may also apply to truly unusual organizational situations where the above criteria do not reasonably apply. The application of this definition with the intent to evade the purpose of WARN to provide notice is not acceptable. (i) FACILITY OR OPERATING UNIT. —The term "facility" refers to a building or buildings. The term "operating unit" refers to an organizationally or operationally distinct product, operation, or specific work function within or across facilities at the single site. § 639.4 Who must give notice? Section 205(a)(1) of the CAA states that "[n]o employing office shall be closed or a mass layoff ordered within the meaning of section 3 of [WARN] until the end of a 60-day period after the employing office serves written notice of such prospective closing or layoff * * * ". Therefore, an employing office that is anticipating carrying out an office closing or mass layoff is required to give notice to affected employees or their representative(s). (See definitions in § 639.3 of this part.) (a) It is the responsibility of the employing office to decide the most appropriate person within the employing office's organization to prepare and deliver the notice to affected employees or their representative(s). In most instances, this may be the local
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