22.401 Definitions.

As used in this subpartApprentice means a person-

(1) Employed and individually registered in a bona fide apprenticeship program registered with the

U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship

Training, Employer, and Labor Services (OATELS), or with a State Apprenticeship Agency

recognized by OATELS; or

(2) Who is in the first 90 days of probationary employment as an apprentice in an apprenticeship

program, and is not individually registered in the program, but who has been certified by the

OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary

employment as an apprentice.

Construction, alteration, or repair means all types of work done by laborers and mechanics

employed by the construction contractor or construction subcontractor on a particular building or

work at the site thereof, including without limitations-

(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated offsite;

(2) Painting and decorating;

(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the

building or work;

(4) Transportation of materials and supplies between the site of the work within the meaning of

paragraphs (1)(i) and (ii) of the "site of the work" definition of this section, and a facility which is

dedicated to the construction of the building or work and is deemed part of the site of the work

within the meaning of paragraph (2) of the "site of work" definition of this section; and

(5) Transportation of portions of the building or work between a secondary site where a significant

portion of the building or work is constructed, which is part of the "site of the work" definition in

paragraph (1)(ii) of this section, and the physical place or places where the building or work will

remain (paragraph (1)(i) in the "site of the work" definition of this section).

Laborers or mechanics.-

(1) Means-

(i) Workers, utilized by a contractor or subcontractor at any tier, whose duties are manual or

physical in nature (including those workers who use tools or who are performing the work of a

trade), as distinguished from mental or managerial;

(ii) Apprentices, trainees, helpers, and, in the case of contracts subject to the Contract Work Hours

and Safety Standards statute, watchmen and guards;

(iii) Working foremen who devote more than 20 percent of their time during a workweek performing

duties of a laborer or mechanic, and who do not meet the criteria of 29 CFR part 541, for the time so
spent; and

(iv) Every person performing the duties of a laborer or mechanic, regardless of any contractual

relationship alleged to exist between the contractor and those individuals; and

(2) Does not include workers whose duties are primarily executive, supervisory (except as provided

in paragraph (1)(iii) of this definition), administrative, or clerical, rather than manual. Persons

employed in a bona fide executive, administrative, or professional capacity as defined in 29 CFR part

541 are not deemed to be laborers or mechanics.

Public building or public work means building or work, the construction, prosecution, completion, or

repair of which, as defined in this section, is carried on directly by authority of, or with funds of, a

Federal agency to serve the interest of the general public regardless of whether title thereof is in a

Federal agency.

Site of the work.-

(1) Means

(i) The primary site of the work. The physical place or places where the construction called for in the

contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building

or work is constructed, provided that such site is-

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes fabrication plants, mobile

factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided-

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraphs

(1)(i) of "the secondary site of the work" as defined in paragraph (1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool

yards of a contractor or subcontractor whose locations and continuance in operation are determined

wholly without regard to a particular Federal contract or project. In addition, fabrication plants,

batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which

are established by a supplier of materials for the project before opening of bids and not on the

project site, are not included in the "site of the work." Such permanent, previously established

facilities are not a part of the "site of the work", even if the operations for a period of time may be

dedicated exclusively, or nearly so, to the performance of a contract.

Trainee means a person registered and receiving on-thejob training in a construction occupation

under a program which has been approved in advance by the U.S. Department of Labor,

Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor

Services (OATELS), as meeting its standards for on-the-job training programs and which has been so

certified by that Administration.

Wages means the basic hourly rate of pay; any contribution irrevocably made by a contractor or
subcontractor to a trustee or to a third person pursuant to a bona fide fringe benefit fund, plan, or

program; and the rate of costs to the contractor or subcontractor which may be reasonably

anticipated in providing bonafide fringe benefits to laborers and mechanics pursuant to an

enforceable commitment to carry out a financially responsible plan or program, which was

communicated in writing to the laborers and mechanics affected. The fringe benefits enumerated in

the Construction Wage Rate Requirements statute include medical or hospital care, pensions on

retirement or death, compensation for injuries or illness resulting from occupational activity, or

insurance to provide any of the foregoing; unemployment benefits; life insurance, disability

insurance, sickness insurance, or accident insurance; vacation or holiday pay; defraying costs of

apprenticeship or other similar programs; or other bona fide fringe benefits. Fringe benefits do not

include benefits required by other Federal, State, or local law.

Parent topic: Subpart 22.4 - Labor Standards for Contracts Involving Construction