[Code of Federal Regulations]
[Title 29, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1926.11]
[Page 12-13]
TITLE 29--LABOR
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT
OF LABOR
PART 1926_SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION--Table of Contents
Subpart B_General Interpretations
Sec. 1926.11 Coverage under section 103 of the act distinguished.
(a) Coverage under section 103. It is important to note that the
coverage of section 107 differs from that for the overtime requirements
of the Contract Work Hours and Safety Standards Act. The application of
the overtime requirements is governed by section 103,
[[Page 13]]
which subject to specific exemptions, includes: (1) Federal contracts
requiring or involving the employment of laborers or mechanics (thus
including, but not limited to, contracts for construction), and (2)
contracts assisted in whole or in part by Federal loans, grants, or
guarantees under any statute ``providing wage standards for such work.''
The statutes ``providing wage standards for such work'' include statutes
for construction which require the payment of minimum wages in
accordance with prevailing wage findings by the Secretary of Labor in
accordance with the Davis-Bacon Act. A provision to section 103 excludes
from the overtime requirements work where the Federal assistance is only
in the form of a loan guarantee or insurance.
(b) Coverage under section 107. To be covered by section 107 of the
Contract Work Hours and Safety Standards Act, a contract must be one
which (1) is entered into under a statute that is subject to
Reorganization Plan No. 14 of 1950 (64 Stat. 1267); and (2) is for
``construction, alteration, and/or repair, including painting and
decorating.''