Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-7-12 - Coverage Of Specific Classes Of Work12.1. Coverage of specific classes of work is defined as follows: (a) Exploratory drilling: (1) Where the drilling was for the purpose of obtaining core borings to be used in engineering studies and planning the work, "Works" refers to improvements, such as buildings, canals or roads, rather than to refer to progress or activity. Consequently, mere digging would not appear to be within the term, because it relates to an activity as distinguished from a product or improvement.(2) Where the soil samples are taken prior to or during construction for the construction contractor for the purpose of setting foundations, the Commissioner of Labor has held that contracts for such work are considered covered by the prevailing wage law if they may be fairly characterized as being directly related and incidental to or an integral part of the actual construction process.(b) Incidental crafts: (1) Watchman. -- Watchmen, where their work is nonmanual in nature or where they are acting purely in administrative capacities, are not "laborers and mechanics" within the contemplation of the prevailing wage law. However, the mere fact that an employee is called a guard, watchman or security policeman does not necessarily mean he is not a laborer. If he or she actually performs physical or manual work in addition to or in connection with his guarding activities, it may well be that he or she should properly be classified as a laborer or mechanic for such hours during which he performs laborer's or mechanic's duties. For example, where the duties of a watchman require him to wet down concrete walls and unload materials, the watchman is considered a laborer since performing these acts is a laborer's work.