{"cite":"29 CFR 5.2","available":true,"heading":"§ 5.2 Definitions.","text":"Administrator. The term “Administrator” means the Administrator of the Wage and Hour Division, U.S. Department of Labor, or authorized representative.\nAgency. The term “agency” means any Federal, State, or local government agency or instrumentality, or other similar entity, that enters into a contract or provides assistance through loan, grant, loan guarantee or insurance, or otherwise, to a project subject to the Davis-Bacon labor standards, as defined in this section.\n(1) Federal agency. The term “Federal agency” means an agency or instrumentality of the United States or the District of Columbia, as defined in this section, that enters into a contract or provides assistance through loan, grant, loan guarantee or insurance, or otherwise, to a project subject to the Davis-Bacon labor standards.\n(2) [Reserved]\nAgency Head. The term “Agency Head” means the principal official of an agency and includes those persons duly authorized to act on behalf of the Agency Head.\nApprentice and helper. The terms “apprentice” and “helper” are defined as follows:\n(1) “Apprentice” means:\n(i) A person 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, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship; or\n(ii) A person in the first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice;\n(2) These provisions do not apply to apprentices and trainees employed on projects subject to 23 U.S.C. 113 who are enrolled in programs which have been certified by the Secretary of Transportation in accordance with 23 U.S.C. 113(c).\n(3) A distinct classification of helper will be issued in wage determinations applicable to work performed on construction projects covered by the labor standards provisions of the Davis-Bacon and Related Acts only where:\n(i) The duties of the helper are clearly defined and distinct from those of any other classification on the wage determination;\n(ii) The use of such helpers is an established prevailing practice in the area; and\n(iii) The helper is not employed as a trainee in an informal training program. A “helper” classification will be added to wage determinations pursuant to § 5.5(a)(1)(iii)(A) only where, in addition, the work to be performed by the helper is not performed by a classification in the wage determination.\nBuilding or work. The term “building or work” generally includes construction activities of all types, as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The term includes, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, solar panels, wind turbines, broadband installation, installation of electric car chargers, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing, and landscaping. The term “building or work” also includes a portion of a building or work, or the installation (where appropriate) of equipment or components into a building or work.\nConstruction, prosecution, completion, or repair. The term “construction, prosecution, completion, or repair” means the following:\n(1) These terms include all types of work done—\n(i) On a particular building or work at the site of the work, as defined in this section, by laborers and mechanics employed by a contractor or subcontractor, or\n(ii) In the construction or development of a project under a development statute.\n(2) These terms include, without limitation (except as specified in this definition):\n(i) Altering, remodeling, installation (where appropriate) on the site of the work of items fabricated offsite;\n(ii) Painting and decorating;\n(iii) Manufacturing or furnishing of materials, articles, supplies or equipment, but only if such work is done by laborers or mechanics\n(A) Employed by a contractor or subcontractor, as defined in this section, on the site of the work, as defined in this section, or\n(B) In the construction or development of a project under a development statute;\n(iv) “Covered transportation,” defined as any of the following activities:\n(A) Transportation that takes place entirely within a location meeting the definition of “site of the work” in this section;\n(B) Transportation of one or more “significant portion(s)” of the building or work between a “secondary construction site” as defined in this section and a “primary construction site” as defined in this section;\n(C) Transportation between an “adjacent or virtually adjacent dedicated support site” as defined in this section and a “primary construction site” or “secondary construction site” as defined in this section;\n(D) “Onsite activities essential or incidental to offsite transportation,” defined as activities conducted by a truck driver or truck driver's assistant on the site of the work that are essential or incidental to the transportation of materials or supplies to or from the site of the work, such as loading, unloading, or waiting for materials to be loaded or unloaded, but only where the driver or driver's assistant's time spent on the site of the work is not de minimis; and\n(E) Any transportation and related activities, whether on or off the site of the work, by laborers and mechanics employed in the construction or development of the project under a development statute.\n(v) Demolition and/or removal, under any of the following circumstances:\n(A) ","truncated":true,"as_of":"2026-10-20","amendment_dates":["2017-01-03","2017-01-09","2023-08-23","2023-10-23"],"latest_amendment":"2023-10-23","sha256_of_xml":"c54e952f270dbd5e8e9cabf0af6d51e9d92e6df1b02038fd05a6cbc104ed09c4","ecfr_url":"https://www.ecfr.gov/current/title-29/section-5.2","read_at":"2026-10-23T08:30:28.125288+00:00","note":"The eCFR is an editorial compilation maintained by the Office of the Federal Register and GPO; it is updated daily and is not the official legal edition (the annual Code of Federal Regulations is). Text printed here is as the eCFR served it on the read date."}