Overview
This section defines the scope of FAR Subpart 22.3, which establishes the policies and procedures for implementing the Contract Work Hours and Safety Standards Act (40 U.S.C. chapter 37) in federal contracting. It identifies which types of workers are subject to these statutory requirements and which are specifically excluded.
Key Rules
- Statutory Implementation: This subpart applies the requirements of 40 U.S.C. chapter 37 to federal contracts.
- Broad Definition of Laborers and Mechanics: The term includes not only traditional trades but also apprentices, trainees, helpers, watchmen, guards, firefighters, and fireguards.
- Maritime Coverage: Workers performing dredging or rock excavation in rivers or harbors are specifically included in the definition.
- Seaman Exclusion: Any employee employed as a seaman is expressly excluded from the definition of "laborers or mechanics" under this subpart.
Practical Implications
- Compliance Verification: Contracting officers and contractors must use these definitions to determine if a contract requires the inclusion of CWHSSA clauses, which mandate overtime pay and safety standards.
- Classification Accuracy: Misclassifying a worker (e.g., treating a dredging workman as a seaman) can lead to non-compliance with federal labor laws, resulting in potential liability for unpaid overtime or liquidated damages.