PURPOSE: The Department of Labor and Industrial Relations has the responsibility under section 290.260, RSMo to determine the prevailing hourly rate of wages to be paid to workers engaged in work of a similar character. This rule establishes classifications of construction work for the department to use in determining the prevailing hourly rate of wages for work of a similar character.

1. (1) All public works construction, for which the prevailing hourly rate of wages or the public works contracting minimum wage of workers are to be determined, shall be classified as either—

   1. (A) Building construction; or
   2. (B) Highway and heavy construction.

2. (2) Building construction shall mean the following:

   1. (A) Building structures, including modification, additions or repairs, or both, to be used for shelter, protection, comfort, convenience, entertainment or recreation, or for protection of people or equipment;
   2. (B) Buildings at an airport project, such as terminal buildings, freight buildings, and any other construction necessary for the operation of the airport facilities;
   3. (C) Stadiums, athletic fields, dressing rooms, bleachers, and all other buildings needed in connection with an athletic or entertainment facility;
   4. (D) Entire buildings that are built aboveground in connection with highway, subway, or tunnel projects, such as tool stations or housing for mechanical equipment;
   5. (E) Excavation for the building itself, including backfilling inside and outside the building;
   6. (F) Storm and sanitary sewers inside the building and to the curb line;
   7. (G) Work in connection with telephone, electrical, water, oil, gas, or fuel lines, or other utility or communication lines inside a building and to the curb line;
   8. (H) Sidewalks other than those that are poured in connection with a street or road project;
   9. (I) Driveways that are built to serve a building;
   10. (J) Parking lots connected to a building and all structures built as parking facilities;
   11. (K) Retaining walls built in conjunction with a building project;
   12. (L) Demolition of a building(s) as part of the site preparation for new building construction;
   13. (M) Landscaping of building sites or the planting of all shrubbery that is incidental to building construction as defined in section (2); and
   14. (N) Work on water and wastewater treatment plants within the fence line.

3. (3) Highway and heavy construction shall mean the following:

   1. (A) Work in connection with roads, streets, parkways, alleys and highways including, but not limited to, grading, paving, curbing, signs, fences, guard rails, bridges, lighting, retaining walls, and landscaping;
   2. (B) Work on viaducts, overpasses, underpasses, drainage projects, aqueducts, irrigation projects, flood control projects, reclamation projects, reservoir filtration and supply projects, water power, duct lines, distribution lines, pipe lines, locks, dikes, levees, revetments projects, excluding work specifically defined as building construction;
   3. (C) Work in connection with underground construction on tunnels and shafts;
   4. (D) Railroad work in its entirety, including elevated railroads;
   5. (E) Main and side sewers;
   6. (F) Work in connection with airports, such as runways, roads, and streets, but excluding that which is listed as building construction;
   7. (G) Work in connection with telephone, electrical, water, oil, gas, or fuel lines, or any other utility or communication lines from the curb line;
   8. (H) Sidewalks when poured incidental to a street or road project;
   9. (I) Parking lots not incidental to a building construction project; and
   10. (J) Demolition of all buildings as part of site preparation for any highway and heavy construction as is otherwise defined in section (3).

AUTHORITY: section 290.240, RSMo Supp. 2018.* Original rule filed Aug. 24, 1990, effective April 29, 1991. Amended: Filed July 17, 1995, effective Jan. 30, 1996. Emergency amendment filed Nov. 21, 2018, effective Dec. 1, 2018, expired May 29, 2019. Amended: Filed Nov. 21, 2018, effective July 30, 2019. *Original authority: 290.240, RSMo 1957, amended 1969, 2018.