Unless the construction work is physically or functionally
integrated or closely identified with an existing covered facility it is
not regarded as covered construction because it is not closely enough
related to or integrated with the production of goods for commerce or
the engagement in commerce. For this reason the erection, maintenance or
repair of dwellings, apartments, hotels, churches and schools are not
covered projects. 15 Similarly the construction of a
separate, wholly new, factory building, not constructed as an integral
part or as an improvement of an existing covered production plant, is
not covered (Cf. Sec. 776.27(c)). Coverage of any construction work,
whether new or repair work, depends upon how closely integrated it is
with, and how essential it is to the functioning of, existing covered
facilities. Neither the mere fact that the construction is ``new
construction'' nor the fact that it is physically separated from an
existing covered plant, is determinative. Moreover, the court decisions
make it clear that the construction project itself need not be actually
employed in commerce or in the production of goods for commerce during
the time of its construction in order to be covered. 16 Such
factors may be considered in determining whether as a practical matter
the work is directly and vitally related to the functioning of the
covered facility but would not be decisive.
---------------------------------------------------------------------------
15 Cf. Sec. 776.18(b).
16 Mitchell v. Vollmer, ante; Bennett v. V. P. Loftis
Co., ante; Mitchell v. Chambers Const. Co., 214 F. (2d) 515 (C.A. 10);
Walling v. McCrady Const. Co., ante; Tobin v. Pennington-Winter Const.
Co., 198 F. (2d) 334 (C.A. 5), certiorari denied, 345 U.S. 915.
---------------------------------------------------------------------------
