1. "Construction worker" means a person who actually performs physical work at a construction site:
(a) That results in the construction, alteration or destruction involved in the construction project, including, without limitation, painting and decorating; or
(b) Who supervises any person engaged in work described in paragraph (a).
2. The term does not include a person to the extent that the person performs or supervises another person who performs work which is conducted:
(a) For the upkeep of an existing property for which a certificate of occupancy has been issued by the appropriate building inspector or other authority; and
(b) To prevent the property from degrading, to maintain the property in its original condition or to maintain the operational soundness of the property, including, without limitation, by repairing components of the property or by replacing components of the property with the same or similar components.
(Added to NRS by 2009, 2420)