Construction worker means a person who actually performs physical work at a construction site that results in the construction, alteration or destruction involved in the construction project including without limitation painting and decorating; or who supervises any person engaged in that work.

The term does not include a person to the extent that the person performs or supervises another person who performs work which is conducted 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 to prevent the property from degrading, to maintain the operational soundness of the property, including without limitation, by repairing the components of the property or by replacing components of the property with the same or similar components.