Osha 1926 Construction

8/8/2019 Osha 1926 Construction

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29Part 1926

Revised as of July 1, 2002

Labor

Containing a codification of documents

of general applicability and future effect

As of July 1, 2002

With Ancillaries

Published by

the Office of the Federal Register

National Archives and Records

Administration

A Special Edition of the Federal Register


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WASHINGTON : 2002

For sale by the Superintendent of Documents, U.S. Government Printing Office

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Table of ContentsPage

Explanation ................................................................................................ v

Title 29:

Subtitle BRegulations Relating to Labor (Continued)

Chapter XVIIOccupational Safety and Health Administration,Department of Labor (Continued) ............................................... 5

Finding Aids:

Material Approved for Incorporation by Reference ............................ 617

Table of CFR Titles and Chapters ....................................................... 623

Alphabetical List of Agencies Appearing in the CFR ......................... 641

Redesignation Table ............................................................................ 651

List of CFR Sections Affected ............................................................. 653


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Cite this Code: CFR

To cite the regulations in

this volume use title,

part and section num-

ber. Thus, 29 CFR

1926.1refers to title 29,

part 1926, section 1.


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Explanation

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July 1, 2002.


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THIS TITLE

Title 29LABOR is composed of nine volumes. The parts in these volumes are

arranged in the following order: parts 099, parts 100499, parts 500899, parts 900

1899, parts 19001910.999, part 1910.1000end, parts 19111925, part 1926, and part 1927

to end. The contents of these volumes represent all current regulations codified

under this title as of July 1, 2002.

The OMB control numbers for title 29 CFR part 1910 appear in 1910.8. For

the convenience of the user, 1910.8 appears in the Finding Aids section of the

volume containing 1910.1000 to the end.

Redesignation tables appear in the Finding Aids section of the eighth volume.

Subject indexes appear following the occupational safety and health standards

(part 1910), and following the safety and health regulations for: Longshoring (part

1918), Gear Certification (part 1919), and Construction (part 1926).


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Title 29Labor(This book contains part 1926)

Part

SUBTITLE BREGULATIONS RELATING TO LABOR (CONTINUED)

CHAPTER XVIIOccupational Safety and Health Administra-tion, Department of Labor (Continued) ............................. 1926

CROSS REFERENCES: Other regulations issued by the Department of Labor appear in 20 CFRchapters I, IV, V, VI and VII; 41 CFR chapters 50, 60, and 61; and 48 CFR chapter 29. ForStandards for a Merit System of Personnel Administration: See 5 CFR part 900, subpartF.


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Subtitle BRegulationsRelating to Labor


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CHAPTER XVIIOCCUPATIONAL SAFETY AND

HEALTH ADMINISTRATION, DEPARTMENT OF

LABOR

Part Page

1926 Safety and health regulations for construction ...... 7Subject index to Part 1926Safety and health reg-

ulations for construction ..................................... 606


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PART 1926SAFETY AND HEALTHREGULATIONS FOR CONSTRUCTION

Subpart AGeneral

Sec.1926.1 Purpose and scope.1926.2 Variances from safety and health

standards.1926.3 Inspectionsright of entry.1926.4 Rules of practice for administrative

adjudications for enforcement of safetyand health standards.

1926.5 OMB control numbers under the Pa-perwork Reduction Act.

Subpart BGeneral Interpretations

1926.10 Scope of subpart.1926.11 Coverage under section 103 of the act

distinguished.1926.12 Reorganization Plan No. 14 of 1950.1926.13 Interpretation of statutory terms.1926.14 Federal contract for mixed types

of performance.1926.15 Relationship to the Service Contract

Act; Walsh-Healey Public Contracts Act.1926.16 Rules of construction.

Subpart CGeneral Safety and HealthProvisions

1926.20 General safety and health provi-sions.

1926.21 Safety training and education.1926.22 Recording and reporting of injuries.

[Reserved]1926.23 First aid and medical attention.1926.24 Fire protection and prevention.1926.25 Housekeeping.1926.26 Illumination.1926.27 Sanitation.1926.28 Personal protective equipment.1926.29 Acceptable certifications.1926.30 Shipbuilding and ship repairing.1926.31 Incorporation by reference.1926.32 Definitions.1926.33 Access to employee exposure and

medical records.1926.34 Means of egress.1926.35 Employee emergency action plans.

Subpart DOccupational Health and

Environmental Controls

1926.50 Medical services and first aid.1926.51 Sanitation.1926.52 Occupational noise exposure.1926.53 Ionizing radiation.1926.54 Nonionizing radiation.1926.55 Gases, vapors, fumes, dusts, and

mists.1926.56 Illumination.1926.57 Ventilation.1926.58 [Reserved]1926.59 Hazard communication.1926.60 Methylenedianiline.

1926.61 Retention of DOT markings, plac-ards and labels.

1926.62 Lead.

1926.64 Process safety management of high-ly hazardous chemicals.

1926.65 Hazardous waste operations andemergency response.

1926.66 Criteria for design and constructionof spray booths.

Subpart EPersonal Protective and LifeSaving Equipment

1926.95 Criteria for personal protectiveequipment.

1926.96 Occupational foot protection.1926.971926.98 [Reserved]

1926.100 Head protection.1926.101 Hearing protection.

1926.102 Eye and face protection.1926.103 Respiratory protection.

1926.104 Safety belts, lifelines, and lanyards.1926.105 Safety nets.

1926.106 Working over or near water.1926.107 Definitions applicable to this sub-

part.

Subpart FFire Protection and Prevention1926.150 Fire protection.1926.151 Fire prevention.

1926.152 Flammable and combustible liq-uids.

1926.153 Liquefied petroleum gas (LP-Gas).1926.154 Temporary heating devices.

1926.155 Definitions applicable to this sub-part.

Subpart GSigns, Signals, and Barricades

1926.200 Accident prevention signs and tags.1926.201 Signaling.1926.202 Barricades.


Subpart HMaterials Handling, Storage,Use, and Disposal

1926.250 General requirements for storage.1926.251 Rigging equipment for material

handling.

1926.252 Disposal of waste materials.

Subpart IToolsHand and Power

1926.300 General requirements.1926.301 Hand tools.1926.302 Power-operated hand tools.1926.303 Abrasive wheels and tools.1926.304 Woodworking tools.1926.305 Jackslever and ratchet, screw,

and hydraulic.1926.306 Air receivers.1926.307 Mechanical power-transmission ap-

paratus.


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29 CFR Ch. XVII (7102 Edition)Pt. 1926

Subpart JWelding and Cutting

1926.350 Gas welding and cutting.

1926.351 Arc welding and cutting.1926.352 Fire prevention.1926.353 Ventilation and protection in weld-

ing, cutting, and heating.1926.354 Welding, cutting, and heating in

way of preservative coatings.

Subpart KElectrical

GENERAL

1926.400 Introduction.1926.401 [Reserved]

INSTALLATION SAFETY REQUIREMENTS

1926.402 Applicability.1926.403 General requirements.1926.404 Wiring design and protection.1926.405 Wiring methods, components, and

equipment for general use.1926.406 Specific purpose equipment and in-

stallations.1926.407 Hazardous (classified) locations.1926.408 Special systems.1926.4091926.415 [Reserved]

SAFETY-RELATED WORK PRACTICES

1926.416 General requirements.1926.417 Lockout and tagging of circuits.1926.4181926.430 [Reserved]

SAFETY-RELATED MAINTENANCE ANDENVIRONMENTAL CONSIDERATIONS

1926.431 Maintenance of equipment.1926.432 Environmental deterioration of

equipment.1926.4331926.440 [Reserved]

SAFETY REQUIREMENTS FOR SPECIALEQUIPMENT

1926.441 Batteries and battery charging.1926.4421926.448 [Reserved]

DEFINITIONS


Subpart LScaffolds

1926.450 Scope, application and definitionsapplicable to this subpart.

1926.451 General requirements.1926.452 Additional requirements applicable

to specific types of scaffolds.1926.453 Aerial lifts.1926.454 Training requirements.

APPENDIX A TO SUBPART LSCAFFOLD SPECI-FICATIONS

APPENDIX B TO SUBPART LCRITERIA FOR DE-TERMINING THE FEASIBILITY OF PROVIDINGSAFE ACCESS AND FALL PROTECTION FORSCAFFOLD ERECTORS AND DISMANTLERS

[RESERVED]

APPENDIX C TO SUBPART LLIST OF NA-TIONAL CONSENSUS STANDARDS

APPENDIX D TO SUBPART LLIST OF TRAINING

TOPICS FOR SCAFFOLD ERECTORS AND DIS-MANTLERS [RESERVED]

APPENDIX E TO SUBPART LDRAWINGS ANDILLUSTRATIONS

Subpart MFall Protection

1926.500 Scope, application, and definitionsapplicable to this subpart.

1926.501 Duty to have fall protection.1926.502 Fall protection systems criteria

and practices.1926.503 Training requirements.

APPENDIX A TO SUBPART MDETERMININGROOF WIDTHS

APPENDIX B TO SUBPART MGUARDRAIL SYS-TEMS

APPENDIX C TO SUBPART MPERSONAL FALLARREST SYSTEMS

APPENDIX D TO SUBPART MPOSITIONING DE-VICE SYSTEMS

APPENDIX E TO SUBPART MSAMPLE FALLPROTECTION PLANS

Subpart NCranes, Derricks, Hoists,

Elevators, and Conveyors

1926.550 Cranes and derricks.1926.551 Helicopters.1926.552 Material hoists, personnel hoists,

and elevators.1926.553 Base-mounted drum hoists.1926.554 Overhead hoists.1926.555 Conveyors.

Subpart OMotor Vehicles, MechanizedEquipment, and Marine Operations

1926.600 Equipment.1926.601 Motor vehicles.1926.602 Material handling equipment.1926.603 Pile driving equipment.1926.604 Site clearing.1926.605 Marine operations and equipment.1926.606 Definitions applicable to this sub-

part.

Subpart PExcavations


1926.651 Specific excavation requirements.1926.652 Requirements for protective sys-

tems.

APPENDIX A TO SUBPART PSOIL CLASSIFICA-TION

APPENDIX B TO SUBPART PSLOPING ANDBENCHING

APPENDIX C TO SUBPART PTIMBER SHORINGFOR TRENCHES

APPENDIX D TO SUBPART PALUMINUM HY-DRAULIC SHORING FOR TRENCHES

APPENDIX E TO SUBPART PALTERNATIVES TO

TIMBER SHORING


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Occupational Safety and Health Admin., Labor Pt. 1926

APPENDIX F TO SUBPART PSELECTION OFPROTECTIVE SYSTEMS

Subpart QConcrete and MasonryConstruction


1926.701 General requirements.1926.702 Requirements for equipment and

tools.1926.703 Requirements for cast-in-place con-

crete.1926.704 Requirements for precast concrete.1926.705 Requirements for lift-slab construc-

tion operations.1926.706 Requirements for masonry con-

struction.

APPENDIX A TO SUBPART QREFERENCES TOSUBPART Q OF PART 1926

Subpart RSteel Erection

1926.750 Scope.1926.751 Definitions.1926.752 Site layout, site-specific erection

plan and construction sequence.1926.753 Hoisting and rigging.

1926.754 Structural steel assembly.1926.755 Column anchorage.1926.756 Beams and columns.1926.757 Open web steel joists.1926.758 Systems-engineered metal build-

ings.1926.759 Falling object protection.1926.760 Fall protection.1926.761 Training.

APPENDIX A TO SUBPART R TO PART 1926GUIDELINES FOR ESTABLISHING THE COMPO-NENTS OF A SITE-SPECIFIC ERECTION PLAN:

NON-MANDATORY GUIDELINES FOR COM-PLYING WITH 1926.752(E)

APPENDIX B TO SUBPART R TO PART 1926AC-CEPTABLE TEST METHODS FOR TESTINGSLIP-RESISTANCE OF WALKING/WORKINGSURFACES: NON-MANDATORY GUIDELINESFOR COMPLYING WITH 1926.754(C)(3)

APPENDIX C TO SUBPART R TO PART 1926IL-LUSTRATIONS OF BRIDGING TERMINUSPOINTS: NON-MANDATORY GUIDELINES FORCOMPLYING WITH 1926.757(A)(10) AND 1926.757(C)(5)

APPENDIX D TO SUBPART R TO PART 1926IL-LUSTRATION OF THE USE OF CONTROL LINESTO DEMARCATE CONTROLLED DECKINGZONES (CDZS): NON-MANDATORY GUIDE-LINES FOR COMPLYING WITH 1926.760(C)(3)

APPENDIX E TO SUBPART R TO PART 1926TRAINING: NON-MANDATORY GUIDELINESFOR COMPLYING WITH 1926.761

APPENDIX F TO SUBPART R TO PART 1926PE-RIMETER COLUMNS: NON-MANDATORYGUIDELINES FOR COMPLYING WITH 1926.756(E) TO PROTECT THE UNPRO-TECTED SIDE OR EDGE OF A WALKING/

WORKING SURFACE

APPENDIX G TO SUBPART R TO PART 1926FALL PROTECTION SYSTEMS CRITERIA ANDPRACTICES FROM 1926.502: NON-MANDA-

TORY GUIDELINES FOR COMPLYING WITHCOMPLYING WITH 1926.760(D)APPENDIX H TO SUBPART R TO PART 1926

DOUBLE CONNECTIONS: ILLUSTRATION OF ACLIPPED END CONNECTION AND A STAG-GERED CONNECTION: NON-MANDATORYGUIDELINES FOR COMPLYING WITH COM-PLYING WITH 1926.756(C)(1)

Subpart SUnderground Construction,Caissons, Cofferdams and Compressed Air

1926.800 Underground construction.

1926.801 Caissons.1926.802 Cofferdams.1926.803 Compressed air.1926.804 Definitions applicable to this sub-

part.

APPENDIX A TO SUBPART SDECOMPRESSIONTABLES

Subpart TDemolition

1926.850 Preparatory operations.1926.851 Stairs, passageways, and ladders.

1926.852 Chutes.1926.853 Removal of materials through floor

openings.1926.854 Removal of walls, masonry sec-

tions, and chimneys.1926.855 Manual removal of floors.1926.856 Removal of walls, floors, and mate-

rial with equipment.1926.857 Storage.1926.858 Removal of steel construction.1926.859 Mechanical demolition.1926.860 Selective demolition by explosives.

Subpart UBlasting and the Use ofExplosives

1926.900 General provisions.1926.901 Blaster qualifications.1926.902 Surface transportation of explo-

sives.1926.903 Underground transportation of ex-

plosives.1926.904 Storage of explosives and blasting

agents.

1926.905 Loading of explosives or blastingagents.1926.906 Initiation of explosive charges

electric blasting.1926.907 Use of safety fuse.1926.908 Use of detonating cord.1926.909 Firing the blast.1926.910 Inspection after blasting.1926.911 Misfires.1926.912 Underwater blasting.1926.913 Blasting in excavation work under

compressed air.1926.914 Definitions applicable to this sub-

part.


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29 CFR Ch. XVII (7102 Edition)Pt. 1926

Subpart VPower Transmission andDistribution

1926.950 General requirements.1926.951 Tools and protective equipment.1926.952 Mechanical equipment.1926.953 Material handling.1926.954 Grounding for protection of em-

ployees.1926.955 Overhead lines.1926.956 Underground lines.1926.957 Construction in energized sub-

stations.1926.958 External load helicopters.1926.959 Linemans body belts, safety straps,

and lanyards.


Subpart WRollover Protective Structures;Overhead Protection

1926.1000 Rollover protective structures(ROPS) for material handling equipment.

1926.1001 Minimum performance criteria forrollover protective structures for des-ignated scrapers, loaders, dozers, graders,and crawler tractors.

1926.1002 Protective frames (roll-over pro-tective structures, known as ROPS) forwheel-type agricultural and industrialtractors used in construction.

1926.1003 Overhead protection for operatorsof agricultural and industrial tractors.

Subpart XStairways and Ladders


1926.1051 General requirements.1926.1052 Stairways.

1926.1053 Ladders.1926.10541926.1059 [Reserved]1926.1060 Training requirements.

APPENDIX A TO SUBPART XLADDERS

Subpart YDiving

GENERAL

1926.1071 Scope and application.1926.1072 Definitions.

PERSONNEL REQUIREMENTS

1926.1076 Qualifications of dive team.

GENERAL OPERATIONS PROCEDURES

1926.1080 Safe practices manual.1926.1081 Pre-dive procedures.1926.1082 Procedures during dive.1926.1083 Post-dive procedures.

SPECIFIC OPERATIONS PROCEDURES

1926.1084 SCUBA diving.1926.1085 Surface-supplied air diving.1926.1086 Mixed-gas diving.1926.1087 Liveboating.

EQUIPMENT PROCEDURES AND REQUIREMENTS

1926.1090 Equipment.

RECORDKEEPING

1926.1091 Recordkeeping requirements.1926.1092 Effective date.

APPENDIX A TO SUBPART YEXAMPLES OFCONDITIONS WHICH MAY RESTRICT ORLIMIT EXPOSURE TO HYPERBARIC CONDI-TIONS

APPENDIX B TO SUBPART YGUIDELINES FORSCIENTIFIC DIVING

Subpart ZToxic and HazardousSubstances

1926.1100 [Reserved]1926.1101 Asbestos.1926.1102 Coal tar pitch volatiles; interpre-

tation of term.1926.1103 13 carcinogens (4-Nitrobiphenyl,

etc.).1926.1104 alpha-Naphthylamine.1926.1105 [Reserved]1926.1106 Methyl chloromethyl ether.1926.1107 3,3Dichlorobenzidiene (and its

salts).1926.1108 bis-Chloromethyl ether.1926.1109 beta-Naphthylamine.1926.1110 Benzidine.1926.1111 4-Aminodiphenyl.1926.1112 Ethyleneimine.1926.1113 beta-Propiolactone.1926.1114 2-Acetylaminofluorene.1926.1115 4-Dimethylaminoazobenzene.1926.1116 N-Nitrosodimethylamine.1926.1117 Vinyl chloride.1926.1118 Inorganic arsenic.1926.1127 Cadmium.1926.1128 Benzene.

1926.1129 Coke oven emissions.1926.1144 1,2-dibromo-3-chloropropane.1926.1145 Acrylonitrile.1926.1147 Ethylene oxide.1926.1148 Formaldehyde.1926.1152 Methylene chloride.

APPENDIX A TO PART 1926DESIGNATIONS FORGENERAL INDUSTRY STANDARDS INCOR-PORATED INTO BODY OF CONSTRUCTIONSTANDARDS

SUBJECT INDEX FOR PART 1926SAFETY ANDHEALTH REGULATIONS FOR CONSTRUCTION

SOURCE: 44 FR 8577, Feb. 9, 1979; 44 FR20940, Apr. 6, 1979, unless otherwise noted.

EDITORIAL NOTE: At 44 FR 8577, Feb. 9, 1979,and corrected at 44 FR 20940, Apr. 6, 1979,OSHA reprinted without change the entiretext of 29 CFR part 1926 together with cer-tain General Industry Occupational Safetyand Health Standards contained in 29 CFRpart 1910, which have been identified as alsoapplicable to construction work. This repub-lication developed a single set of OSHA regu-lations for both labor and management

forces within the construction industry.


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Occupational Safety and Health Admin., Labor 1926.4

Subpart AGeneral

AUTHORITY: Section 107, Contract WorkHours and Safety Standards Act (Construc-

tion Safety Act) (40 U.S.C. 333); secs. 4, 6, 8,

Occupational Safety and Health Act of 1970

(29 U.S.C. 653, 655, 657); Secretary of Labors

Order 1271 (36 FR 8754), 876 (41 FR 25059), 1

90 (55 FR 9033),), or 696 (62 FR 111), as appli-

cable; 29 CFR part 1911.

1926.1 Purpose and scope.

(a) This part sets forth the safety and

health standards promulgated by theSecretary of Labor under section 107 ofthe Contract Work Hours and SafetyStandards Act. The standards are pub-lished in subpart C of this part and fol-lowing subparts.

(b) Subpart B of this part containsstatements of general policy and inter-pretations of section 107 of the Con-tract Work Hours and Safety Stand-ards Act having general applicability.

1926.2 Variances from safety andhealth standards.

(a) Variances from standards whichare, or may be, published in this partmay be granted under the same cir-cumstances whereunder variances maybe granted under section 6(b)(A) or 6(d)of the Williams-Steiger OccupationalSafety and Health Act of 1970 (29 U.S.C.65). The procedures for the granting ofvariances and for related relief underthis part are those published in part1905 of this title.

(b) Any requests for variances underthis section shall also be considered re-quests for variances under the Wil-liams-Steiger Occupational Safety andHealth Act of 1970, and any requests forvariances under Williams-Steiger Occu-pational Safety and Health Act with

respect to construction safety orhealth standards shall be considered tobe also variances under the Construc-tion Safety Act. Any variance from aconstruction safety or health standardwhich is contained in this part andwhich is incorporated by reference inpart 1910 of this title shall be deemed avariance from the standard under boththe Construction Safety Act and theWilliams-Steiger Occupational Safety

and Health Act of 1970.

1926.3 Inspectionsright of entry.

(a) It shall be a condition of each

contract which is subject to section 107of the Contract Work Hours and SafetyStandards Act that the Secretary ofLabor or any authorized representativeshall have a right of entry to any siteof contract performance for the fol-lowing purposes:

(1) To inspect or investigate the mat-ter of compliance with the safety andhealth standards contained in subpartC of this part and following subparts;and

(2) To carry out the duties of the Sec-retary under section 107(b) of the Act.

(b) For the purpose of carrying outhis investigative duties under the Act,the Secretary of Labor may, by agree-ment, use with or without reimburse-ment the services, personnel, and fa-cilities of any State or Federal agency.Any agreements with States under thissection shall be similar to those pro-vided for under the Walsh-Healey Pub-lic Contracts Act under 41 CFR part 50205.

1926.4 Rules of practice for adminis-trative adjudications for enforce-ment of safety and health stand-ards.

(a) The rules of practice for adminis-trative adjudications for the enforce-ment of the safety and health stand-ards contained in subpart C of this part

and the following subparts shall be thesame as those published in part 6 ofthis title with respect to safety andhealth violations of the Service Con-tract Act of 1965 (69 Stat. 1035), exceptas provided in paragraph (b) of this sec-tion.

(b) In the case of debarment, the find-ings required by section 107(d) of theAct shall be made by the hearing exam-iner or the Assistant Secretary of

Labor for Occupational Safety andHealth, as the case may be. Whenever,as provided in section 107(d)(2), a con-tractor requests termination of debar-ment before the end of the 3-year pe-riod prescribed in that section, the re-quest shall be filed in writing with theAssistant Secretary of Labor for Occu-pational Safety and Health who shallpublish a notice in the FEDERAL REG-ISTER that the request has been re-

ceived and afford interested persons an


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29 CFR Ch. XVII (7102 Edition) 1926.5

opportunity to be heard upon the re-quest, and thereafter the provisions ofpart 6 of this title shall apply with re-

spect to prehearing conferences, hear-ings and related matters, and decisionsand orders.

1926.5 OMB control numbers underthe Paperwork Reduction Act.

The following sections or paragraphseach contain a collection of informa-tion requirement which has been ap-proved by the Office of Managementand Budget under the control number

listed.

29 CFR citationOMB con-

trol No.

1926.33 ................................................................ 121800651926.50 ................................................................ 121800931926.52 ................................................................ 121800481926.53 ................................................................ 121801031926.59 ................................................................ 121800721926.60 ................................................................ 121801831926.62 ................................................................ 121801891926.64 ................................................................ 121802001926.65 ................................................................ 12180202

1926.103 .............................................................. 121800991926.200 .............................................................. 121801321926.250 .............................................................. 121800931926.251 .............................................................. 121802331926.403 .............................................................. 121801301926.404 .............................................................. 121801301926.405 .............................................................. 121801301926.407 .............................................................. 121801301926.408 .............................................................. 121801301926.453(a)(2) ..................................................... 121802161926.502 .............................................................. 121801971926.503 .............................................................. 121801971926.550(a)(1) ..................................................... 121801151926.550(a)(2) ..................................................... 12180115

1926.550(a)(4) ..................................................... 121801151926.550(a)(6) ..................................................... 121801131926.550(a)(11) ................................................... 121800541926.550(a)(16) ................................................... 121801151926.550(b)(2) ..................................................... 121802321926.550(g) ......................................................... 121801511926.552 .............................................................. 121802311926.652 .............................................................. 121801371926.703 .............................................................. 121800951926.800 .............................................................. 121800671926.803 .............................................................. 121800671926.900 .............................................................. 121802171926.903 .............................................................. 121802271926.1080 ............................................................ 121800691926.1081 ............................................................ 121800691926.1083 ............................................................ 121800691926.1090 ............................................................ 121800691926.1091 ............................................................ 121800691926.1101 ............................................................ 121801341926.1103 ............................................................ 121800851926.1104 ............................................................ 121800841926.1106 ............................................................ 121800861926.1107 ............................................................ 121800831926.1108 ............................................................ 121800871926.1109 ............................................................ 121800891926.1110 ............................................................ 121800821926.1111 ............................................................ 121800901926.1112 ............................................................ 121800801926.1113 ............................................................ 121800791926.1114 ............................................................ 12180088

29 CFR citationOMB con-

trol No.

1926.1115 ............................................................ 12180044

1926.1116 ............................................................ 121800811926.1117 ............................................................ 121800101926.1118 ............................................................ 121801041926.1127 ............................................................ 121801861926.1128 ............................................................ 121801291926.1129 ............................................................ 121801281926.1144 ............................................................ 121801011926.1145 ............................................................ 121801261926.1147 ............................................................ 121801081926.1148 ............................................................ 12180145

[61 FR 5509, Feb. 13, 1996, as amended at 63FR 3814, Jan. 27, 1998; 63 FR 13340, Mar. 19,

1998; 63 FR 17094, Apr. 8, 1998; 64 FR 18810,Apr. 16, 1999]

Subpart BGeneralInterpretations

AUTHORITY: Sec. 107, Contract Work Hoursand Safety Standards Act (ConstructionSafety Act) (40 U.S.C. 333).

1926.10 Scope of subpart.

(a) This subpart contains the generalrules of the Secretary of Labor inter-preting and applying the constructionsafety and health provisions of section107 of the Contract Work Hours andSafety Standards Act (83 Stat. 96). Sec-tion 107 requires as a condition of eachcontract which is entered into underlegislation subject to ReorganizationPlan Number 14 of 1950 (64 Stat. 1267),and which is for construction, alter-

ation, and/or repair, including paintingand decorating, that no contractor orsubcontractor contracting for any partof the contract work shall require anylaborer or mechanic employed in theperformance of the contract to work insurroundings or under working condi-tions which are unsanitary, hazardous,or dangerous to his health or safety, asdetermined under construction safetyand health standards promulgated by

the Secretary by regulation.

1926.11 Coverage under section 103of the act distinguished.

(a) Coverage under section 103. It is im-portant to note that the coverage ofsection 107 differs from that for theovertime requirements of the ContractWork Hours and Safety Standards Act.The application of the overtime re-quirements is governed by section 103,

which subject to specific exemptions,


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includes: (1) Federal contracts requir-ing or involving the employment of la-borers or mechanics (thus including,

but not limited to, contracts for con-struction), and (2) contracts assisted inwhole or in part by Federal loans,grants, or guarantees under any stat-ute providing wage standards for suchwork. The statutes providing wagestandards for such workinclude stat-utes for construction which require thepayment of minimum wages in accord-ance with prevailing wage findings bythe Secretary of Labor in accordance

with the Davis-Bacon Act. A provisionto section 103 excludes from the over-time requirements work where theFederal assistance is only in the formof a loan guarantee or insurance.

(b) Coverage under section 107. To becovered by section 107 of the ContractWork Hours and Safety Standards Act,a contract must be one which (1) is en-tered into under a statute that is sub-ject to Reorganization Plan No. 14 of

1950 (64 Stat. 1267); and (2) is for con-struction, alteration, and/or repair, in-cluding painting and decorating.

1926.12 Reorganization Plan No. 14of 1950.

(a) General provisions. ReorganizationPlan No. 14 of 1950 relates to the pre-scribing by the Secretary of Labor ofappropriate standards, regulations,and procedureswith respect to the en-

forcement of labor standards underFederal and federally assisted con-tracts which are subject to variousstatutes subject to the Plan. The rulesof the Secretary of Labor imple-menting the Plan are published in part5 of this title. Briefly, the statutes sub-ject to the Plan include the Davis-Bacon Act, including its extension toFederal-aid highway legislation subjectto 23 U.S.C. 113, and other statutes sub-

ject to the Plan by its original terms,statutes by which the Plan is expresslyapplied, such as the Contract WorkHours Standards Act by virtue of sec-tion 104(d) thereof.

(b) The Plan. (1) The statutes subjectto Reorganization Plan No. 14 of 1950are cited and briefly described in theremaining paragraphs of this section.These descriptions are general in na-ture and not intended to convey the

full scope of the work to be performed

under each statute. The individualstatutes should be resorted to for amore detailed scope of the work.

(2) Federal-Aid Highway Acts. The pro-visions codified in 23 U.S.C. 113 applyto the initial construction, reconstruc-tion, or improvement work performedby contractors or subcontractors onhighway projects on the Federal-aidsystems, the primary and secondary, aswell as their extensions in urban areas,and the Interstate System, authorizedunder the highway laws providing forthe expenditure of Federal funds uponthe Federal-aid system. As cited in 41Op. A.G. 488, 496, the Attorney Generalruled that the Federal-Aid HighwayActs are subject to ReorganizationPlan No. 14 of 1950.

(3) National Housing Act (12 U.S.C.1713, 1715a, 1715e, 1715k, 1715l(d)(3) and(4), 1715v, 1715w, 1715x, 1743, 1747, 1748,1748h2, 1750g, 1715l(h)(1), 1715z(j)(1),1715z1, 1715y(d), Subchapter 1xA and1xB, 1715z7). This act covers construc-tion which is financed with assistanceby the Federal Government throughprograms of loan and mortgage insur-ance for the following purposes:

(i) Rental HousingSection 1713 pro-vides mortgage and insurance on rentalhousing of eight or more units and onmobile-home courts.

(ii) Section 1715aRepealed.

(iii) Cooperative HousingSection

1715e authorizes mortgage insurance oncooperative housing of five or moreunits as well as supplementary loansfor improvement of repair or resale ofmemberships.

(iv) Urban Renewal HousingSection1715k provides mortgage insurance onsingle family or multifamily housingin approved urban renewal areas.

(v) Low or Moderate Income Hous-ingSection 1715L(d) (3) and (4) insures

mortgages on low-cost single family ormultifamily housing.

(vi) Housing for ElderlySection1715v provides mortgage insurance onrental housing for elderly or handi-capped persons.

(vii) Nursing HomesSection 1715wauthorizes mortgage insurance onnursing home facilities and majorequipment.

(viii) Experimental HousingSection

1715x provides mortgage insurance on


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single family or multifamily housingwith experimental design of materials.

(ix) War Housing InsuranceSection

1743 not active.(x) Yield InsuranceSection 1747 in-

sures investment returns on multi-family housing.

(xi) Armed Services HousingSec-tion 1748b to assist in relieving acuteshortage and urgent need for familyhousing at or in areas adjacent to mili-tary installations.

(xii) Defense Housing for ImpactedAreasSection 1748h2 provides mort-

gage insurance on single family ormultifamily housing for sale or rentprimarily to military or civilian per-sonnel of the Armed Services, NationalAeronautics and Space Administration,or Atomic Energy Commission.

(xiii) Defense Rental HousingSec-tion 1750g provides for mortgage insur-ance in critical defense housing areas.

(xiv) RehabilitationSection 1715L(h)(1) provides mortgage insurance for

nonprofit organizations to finance thepurchase and rehabilitation of deterio-rating or substandard housing for sub-sequent resale to low-income homepurchasers. There must be located onthe property five or more single familydwellings of detached, semidetached, orrow construction.

(xv) Homeowner AssistanceSection1715Z(j)(1) authorizes mortgage insur-ance to nonprofit organizations or pub-

lic bodies or agencies executed to fi-nance sale of individual dwellings tolower income individuals or families.Also includes the rehabilitation of suchhousing if it is deteriorating or sub-standard for subsequent resale to lowerincome home purchasers.

(xvi) Rental Housing AssistanceSection 1715Z1 authorizes mortgageinsurance and interest reduction pay-ments on behalf of owners of rental

housing projects designed for occu-pancy by lower income families. Pay-ments are also authorized for certainState or locally aided projects.

(xvii) Condominium HousingSec-tion 1715y(d) provides mortgage insur-ance on property purchased for the de-velopment of building sites. This in-cludes waterlines and water supply in-stallations, sewer lines and sewage dis-posal installations, steam, gas, and

electrical lines and installations,

roads, streets, curbs, gutters, side-walks, storm drainage facilities, andother installations or work.

(xviii) Group Medical Practice Facili-tiesSubchapter LXB authorizesmortgage insurance for the financingof construction and equipment, of fa-cilities for group practice of medicine,optometry, or dentistry.

(xix) Nonprofit Hospitals1715z7 au-thorizes mortgage insurance to covernew and rehabilitated hospitals, in-cluding initial equipment.

(4) Hospital Survey and ConstructionAct, as amended by the Hospital and

Medical Facilities Amendments of 1964 (42U.S.C. 291e). The provisions of this Actcover construction contracts made byState or local authorities or private in-stitutions under Federal grant-in-aidprograms for the construction of hos-pitals and other medical facilities.

(5) Federal Airport Act (49 U.S.C.1114(b)). The act provides grant-in-aid

funds for airport construction limitedto general site preparation runways,taxiways, aprons, lighting appurtenantthereto, and fire, rescue, and mainte-nance buildings. The act excludes con-struction intended for use as a publicparking facility for passenger auto-mobiles and the cost of construction ofany part of an airport building exceptsuch of those buildings or parts of

buildings to house facilities or activi-ties directly related to the safety ofpersons at the airport.

(6) Housing Act of 1949 (42 U.S.C. 1459).Construction contracts awarded bylocal authorities financed with the as-sistance of loans and grants from theFederal Government. The constructionprograms are for slum clearance andurban renewal which includes rehabili-tation grants, neighborhood develop-

ment programs, neighborhood renewalplans, community renewal, demolitionprojects, and assistance for blightedareas. See the Housing Act of 1964,paragraph (b)(21) of this section, con-cerning financial assistance for low-rent housing for domestic farm labor.

(7) School Survey and Construction Actof 1950 (20 U.S.C. 636). This act providesfor a Federal grant-in-aid program toassist in the construction of schools in

federally affected areas.


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(8) Defense Housing & Community Fa-cilities & Services Act of 1951 (42 U.S.C.1592i). Inactive Program.

(9) United States Housing Act of 1937(42 U.S.C. 1416). This statute covers theconstruction of low-rent public housingand slum clearance projects awardedby local authorities. These projects arefinanced with the assistance of loansand grants from the Federal Govern-ment. The slum clearance is the demo-lition and removal of buildings fromany slum area to be used for a low-renthousing project.

(10) Federal Civil Defense Act of 1950 (50U.S.C. App. 2281). This act provides forFederal assistance to the severalStates and their political subdivisionsin the field of civil defense which in-cludes procurement, construction, leas-ing, or renovating of materials and fa-cilities.

(11) Delaware River Basin Compact(sec. 15.1, 75 Stat. 714). This joint resolu-tion creates, by intergovernmental

compact between the United States,Delaware, New Jersey, New York, andPennsylvania, a regional agency forplanning, conservation, utilization, de-velopment, management and control ofthe water and related sources of theDelaware River.

(12) Cooperative Research Act (20 U.S.C.332a(c)). This act provides Federalgrants to a university, college, or otherappropriate public or nonprofit private

agency or institution for part or all ofthe cost of constructing a facility forresearch or for research and relatedpurposes. Research and related pur-poses means research, research train-ing, surveys, or demonstrations in thefield of education, or the disseminationof information derived therefrom, orall of such activities, including (butwithout limitation) experimentalschools, except that such term does not

include research, research training,surveys, or demonstrations in the fieldof sectarian instruction or the dissemi-nation of information derived there-from. Construction includes new build-ings, and the acquisition, expansion,remodeling, replacement, and alter-ation of existing buildings and theequipping of new buildings and existingbuildings.

(13) Health Professions Educational As-

sistance Act of 1963 (42 U.S.C. 292d (c)(4),

293a(c)(5)). The provisions of this actprovide for grants to assist public andnonprofit medical, dental, and similar

schools for the construction, expan-sion, or renovation of teaching facili-ties.

(14) Mental Retardation Facilities Con-struction Act (42 U.S.C. 295(a)(2)(D),2662(5), 2675(a)(5)). This act authorizesFederal financial assistance in the con-struction of centers for research onmental retardation and related aspectsof human development, of university-affiliated facilities for the mentally re-

tarded and of facilities for the men-tally retarded.

(15) Community Mental Health CentersAct (42 U.S.C. 2685(a)(5)). This act au-thorizes Federal grants for the con-struction of public and other nonprofitcommunity mental health centers.

(16) Higher Education Facilities Act of1963 (20 U.S.C. 753). This act authorizesthe grant or loan of Federal funds toassist public and other nonprofit insti-

tutions of higher education in financ-ing the construction, rehabilitation, orimprovement of academic and relatedfacilities in undergraduate and grad-uate schools.

(17) Vocational Educational Act of 1963(20 U.S.C. 35f). This act provides forFederal grants to the various Statesfor construction of area vocationaleducation school facilities.

(18) Library Services and Construction

Act (20 U.S.C. 355e(a)(4)). This act pro-vides for Federal assistance to the var-ious States for the construction of pub-lic libraries.

(19) Urban Mass Transportation Act of1954 (49 U.S.C. 1609). This act providesfor grants and loans to assist Statesand local public bodies and agenciesthereof in financing the acquisition,construction, reconstruction, and im-provement of facilities and equipment

for use, by operation or lease or other-wise, in mass transportation service inurban areas and in coordinating suchservice with highway and other trans-portation in such areas.

(20) Economic Opportunity Act of 1964(42 U.S.C. 2947). This act covers con-struction which is financed with assist-ance of the Federal Government for thefollowing purposes:

(i) Authorizes Federal assistance for

construction of projects, buildings and


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works which will provide young menand women in rural and urban residen-tial centers with education, vocational

training, and useful work experience(Title I).

(ii) Authorizes financial assistancefor construction work planned and car-ried out at the community level forantipoverty programs (Title II):

(a) Authorizes loans to low incomerural families by assisting them to ac-quire or improve real estate or reduceencumbrances or erect improvementsthereon, and to participate in coopera-

tive associations and/or to finance non-agricultural enterprises which will en-able such families to supplement theirincome (Title III);

(b) Authorizes loans to local coopera-tive associations furnishing essentialprocessing, purchasing, or marketingservices, supplies, or facilities predomi-nantly to low-income rural families(Title III);

(c) Authorizes financial assistance to

States, political subdivisions of States,public and nonprofit agencies, institu-tions, organizations, farm associations,or individuals in establishing housing,sanitation, education, and child day-care programs for migrants and otherseasonally employed agricultural em-ployees and their families (Title III).

(iii) Authorizes loans or guaranteesloans to small businesses for construc-tion work (Title IV).

(iv) Authorizes the payment of thecost of experimental, pilot, or dem-onstration projects to foster State pro-grams providing construction work ex-perience or training for unemployed fa-thers and needy people (Title V).

(21) Housing Act of 1964 (42 U.S.C.1486(f); 42 U.S.C. 1452b(e)). Provides fi-nancial assistance for low-rent housingfor domestic farm labor. The Act fur-ther provides for loans, through public

or private agencies, where feasible, toowners or tenants of property in urbanrenewal areas to finance rehabilitationrequired to conform the property to ap-plicable code requirements or carry outthe objectives of the urban renewalplan for the area.

(22) The Commercial Fisheries Researchand Development Act of 1964 (16 U.S.C.779e(b)). This Act authorizes financialassistance to State agencies for con-

struction projects designed for the re-

search and development of the com-mercial fisheries resources of the Na-tion.

(23) The Nurse Training Act of 1964 (42U.S.C. 296a(b)(5)). This act provides forgrants to assist in the construction ofnew facilities for collegiate, associatedegree, and diploma schools of nursing,or replacement or rehabilitation of ex-isting facilities of such schools.

(24) Elementary and Secondary Edu-cation Act of 1965 (20 U.S.C. 241i, 848).The purpose of the act is to provide fi-nancial assistance to local educational

agencies serving areas with concentra-tions of children from low-income fam-ilies for construction in connectionwith the expansion or improvement oftheir educational programs.

(25) Federal Water Pollution ControlAct, as amended by the Water Quality Act

of 1965 (3 U.S.C. 466e(g)). Provides for fi-nancial assistance to States or munici-palities for construction of facilities inconnection with the prevention and

control of water pollution. This in-cludes projects that will control thedischarge into any waters of untreatedor inadequately treated sewage.

(26) Appalachian Regional DevelopmentAct of 1965 (40 U.S.C. App. 402). Author-izes Federal assistance in the construc-tion of an Appalachian developmenthighway system; construction of multi-county demonstration health facilities,hospitals, regional health, diagnostic

and treatment centers, and other fa-cilities for health; seal and fill voids inabandoned mines and to rehabilitatestrip mine areas; construction ofschool facilities for vocational edu-cation; and to assist in construction ofsewage treatment works.

(27) National Technical Institute for theDeaf Act (20 U.S.C. 684(b)(5)). Providesfor financial assistance for institutionsof higher education for the establish-

ment, construction, including equip-ment and operation, of a National In-stitution for the Deaf.

(28) Housing Act of 1959 (12 U.S.C.1701(q)(c)(3)). This act authorizes loansto nonprofit corporations to be used forthe construction of housing and relatedfacilities for elderly families. Also, theprovisions of the act provide for reha-bilitation, alteration, conversion orimprovement of existing structures

which are otherwise inadequate for


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proposed dwellings used by such fami-lies.

(29) College Housing Act of 1950, as

amended (12 U.S.C. 1749a(f)). This actprovides for Federal loans to assisteducational institutions in providinghousing and other educational facili-ties for students and faculties.

(30) Housing and Urban DevelopmentAct of 1965 (42 U.S.C. 1500c3, 3107). Thisact provides for Federal assistance forthe following purposes:

(i) Grants to States and local publicbodies to assist in any construction

work to be carried out under the open-space land and urban beautificationprovisions contained therein. It pro-vides for parks and recreation areas,conservation of land and other naturalresources, and historical and scenicpurposes.

(ii) Grants to local public bodies andagencies to finance specific projects forbasic public water facilities (includingworks for the storage, treatment, puri-

fication, and distribution of water),and for basic public sewer facilities(other than treatment works as de-fined in the Federal Water PollutionControl Act).

(iii) Grants to any local public bodyor agency to assist in financing neigh-borhood facilities. These facilitiesmust be necessary for carrying out aprogram of health, recreational, social,or similar community service and lo-

cated so as to be available for the useof the areas low or moderate incomeresidents.

(31) National Foundation on the Artsand the Humanities Act of 1965 (20 U.S.C.954(k)). The act establishes the Na-tional Foundation on the Arts and theHumanities which may providematching grants to groups (nonprofitorganizations and State and other pub-lic organizations) and to individuals

engaged in creative and performingarts for the entire range of artistic ac-tivity, including construction of nec-essary facilities.

(32) Public Works and Economic Devel-opment Act of 1965 (42 U.S.C. 3222). Thisact provides for Federal assistance forthe following purposes:

(i) Grants for the acquisition or de-velopment of land or improvements forpublic works or development facility

usage in redevelopment areas. It au-

thorizes loans to assist in financing thepurchase or development of land forpublic works which will assist in the

creation of long-term employment op-portunities in the area.

(ii) Loans for the purchase or devel-opment of land and facilities (includingmachinery and equipment) for indus-trial or commercial usage within rede-velopment areas; guarantee of loans forworking capital made to private bor-rowers by private lending institutionsin connection with direct loan projects;and to contract to pay to, or on behalf

of, business entities locating in rede-velopment areas, a portion of the inter-est costs which they incur in financingtheir expansions from private sources.

(iii) Loans and grants to create eco-nomic development centers within des-ignated county economic developmentdistricts.

(33) High-Speed Ground TransportationStudy (40 U.S.C. 1636(b)). This act pro-vides for financial assistance for con-

struction activities in connection withresearch and development of differentforms of high-speed ground transpor-tation and demonstration projects re-lating to intercity rail passenger serv-ice.

(34) Heart Disease, Cancer and StrokeAmendments of 1965 (42 U.S.C. 299(b)(4)).This act provides for grants to publicor nonprofit private universities, med-ical schools, research, institutions,

hospitals, and other public and non-profit agencies and institutions, or as-sociations thereof to assist in construc-tion and equipment of facilities in con-nection with research, training, dem-onstration of patient care, diagnosticand treatment related to heart disease,cancer, stroke, and other major dis-eases.

(35) Mental Retardation Facilities andCommunity Mental Health Centers Con-

struction Act Amendments of 1965 (20U.S.C. 618(g)). These provisions providefor grants to institutions of higher edu-cation for construction of facilities forresearch or for research and relatedpurposes relating to education for men-tally retarded, hard of hearing, deaf,speech impaired, visually handicapped,seriously emotionally disturbed, crip-pled, or other health impaired childrenwho by reason thereof require special

education.


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the use of all or a part of such propertyfor a national visitor center to beknown as the National Visitor Center.

The agreements and leases shall pro-vide for such alterations of the UnionStation Building as necessary to pro-vide adequate facilities for visitors.They also provide for the constructionof a parking facility, including nec-essary approaches and ramps.

(49) Juvenile Delinquency Preventionand Control Act of 1968 (42 U.S.C. 3843).This act provides for Federal grants toState, county, municipal, or other pub-

lic agency or combination thereof forthe construction of facilities to be usedin connection with rehabilitation serv-ices for the diagnosis, treatment, andrehabilitation of delinquent youths andyouths in danger of becoming delin-quent.

(50) Housing and Urban DevelopmentAct of 1968 (including New CommunitiesAct of 1968) (42 U.S.C. 3909). This actprovides for Federal assistance for the

following purposes:(i) Guarantees, and commitments to

guarantee, the bonds, debentures,notes, and other obligations issued bynew community developers to help fi-nance new community developmentprojects.

(ii) Amends section 212(a) of the Na-tional Housing Act, adding section 236for Rental Housing for Lower IncomeFamilies and section 242 Mortgage

Insurance for Nonprofit Hospitalsthereto.

(51) Public Health Service Act Amend-ment (Alcoholic and Narcotic Addict Re-habilitation Amendments of 1968) (42

U.S.C. 2681, et seq.). This act providesfor grants to a public and nonprofit pri-vate agency or organization for con-struction projects consisting of any fa-cilities (including post-hospitalizationtreatment facilities for the prevention

and treatment of alcoholism or treat-ment of narcotic addicts.)

(52) Vocational Education Amendmentsof 1968 (20 U.S.C. 1246). This act pro-vides for grants to States for the con-struction of area vocational educationschool facilities. The act further pro-vides grants to public educationalagencies, organizations, or institutionsfor construction of residential schoolsto provide vocational education for the

purpose of demonstrating the feasi-

bility and desirability of such schools.The act still further provides grants toState boards, to colleges and univer-

sities, to public educational agencies,organizations or institutions to reducethe cost of borrowing funds for the con-struction of residential schools anddormitories.

(53) Postal Reorganization Act (39U.S.C. 410(d)(2)). This Act provides forconstruction, modification, alteration,repair, and other improvements ofpostal facilities located in leased build-ings.

(54) Airport and Airway DevelopmentAct of 1970 (Pub. L. 91258, section52(b)(7)). This Act provides for Federalfinancial assistance to States and lo-calities for the construction, improve-ment, or repair of public airports.

(55) (i) Public Law 91230. This Actprovides for federal financial assist-ance to institutions of higher learningfor the construction of a National Cen-

ter on Educational Media and Mate-rials for the Handicapped. The programunder this statute expires on July 1,1971. Public Law 91230, section 662(1).

(ii) Education of the Handicapped Act(20 U.S.C. 12326, 1404(a)). This Act pro-vides for financial assistance to Statesfor construction, expansion, remod-eling, or alteration of facilities for theeducation of handicapped children atthe preschool, elementary school, and

secondary school levels.(56) Housing and Urban Development

Act of 1970 (Pub. L. 91609, section707(b)). This Act provides for grants toStates and local public agencies to helpfinance the development of open-spaceor other land in urban areas for open-space uses. This Act becomes effectiveon July 1, 1971.

(57) Developmental Disabilities Servicesand Facilities Construction Amendments

of 1970 (Pub. L. 91517, section 135(a)(5)).This Act authorizes grants to Statesfor construction of facilities for theprovision of services to persons withdevelopmental disabilities who are un-able to pay for such services.

(58) Rail Passenger Service Act of 1970(Pub. L. 91518, section 405(d)). This stat-ute provides that the National Rail-road Passenger Corporation may con-struct physical facilities necessary to

intercity rail passenger operations


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within the basic national rail pas-senger system designated by the Sec-retary of Transportation.

(c) VA and FHA housing. In the courseof the legislative development of sec-tion 107, it was recognized that section107 would not apply to housing con-struction for which insurance wasissued by the Federal Housing Author-ity and Veterans Administration forindividual home ownership. Concerningconstruction under the National Hous-ing Act, Reorganization Plan No. 14 of1950 applies to construction which is

subject to the minimum wage require-ments of section 212(a) thereof (12U.S.C. 1715c).

1926.13 Interpretation of statutoryterms.

(a) The terms construction, alteration,and repair used in section 107 of the Actare also used in section 1 of the Davis-Bacon Act (40 U.S.C. 276a), providingminimum wage protection on Federal

construction contracts, and section 1 ofthe Miller Act (40 U.S.C. 270a), pro-viding performance and payment bondprotection on Federal constructioncontracts. Similarly, the terms con-tractor and subcontractor are used inthose statutes, as well as in Copeland(Anti-Kickback) Act (40 U.S.C. 276c)and the Contract Work Hours and Safe-ty Standards Act itself, which applyconcurrently with the Miller Act and

the Davis-Bacon Act on Federal con-struction contracts and also apply tomost federally assisted constructioncontracts. The use of the same or iden-tical terms in these statutes whichapply concurrently with section 107 ofthe Act have considerable precedentialvalue in ascertaining the coverage ofsection 107.

(b) It should be noted that section 1of the Davis-Bacon Act limits min-

imum wage protection to laborers andmechanics employed directly uponthe site of the work. There is nocomparable limitation in section 107 ofthe Act. Section 107 expressly requiresas a self-executing condition of eachcovered contract that no contractor orsubcontractor shall require any la-borer or mechanic employed in the per-formance of the contract to work insurroundings or under working condi-

tions which are unsanitary, hazardous,

or dangerous to his health or safetyasthese health and safety standards areapplied in the rules of the Secretary of

Labor.(c) The term subcontractor under sec-

tion 107 is considered to mean a personwho agrees to perform any part of thelabor or material requirements of acontract for construction, alteration orrepair. Cf. MacEvoy Co. v. UnitedStates, 322 U.S. 102, 1089 (1944). A per-son who undertakes to perform a por-tion of a contract involving the fur-nishing of supplies or materials will be

considered a subcontractor underthis part and section 107 if the work inquestion involves the performance ofconstruction work and is to be per-formed: (1) Directly on or near the con-struction site, or (2) by the employerfor the specific project on a customizedbasis. Thus, a supplier of materialswhich will become an integral part ofthe construction is a subcontractorif the supplier fabricates or assembles

the goods or materials in question spe-cifically for the construction projectand the work involved may be said tobe construction activity. If the goodsor materials in question are ordinarilysold to other customers from regularinventory, the supplier is not a sub-contractor. Generally, the furnishingof prestressed concrete beams andprestressed structural steel would beconsidered manufacturing; therefore a

supplier of such materials would not beconsidered a subcontractor. An ex-ample of material supplied for thespecific project on a customized basisas that phrase is used in this sectionwould be ventilating ducts, fabricatedin a shop away from the constructionjob site and specifically cut for theproject according to design specifica-tions. On the other hand, if a con-tractor buys standard size nails from a

foundry, the foundry would not be acovered subcontractor. Ordinarily acontract for the supplying of construc-tion equipment to a contractor wouldnot, in and of itself, be considered asubcontractor for purposes of thispart.

1926.14 Federal contract for mixedtypes of performance.

(a) It is the intent of the Congress to

provide safety and health protection of


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Federal, federally financed, or feder-ally assisted construction. See, for ex-ample, H. Report No. 91241, 91st Cong.,

first session, p. 1 (1969). Thus, it is clearthat when a Federal contract calls formixed types of performance, such asboth manufacturing and construction,section 107 would apply to the con-struction. By its express terms, section107 applies to a contract which is forconstruction, alteration, and/or re-pair.Such a contract is not requiredto be exclusively for such services. Theapplication of the section is not lim-

ited to contracts which permit an over-all characterization as constructioncontracts. The text of section 107 isnot so limited.

(b) When the mixed types of perform-ances include both construction andmanufacturing, see also 1926.15(b) con-cerning the relationship between theWalsh-Healey Public Contracts Act andsection 107.

1926.15 Relationship to the ServiceContract Act; Walsh-Healey PublicContracts Act.

(a) A contract for construction isone for nonpersonal service. See, e.g.,41 CFR 11.208. Section 2(e) of the Serv-ice Contract Act of 1965 requires as acondition of every Federal contract(and bid specification therefor) exceed-ing $2,500, the principal purpose ofwhich is to furnish services to the

United States through the use ofservice employees,that certain safe-ty and health standards be met. See 29CFR part 1925, which contains the De-partment rules concerning these stand-ards. Section 7 of the Service ContractAct provides that the Act shall notapply to any contract of the UnitedStates or District of Columbia for con-struction, alteration, and/or repair, in-cluding painting and decorating of pub-

lic buildings or public works. It isclear from the legislative history ofsection 107 that no gaps in coverage be-tween the two statutes are intended.

(b) The Walsh-Healey Public Con-tracts Act requires that contracts en-tered into by any Federal agency forthe manufacture or furnishing of mate-rials, supplies, articles, and equipmentin any amount exceeding $10,000 mustcontain, among other provisions, a re-

quirement that no part of such con-

tract will be performed nor will any ofthe materials, supplies, articles orequipment to be manufactured or fur-

nished under said contract be manufac-tured or fabricated in any plants, fac-tories, buildings, or surroundings orunder working conditions which areunsanitary or hazardous or dangerousto the health and safety of employeesengaged in the performance of saidcontract. The rules of the Secretaryconcerning these standards are pub-lished in 41 CFR part 50204, and ex-press the Secretary of Labors interpre-tation and application of section 1(e) ofthe Walsh-Healey Public Contracts Actto certain particular working condi-tions. None of the described workingconditions are intended to deal withconstruction activities, although suchactivities may conceivably be a part ofa contract which is subject to theWalsh-Healey Public Contracts Act.Nevertheless, such activities remainsubject to the general statutory dutyprescribed by section 1(e). Section103(b) of the Contract Work Hours andSafety Standards Act provides, amongother things, that the Act shall notapply to any work required to be donein accordance with the provisions ofthe Walsh-Healey Public ContractsAct.

1926.16 Rules of construction.

(a) The prime contractor and anysubcontractors may make their ownarrangements with respect to obliga-tions which might be more appro-priately treated on a jobsite basis rath-er than individually. Thus, for exam-ple, the prime contractor and his sub-contractors may wish to make an ex-press agreement that the prime con-tractor or one of the subcontractorswill provide all required first-aid or

toilet facilities, thus relieving the sub-contractors from the actual, but notany legal, responsibility (or, as thecase may be, relieving the other sub-contractors from this responsibility).In no case shall the prime contractorbe relieved of overall responsibility forcompliance with the requirements ofthis part for all work to be performedunder the contract.

(b) By contracting for full perform-

ance of a contract subject to section


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107 of the Act, the prime contractor as-sumes all obligations prescribed as em-ployer obligations under the standards

contained in this part, whether or nothe subcontracts any part of the work.

(c) To the extent that a subcon-tractor of any tier agrees to performany part of the contract, he also as-sumes responsibility for complyingwith the standards in this part with re-spect to that part. Thus, the primecontractor assumes the entire responsi-bility under the contract and the sub-contractor assumes responsibility with

respect to his portion of the work.With respect to subcontracted work,the prime contractor and any subcon-tractor or subcontractors shall bedeemed to have joint responsibility.

(d) Where joint responsibility exists,both the prime contractor and his sub-contractor or subcontractors, regard-less of tier, shall be considered subjectto the enforcement provisions of theAct.

Subpart CGeneral Safety andHealth Provisions

AUTHORITY: Sec. 107, Contract Work Hoursand Safety Standards Act (40 U.S.C. 333);secs. 4, 6, and 8, Occupational Safety andHealth Act of 1970 (29 U.S.C. 653, 655, 657);Secretary of Labors Order No. 1271 (36 FR8754), 876 (41 FR 25059), 983 (48 FR 35736), or696 (62 FR 111), as applicable; and 29 CFR

part 1911.

1926.20 General safety and healthprovisions.

(a) Contractor requirements. (1) Sec-tion 107 of the Act requires that itshall be a condition of each contractwhich is entered into under legislationsubject to Reorganization Plan Number14 of 1950 (64 Stat. 1267), as defined in 1926.12,and is for construction, alter-

ation, and/or repair, including paintingand decorating, that no contractor orsubcontractor for any part of the con-tract work shall require any laborer ormechanic employed in the performanceof the contract to work in sur-roundings or under working conditionswhich are unsanitary, hazardous, ordangerous to his health or safety.

(b) Accident prevention responsibilities.(1) It shall be the responsibility of the

employer to initiate and maintain such

programs as may be necessary to com-ply with this part.

(2) Such programs shall provide for

frequent and regular inspections of thejob sites, materials, and equipment tobe made by competent persons des-ignated by the employers.

(3) The use of any machinery, tool,material, or equipment which is not incompliance with any applicable re-quirement of this part is prohibited.Such machine, tool, material, or equip-ment shall either be identified as un-

safe by tagging or locking the controlsto render them inoperable or shall bephysically removed from its place ofoperation.

(4) The employer shall permit onlythose employees qualified by trainingor experience to operate equipment andmachinery.

(c) The standards contained in thispart shall apply with respect to em-ployments performed in a workplace ina State, the District of Columbia, theCommonwealth of Puerto Rico, theVirgin Islands, American Samoa,Guam, Trust Territory of the PacificIslands, Wake Island, Outer Conti-nental Shelf lands defined in the OuterContinental Shelf Lands Act, JohnstonIsland, and the Canal Zone.

(d) (1) If a particular standard is spe-cifically applicable to a condition,

practice, means, method, operation, orprocess, it shall prevail over any dif-ferent general standard which mightotherwise be applicable to the samecondition, practice, means, method, op-eration, or process.

(2) On the other hand, any standardshall apply according to its terms toany employment and place of employ-ment in any industry, even though par-ticular standards are also prescribedfor the industry to the extent thatnone of such particular standards ap-plies.

(e) In the event a standard protectson its face a class of persons largerthan employees, the standard shall beapplicable under this part only to em-ployees and their employment andplaces of employment.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6,

1979, as amended at 58 FR 35078, June 30, 1993]


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1926.21 Safety training and edu-cation.

(a) General requirements. The Sec-retary shall, pursuant to section 107(f)of the Act, establish and supervise pro-grams for the education and training ofemployers and employees in the rec-ognition, avoidance and prevention ofunsafe conditions in employments cov-ered by the act.

(b) Employer responsibility. (1) The em-ployer should avail himself of the safe-ty and health training programs theSecretary provides.

(2) The employer shall instruct eachemployee in the recognition and avoid-ance of unsafe conditions and the regu-lations applicable to his work environ-ment to control or eliminate any haz-ards or other exposure to illness or in-jury.

(3) Employees required to handle oruse poisons, caustics, and other harm-ful substances shall be instructed re-garding the safe handling and use, and

be made aware of the potential haz-ards, personal hygiene, and personalprotective measures required.

(4) In job site areas where harmfulplants or animals are present, employ-ees who may be exposed shall be in-structed regarding the potential haz-ards, and how to avoid injury, and thefirst aid procedures to be used in theevent of injury.

(5) Employees required to handle or

use flammable liquids, gases, or toxicmaterials shall be instructed in thesafe handling and use of these mate-rials and made aware of the specific re-quirements contained in subparts D, F,and other applicable subparts of thispart.

(6)(i) All employees required to enterinto confined or enclosed spaces shallbe instructed as to the nature of thehazards involved, the necessary pre-

cautions to be taken, and in the use ofprotective and emergency equipmentrequired. The employer shall complywith any specific regulations thatapply to work in dangerous or poten-tially dangerous areas.

(ii) For purposes of paragraph (b)(6)(i)of this section, confined or enclosedspace means any space having a limitedmeans of egress, which is subject to theaccumulation of toxic or flammable

contaminants or has an oxygen defi-

cient atmosphere. Confined or enclosedspaces include, but are not limited to,storage tanks, process vessels, bins,

boilers, ventilation or exhaust ducts,sewers, underground utility vaults,tunnels, pipelines, and open top spacesmore than 4 feet in depth such as pits,tubs, vaults, and vessels.

1926.22 Recording and reporting ofinjuries. [Reserved]

1926.23 First aid and medical atten-tion.

First aid services and provisions formedical care shall be made availableby the employer for every employeecovered by these regulations. Regula-tions prescribing specific requirementsfor first aid, medical attention, andemergency facilities are contained insubpart D of this part.

1926.24 Fire protection and preven-tion.

The employer shall be responsible forthe development and maintenance ofan effective fire protection and preven-tion program at the job site through-out all phases of the construction, re-pair, alteration, or demolition work.The employer shall ensure the avail-ability of the fire protection and sup-pression equipment required by subpartF of this part.

1926.25 Housekeeping.(a) During the course of construction,

alteration, or repairs, form and scraplumber with protruding nails, and allother debris, shall be kept cleared fromwork areas, passageways, and stairs, inand around buildings or other struc-tures.

(b) Combustible scrap and debrisshall be removed at regular intervalsduring the course of construction. Safe

means shall be provided to facilitatesuch removal.

(c) Containers shall be provided forthe collection and separation of waste,trash, oily and used rags, and otherrefuse. Containers used for garbage andother oily, flammable, or hazardouswastes, such as caustics, acids, harmfuldusts, etc. shall be equipped with cov-ers. Garbage and other waste shall bedisposed of at frequent and regular in-

tervals.


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1926.26 Illumination.

Construction areas, aisles, stairs,

ramps, runways, corridors, offices,shops, and storage areas where work isin progress shall be lighted with eithernatural or artificial illumination. Theminimum illumination requirementsfor work areas are contained in subpartD of this part.

1926.27 Sanitation.

Health and sanitation requirementsfor drinking water are contained in

subpart D of this part.

1926.28 Personal protective equip-ment.

(a) The employer is responsible forrequiring the wearing of appropriatepersonal protective equipment in alloperations where there is an exposureto hazardous conditions or where thispart indicates the need for using suchequipment to reduce the hazards to the

employees.(b) Regulations governing the use, se-

lection, and maintenance of personalprotective and lifesaving equipmentare described under subpart E of thispart.

1926.29 Acceptable certifications.

(a) Pressure vessels. Current and validcertification by an insurance companyor regulatory authority shall be

deemed as acceptable evidence of safeinstallation, inspection, and testing ofpressure vessels provided by the em-ployer.

(b) Boilers. Boilers provided by theemployer shall be deemed to be in com-pliance with the requirements of thispart when evidence of current and validcertification by an insurance companyor regulatory authority attesting tothe safe installation, inspection, and

testing is presented.(c) Other requirements. Regulations

prescribing specific requirements forother types of pressure vessels andsimilar equipment are contained insubparts F and O of this part.

1926.30 Shipbuilding and ship repair-ing.

(a) General. Shipbuilding, ship repair-ing, alterations, and maintenance per-

formed on ships under Government

contract, except naval ship construc-tion, is work subject to the Act.

(b) Applicable safety and health stand-

ards. For the purpose of work carriedout under this section, the safety andhealth regulations in part 1915 of thistitle, Shipyard Employment, shallapply.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6,1979, as amended at 61 FR 9249, Mar. 7, 1996]

1926.31 Incorporation by reference.

(a) The standards of agencies of the

U.S. Government, and organizationswhich are not agencies of the U.S. Gov-ernment which are incorporated by ref-erence in this part, have the same forceand effect as other standards in thispart. Only the mandatory provisions(i.e., provisions containing the wordshall or other mandatory language)of standards incorporated by referenceare adopted as standards under the Oc-cupational Safety and Health Act. The

locations where these standards maybe examined are as follows:

(1) Offices of the Occupational Safetyand Health Administration, U.S. De-partment of Labor, Frances PerkinsBuilding, Washington, DC 20210.

(2) The Regional and Field Offices ofthe Occupational Safety and HealthAdministration, which are listed in theU.S. Government Manual.

(b) Any changes in the specifications,standards and codes incorporated byreference in this part and an officialhistoric file of such changes are avail-able at the offices referred to in para-graph (a) of this section. All questionsas to the applicability of such changesshould also be referred to these offices.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6,1979, as amended at 61 FR 9249, Mar. 7, 1996;63 FR 33468, June 18, 1998]

1926.32 Definitions.

The following definitions shall applyin the application of the regulations inthis part:

(a) Act means section 107 of the Con-tract Work Hours and Safety Stand-ards Act, commonly known as the Con-struction Safety Act (86 Stat. 96; 40U.S.C. 333).

(b) ANSI means American National

Standards Institute.


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(c) Approved means sanctioned, en-dorsed, accredited, certified, or accept-ed as satisfactory by a duly constituted

and nationally recognized authority oragency.

(d) Authorized person means a personapproved or assigned by the employerto perform a specific type of duty orduties or to be at a specific location orlocations at the jobsite.

(e) Administration means the Occupa-tional Safety and Health Administra-tion.

(f) Competent person means one who iscapable of identifying existing and pre-dictable hazards in the surroundings orworking conditions which are unsani-tary, hazardous, or dangerous to em-ployees, and who has authorization totake prompt corrective measures toeliminate them.

(g) Construction work. For purposes ofthis section, Construction work meanswork for construction, alteration, and/

or repair, including painting and deco-rating.

(h) Defect means any characteristicor condition which tends to weaken orreduce the strength of the tool, object,or structure of which it is a part.

(i) Designated person means author-ized personas defined in paragraph (d)of this section.

(j) Employee means every laborer or

mechanic under the Act regardless ofthe contractual relationship whichmay be alleged to exist between the la-borer and mechanic and the contractoror subcontractor who engaged him.Laborer and mechanic are not de-fined in the Act, but the identicalterms are used in the Davis-Bacon Act(40 U.S.C. 276a), which provides formini

Osha 1926 Construction

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