Construction work applicability

Under 1910.12(a), the standards in part 1926 apply whenever an employee is engaged in construction work and to the employer’s place of employment for that employee. The rule says the standards prescribed in part 1926 are adopted as OSHA standards and “shall apply, according to the provisions thereof, to every employment and place of employment of every employee engaged in construction work” (1910.12(a)).

• Practical takeaway: If your workers are doing construction, alteration, or repair activities, you must follow the applicable part 1926 requirements for those jobs, regardless of whether your company is primarily a construction contractor.

Under 1910.12(b), "construction work" includes work for construction, alteration, and/or repair, and explicitly includes painting and decorating. The regulation defines Construction work as "work for construction, alteration, and/or repair, including painting and decorating" (1910.12(b)).

• Practical takeaway: Tasks commonly thought of as construction — building, remodeling, repairing, and even painting/decorating — bring the worker and employer under the part 1926 construction standards.

No. Under 1910.12(c), subparts A and B of part 1926 are not incorporated as OSHA standards for construction work; those subparts are relevant only to the Contract Work Hours and Safety Standards Act (the Construction Safety Act). The text explains that this section adopts the substantive rules of part 1926 but does not incorporate subparts A and B, which relate to the Construction Safety Act and contractual coverage (1910.12(c)).

• Practical takeaway: Employers must follow the substantive construction standards in part 1926, but the special procedures and definitions in 1926 subparts A and B tied to the Construction Safety Act do not become part of OSHA’s adopted standards under 1910.12.

No. Under 1910.12(c), the term "subcontractor" as used in 1926.13(c) is relevant to the Construction Safety Act but has no controlling effect on OSHA's application of the Act to employers. The section explains that while the interpretation of "subcontractor" in 1926.13(c) helps determine coverage under the Construction Safety Act, the OSH Act establishes duties for employers that do not depend on contractual relationships with the federal government (1910.12(c)).

• Practical takeaway: Whether someone is called a "subcontractor" in a contract does not change an employer’s obligations under OSHA; if your employees do construction work, applicable part 1926 requirements apply to those employees regardless of contractual labels.

Yes. Under 1910.12(d), erection of new electric transmission and distribution lines and equipment, and alteration, conversion, and improvement of existing transmission and distribution lines and equipment, are included in the definition of "construction work." The paragraph explicitly adds these activities to construction work for purposes of part 1910 (1910.12(d)).

• Practical takeaway: Employers and workers performing installation, alteration, or major repair of transmission and distribution lines must follow the applicable part 1926 construction standards for those activities.

Yes. Under 1910.12 and the discussion in 1926.13, part 1926 applies to any employer and place of employment where employees are engaged in construction, alteration, or repair work — regardless of the company's primary business. Section 1910.12 adopts part 1926 standards for "every employment and place of employment of every employee engaged in construction work" (1910.12(a)), and 1926.13 discusses the meaning of those construction terms (1926.13).

• Practical takeaway: A maintenance, remediation, or facility services company that performs construction-style tasks (repair, alteration, renovation, or painting) must comply with the applicable part 1926 requirements for those tasks.

When remediation work involves asbestos-containing building materials (ACBM), OSHA’s construction asbestos standard [29 CFR 1926.1101] applies, even for residential buildings. OSHA’s November 14, 2024 letter of interpretation explains that remediation activities involving ACBM are covered by the construction asbestos standard, not the general industry asbestos standard (see the asbestos LOI: https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14). This is consistent with the definition of construction work in 1910.12(b).

• Practical takeaway: If your remediation or restoration work disturbs ACBM in homes or similar structures, follow 1926.1101 requirements as described in the OSHA interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14.

Under 1910.12(a), an employer must protect employees engaged in construction work by complying with the appropriate standards in part 1926. The section requires that "Each employer shall protect the employment and places of employment of each of his employees engaged in construction work by complying with the appropriate standards prescribed in this paragraph" (1910.12(a)).

• Practical takeaway: Employers must identify which part 1926 construction standards apply to the tasks their workers perform and implement those safety measures (training, PPE, fall protection, etc.) at the worksite.

Yes. Under 1910.12(b), painting and decorating are explicitly included in the definition of construction work, so painting or decorating performed as part of construction, alteration, or repair brings the activity under part 1926 construction standards (1910.12(b)). For further discussion on how construction terms are used, see 1926.13.

• Practical takeaway: Contractors and employers performing painting or decorating in remodeling, repair, or new construction must follow the applicable 1926 requirements (for example, fall protection, lead/asbestos controls if materials are disturbed, etc.).

No. Under 1910.12(c), the OSH Act establishes duties for employers that do not depend on any contractual relationship with the federal government or on federal financial assistance. The section explains that while subparts A and B of part 1926 relate to the Construction Safety Act (which is contract-based), the Act under which OSHA operates sets duties for employers broadly, independent of contracts (1910.12(c)).

• Practical takeaway: Employers must follow OSHA requirements based on workplace activities, not based on whether they have a federal contract.

Under 1910.12 and the guidance in 1926.13, you determine whether the task is construction by assessing whether the work involves construction, alteration, or repair activities — not merely the employer’s trade. The regulatory text in 1910.12(b) states those activities (including painting and decorating) are "construction work," and 1926.13 provides further discussion of these terms.

• Practical takeaway: Ask whether the work is building, modifying, fixing, or improving structures/systems (construction/alteration/repair). If yes, apply the relevant part 1926 construction standards rather than general industry rules.

Under 1910.12, part 1926 rules apply to the worker whenever the worker is engaged in activities that meet the definition of construction work (construction, alteration, or repair, including painting and decorating). The standard adopts part 1926 standards for "every employment and place of employment of every employee engaged in construction work" (1910.12(a)).

• Practical takeaway: If an employee’s job includes occasional repair or renovation that qualifies as construction work, the employer must apply the applicable part 1926 requirements for those periods/tasks.

OSHA treats remediation firms that disturb asbestos-containing building materials (ACBM) as subject to the construction asbestos standard [29 CFR 1926.1101], even if the firm is not primarily a construction contractor. The November 14, 2024 letter of interpretation states remediation activities involving ACBM are covered by the construction asbestos standard rather than the general industry standard (see https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14), consistent with 1910.12(b).

• Practical takeaway: Companies in restoration, remediation, or similar trades must follow 1926.1101 asbestos requirements when their work disturbs ACBM, even in residential settings.

Under 1910.12 and the explanatory material in 1926.13, the employer must determine which specific part 1926 subparts and provisions apply based on the nature of the construction, alteration, or repair activities being performed. Section 1910.12 adopts the substantive construction standards, and 1926.13 discusses the relevant terms to help make that determination.

• Practical takeaway: Conduct a task-level hazard analysis: identify the construction tasks and then apply the matching part 1926 standards (e.g., fall protection, scaffolding, excavation) that address those hazards.

Adoption of part 1926 by 1910.12 makes the construction-specific standards in part 1926 the applicable OSHA requirements for employees engaged in construction work; however, 1910 general industry standards continue to apply where they are relevant and not superseded by 1926 provisions. Section 1910.12(a) adopts part 1926 standards for construction work (1910.12(a)).

• Practical takeaway: For construction activities, use part 1926 as the primary source for construction-specific hazards; apply part 1910 provisions where they address hazards not covered by 1926 or where the 1926 standard refers back to 1910.