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OSHA 1925.2

Contractor safety compliance

13 Questions & Answers
5 Interpretations

Questions & Answers

Under 1925.2, who must follow the safety and health standards for federal service contracts?

Every contractor and every subcontractor working under a federal service contract must follow the standards published in 41 CFR Part 50-204 that are incorporated by reference. See 1925.2 which says every contractor and subcontractor shall comply with those standards.

Under 1925.2, what does "incorporated by reference" mean for a contractor's obligations?

It means the standards in another document become binding requirements for contractors on federal service contracts, so you must follow them as if they were printed directly in the OSHA regulation. The regulation itself states that contractors "shall comply with the safety and health standards published in 41 CFR Part 50-204, including any matters Incorporated by reference therein"; see 1925.2. If you need the full text of those requirements, consult the cited CFR references and the manufacturer or agency guidance referenced there.

Under 1925.2, do the incorporated standards apply to subcontractors the same as to prime contractors?

Yes — subcontractors are required to comply just like prime contractors. The rule explicitly states that "Every contractor and subcontractor shall comply with the safety and health standards published in 41 CFR Part 50-204," so subcontractors on federal service contracts have the same obligations as contractors under 1925.2.

Under 1925.2, if an incorporated standard requires following manufacturer instructions, must employers follow those instructions on federal contracts?

Yes — when an incorporated standard requires employer action tied to manufacturer-supplied systems or instructions, employers must operate and maintain those systems according to the manufacturer’s directions. For example, OSHA's guidance on integrated water delivery systems explains the system must be supplied and used according to the tool manufacturer’s instructions; see the interpretation on integrated water delivery systems: https://www.osha.gov/laws-regs/standardinterpretations/2019-03-04 and 1925.2.

Under 1925.2, can an employer-designed water-spray system satisfy the "integrated water delivery system" requirement for silica Table 1 controls?

No — an employer-designed system will not meet Table 1’s definition of an "integrated water delivery system." OSHA’s interpretation explains that an integrated water delivery system must be designed, developed, and supplied by the tool manufacturer and must be connected to the tool; employer-designed systems do not satisfy the Table 1 requirement (but may be used under paragraph (d) of the silica standard with additional steps). See OSHA’s letter on integrated water delivery systems at https://www.osha.gov/laws-regs/standardinterpretations/2019-03-04 which addresses Table 1 of 29 CFR 1926.1153, and consult 1925.2 for the incorporation principle.

Under 1925.2, if a task listed on Table 1 for respirable crystalline silica does not use the manufacturer’s integrated water system, are exposure assessments required?

Yes — if you do not fully and properly implement the Table 1 engineering controls (including manufacturer-supplied integrated systems), you must assess and limit employee exposures in accordance with the alternative-pathway provisions. OSHA’s interpretation states employers must either implement the Table 1 controls or perform exposure assessment and take steps under paragraph (d) of the silica standard; see https://www.osha.gov/laws-regs/standardinterpretations/2019-03-04 and remember that incorporated standards apply under 1925.2.

Under 1925.2, may an employer mix fall-arrest components (harnesses, lanyards, connectors) from different manufacturers on federal service contracts?

Yes — components from different manufacturers may be used together if they are compatible and meet the requirements of the fall protection standard, but the employer must be able to demonstrate compatibility. OSHA’s interpretation explains that interchange is common but components must meet compatibility rules in 29 CFR 1926.502(d)(5), and if a manufacturer says its products are only compatible with its own components, the employer must still demonstrate compatibility before use; see OSHA’s fall protection equipment compatibility letter at https://www.osha.gov/laws-regs/standardinterpretations/2012-10-23 and the incorporation requirement at 1925.2.

Under 1925.2, how do state OSHA plans affect compliance with the incorporated standards on federal contracts?

If a state has an OSHA-approved state plan, and that plan has requirements that are more stringent than the federal standards, employers in that state must follow the state plan’s rules where applicable. OSHA’s fall protection compatibility interpretation notes that state plans (for example California) may have more stringent requirements that employers must follow in that state; see https://www.osha.gov/laws-regs/standardinterpretations/2012-10-23 along with the federal incorporation requirement in 1925.2.

Under 1925.2, does the edge of an empty residential swimming pool require fall protection?

Yes — the edge of a completed but empty pool is an unprotected side or edge, and conventional fall protection is required when the fall distance meets the threshold (for example 6 feet or more) under the fall protection rules. OSHA’s interpretation on pool edges concludes that such pool edges are unprotected walking/working surfaces subject to the fall protection requirements; see https://www.osha.gov/laws-regs/standardinterpretations/1998-06-08-0 and consider the incorporation principle in 1925.2.

Under 1925.2, are construction sites always required to provide handwashing facilities per 29 CFR 1926.51(f)?

Not always — OSHA clarified that paragraphs 1926.51(f)(2) through (f)(4) apply only to permanent places of employment, and the general-scope statement limiting those provisions applies; temporary construction sites may be treated differently. See the OSHA memorandum on the application of washing facility requirements at https://www.osha.gov/laws-regs/standardinterpretations/1994-02-10-0 and review the incorporation requirement in 1925.2 to determine which provisions apply to a particular federal contract site.

Under 1925.2, are cantilever-type personnel hoists required to meet the same base fence enclosure height called out for other hoists?

No — cantilever-type personnel hoists are excluded from the specific enclosure-height requirement in 29 CFR 1926.552(c)(1), and OSHA has found that certain lower heights (for example a base fence height shown at 8 feet, 2 inches in the referenced case) may still provide adequate protection for cantilever hoists. See OSHA’s interpretation about cantilever hoist enclosure height at https://www.osha.gov/laws-regs/standardinterpretations/1981-02-13-0 and the incorporation statement in 1925.2.

Under 1925.2, what should a contractor do if a practice it wants to use conflicts with an incorporated standard?

The contractor must follow the incorporated standard unless an authorized variance, exception, or an alternative allowed in that standard applies; contractors on federal service contracts are required to comply with the standards in 41 CFR Part 50-204 as incorporated by 1925.2. If the incorporated standard permits alternatives or requires demonstrations (for example compatibility demonstrations for fall-protection components), follow the process and document the basis for the alternative — see OSHA’s fall protection compatibility interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2012-10-23 for an example of when documentation and demonstration are required.

Under 1925.2, where can contractors find practical guidance that explains how to meet specific incorporated requirements (for example controlling silica dust)?

Consult the incorporated standard text and OSHA guidance documents and letters of interpretation that explain how the rules are applied; for respirable crystalline silica controls, OSHA’s interpretation about integrated water delivery systems and OSHA’s Small Entity Compliance Guide give practical direction. See the interpretation on integrated water delivery systems at https://www.osha.gov/laws-regs/standardinterpretations/2019-03-04 and remember that the obligation to follow the incorporated standards is set out in 1925.2.