Subpart B
The purpose of this subpart is to set out the Secretary of Labor’s general rules for interpreting and applying the construction safety and health provisions of section 107 of the Contract Work Hours and Safety Standards Act. See 1926.10(a) and the broader Part 1926 construction standards for context.
This subpart covers contracts entered under legislation subject to Reorganization Plan Number 14 of 1950 that are for construction, alteration, or repair, including painting and decorating. The text of 1926.10(a) explicitly lists construction, alteration, and repair (including painting and decorating) as covered activities.
Under 1926.10(a), laborers and mechanics employed in the performance of the covered contract are protected from being required to work in unsanitary, hazardous, or dangerous conditions. The provision states that “no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic…to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous,” as determined by applicable construction safety standards (1926.10(a)).
Whether conditions are “unsanitary, hazardous, or dangerous” is determined by the construction safety and health standards promulgated by the Secretary of Labor. In other words, the operative criteria are the applicable OSHA construction standards and regulations rather than subjective judgments (1926.10(a)).
Yes — 1926.10(a) applies to both contractors and subcontractors: neither may require any laborer or mechanic working on the contract to work in unsanitary, hazardous, or dangerous conditions as defined by the construction standards. See 1926.10(a).
No — this subpart interprets and applies statutory requirements but does not itself create new obligations beyond OSHA’s standards and regulations; letters of interpretation also explain requirements but do not establish new rules. See 1926.10(a) and OSHA’s statement that letters of interpretation explain requirements rather than create new ones in the OSHA sanitation standards applicability letter of interpretation.
Yes — if remediation work involves asbestos-containing building material, the work is covered by OSHA’s construction asbestos standard, not the general industry asbestos standard. OSHA clarified this point in its Asbestos remediation protocols letter of interpretation, and the coverage falls under OSHA’s construction rules within Part 1926.
OSHA will enforce sanitation or safety standards unless another federal agency exercises statutory authority to prescribe or enforce occupational safety and health standards for that activity; preemption is limited to areas where the other agency has that statutory authority. OSHA explained this principle and applied it to railroad work in its sanitation standards applicability letter of interpretation, and the general scope framework is found at 1926.10(a).
Yes — when the work on private residences constitutes construction, alteration, or repair under a covered contract, OSHA’s construction standards apply; this is particularly important for hazards like asbestos, which OSHA has said may be encountered in residential buildings and covered by the construction asbestos standard (1926.10(a) and the Asbestos remediation protocols LOI).
The subpart describes the scope and interpretive role but does not prescribe specific protective equipment or procedures; employers must follow the particular OSHA standards that set those requirements (for example, respirator rules under the asbestos construction standard or PPE rules discussed in OSHA guidance). See 1926.10(a) and OSHA’s PPE hazard assessment letter of interpretation which explains where hazard assessments and PPE selection requirements come from.
No — employers cannot bypass OSHA construction standards simply because prior projects seemed similar; whether a standard applies depends on the specific work, hazards, and statutory coverage of the contract. For example, OSHA has advised that remediation work involving asbestos is covered by the construction asbestos standard even if the employer is not a typical construction company (Asbestos remediation protocols LOI) and the general coverage framework is in 1926.10(a).
Yes — painting and decorating are explicitly listed as included activities within the scope of construction, alteration, and repair covered by this subpart. See the wording of 1926.10(a).
Employers should determine which set of OSHA standards governs based on the nature of the work and statutory coverage; specific hazards may be addressed by construction or general industry standards, and OSHA has issued letters explaining which standard applies in particular circumstances (for example, asbestos work in remediation is covered by the construction asbestos standard). See 1926.10(a) and the Asbestos remediation protocols LOI.
No — OSHA letters of interpretation explain how OSHA interprets and enforces standards but do not themselves change or add to the legal requirements of the subpart. OSHA explicitly notes that letters explain requirements rather than create new obligations (see the sanitation standards applicability LOI) and the scope is set in 1926.10(a).
No — while 1926.10(a) defines the subpart’s scope, protection choices (including reliance on PPE) must follow the applicable OSHA standards and hazard-assessment requirements; OSHA’s PPE interpretation explains employers must assess hazards and provide appropriate PPE, including written certification when PPE is required under the cited PPE rules (PPE hazard assessment LOI). See also 1926.10(a) for the scope context.
The applicable construction standards and regulations determine required protections; for asbestos in construction work OSHA directs employers to the construction asbestos standard (29 CFR 1926.1101) as explained in the Asbestos remediation protocols LOI, and the scope for construction rules is found at 1926.10(a).
Yes — 1926.10(a) makes clear that neither contractors nor subcontractors may require laborers or mechanics employed on the contract to work in unsanitary, hazardous, or dangerous conditions, meaning safety obligations on a covered contract extend to subcontractor activities as well. See 1926.10(a).
Yes — OSHA can enforce its standards where another federal agency has not promulgated occupational safety or sanitation regulations for that specific matter; OSHA explained this outcome with respect to railroad workers and sanitation in its sanitation standards applicability LOI. See 1926.10(a) for the subpart’s scope.