Subpart Z
The standard covers 13 specific carcinogens used or encountered in construction, and the detailed requirements for construction work are identical to those set forth in 1910.1003. See 1926.1103 for the construction-level citation and note that it points you to 1910.1003 for the specific compliance obligations.
The employer must follow the compliance duties in 1910.1003, because 1926.1103 makes the construction requirements identical to that general industry provision. In practice, read and implement the provisions in 1910.1003 when you are doing construction activities involving any of the 13 carcinogens.
If the work is construction-type remediation, the construction standard 1926.1103 applies and its requirements are identical to 1910.1003. OSHA has previously explained that remediation or repair activities that involve hazardous building materials are covered by the construction standards for those hazards (see the asbestos interpretation discussing 29 CFR 1926.1101 vs 1910.1001), so apply the construction rule when the activity is construction/remediation in nature.
State-plan states can enforce their own OSHA-approved standards and may have more stringent requirements, so you must follow the applicable state plan if you work in one; the federal 1926.1103 statement does not override a state plan's additional rules. OSHA interpretation letters routinely remind employers that States with OSHA-approved plans can have different enforcement or interpretations (see, for example, discussions of State plans in other OSHA letters such as the rim-wheel servicing interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-08-01).
Yes; OSHA letters of interpretation can clarify how standards apply to particular situations but they are agency interpretations and do not create new obligations beyond the standards themselves. When you need nuance about how a rule applies on a specific job, consult the applicable standard (1926.1103 and 1910.1003) and relevant OSHA interpretation letters such as the asbestos remediation interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 for examples of how OSHA applies construction vs. general industry rules.
Construction activities are governed by 1926.1103 (with requirements identical to 1910.1003), while true non-construction (general industry) activities would be governed directly by 1910.1003. For mixed operations, apply the construction provision to tasks that are construction in nature and the general industry provision to non-construction tasks—consult the text of both 1926.1103 and 1910.1003 to determine which set of duties applies to each activity.
No; the employer is responsible for determining which OSHA standards apply and for ensuring compliance; 1926.1103 points to 1910.1003 for the substantive duties, and OSHA interpretation letters consistently emphasize that employer obligations under a standard cannot be sidestepped—letters of interpretation explain application but do not relieve employers of duties (see OSHA interpretation examples such as https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14).
For a formal interpretation, contact OSHA’s Directorate of Enforcement Programs or your regional OSHA office and reference 1926.1103 and 1910.1003; OSHA has issued formal interpretation letters on related issues (see examples at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14) that can guide how the agency views specific scenarios.
The rule text for 1926.1103 references and relies on 1910.1003 for substantive requirements; OSHA may issue interpretation letters or update enforcement guidance over time, but those letters clarify rather than change the standards (see OSHA letters such as https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 for examples). Always follow the current regulatory text in 1910.1003 and any applicable State-plan rules.