Subpart Z
Yes. Under 1926.1109 construction employers must follow the same beta‑Naphthylamine requirements set out in 29 CFR 1910.1003 because 1926.1109 makes the construction requirements identical to that provision. See 1926.1109.
Read the rule for construction exposure to beta‑Naphthylamine at 29 CFR 1926.1109, which explicitly states the construction requirements are identical to 29 CFR 1910.1003.
The rule covers construction activities where workers can be exposed to beta‑Naphthylamine; employers performing construction tasks involving this chemical must comply with the requirements in 29 CFR 1910.1003 as adopted by 1926.1109.
If the remediation work is construction‑type work that involves beta‑Naphthylamine, the construction rule applies and the contractor must follow 29 CFR 1910.1003 as adopted by 1926.1109. OSHA has explained that the nature of the activity—not just the company type—can determine when a construction standard applies; see the asbestos interpretation explaining that remediation activities involving asbestos‑containing materials can fall under the construction asbestos standard at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 (useful for understanding how activity-based coverage is determined).
No. Under 1926.1109 the construction requirements for beta‑Naphthylamine are identical to 29 CFR 1910.1003; the section does not add separate or different obligations beyond that standard. See 1926.1109.
Follow the written‑program and compliance elements specified in 29 CFR 1910.1003 because 1926.1109 adopts those provisions for construction work. A construction employer should explicitly reference 1926.1109 in its program to show the construction applicability.
Employers in States with OSHA‑approved State Plans must follow that State's requirements, which must be at least as effective as Federal OSHA; when federal construction coverage mirrors 29 CFR 1910.1003 via 1926.1109, a State Plan may adopt identical or more stringent provisions. See the discussion of State Plans in OSHA interpretive guidance such as https://www.osha.gov/laws-regs/standardinterpretations/2024-08-01 for how State Plan differences can affect compliance expectations.
OSHA enforces the construction regulations at the federal or State Plan level that applies to the worksite; for construction sites the employer must comply with 1926.1109 and the adopted 29 CFR 1910.1003. If the site is in a State with its own OSHA program, that State's OSHA will enforce its standards, which must be at least as protective as federal rules.
Yes. Employers can use the compliance tools, procedures, and training materials developed for 29 CFR 1910.1003 because 1926.1109 makes the construction requirements identical to that standard; just ensure materials reference the construction applicability under 1926.1109 where appropriate.
No. Section 1926.1109 does not restate separate limits or measures; it directs construction employers to the identical requirements in 29 CFR 1910.1003, so any exposure limits, medical surveillance, labeling, or control measures are found in that referenced standard. See 1926.1109.
For official clarification, contact OSHA regional enforcement or the Directorate of Enforcement Programs and reference 1926.1109 and 29 CFR 1910.1003; OSHA has provided written interpretations on scope and coverage in similar contexts (for example, see the asbestos interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 for guidance about how activity determines which construction standards apply).