Ethylene oxide requirements

Yes. Employers performing construction work covered by 1926.1147 must follow the ethylene oxide provisions set forth in 1910.1047 because 1926.1147 states the requirements applicable to construction are identical to those in 1910.1047.

The detailed requirements for ethylene oxide exposure controls and employer duties are contained in 1910.1047, which you must apply for construction activities because 1926.1147 makes the construction requirements identical to 1910.1047.

No. 1926.1147 explicitly says the requirements applicable to construction work are identical to those in 1910.1047, so employers must implement the same substantive protections as set out in 1910.1047.

Any construction activity that involves ethylene oxide is covered and must comply with the requirements in 1910.1047 because 1926.1147 makes the construction requirements identical to that general industry standard. Activities with a construction character (for example, installation, maintenance, repair, renovation, demolition) that involve ethylene oxide must be treated under this construction provision.

No — coverage depends on the nature of the work, not the employer's usual industry label, and if the work is construction-type and involves ethylene oxide you must follow the requirements in 1910.1047 as applied through 1926.1147. OSHA has explained in other contexts (for example, asbestos remediation) that the construction standard applies when the activity is construction-type rather than the employer's sector, see the asbestos interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14.

Inspectors will apply the ethylene oxide requirements found in 1910.1047 to construction worksites because 1926.1147 makes the construction requirements identical to that section; citations for noncompliance with ethylene oxide protections will therefore reference the provisions in 1910.1047.

Not automatically. Employers cannot assume OSHA accepts alternative methods or consensus standards in place of OSHA requirements unless the OSHA standard or enforcement policy explicitly allows it; OSHA has stated it does not automatically adopt alternative definitions or methods from consensus standards, see the lockout/tagout interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-10-21. For ethylene oxide on construction sites you must comply with the requirements in 1910.1047 as applied by 1926.1147 unless OSHA or your State Plan provides specific alternate guidance.

State Plans must be at least as effective as Federal OSHA, but they may adopt more stringent or different requirements, so employers in a State Plan jurisdiction should follow the State's rules where applicable; see the general State Plan discussion in OSHA guidance cited in other interpretations such as https://www.osha.gov/laws-regs/standardinterpretations/2024-08-01 and apply 1910.1047 through 1926.1147.

It depends on the personnel and activity: military personnel and uniquely military operations are generally excluded from OSHA coverage, but civilian employees and contractors working on comparable operations are covered and must follow applicable OSHA rules; see OSHA's discussion of military coverage at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16 and apply 1910.1047 as required by 1926.1147 when the civilian work is covered by OSHA.

First, treat the situation as requiring compliance with the ethylene oxide provisions in 1910.1047 because 1926.1147 makes the construction requirements identical; then follow the program elements and protections specified in 1910.1047 (such as evaluating exposures, establishing controls, and providing training and medical surveillance as required by that section).

The official construction standard and its administrative history are available at 1926.1147, which notes the construction requirements are identical to 1910.1047 and includes the Federal Register citations showing the rulemaking history.