Interpretation of statutory terms

Under 1926.13(c) a "subcontractor" is a person who agrees to perform any part of the labor or material requirements of a construction, alteration, or repair contract. This definition is explicitly stated in 1926.13(c) and is supported by case law cited in the rule (see MacEvoy Co. v. United States). Employers and contractors should treat anyone who performs a portion of the contract work—labor or material—as a subcontractor when that work involves construction activity.

A supplier is considered a "subcontractor" under 1926.13(c)(1) when the work (furnishing supplies or materials that involve performance of construction work) is performed directly on or near the construction site. In plain terms, if the supplier’s work occurs at or immediately adjacent to the jobsite and involves construction tasks, the supplier meets the subcontractor definition.

A supplier will be a "subcontractor" under 1926.13(c)(2) when the employer fabricates or assembles goods or materials away from the jobsite specifically for that project on a customized basis. For example, ventilating ducts fabricated in a shop and cut to the project’s design specifications are treated as subcontractor work because the materials were customized for the specific construction project.

A supplier is generally NOT a "subcontractor" under 1926.13(c)(2) when the goods or materials are ordinarily sold from regular inventory to many customers rather than fabricated or customized for the specific project. In other words, routine off‑the‑shelf sales from inventory typically do not make the supplier a subcontractor.

No; under 1926.13(c)(2) OSHA explains that furnishing prestressed concrete beams and prestressed structural steel is generally considered manufacturing, not subcontracting, and therefore such suppliers would not usually be treated as subcontractors. The rule distinguishes custom fabrication for a specific project from routine manufacturing for many customers.

Yes. 1926.13(a) states that the terms "construction," "alteration," and "repair" used in section 107 of the Act are also used in section 1 of the Davis‑Bacon Act and section 1 of the Miller Act, meaning those statutory terms are consistently applied across these federal statutes and have precedential value when determining coverage.

No. 1926.13(b) explains that while the Davis‑Bacon Act limits minimum wage protection to laborers and mechanics "employed directly" on the site of the work, section 107 of the OSH Act contains no comparable limitation. Section 107 requires that no contractor or subcontractor shall require any laborer or mechanic employed in the performance of the contract to work in unsanitary, hazardous, or dangerous conditions, without the Davis‑Bacon site limitation.

Under 1926.13(c)(2), the key facts are whether the supplier fabricates or assembles goods specifically for the project and whether that work can be characterized as construction activity. Factors that point to subcontractor status include customization to project specifications and fabrication performed for that specific contract. By contrast, routine inventory sales or mass manufacturing for many customers point away from subcontractor status.

Yes. Under 1926.13(c), if a supplier also performs part of the labor (for example, installation) that is part of the construction, alteration, or repair contract, that activity makes the supplier a subcontractor because they are performing part of the contract's labor requirements.

Yes. 1926.13(c) makes clear that a supplier becomes a subcontractor when the work involved is construction work—either performed on/near the site or fabricated specifically for the project—so whether the task is properly characterized as construction activity is a central consideration in the determination.

Yes. 1926.13(c)(2) specifically uses ventilating ducts fabricated in a shop and cut for the project according to design specifications as an example of material supplied "for the specific project on a customized basis," and therefore such a supplier would be considered a subcontractor.

Yes. 1926.13(a) explains that the terms "contractor" and "subcontractor" are used in the Davis‑Bacon Act, the Miller Act, the Copeland (Anti‑Kickback) Act, and the Contract Work Hours and Safety Standards Act, and these statutes apply concurrently with section 107 on many federal construction contracts.

Under 1926.13(b), the use of the same or identical terms in statutes that apply concurrently with section 107 has considerable precedential value in ascertaining the coverage of section 107. In short, how other federal statutes use these terms can inform how OSHA interprets section 107's scope and coverage.

Yes. OSHA advised that remediation activities involving asbestos‑containing building materials (ACBM) are covered by the construction asbestos standard, 29 CFR 1926.1101, not the general industry standard, when the remediation work involves ACBM. See OSHA's letter of interpretation on asbestos remediation protocols at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 for that clarification.