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OSHA 1926.20

General safety requirements

Subpart C

19 Questions & Answers
10 Interpretations

Questions & Answers

Under 1926.20(a)(1), what must a contractor or subcontractor do about unsafe, unsanitary, or hazardous working conditions?

Under 1926.20(a)(1), a contractor or subcontractor must not require any laborer or mechanic to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to health or safety.

  • Employers who enter into construction, alteration, or repair contracts must ensure work areas and tasks are kept safe and sanitary.
  • This duty applies to both contractors and subcontractors engaged in the contract work.

Requirement in 1926.20(a)(1).

Under 1926.20(b)(1), who is responsible for initiating and maintaining an accident prevention program on a construction site?

Under 1926.20(b)(1), the employer is responsible for initiating and maintaining any programs necessary to comply with the construction safety standards.

  • This means the employer must create, implement, and upkeep written or practical programs (e.g., safety plans, inspection schedules, training) needed to keep the jobsite in compliance.

Responsibility in 1926.20(b)(1).

Under 1926.20(b)(2), what must inspection programs include and who must perform them?

Under 1926.20(b)(2), inspection programs must provide for frequent and regular inspections of job sites, materials, and equipment to be made by competent persons designated by the employer.

  • Inspections should be scheduled and frequent enough to identify hazardous conditions promptly.
  • Employers must designate and document who the "competent persons" are and ensure they have the authority and knowledge to find and correct hazards.

Inspection requirement in 1926.20(b)(2).

Under 1926.20(b)(3), what must an employer do when machinery, tools, materials, or equipment are unsafe or non-compliant?

Under 1926.20(b)(3), the employer must prohibit the use of any machinery, tool, material, or equipment that does not comply with applicable requirements by either tagging or locking the controls to render them inoperable or by physically removing them from operation.

  • Tagging or locking should clearly identify the item as unsafe and prevent operation.
  • If practical, remove the unsafe item from the work area until it is repaired or replaced.

Action in 1926.20(b)(3).

Under 1926.20(b)(4), who may operate equipment and machinery on a construction site?

Under 1926.20(b)(4), only employees qualified by training or experience may operate equipment and machinery.

  • Qualification can be based on documented training, demonstrated hands-on experience, or a combination of both.
  • Employers should keep records of who is qualified for which equipment and ensure unqualified employees do not operate it.

Qualification requirement in 1926.20(b)(4).

Under 1926.20(c), where do the construction safety standards in Part 1926 apply?

Under 1926.20(c), the construction safety standards in Part 1926 apply to employments performed in the States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, Wake Island, Outer Continental Shelf lands (as defined in the Outer Continental Shelf Lands Act), and Johnston Island.

  • If you work in any of these jurisdictions, Part 1926 requirements apply to construction activities there.

Geographic scope in 1926.20(c).

Under 1926.20(d)(1), which standard controls when a particular and a general standard both apply to the same condition or operation?

Under 1926.20(d)(1), when a particular standard specifically applies to a condition, practice, means, method, operation, or process, that particular standard prevails over any different general standard that might also apply.

  • In practice, follow the specific standard that addresses your exact operation; use the general standard only where no specific one applies.

Precedence rule in 1926.20(d)(1).

Under 1926.20(d)(2), can a standard for one industry apply to work in construction if no particular standard for construction covers it?

Under 1926.20(d)(2), yes—any standard shall apply according to its terms to any employment and place of employment in any industry, including construction, to the extent that none of the particular construction standards applies.

  • This means a general industry or other standard can still apply to construction work if no specific construction standard covers that hazard or task.

Applicability rule in 1926.20(d)(2).

Under 1926.20(e), do OSHA standards that on their face protect the public or a class larger than employees apply to non-employees on a construction site?

Under 1926.20(e), if a standard appears to protect a class larger than employees, it applies under Part 1926 only to employees and their employment and places of employment.

  • That means Part 1926 protections are focused on employees; other individuals (e.g., the general public) are not covered by these provisions under this Part.

Limitation in 1926.20(e).

Under 1926.20(f)(1), does OSHA treat failure to provide required personal protective equipment (PPE) to each employee as separate violations?

Under 1926.20(f)(1), yes—standards requiring employers to provide PPE impose a separate compliance duty with respect to each employee; each failure to provide PPE to an employee may be considered a separate violation.

  • Employers must provide every employee required to use PPE with the appropriate equipment.
  • For guidance on conducting hazard assessments before selecting PPE, see OSHA's interpretation on PPE hazard assessments at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

PPE duty in 1926.20(f)(1).

Under 1926.20(f)(2), does OSHA require employers to train each employee individually, and can each failure be cited separately?

Under 1926.20(f)(2), yes—training requirements impose a separate compliance duty for each covered employee, and each failure to train an employee as required may be considered a separate violation.

  • Employers must train every affected employee in the manner required by the applicable standard.
  • If a specific standard prescribes the training content or frequency, the employer must follow that standard.

Training duty in 1926.20(f)(2).

Under 1926.20(b) and related subsections, what are the practical elements an employer should include in an accident prevention program on a construction site?

Under 1926.20(b) and its subsections, an effective accident prevention program should include frequent, regular inspections by competent persons; procedures to tag, lock, or remove unsafe tools and equipment; qualification requirements for equipment operators; PPE assignment and enforcement; and employee training.

  • Designate competent persons to inspect job sites, materials, and equipment regularly (1926.20(b)(2)).
  • Identify and take unsafe machinery or tools out of service by tagging/locking or removing them (1926.20(b)(3)).
  • Permit only qualified employees to operate machinery (1926.20(b)(4)).
  • Provide PPE and training to each affected employee and treat failures as separate violations (1926.20(f)(1) and (f)(2)).

General duties in 1926.20(b).

Based on OSHA's PPE hazard assessment letter of interpretation (March 28, 2024), must employers perform a hazard assessment and provide written certification before requiring PPE on a job?

Yes—OSHA's March 28, 2024 letter explains that employers must assess the workplace to determine if hazards are present that require PPE, and where PPE will be required the employer must provide a written certification of the hazard assessment.

  • The letter references 29 CFR 1910.132(d)(1) which requires employers to assess the workplace and 1910.132(d)(2) for written certification when PPE is required.
  • Employers should use the assessment to determine if controls other than PPE are feasible and to select appropriate PPE.

OSHA PPE hazard assessment interpretation (Mar. 28, 2024).

Under 1926.20(a)(1), do the contractor safety obligations extend to subcontractors on the same contract?

Under 1926.20(a)(1), yes—the contractor requirement applies to any contractor or subcontractor for any part of the contract work; subcontractors cannot require employees to work in unsanitary, hazardous, or dangerous conditions.

  • Prime contractors should ensure subcontractors follow applicable safety requirements and should coordinate safety where multiple parties work together.

Contractor obligation in 1926.20(a)(1).

Does OSHA's May 14, 2024 letter of interpretation about sanitation explain whether OSHA sanitation rules apply to railroad track employees working along tracks?

Yes—OSHA's May 14, 2024 letter states that OSHA sanitation requirements do apply to railroad track employees and roadway maintenance groups working along tracks if the Federal Railroad Administration has not promulgated sanitation regulations covering those working conditions.

  • Employers must provide sanitation facilities in accordance with either 29 CFR 1910.141 or 29 CFR 1926.51 depending on the nature of the work.

OSHA sanitation interpretation (May 14, 2024).

According to OSHA's November 14, 2024 asbestos remediation interpretation, which asbestos standard covers property remediation work in residential homes?

According to OSHA's November 14, 2024 letter, remediation activities in residential properties that involve asbestos-containing building materials are covered by the construction asbestos standard, 29 CFR 1926.1101, not the general industry asbestos standard.

  • Property remediation and cleanup that disturbs asbestos in homes built before 1980 commonly fall under the construction standard.

Asbestos remediation interpretation (Nov. 14, 2024).

Under 1926.20(f) and OSHA's Jan 4, 2024 asbestos respirator interpretation, what respiratory protection is required for Class I asbestos work when exposures exceed 1 f/cc?

Per OSHA's January 4, 2024 interpretation (and consistent with the asbestos construction standard), when Class I asbestos work exposures exceed 1 fiber/cc as an 8-hour TWA, employers must provide full facepiece supplied-air respirators (SARs) operated in pressure-demand mode and equipped with an auxiliary positive-pressure self-contained breathing apparatus (SCBA).

  • When exposures are at or below 1 f/cc, employers must provide either tight-fitting PAPRs or full facepiece SARs with HEPA egress cartridges or an SCBA backup unless there is a negative exposure assessment.

OSHA respirator interpretation (Jan. 4, 2024).

Under 1926.20(b)(3), what practical steps should a site supervisor take immediately after finding an unsafe tool or piece of equipment?

Under 1926.20(b)(3), a site supervisor should immediately prohibit use of the unsafe tool by tagging or locking its controls to render it inoperable or by physically removing it from service until repaired or replaced.

  • Record the unsafe condition, notify the competent person and the employer, and prevent access until the hazard is corrected.

Action required in 1926.20(b)(3).

Under 1926.20(f)(2), does the standard specify how often employers must retrain employees, or do other standards determine retraining frequency?

Under 1926.20(f)(2), the standard establishes the employer's duty to train each affected employee but does not set a specific retraining frequency; the timing and frequency of refresher training are set by the particular standard that requires the training or by the employer's program.

  • For example, OSHA guidance about CPR retraining notes that some standards require training while others do not mandate specific retraining intervals (see OSHA's CPR retraining interpretation, Feb. 23, 2023).

Training duty in 1926.20(f)(2)
OSHA CPR retraining interpretation (Feb. 23, 2023).