OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 1926.28

Personal protective equipment requirements

Subpart C

16 Questions & Answers
10 Interpretations

Questions & Answers

Under 1926.28(a), when must an employer require workers to wear personal protective equipment (PPE)?

An employer must require workers to wear appropriate PPE whenever employees are exposed to hazardous conditions or when the construction regulations indicate PPE is needed to reduce hazards. See 1926.28(a).

  • Make the determination based on the actual work hazards (e.g., falling objects, chemicals, airborne hazards, noise).
  • If another construction standard prescribes specific PPE for an operation, follow that standard in addition to the general requirement in 1926.28(a).

Under 1926.28(b), where can I find the detailed rules on how to select, use, and maintain PPE on construction sites?

The detailed rules for selection, use, and maintenance of personal protective and lifesaving equipment in construction are set out in Subpart E of 29 CFR part 1926. See 1926.28(b) and the general part 1926 for links to applicable subparts.

  • Use Subpart E provisions to choose appropriate items (for example, hard hats, eye protection, fall protection) and to learn required inspection and maintenance practices.
  • Where a specific construction standard prescribes PPE, follow that standard as well as Subpart E.

Under 1926.28(a), who is responsible for selecting the right PPE for a job on a construction site?

The employer is responsible for requiring and ensuring the use of appropriate PPE and for making decisions about what PPE is necessary based on workplace hazards. See 1926.28(a).

  • Employers should base PPE selection on a hazard assessment and on any specific PPE requirements in the construction standards (Subpart E and other applicable sections).
  • OSHA guidance reinforces that employers must assess the workplace to determine hazards before selecting PPE and should document the assessment when PPE is required (see OSHA letter on PPE hazard assessment (Mar. 28, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28).

Under 1926.28(a), do visitors, subcontractors, and other non-employees on a construction site have to wear PPE when hazards are present?

Yes. Anyone on a construction site who is exposed to hazardous conditions must wear the appropriate PPE required by the employer and the applicable standards. See 1926.28(a).

  • The employer controlling the site must ensure that employees, subcontractors, visitors, and other persons follow PPE requirements.
  • When multiple employers work at the same site, each employer must make sure their employees comply and should coordinate PPE requirements with other employers on site.

Under 1926.28(a), must employers perform a hazard assessment before deciding what PPE to require?

Yes. Employers must assess the workplace to determine whether hazards are present that require PPE and use that assessment to select appropriate protection. See 1926.28(a) and OSHA's interpretation on PPE hazard assessments (Mar. 28, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

  • OSHA's interpretation advises employers to perform an initial survey (hazard assessment) and further analysis as needed and to use available guidance such as OSHA's Recommended Practices and Appendix B to 29 CFR 1910 Subpart I for hazard assessment methods.
  • If PPE is required, employers should create a written certification of the hazard assessment where applicable (see the OSHA interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28).

Under 1926.28(a), can an employer rely only on PPE instead of using engineering or administrative controls?

No. Employers should not rely solely on PPE when hazards can be reduced by higher-level controls; PPE is one element of hazard control after considering engineering and administrative options. See 1926.28(a) and OSHA's PPE hazard assessment interpretation (Mar. 28, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

  • The OSHA interpretation emphasizes applying the hierarchy of controls: prefer elimination, substitution, or engineering controls, then administrative controls, and use PPE when those controls do not adequately reduce risk.
  • Document why PPE is necessary after evaluating other feasible controls during the hazard assessment.

Under 1926.28 and applicable asbestos rules, what PPE and respiratory protection apply when asbestos-containing materials are being disturbed during construction work?

Work that disturbs asbestos-containing building materials during construction is covered by OSHA's construction asbestos standard, and employers must provide the PPE and respiratory protection required by that standard. See 1926.28(a) and OSHA's asbestos remediation interpretation (Nov. 14, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14.

  • OSHA explained that removal or disturbance of asbestos-containing building materials in remediation work is governed by 29 CFR 1926.1101, not the general industry asbestos rule.
  • For respirator details in Class I asbestos work, see OSHA's respirator selection interpretation (Jan. 4, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04, which requires, for example, full facepiece supplied-air respirators (SARs) with pressure-demand mode and an auxiliary SCBA when exposures exceed 1 f/cc as an 8-hour TWA.

Under 1926.28(a) and the asbestos respirator interpretation, what respirator must be used for Class I asbestos work when exposures exceed 1 f/cc (8‑hour TWA)?

When Class I asbestos work exposures exceed 1 f/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). See OSHA's respirator selection interpretation for Class I asbestos work (Jan. 4, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04 and follow the asbestos construction standard at 1926.28(a).

  • If exposures are at or below 1 f/cc (8-hour TWA) and there is not a negative exposure assessment, employers must provide either tight‑fitting PAPRs or full facepiece SARs with appropriate egress protection (see the Jan. 4, 2024 interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04).

Under 1926.28(a), if an employer obtains a negative exposure assessment (NEA) for a job, can the employer select a lower level of respiratory protection?

Yes, if an employer demonstrates (through a valid negative exposure assessment) that exposures will be below the permissible exposure limits, the employer may select respirators listed in Table 1 of 29 CFR 1910.134, subject to the asbestos standard's additional restrictions. See OSHA's respirator selection interpretation (Jan. 4, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04 and the general PPE requirement in 1926.28(a).

  • However, even with an NEA, employers must not use filtering facepiece respirators for asbestos and must use HEPA filtration in powered and non‑powered air‑purifying respirators per 1926.1101 and the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04.
  • Perform representative sampling and follow the asbestos standard's monitoring and recordkeeping requirements before reducing protection levels.

Under 1926.28(a), who must perform and document a PPE hazard assessment when PPE is required on a construction job?

The employer must perform a workplace hazard assessment to determine whether PPE is needed and should document the assessment when PPE will be required. See 1926.28(a) and OSHA's PPE hazard assessment interpretation (Mar. 28, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

  • OSHA's interpretation explains that an initial survey and analysis should be completed by a competent person familiar with the work and hazards.
  • The written certification should identify the workplace evaluated, the person who performed the evaluation, the date(s) of the assessment, and that the assessment identified the PPE required (see https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28).

Under 1926.28(b), what responsibilities does an employer have for PPE maintenance and inspection on a construction site?

Employers must ensure PPE is properly maintained and inspected according to the selection and maintenance rules described in Subpart E, and must remove damaged or defective PPE from service. See 1926.28(b) and the general 1926 listing of applicable subparts.

  • Follow the specific inspection and maintenance schedules in the Subpart E standards and manufacturer instructions.
  • Keep records or logs as needed to show regular inspection, cleaning, repair, or replacement when required by the applicable Subpart E provisions.

Under 1926.28(a), how should employers coordinate PPE requirements when multiple contractors work on the same construction site?

Each employer at a multi‑employer site is responsible for protecting its own employees and must coordinate with other employers to ensure everyone meets PPE requirements when hazards are present. See 1926.28(a) and OSHA's PPE hazard assessment guidance (Mar. 28, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

  • Share hazard assessment results, PPE rules, and site-specific protocols among prime contractors and subcontractors.
  • Ensure consistent enforcement so PPE requirements are applied uniformly to all personnel exposed to the same hazards.

Under 1926.28(a), does OSHA accept non‑traditional hearing devices such as noise‑canceling headphones as acceptable hearing protection?

OSHA permits the use of hearing protection devices if they provide sufficient attenuation to reduce exposure to an acceptable level and are part of an effective hearing conservation program; acceptance depends on demonstrated performance, not brand name. See OSHA's letter on noise‑canceling headphones (Mar. 6, 2023): https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06 and the general PPE duty in 1926.28(a).

  • Employers must ensure the selected device reduces a worker's noise exposure to at or below the required TWA (typically 85 dBA under hearing conservation programs) and must provide training and fit/selection when indicated (see https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06).
  • Use the device's Noise Reduction Rating (NRR) and workplace measurements to verify adequacy; provide devices at no cost when required by specific hearing standards referenced in OSHA guidance.

Under 1926.28(a), must workers be trained on the correct use of PPE and who is responsible for that training?

Yes. Employers must ensure workers are trained to properly use, wear, inspect, and maintain required PPE; the employer is responsible for providing that training. See 1926.28(a) and the OSHA PPE hazard assessment interpretation (Mar. 28, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

  • Training should cover when PPE is necessary, what PPE is necessary, how to properly don/doff and adjust it, limitations of the PPE, and how to inspect and care for it.
  • Retraining should occur when tasks or equipment change or when the employer observes improperly used PPE (see https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28 for guidance references).

Under 1926.28(a), are employers required to follow the respiratory protection provisions in other OSHA standards when a specific construction standard applies (for example, asbestos)?

Yes. When a specific construction standard (such as the asbestos in construction standard) applies to an operation, employers must follow that standard's PPE and respiratory protection requirements in addition to the general PPE duty in 1926.28(a). See OSHA's asbestos remediation interpretation (Nov. 14, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 and the respirator selection interpretation (Jan. 4, 2024): https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04.

  • For example, asbestos removal activities are subject to 29 CFR 1926.1101 and its specific PPE and respirator requirements rather than general industry rules.
  • Always follow the most specific standard applicable to the hazard and operation.

Under 1926.28(b), what should an employer do if a worker reports that supplied PPE is damaged or not functioning properly?

An employer must promptly remove damaged or defective PPE from service and replace or repair it so workers have effective protection; requirements for inspection and maintenance are described in Subpart E. See 1926.28(b).

  • Establish and enforce procedures for employees to report damaged PPE and for supervisors to take immediate corrective action.
  • Keep records of inspections and repairs as required by the specific Subpart E provisions that govern the type of PPE.