Inspections right of entry

Yes — under 1926.3(a) the Secretary of Labor or any authorized representative has a right of entry to any site of contract performance that is subject to section 107 of the Contract Work Hours and Safety Standards Act.

• The right of entry is a condition of each contract that is subject to section 107 of that Act, so contractors performing work under such contracts must permit entry for inspection.
• This authority is spelled out directly in 1926.3(a).

OSHA may inspect or investigate compliance with the safety and health standards contained in Subpart C of Part 1926 and the following subparts.

• The text of 1926.3(a)(1) states that the right of entry covers inspections or investigations related to those construction safety and health standards.
• Practically, that means inspectors can check whether employers are following the construction standards in Subpart C (and the subparts that come after it) at contract performance sites.

OSHA may enter to carry out the Secretary's duties under section 107(b) of the Contract Work Hours and Safety Standards Act.

• 1926.3(a)(2) expressly authorizes entry for that purpose.
• Section 107(b) duties are the statutory responsibilities tied to enforcement, investigation, and related actions under the Contract Work Hours and Safety Standards Act; the regulation makes entry for those duties a condition of covered contracts.

The regulation makes the right of entry a condition of each covered contract, so the contract must reflect that the Secretary or an authorized representative has entry rights.

• 1926.3(a) states it "shall be a condition of each contract" subject to section 107 that the Secretary or authorized representative shall have a right of entry, which means the contractual relationship is required to permit such entry.
• In practice, federal contracts subject to the Contract Work Hours and Safety Standards Act incorporate or acknowledge this condition so OSHA can inspect performance sites.

Yes — 1926.3(b) allows the Secretary to use the services, personnel, and facilities of any State or Federal agency by agreement, with or without reimbursement.

• Agreements may provide for either reimbursed or unreimbursed services; the regulation explicitly permits both.
• The regulation also requires that agreements with States be similar to those used under the Walsh-Healey Public Contracts Act (per the language in 1926.3(b)).

An "authorized representative" is anyone designated by the Secretary of Labor to act on the Secretary's behalf and exercise the entry authority described in the regulation.

• The phrase "Secretary of Labor or any authorized representative" in 1926.3(a) means the Secretary may designate inspectors or other representatives to enter covered contract sites.
• Under 1926.3(b), those authorized representatives may include personnel from State or Federal agencies when there is an agreement to use their services.

Yes — if the work on a private residence is performed under a contract that is subject to section 107 of the Contract Work Hours and Safety Standards Act, then 1926.3(a) gives the Secretary or an authorized representative a right of entry to that site.

• In addition, OSHA has clarified that asbestos remediation work involving asbestos-containing building materials (ACBM) is covered by the construction asbestos standard, 29 CFR 1926.1101, even when performed in residential settings, which means inspectors can evaluate compliance with the construction asbestos requirements on such jobs; see OSHA's interpretation "Asbestos remediation protocols" at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14.
• Put simply: when remediation constitutes construction work under a covered contract (including asbestos work covered by 1926.1101), OSHA's entry authority under 1926.3(a) can apply.

The specific right of entry in 1926.3(a)(1) is aimed at inspecting compliance with the safety and health standards contained in Subpart C of Part 1926 and the following subparts.

• That language focuses the 1926.3 entry authority on construction standards in Part 1926; however, OSHA enforces other applicable standards (such as sanitation) where appropriate under its broader statutory authority and other regulations.
• For example, OSHA has explained that sanitation requirements apply to certain roadway and track jobs when other federal agencies do not have preemptive authority; see the OSHA interpretation "OSHA sanitation standards applicability" at https://www.osha.gov/laws-regs/standardinterpretations/2024-05-14 for how OSHA applies sanitation standards when other agencies lack authority.

Yes — 1926.3(b) authorizes the Secretary to use, by agreement, the services and personnel of any State agency to carry out investigative duties, so OSHA can rely on a State agency to perform inspections for covered contract sites when an agreement exists.

• Agreements with States may provide for similar arrangements as under the Walsh-Healey Public Contracts Act, as stated in 1926.3(b).
• The agreement can specify reimbursement terms or allow services without reimbursement, since 1926.3(b) permits either option.

The regulation itself makes entry a condition of contracts subject to section 107, meaning the contract authorizes the Secretary or an authorized representative to enter for the purposes listed in 1926.3(a).

• 1926.3(a) establishes entry rights as a contractual condition for covered contracts, so the contract grants authority for inspections described in the regulation.
• The regulation does not discuss judicial warrants; it establishes the right of entry as a condition of covered federal contracts.

Yes — if the subcontract worksite is part of the performance of a contract that is subject to section 107 of the Contract Work Hours and Safety Standards Act, the Secretary or an authorized representative has a right of entry under 1926.3(a).

• The regulation applies to "any site of contract performance," which includes locations where prime contractors or subcontractors are performing work under a covered contract.
• Inspectors can therefore evaluate compliance with the construction standards covered by 1926.3(a)(1) at subcontractor work areas that are part of the contract performance.

Yes — where asbestos work falls within the construction scope, OSHA may inspect for compliance with the asbestos-in-construction standard during a covered contract inspection.

• 1926.3(a)(1) authorizes inspection of compliance with Subpart C and following subparts of Part 1926, and asbestos in construction is regulated at 29 CFR 1926.1101.
• OSHA has clarified that remediation activities involving asbestos-containing building material (ACBM) are covered by the construction asbestos standard, even in residential settings; see the interpretation "Asbestos remediation protocols" at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14.

Yes — 1926.3(b) requires that agreements with States under this section be similar to those provided for under the Walsh-Healey Public Contracts Act (specifically 41 CFR Part 50-205).

• That means OSHA's cooperative agreements with States for investigative assistance should follow the same structure and terms used in those Walsh-Healey agreements, as described in 1926.3(b).
• The regulation also permits the use of State services with or without reimbursement, giving flexibility in how cooperative inspections are arranged.

OSHA's authority to inspect does not automatically extend into areas that are preempted by another federal agency's statutory authority; applicability depends on whether the other agency has authority over the specific working conditions.

• While 1926.3(a) grants entry to inspect compliance with construction standards, OSHA has explained in an interpretation that when another federal agency (such as the Federal Railroad Administration) has statutory authority to prescribe or enforce particular working-condition standards, OSHA may be preempted for those issues under section 4(b)(1) of the OSH Act; see the OSHA interpretation "OSHA sanitation standards applicability" at https://www.osha.gov/laws-regs/standardinterpretations/2024-05-14.
• Practically, OSHA will enforce construction standards at covered contract sites, but where another federal agency has exclusive statutory authority over specific working conditions, OSHA's enforcement may be limited to areas not covered by that agency.

Yes — inspections under 1926.3(a)(1) may include examination of compliance with construction standards such as 29 CFR 1926.1101, which contains monitoring and respirator requirements for asbestos work.

• OSHA's asbestos interpretations make clear that employers must follow the monitoring and respirator provisions in 1926.1101 for Class I asbestos work and other asbestos activities; see the respirator selection interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04.
• Therefore, an OSHA inspection under 1926.3 can assess whether employers are performing required exposure monitoring and providing the specified respirators.

Yes — 1926.3(b) authorizes the Secretary to use the services and personnel of any State agency by agreement, which is the mechanism commonly used to coordinate inspection and enforcement with State-level OSHA plans.

• The regulation explicitly permits agreements with States and requires such agreements to be similar to those used under the Walsh-Healey Public Contracts Act, enabling coordination and resource sharing.
• Where a State has an OSHA-approved plan, these agreements allow State personnel to assist with or conduct inspections consistent with the cooperative arrangements described in 1926.3(b).

The specific entry right described in 1926.3(a) applies to sites of contract performance for contracts subject to section 107 of the Contract Work Hours and Safety Standards Act.

• OSHA has other statutory and regulatory authorities to inspect non-contract workplaces (for example, general OSHA inspection authority under the OSH Act), but that authority is distinct from the contract-based entry right described in 1926.3.
• When a site is not a site of performance of a contract covered by section 107, inspectors must rely on OSHA's other inspection authorities rather than the specific contract condition in 1926.3(a).

1926.3(b) permits the Secretary to use State services by agreement, but the regulation itself does not specify which penalty authority applies; that is determined by the terms of the agreement and the statutory framework governing the State's authority.

• Agreements under 1926.3(b) are structured to mirror Walsh-Healey agreements and will set out responsibilities, including whether the State acts as an agent of OSHA or enforces under state law.
• For details about how a particular cooperative enforcement or inspection will be carried out and which entity issues penalties, consult the specific cooperative agreement or the applicable State-plan rules; the regulation authorizes the cooperative use of State resources but leaves implementation to the agreement.