Definitions for construction standards

Under 1926.32(d) an "authorized person" is a person the employer has approved or assigned to do a specific duty or to be in a specific location on the jobsite. Employers use this definition to limit who may perform particular tasks or access restricted areas; see 1926.32(d). This definition is distinct from "competent person" or "qualified" and is based on employer assignment rather than a required credential or specific hazard-recognition ability.

Under 1926.32(f) a "competent person" is someone who can identify existing and predictable hazards in the surroundings or working conditions and who is authorized to take prompt corrective measures to eliminate them. Employers must designate workers who both recognize hazards and have authority to correct them; see 1926.32(f). For related guidance on employer hazard assessments and who should perform them, see OSHA's PPE hazard assessment interpretation, which explains employers must assess hazards and document assessments when PPE is required.

Under 1926.32(m) a "qualified" person is someone who, by a recognized degree, certificate, or professional standing, or by extensive knowledge, training, and experience, has demonstrated the ability to solve problems related to the subject matter, the work, or the project. This differs from a "competent person" in 1926.32(f), who must identify hazards and be authorized to take corrective action; see 1926.32(m) and 1926.32(f). For practical employer responsibilities about assessing hazards and selecting PPE (an activity often performed by a qualified person), see OSHA's PPE hazard assessment interpretation.

Under 1926.32(g) "construction work" means work for construction, alteration, and/or repair, and it explicitly includes painting and decorating. Employers and workers on any of these activities are covered by the construction standards; see 1926.32(g). For example, asbestos remediation performed during repair or demolition of buildings is covered by the construction asbestos standard, as explained in OSHA's Asbestos remediation protocols interpretation, which clarifies that remediation work involving asbestos-containing materials in buildings generally falls under 29 CFR 1926.1101.

Under 1926.32(j) an "employee" means every laborer or mechanic covered by the Act, regardless of the contractual relationship alleged to exist between the worker and the contractor or subcontractor who engaged them. In short, workers doing labor or skilled trades are employees for purposes of the construction standards; see 1926.32(j). The preamble to this definition also notes the terms "laborer" and "mechanic" are interpreted consistently with related statutes (like the Davis-Bacon Act) where "laborer" generally refers to manual workers and "mechanic" to skilled tradespeople.

Under 1926.32(k) an "employer" means a contractor or subcontractor within the meaning of the Act and this part. This means companies that contract to perform construction, alteration, or repair work are employers covered by the construction standards; see 1926.32(k). OSHA enforcement and guidance (for example on sanitation or other requirements) will apply to the employer responsible for the work activity; see OSHA's sanitation standards applicability interpretation for how OSHA determines coverage when other federal agencies regulate related activities.

Under 1926.32(l) a "hazardous substance" is a substance that, because it is explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful, is likely to cause death or injury. Employers must treat such materials as hazards and control exposures accordingly; see 1926.32(l). For examples and application—such as asbestos—OSHA's Asbestos remediation protocols interpretation explains asbestos-containing materials encountered during construction or remediation are regulated under the construction asbestos standard, 29 CFR 1926.1101.

Under 1926.32(h) a "defect" means any characteristic or condition that tends to weaken or reduce the strength of the tool, object, or structure of which it is a part. Employers and competent persons must identify defects and remove or repair defective equipment to prevent failures; see 1926.32(h). This aligns with the role of the competent person in promptly correcting hazardous conditions as described in 1926.32(f).

Under 1926.32(n) a "safety factor" is the ratio of the ultimate breaking strength of a member or piece of material or equipment to the actual working stress or safe load when in use. Employers and designers use safety factors to specify margins of strength when selecting equipment, rigging, or structural members; see 1926.32(n). Using appropriate safety factors helps ensure loads remain well below the material's breaking strength during normal use.

Under 1926.32(q) "shall" means mandatory, and under 1926.32(r) "should" means recommended. When a construction standard uses "shall," compliance is required; when it uses "should," the language conveys a recommendation rather than an absolute duty; see 1926.32(q) and 1926.32(r). Employers must follow mandatory requirements and are encouraged to follow recommendations to improve safety and reduce risk.

Under 1926.32(s) "suitable" means that something fits and has the qualities or qualifications to meet a given purpose, condition, or function. When a standard calls for "suitable" equipment or clothing, the employer must provide items that are appropriate and effective for the specific hazard or task; see 1926.32(s). For example, when respirators are required for asbestos-related work, OSHA's respirator selection for asbestos work interpretation explains what types of respirators are suitable for different exposure levels under the asbestos construction standard.

Under 1926.32(c) "approved" means sanctioned, endorsed, accredited, certified, or accepted as satisfactory by a duly constituted and nationally recognized authority or agency. Approval can come from national standards organizations, certification bodies, or regulatory agencies recognized for the subject matter; see 1926.32(c). For example, employers may rely on recognized standards like ANSI for equipment design or certification when a regulation requires "approved" gear; see 1926.32(b) which defines ANSI.

Under 1926.32(i) the term "designated person" means the same as the "authorized person" defined in 1926.32(d). In other words, a "designated person" is a person the employer has approved or assigned for a specific duty or location on the jobsite; see 1926.32(i) and 1926.32(d). Employers may use either term in policies, but both point to employer assignment rather than a formal certification requirement.

Under 1926.32(b) "ANSI" means the American National Standards Institute, and under 1926.32(p) "SAE" means the Society of Automotive Engineers. These organizations develop voluntary consensus standards that OSHA often references as recognized technical guidelines when a regulation cites or relies on national standards; see 1926.32(b) and 1926.32(p). Employers commonly use ANSI or SAE standards to demonstrate that equipment or procedures meet recognized safety practices.

Under 1926.32(a) the term "Act" refers to section 107 of the Contract Work Hours and Safety Standards Act, commonly known as the Construction Safety Act (86 Stat. 96; 40 U.S.C. 333). This Act provides part of the statutory basis for many construction safety requirements; see 1926.32(a) and the overall 1926 construction part.

Under 1926.32(j) the terms "laborer" and "mechanic" are not defined in the Act itself, but the preamble explains that "laborer" generally means someone who performs manual labor or works in an occupation requiring physical strength, while "mechanic" generally means a worker skilled with tools; see 1926.32(j). This interpretive guidance draws on related statutes (for example the Davis‑Bacon Act) for how those terms are commonly used in construction law.

Under the asbestos-in-construction standard, employers may not simply rely on prior projects' data if current exposures exceed certain levels; they must perform appropriate exposure assessments and follow respirator requirements in 29 CFR 1926.1101. Specifically, for Class I asbestos work, employers must provide full facepiece supplied-air respirators (SARs) with an auxiliary positive-pressure SCBA when exposures exceed 1 f/cc as an 8-hour TWA, and may only select lower-protection respirators if they have a negative exposure assessment (NEA); see OSHA's respirator selection for asbestos work interpretation and the construction standard at 1926. Employers performing asbestos work should follow the exposure-assessment and monitoring rules in 29 CFR 1926.1101 rather than relying solely on past results.

OSHA requires employers to assess the workplace to determine if hazards are present and to provide a written certification of that assessment when PPE will be required; the assessment should be conducted by someone capable of identifying the hazards and selecting appropriate PPE. See OSHA's PPE hazard assessment interpretation and consult applicable construction definitions in 1926.32 for terms like "qualified" and "competent" who are often tasked with these assessments.

Under 1926.32(c) an "approved" standard or certification means it has been sanctioned, endorsed, accredited, certified, or accepted as satisfactory by a duly constituted and nationally recognized authority or agency—such as ANSI or SAE defined in 1926.32(b) and 1926.32(p). Employers commonly rely on these recognized bodies to demonstrate equipment or procedures meet safety expectations described in 1926.32(c).

No. Under 1926.32(f) a "competent person" must both be capable of identifying existing and predictable hazards and have authorization to take prompt corrective measures to eliminate them. Merely assigning the label without granting corrective authority does not meet the definition; see 1926.32(f). For related employer duties on hazard assessments and corrective action, see OSHA's PPE hazard assessment interpretation.

Under 1926.32(l) materials that are poisonous or otherwise harmful qualify as "hazardous substances" and must be treated as hazards when encountered; see 1926.32(l). While OSHA's inorganic arsenic standard doesn't cover arsenic-treated wood specifically, OSHA has explained that such wood is subject to the Hazard Communication Standard and employers must provide information and training about hazards—see OSHA's Arsenic-treated wood standard coverage interpretation for details on employer obligations under the HCS.