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OSHA 1926.58

COVID-19 construction requirements

11 Questions & Answers
10 Interpretations

Questions & Answers

Under 1926.58, are construction employers required to follow the same COVID-19 rules as 29 CFR 1910.501 Subpart U?

Yes. Under 1926.58, the COVID-19 requirements that apply to construction work are identical to those in 29 CFR 1910.501 Subpart U, so construction employers must follow the same Subpart U provisions as stated in 1926.58.

Under 1926.58, where should a construction employer look to find the detailed COVID-19 requirements they must follow?

Look to the Subpart U requirements in 29 CFR 1910.501 because 1926.58 states that construction requirements are identical to Subpart U; read Subpart U for the full text of the rules that apply to construction work under 1926.58.

Under 1926.58, does this section create any COVID-19 requirements that differ from the text of 29 CFR 1910.501?

No. 1926.58 explicitly makes the construction COVID-19 requirements identical to 29 CFR 1910.501 Subpart U, so it does not create different or additional COVID-19 requirements beyond those in Subpart U.

Under 1926.58, does an employer in the construction industry still need to follow OSHA recordkeeping rules for COVID-19 cases?

Yes, employers must continue to follow OSHA’s general recordkeeping requirements in 29 CFR part 1904, but OSHA has stated it will not enforce certain COVID‑19 recordkeeping and reporting requirements from the withdrawn Healthcare ETS (29 CFR 1910.502) while that enforcement stay is in effect; see the OSHA memorandum at COVID-19 recordkeeping enforcement stay (Feb. 5, 2025) and note that 1926.58 directs construction employers to Subpart U at 29 CFR 1910.501.

Under 1926.58, does OSHA still enforce the COVID-19 reporting and COVID log requirements adopted under the Healthcare ETS?

OSHA has announced it will not enforce those specific COVID-19 recordkeeping and reporting requirements from the Healthcare ETS (29 CFR 1910.502) while the enforcement stay is in effect; see the OSHA memorandum COVID-19 recordkeeping enforcement stay (Feb. 5, 2025). Employers should still follow applicable recordkeeping obligations in [29 CFR part 1904] and comply with the COVID-19 controls that apply under 1926.58 via 29 CFR 1910.501.

Under 1926.58, if an employer has overlapping OSHA standards (for example, respiratory protection), which rules apply for COVID-19 controls?

You must follow all applicable OSHA standards; for COVID-19 controls 1926.58 points you to 29 CFR 1910.501 Subpart U, and other standards (for example, respiratory protection under [29 CFR 1910.134]) still apply where relevant—OSHA interpretations addressing respiratory issues (see the oxygen-deficient atmospheres letter) explain how those other standards operate alongside subject-specific rules; consult 1926.58 and the applicable standards such as 29 CFR 1910.134 as needed.

Under 1926.58, do construction employers in State-plan states follow the federal Subpart U text or the State plan requirements?

Construction employers in OSHA‑approved State‑plan states must follow their State plan’s COVID-19 requirements if the State plan has equal or more stringent rules; 1926.58 references the federal Subpart U (29 CFR 1910.501), but State plans can adopt different or more protective requirements—check your State plan for specific obligations and enforcement policies.

Under 1926.58, where did OSHA publish the action that made construction requirements identical to Subpart U and when?

OSHA published that the construction requirements under 1926.58 are identical to Subpart U in the Federal Register action noted at [86 FR 61555, November 5, 2021], and the 1926.58 page itself links to the corresponding Subpart U provisions at 29 CFR 1910.501.

Under 1926.58, if an employer needs inspection or enforcement guidance for COVID-19 in construction, is the prior OSHA direction DIR 2021-02 still in effect?

No; the OSHA memorandum on the recordkeeping enforcement stay explains that the OSHA Direction [DIR 2021-02 (CPL 02)], which guided inspections under the ETS, expired on June 28, 2022 and will be archived; see COVID-19 recordkeeping enforcement stay (Feb. 5, 2025) and follow the requirements in 1926.58 by consulting 29 CFR 1910.501 and current OSHA enforcement guidance.

Under 1926.58, if a construction employer has questions about how the COVID-19 construction rule applies on a specific jobsite, what is the practical first step?

First, identify the Subpart U provisions that fit your situation by reviewing 29 CFR 1910.501 Subpart U because 1926.58 makes the construction requirements identical to Subpart U; if you still need clarification, consult your OSHA regional office or your State plan office and document the decision process and the specific Subpart U provisions you relied on.

Under 1926.58, must construction employers change existing safety programs because of the 1926.58 linkage to 1910.501?

Only if the Subpart U requirements in 29 CFR 1910.501 require changes beyond your current program—1926.58 adopts Subpart U for construction, so employers should compare their existing COVID-19 policies to Subpart U and update written programs, training, and controls where Subpart U requires different or additional measures.