6.2.22 29 CFR Part 1926 Safety and Health Requirements for Construction.pdf

PART 1926—SAFETY AND HEALTH

REGULATIONS FOR CONSTRUCTION

Subpart A—General

Sec.

1926.1 Purpose and scope.

1926.2 Variances from safety and health

standards.

1926.3 Inspections—right of entry.

1926.4 Rules of practice for administrative

adjudications for enforcement of safety and health standards.

1926.5 OMB control numbers under the Pa-

perwork Reduction Act.

Subpart B—General Interpretations

1926.10 Scope of subpart.

1926.11 Coverage under section 103 of the act

distinguished.

1926.12 Reorganization Plan No. 14 of 1950.

1926.13 Interpretation of statutory terms.

1926.14 Federal contract for ‘‘mixed’’ types

of performance.

1926.15 Relationship to the Service Contract

Act; Walsh-Healey Public Contracts Act.

1926.16 Rules of construction.

Subpart C—General Safety and Health Provisions

1926.20 General safety and health provi-

sions.

1926.21 Safety training and education.

1926.22 Recording and reporting of injuries.

[Reserved]

1926.23 First aid and medical attention.

1926.24 Fire protection and prevention.

1926.25 Housekeeping.

1926.26 Illumination.

1926.27 Sanitation.

1926.28 Personal protective equipment.

1926.29 Acceptable certifications.

1926.30 Shipbuilding and ship repairing.

1926.31 Incorporation by reference.

1926.32 Definitions.

1926.33 Access to employee exposure and

medical records.

1926.34 Means of egress.

1926.35 Employee emergency action plans.

Subpart D—Occupational Health and Environmental Controls

1926.50 Medical services and first aid.

1926.51 Sanitation.

1926.52 Occupational noise exposure.

1926.53 Ionizing radiation.

1926.54 Nonionizing radiation.

1926.55 Gases, vapors, fumes, dusts, and

mists.

1926.56 Illumination.

1926.57 Ventilation.

1926.58 [Reserved]

1926.59 Hazard communication.

1926.60 Methylenedianiline.

1926.61 Retention of DOT markings, plac-

ards and labels.

1926.62 Lead.

1926.64 Process safety management of high-

ly hazardous chemicals.

1926.65 Hazardous waste operations and

emergency response.

1926.66 Criteria for design and construction

of spray booths.

Subpart E—Personal Protective and Life Saving Equipment

1926.95 Criteria for personal protective

equipment.

1926.96 Occupational foot protection.

1926.97–1926.98 [Reserved]

1926.100 Head protection.

1926.101 Hearing protection.

1926.102 Eye and face protection.

1926.103 Respiratory protection.

1926.104 Safety belts, lifelines, and lanyards.

1926.105 Safety nets.

1926.106 Working over or near water.

1926.107 Definitions applicable to this sub-

part.

Subpart F—Fire Protection and Prevention

1926.150 Fire protection.

1926.151 Fire prevention.

1926.152 Flammable and combustible liq-

uids.

1926.153 Liquefied petroleum gas (LP-Gas).

1926.154 Temporary heating devices.

1926.155 Definitions applicable to this sub-

part.

Subpart G—Signs, Signals, and Barricades

1926.200 Accident prevention signs and tags.

1926.201 Signaling.

1926.202 Barricades.

1926.203 Definitions applicable to this sub-

part.

Subpart H—Materials Handling, Storage, Use, and Disposal

1926.250 General requirements for storage.

1926.251 Rigging equipment for material

handling.

1926.252 Disposal of waste materials.

Subpart I—Tools—Hand and Power

1926.300 General requirements.

1926.301 Hand tools.

1926.302 Power-operated hand tools.

1926.303 Abrasive wheels and tools.

1926.304 Woodworking tools.

1926.305 Jacks—lever and ratchet, screw, and hydraulic.

1926.306 Air receivers.

1926.307 Mechanical power-transmission ap-

paratus.

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29 CFR Ch. XVII (7–1–07 Edition) Pt. 1926

Subpart J—Welding and Cutting

1926.350 Gas welding and cutting.

1926.351 Arc welding and cutting.

1926.352 Fire prevention.

1926.353 Ventilation and protection in weld-

ing, cutting, and heating.

1926.354 Welding, cutting, and heating in

way of preservative coatings.

Subpart K—Electrical

GENERAL

1926.400 Introduction.

1926.401 [Reserved]

INSTALLATION SAFETY REQUIREMENTS

1926.402 Applicability.

1926.403 General requirements.

1926.404 Wiring design and protection.

1926.405 Wiring methods, components, and

equipment for general use.

1926.406 Specific purpose equipment and in-

stallations.

1926.407 Hazardous (classified) locations.

1926.408 Special systems.

1926.409–1926.415 [Reserved]

SAFETY-RELATED WORK PRACTICES

1926.416 General requirements.

1926.417 Lockout and tagging of circuits.

1926.418–1926.430 [Reserved]

SAFETY-RELATED MAINTENANCE AND

ENVIRONMENTAL CONSIDERATIONS

1926.431 Maintenance of equipment.

1926.432 Environmental deterioration of

equipment.

1926.433–1926.440 [Reserved]

SAFETY REQUIREMENTS FOR SPECIAL

EQUIPMENT

1926.441 Batteries and battery charging.

1926.442–1926.448 [Reserved]

DEFINITIONS

1926.449 Definitions applicable to this sub-

part.

Subpart L—Scaffolds

1926.450 Scope, application and definitions

applicable to this subpart.

1926.451 General requirements.

1926.452 Additional requirements applicable

to specific types of scaffolds.

1926.453 Aerial lifts.

1926.454 Training requirements.

APPENDIX A TO SUBPART L—SCAFFOLD SPECI-

FICATIONS

APPENDIX B TO SUBPART L—CRITERIA FOR DE-

TERMINING THE FEASIBILITY OF PROVIDING

SAFE ACCESS AND FALL PROTECTION FOR

SCAFFOLD ERECTORS AND DISMANTLERS

[RESERVED]

APPENDIX C TO SUBPART L—LIST OF NA-

TIONAL CONSENSUS STANDARDS

APPENDIX D TO SUBPART L—LIST OF TRAINING

TOPICS FOR SCAFFOLD ERECTORS AND DIS-

MANTLERS [RESERVED]

APPENDIX E TO SUBPART L—DRAWINGS AND

ILLUSTRATIONS

Subpart M—Fall Protection

1926.500 Scope, application, and definitions

applicable to this subpart.

1926.501 Duty to have fall protection.

1926.502 Fall protection systems criteria

and practices.

1926.503 Training requirements.

APPENDIX A TO SUBPART M—DETERMINING

ROOF WIDTHS

APPENDIX B TO SUBPART M—GUARDRAIL SYS-

TEMS

APPENDIX C TO SUBPART M—PERSONAL FALL

ARREST SYSTEMS

APPENDIX D TO SUBPART M—POSITIONING DE-

VICE SYSTEMS

APPENDIX E TO SUBPART M—SAMPLE FALL

PROTECTION PLANS

Subpart N—Cranes, Derricks, Hoists, Elevators, and Conveyors

1926.550 Cranes and derricks.

1926.551 Helicopters.

1926.552 Material hoists, personnel hoists, and elevators.

1926.553 Base-mounted drum hoists.

1926.554 Overhead hoists.

1926.555 Conveyors.

Subpart O—Motor Vehicles, Mechanized Equipment, and Marine Operations

1926.600 Equipment.

1926.601 Motor vehicles.

1926.602 Material handling equipment.

1926.603 Pile driving equipment.

1926.604 Site clearing.

1926.605 Marine operations and equipment.

1926.606 Definitions applicable to this sub-

part.

Subpart P—Excavations

1926.650 Scope, application, and definitions

applicable to this subpart.

1926.651 Specific excavation requirements.

1926.652 Requirements for protective sys-

tems.

APPENDIX A TO SUBPART P—SOIL CLASSIFICA-

TION

APPENDIX B TO SUBPART P—SLOPING AND

BENCHING

APPENDIX C TO SUBPART P—TIMBER SHORING

FOR TRENCHES

APPENDIX D TO SUBPART P—ALUMINUM HY-

DRAULIC SHORING FOR TRENCHES

APPENDIX E TO SUBPART P—ALTERNATIVES TO

TIMBER SHORING

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Occupational Safety and Health Admin., Labor Pt. 1926

APPENDIX F TO SUBPART P—SELECTION OF

PROTECTIVE SYSTEMS

Subpart Q—Concrete and Masonry Construction

1926.700 Scope, application, and definitions

applicable to this subpart.

1926.701 General requirements.

1926.702 Requirements for equipment and

tools.

1926.703 Requirements for cast-in-place con-

crete.

1926.704 Requirements for precast concrete.

1926.705 Requirements for lift-slab construc-

tion operations.

1926.706 Requirements for masonry con-

struction.

APPENDIX A TO SUBPART Q—REFERENCES TO

SUBPART Q OF PART 1926

Subpart R—Steel Erection

1926.750 Scope.

1926.751 Definitions.

1926.752 Site layout, site-specific erection

plan and construction sequence.

1926.753 Hoisting and rigging.

1926.754 Structural steel assembly.

1926.755 Column anchorage.

1926.756 Beams and columns.

1926.757 Open web steel joists.

1926.758 Systems-engineered metal build-

ings.

1926.759 Falling object protection.

1926.760 Fall protection.

1926.761 Training.

APPENDIX A TO SUBPART R—GUIDELINES FOR

ESTABLISHING THE COMPONENTS OF A SITE-

SPECIFIC ERECTION PLAN: NON-MANDATORY

GUIDELINES FOR COMPLYING WITH

§ 1926.752(E)

APPENDIX B TO SUBPART R [RESERVED]

APPENDIX C TO SUBPART R—ILLUSTRATIONS

OF BRIDGING TERMINUS POINTS: NON-MAN-

DATORY GUIDELINES FOR COMPLYING WITH

§ 1926.757(A)(10) AND § 1926.757(C)(5)

APPENDIX D TO SUBPART R—ILLUSTRATION OF

THE USE OF CONTROL LINES TO DEMARCATE

CONTROLLED DECKING ZONES (CDZS): NON-

MANDATORY GUIDELINES FOR COMPLYING

WITH § 1926.760(C)(3)

APPENDIX E TO SUBPART R—TRAINING: NON-

MANDATORY GUIDELINES FOR COMPLYING

WITH § 1926.761

APPENDIX F TO SUBPART R—PERIMETER COL-

UMNS: NON-MANDATORY GUIDELINES FOR

COMPLYING WITH § 1926.756(E) TO PROTECT

THE UNPROTECTED SIDE OR EDGE OF A

WALKING/WORKING SURFACE

APPENDIX G TO SUBPART R—FALL PROTECTION

SYSTEMS CRITERIA AND PRACTICES FROM

§ 1926.502: NON-MANDATORY GUIDELINES

FOR COMPLYING WITH COMPLYING WITH

§ 1926.760(D)

APPENDIX H TO SUBPART R—DOUBLE CONNEC-

TIONS: ILLUSTRATION OF A CLIPPED END

CONNECTION AND A STAGGERED CONNEC-

TION: NON-MANDATORY GUIDELINES FOR

COMPLYING WITH COMPLYING WITH

§ 1926.756(C)(1)

Subpart S—Underground Construction, Caissons, Cofferdams and Compressed Air

1926.800 Underground construction.

1926.801 Caissons.

1926.802 Cofferdams.

1926.803 Compressed air.

1926.804 Definitions applicable to this sub-

part.

APPENDIX A TO SUBPART S—DECOMPRESSION

TABLES

Subpart T—Demolition

1926.850 Preparatory operations.

1926.851 Stairs, passageways, and ladders.

1926.852 Chutes.

1926.853 Removal of materials through floor

openings.

1926.854 Removal of walls, masonry sec-

tions, and chimneys.

1926.855 Manual removal of floors.

1926.856 Removal of walls, floors, and mate-

rial with equipment.

1926.857 Storage.

1926.858 Removal of steel construction.

1926.859 Mechanical demolition.

1926.860 Selective demolition by explosives.

Subpart U—Blasting and the Use of Explosives

1926.900 General provisions.

1926.901 Blaster qualifications.

1926.902 Surface transportation of explo-

sives.

1926.903 Underground transportation of ex-

plosives.

1926.904 Storage of explosives and blasting

agents.

1926.905 Loading of explosives or blasting

agents.

1926.906 Initiation of explosive charges—

electric blasting.

1926.907 Use of safety fuse.

1926.908 Use of detonating cord.

1926.909 Firing the blast.

1926.910 Inspection after blasting.

1926.911 Misfires.

1926.912 Underwater blasting.

1926.913 Blasting in excavation work under

compressed air.

1926.914 Definitions applicable to this sub-

part.

Subpart V—Power Transmission and Distribution

1926.950 General requirements.

1926.951 Tools and protective equipment.

1926.952 Mechanical equipment.

1926.953 Material handling.

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29 CFR Ch. XVII (7–1–07 Edition) Pt. 1926

1926.954 Grounding for protection of em-

ployees.

1926.955 Overhead lines.

1926.956 Underground lines.

1926.957 Construction in energized sub-

stations.

1926.958 External load helicopters.

1926.959 Lineman’s body belts, safety straps, and lanyards.

1926.960 Definitions applicable to this sub-

part.

Subpart W—Rollover Protective Structures;

Overhead Protection

1926.1000 Rollover protective structures

(ROPS) for material handling equipment.

1926.1001 Minimum performance criteria for

rollover protective structures for des-ignated scrapers, loaders, dozers, graders, and crawler tractors.

1926.1002 Protective frames (roll-over pro-

tective structures, known as ROPS) for wheel-type agricultural and industrial tractors used in construction.

1926.1003 Overhead protection for operators

of agricultural and industrial tractors used in construction.

APPENDIX A TO SUBPART W—FIGURES W–14

THROUGH W–28

Subpart X—Stairways and Ladders

1926.1050 Scope, application, and definitions

applicable to this subpart.

1926.1051 General requirements.

1926.1052 Stairways.

1926.1053 Ladders.

1926.1054–1926.1059 [Reserved]

1926.1060 Training requirements.

APPENDIX A TO SUBPART X—LADDERS

Subpart Y—Diving

GENERAL

1926.1071 Scope and application.

1926.1072 Definitions.

PERSONNEL REQUIREMENTS

1926.1076 Qualifications of dive team.

GENERAL OPERATIONS PROCEDURES

1926.1080 Safe practices manual.

1926.1081 Pre-dive procedures.

1926.1082 Procedures during dive.

1926.1083 Post-dive procedures.

SPECIFIC OPERATIONS PROCEDURES

1926.1084 SCUBA diving.

1926.1085 Surface-supplied air diving.

1926.1086 Mixed-gas diving.

1926.1087 Liveboating.

EQUIPMENT PROCEDURES AND REQUIREMENTS

1926.1090 Equipment.

RECORDKEEPING

1926.1091 Recordkeeping requirements.

APPENDIX A TO SUBPART Y—EXAMPLES OF

CONDITIONS WHICH MAY RESTRICT OR

LIMIT EXPOSURE TO HYPERBARIC CONDI-

TIONS

APPENDIX B TO SUBPART Y—GUIDELINES FOR

SCIENTIFIC DIVING

Subpart Z—Toxic and Hazardous Substances

1926.1100 [Reserved]

1926.1101 Asbestos.

1926.1102 Coal tar pitch volatiles; interpre-

tation of term.

1926.1103 13 carcinogens (4-Nitrobiphenyl, etc.).

1926.1104 alpha-Naphthylamine.

1926.1105 [Reserved]

1926.1106 Methyl chloromethyl ether.

1926.1107 3,3′-Dichlorobenzidiene (and its salts).

1926.1108 bis-Chloromethyl ether.

1926.1109 beta-Naphthylamine.

1926.1110 Benzidine.

1926.1111 4-Aminodiphenyl.

1926.1112 Ethyleneimine.

1926.1113 beta-Propiolactone.

1926.1114 2-Acetylaminofluorene.

1926.1115 4-Dimethylaminoazobenzene.

1926.1116 N-Nitrosodimethylamine.

1926.1117 Vinyl chloride.

1926.1118 Inorganic arsenic.

1926.1126 Chromium (VI).

1926.1127 Cadmium.

1926.1128 Benzene.

1926.1129 Coke oven emissions.

1926.1144 1,2-dibromo-3-chloropropane.

1926.1145 Acrylonitrile.

1926.1147 Ethylene oxide.

1926.1148 Formaldehyde.

1926.1152 Methylene chloride.

APPENDIX A TO PART 1926—DESIGNATIONS FOR

GENERAL INDUSTRY STANDARDS INCOR-

PORATED INTO BODY OF CONSTRUCTION

STANDARDS

SUBJECT INDEX FOR PART 1926—SAFETY AND

HEALTH REGULATIONS FOR CONSTRUCTION

SOURCE: 44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, unless otherwise noted.

EDITORIAL NOTE: At 44 FR 8577, Feb. 9, 1979, and corrected at 44 FR 20940, Apr. 6, 1979, OSHA reprinted without change the entire text of 29 CFR part 1926 together with cer-tain General Industry Occupational Safety and Health Standards contained in 29 CFR part 1910, which have been identified as also applicable to construction work. This repub-lication developed a single set of OSHA regu-lations for both labor and management forces within the construction industry.

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Occupational Safety and Health Admin., Labor § 1926.4

Subpart A—General

AUTHORITY: Section 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.); sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of La-bor’s Order No. 12–71 (36 FR 8754), 8–76 (41 FR

25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–

96 (62 FR 111), 3–2000 (65 FR 50017), and 5–2002 (67 FR 65008), as applicable; and 29 CFR part 1911.

§ 1926.1 Purpose and scope.

(a) This part sets forth the safety and health standards promulgated by the Secretary of Labor under section 107 of the Contract Work Hours and Safety Standards Act. The standards are pub-lished in subpart C of this part and fol-lowing subparts.

(b) Subpart B of this part contains statements of general policy and inter-pretations of section 107 of the Con-tract Work Hours and Safety Stand-ards Act having general applicability.

§ 1926.2 Variances from safety and health standards.

(a) Variances from standards which are, or may be, published in this part may be granted under the same cir-cumstances whereunder variances may be granted under section 6(b)(A) or 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C.

65). The procedures for the granting of variances and for related relief under this part are those published in part 1905 of this title.

(b) Any requests for variances under this section shall also be considered re-quests for variances under the Wil-liams-Steiger Occupational Safety and Health Act of 1970, and any requests for variances under Williams-Steiger Occu-pational Safety and Health Act with respect to construction safety or health standards shall be considered to be also variances under the Construc-tion Safety Act. Any variance from a construction safety or health standard which is contained in this part and which is incorporated by reference in part 1910 of this title shall be deemed a variance from the standard under both the Construction Safety Act and the Williams-Steiger Occupational Safety and Health Act of 1970.

§ 1926.3 Inspections—right of entry.

(a) It shall be a condition of each contract which is subject to section 107 of the Contract Work Hours and Safety Standards Act that the Secretary of Labor or any authorized representative shall have a right of entry to any site of contract performance for the fol-lowing purposes:

(1) To inspect or investigate the mat-ter of compliance with the safety and health standards contained in subpart C of this part and following subparts;

and

(2) To carry out the duties of the Sec-retary under section 107(b) of the Act.

(b) For the purpose of carrying out his investigative duties under the Act, the Secretary of Labor may, by agree-ment, use with or without reimburse-ment the services, personnel, and fa-cilities of any State or Federal agency.

Any agreements with States under this section shall be similar to those pro-vided for under the Walsh-Healey Pub-lic Contracts Act under 41 CFR part 50– 205.

§ 1926.4 Rules of practice for adminis-trative adjudications for enforce-ment of safety and health stand-ards.

(a) The rules of practice for adminis-trative adjudications for the enforce-ment of the safety and health stand-ards contained in subpart C of this part and the following subparts shall be the same as those published in part 6 of this title with respect to safety and health violations of the Service Con-tract Act of 1965 (69 Stat. 1035), except as provided in paragraph (b) of this sec-tion.

(b) In the case of debarment, the find-ings required by section 107(d) of the Act shall be made by the hearing exam-iner or the Assistant Secretary of Labor for Occupational Safety and Health, as the case may be. Whenever, as provided in section 107(d)(2), a con-tractor requests termination of debar-ment before the end of the 3-year pe-riod prescribed in that section, the re-quest shall be filed in writing with the Assistant Secretary of Labor for Occu-pational Safety and Health who shall publish a notice in the FEDERAL REG- ISTER that the request has been re-ceived and afford interested persons an

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29 CFR Ch. XVII (7–1–07 Edition) § 1926.5 opportunity to be heard upon the re-quest, and thereafter the provisions of part 6 of this title shall apply with re-spect to prehearing conferences, hear-ings and related matters, and decisions and orders.

§ 1926.5 OMB control numbers under the Paperwork Reduction Act.

The following sections or paragraphs each contain a collection of informa-tion requirement which has been ap-proved by the Office of Management and Budget under the control number listed.

29 CFR citation OMB con-trol No.

1926.33 ................................................................ 1218–0065

1926.50 ................................................................ 1218–0093

1926.52 ................................................................ 1218–0048

1926.53 ................................................................ 1218–0103

1926.59 ................................................................ 1218–0072

1926.60 ................................................................ 1218–0183

1926.62 ................................................................ 1218–0189

1926.64 ................................................................ 1218–0200

1926.65 ................................................................ 1218–0202

1926.103 .............................................................. 1218–0099

1926.200 .............................................................. 1218–0132

1926.250 .............................................................. 1218–0093

1926.251 .............................................................. 1218–0233

1926.403 .............................................................. 1218–0130

1926.404 .............................................................. 1218–0130

1926.405 .............................................................. 1218–0130

1926.407 .............................................................. 1218–0130

1926.408 .............................................................. 1218–0130 1926.453(a)(2) ..................................................... 1218–0216

1926.502 .............................................................. 1218–0197

1926.503 .............................................................. 1218–0197 1926.550(a)(1) ..................................................... 1218–0115 1926.550(a)(2) ..................................................... 1218–0115 1926.550(a)(4) ..................................................... 1218–0115 1926.550(a)(6) ..................................................... 1218–0113 1926.550(a)(11) ................................................... 1218–0054 1926.550(a)(16) ................................................... 1218–0115 1926.550(b)(2) ..................................................... 1218–0232 1926.550(g) ......................................................... 1218–0151

1926.552 .............................................................. 1218–0231

1926.652 .............................................................. 1218–0137

1926.703 .............................................................. 1218–0095

1926.800 .............................................................. 1218–0067

1926.803 .............................................................. 1218–0067

1926.900 .............................................................. 1218–0217

1926.903 .............................................................. 1218–0227

1926.1080 ............................................................ 1218–0069

1926.1081 ............................................................ 1218–0069

1926.1083 ............................................................ 1218–0069

1926.1090 ............................................................ 1218–0069

1926.1091 ............................................................ 1218–0069

1926.1101 ............................................................ 1218–0134

1926.1103 ............................................................ 1218–0085

1926.1104 ............................................................ 1218–0084

1926.1106 ............................................................ 1218–0086

1926.1107 ............................................................ 1218–0083

1926.1108 ............................................................ 1218–0087

1926.1109 ............................................................ 1218–0089

1926.1110 ............................................................ 1218–0082

1926.1111 ............................................................ 1218–0090

1926.1112 ............................................................ 1218–0080

1926.1113 ............................................................ 1218–0079

1926.1114 ............................................................ 1218–0088

29 CFR citation OMB con-trol No.

1926.1115 ............................................................ 1218–0044

1926.1116 ............................................................ 1218–0081

1926.1117 ............................................................ 1218–0010

1926.1118 ............................................................ 1218–0104

1926.1126 ............................................................ 1218–0252

1926.1127 ............................................................ 1218–0186

1926.1128 ............................................................ 1218–0129

1926.1129 ............................................................ 1218–0128

1926.1144 ............................................................ 1218–0101

1926.1145 ............................................................ 1218–0126

1926.1147 ............................................................ 1218–0108

1926.1148 ............................................................ 1218–0145

[61 FR 5509, Feb. 13, 1996, as amended at 63 FR 3814, Jan. 27, 1998; 63 FR 13340, Mar. 19, 1998; 63 FR 17094, Apr. 8, 1998; 64 FR 18810, Apr. 16, 1999; 71 FR 38086, July 5, 2006]

Subpart B—General Interpretations

AUTHORITY: Sec. 107, Contract Work Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333).

§ 1926.10 Scope of subpart.

(a) This subpart contains the general rules of the Secretary of Labor inter-preting and applying the construction safety and health provisions of section 107 of the Contract Work Hours and Safety Standards Act (83 Stat. 96). Sec-tion 107 requires as a condition of each contract which is entered into under legislation subject to Reorganization Plan Number 14 of 1950 (64 Stat. 1267), and which is for construction, alter-ation, and/or repair, including painting and decorating, that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working condi-tions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards promulgated by the Secretary by regulation.

§ 1926.11 Coverage under section 103 of the act distinguished.

(a) Coverage under section 103. It is im-portant to note that the coverage of section 107 differs from that for the overtime requirements of the Contract Work Hours and Safety Standards Act.

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Occupational Safety and Health Admin., Labor § 1926.12 which subject to specific exemptions, includes: (1) Federal contracts requir-ing or involving the employment of la-borers or mechanics (thus including, but not limited to, contracts for con-struction), and (2) contracts assisted in whole or in part by Federal loans, grants, or guarantees under any stat-ute ‘‘providing wage standards for such work.’’ The statutes ‘‘providing wage standards for such work’’ include stat-utes for construction which require the payment of minimum wages in accord-ance with prevailing wage findings by the Secretary of Labor in accordance with the Davis-Bacon Act. A provision to section 103 excludes from the over-time requirements work where the Federal assistance is only in the form of a loan guarantee or insurance.

(b) Coverage under section 107. To be covered by section 107 of the Contract Work Hours and Safety Standards Act, a contract must be one which (1) is en-tered into under a statute that is sub-ject to Reorganization Plan No. 14 of 1950 (64 Stat. 1267); and (2) is for ‘‘con-struction, alteration, and/or repair, in-cluding painting and decorating.’’

§ 1926.12 Reorganization Plan No. 14 of 1950.

(a) General provisions. Reorganization Plan No. 14 of 1950 relates to the pre-scribing by the Secretary of Labor of ‘‘appropriate standards, regulations, and procedures’’ with respect to the en-forcement of labor standards under Federal and federally assisted con-tracts which are subject to various statutes subject to the Plan. The rules of the Secretary of Labor imple-menting the Plan are published in part 5 of this title. Briefly, the statutes sub-ject to the Plan include the Davis- Bacon Act, including its extension to Federal-aid highway legislation subject to 23 U.S.C. 113, and other statutes sub-ject to the Plan by its original terms, statutes by which the Plan is expressly applied, such as the Contract Work Hours Standards Act by virtue of sec-tion 104(d) thereof.

(b) The Plan. (1) The statutes subject to Reorganization Plan No. 14 of 1950 are cited and briefly described in the remaining paragraphs of this section.

These descriptions are general in na-ture and not intended to convey the full scope of the work to be performed under each statute. The individual statutes should be resorted to for a more detailed scope of the work.

(2) Federal-Aid Highway Acts. The pro-visions codified in 23 U.S.C. 113 apply to the initial construction, reconstruc-tion, or improvement work performed by contractors or subcontractors on highway projects on the Federal-aid systems, the primary and secondary, as well as their extensions in urban areas, and the Interstate System, authorized under the highway laws providing for the expenditure of Federal funds upon the Federal-aid system. As cited in 41 Op. A.G. 488, 496, the Attorney General ruled that the Federal-Aid Highway Acts are subject to Reorganization Plan No. 14 of 1950.

(3) National Housing Act (12 U.S.C.

1713, 1715a, 1715e, 1715k, 1715l(d)(3) and (4), 1715v, 1715w, 1715x, 1743, 1747, 1748, 1748h–2, 1750g, 1715l(h)(1), 1715z(j)(1), 1715z–1, 1715y(d), Subchapter 1x-A and 1x-B, 1715z–7). This act covers construc-tion which is financed with assistance by the Federal Government through programs of loan and mortgage insur-ance for the following purposes:

(i) Rental Housing—Section 1713 pro-vides mortgage and insurance on rental housing of eight or more units and on mobile-home courts.

(ii) Section 1715a—Repealed.

(iii) Cooperative Housing—Section

1715e authorizes mortgage insurance on cooperative housing of five or more units as well as supplementary loans for improvement of repair or resale of memberships.

(iv) Urban Renewal Housing—Section 1715k provides mortgage insurance on single family or multifamily housing in approved urban renewal areas.

(v) Low or Moderate Income Hous-ing—Section 1715L(d) (3) and (4) insures mortgages on low-cost single family or multifamily housing.

(vi) Housing for Elderly—Section 1715v provides mortgage insurance on rental housing for elderly or handi-capped persons.

(vii) Nursing Homes—Section 1715w authorizes mortgage insurance on nursing home facilities and major equipment.

(viii) Experimental Housing—Section 1715x provides mortgage insurance on

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29 CFR Ch. XVII (7–1–07 Edition) § 1926.12 single family or multifamily housing with experimental design of materials.

(ix) War Housing Insurance—Section 1743 not active.

(x) Yield Insurance—Section 1747 in-sures investment returns on multi-family housing.

(xi) Armed Services Housing—Sec-tion 1748b to assist in relieving acute shortage and urgent need for family housing at or in areas adjacent to mili-tary installations.

(xii) Defense Housing for Impacted Areas—Section 1748h–2 provides mort-gage insurance on single family or multifamily housing for sale or rent primarily to military or civilian per-sonnel of the Armed Services, National Aeronautics and Space Administration, or Atomic Energy Commission.

(xiii) Defense Rental Housing—Sec-tion 1750g provides for mortgage insur-ance in critical defense housing areas.

(xiv) Rehabilitation—Section 1715L (h)(1) provides mortgage insurance for nonprofit organizations to finance the purchase and rehabilitation of deterio-rating or substandard housing for sub-sequent resale to low-income home purchasers. There must be located on the property five or more single family dwellings of detached, semidetached, or row construction.

(xv) Homeowner Assistance—Section 1715Z(j)(1) authorizes mortgage insur-ance to nonprofit organizations or pub-lic bodies or agencies executed to fi-nance sale of individual dwellings to lower income individuals or families.

Also includes the rehabilitation of such housing if it is deteriorating or sub-standard for subsequent resale to lower income home purchasers.

(xvi) Rental Housing Assistance— Section 1715Z–1 authorizes mortgage insurance and interest reduction pay-ments on behalf of owners of rental housing projects designed for occu-pancy by lower income families. Pay-ments are also authorized for certain State or locally aided projects.

(xvii) Condominium Housing—Sec-tion 1715y(d) provides mortgage insur-ance on property purchased for the de-velopment of building sites. This in-cludes waterlines and water supply in-stallations, sewer lines and sewage dis-posal installations, steam, gas, and electrical lines and installations, roads, streets, curbs, gutters, side-walks, storm drainage facilities, and other installations or work.

(xviii) Group Medical Practice Facili-ties—Subchapter LX-B authorizes mortgage insurance for the financing of construction and equipment, of fa-cilities for group practice of medicine, optometry, or dentistry.

(xix) Nonprofit Hospitals—1715z–7 au-thorizes mortgage insurance to cover new and rehabilitated hospitals, in-cluding initial equipment.

(4) Hospital Survey and Construction Act, as amended by the Hospital and Medical Facilities Amendments of 1964 (42 U.S.C. 291e). The provisions of this Act cover construction contracts made by State or local authorities or private in-stitutions under Federal grant-in-aid programs for the construction of hos-pitals and other medical facilities.

(5) Federal Airport Act (49 U.S.C.

1114(b)). The act provides grant-in-aid funds for airport construction limited to general site preparation runways, taxiways, aprons, lighting appurtenant thereto, and fire, rescue, and mainte-nance buildings. The act excludes con-struction intended for use as a public parking facility for passenger auto-mobiles and the cost of construction of any part of an airport building except such of those buildings or parts of buildings to house facilities or activi-ties directly related to the safety of persons at the airport.

(6) Housing Act of 1949 (42 U.S.C. 1459).

Construction contracts awarded by local authorities financed with the as-sistance of loans and grants from the Federal Government. The construction programs are for slum clearance and urban renewal which includes rehabili-tation grants, neighborhood develop-ment programs, neighborhood renewal plans, community renewal, demolition projects, and assistance for blighted areas. See the Housing Act of 1964, paragraph (b)(21) of this section, con-cerning financial assistance for low-rent housing for domestic farm labor.

(7) School Survey and Construction Act of 1950 (20 U.S.C. 636). This act provides for a Federal grant-in-aid program to assist in the construction of schools in federally affected areas.

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(8) Defense Housing & Community Fa-cilities & Services Act of 1951 (42 U.S.C.

1592i). Inactive Program.

(9) United States Housing Act of 1937 (42 U.S.C. 1416). This statute covers the construction of low-rent public housing and slum clearance projects awarded by local authorities. These projects are financed with the assistance of loans and grants from the Federal Govern-ment. The slum clearance is the demo-lition and removal of buildings from any slum area to be used for a low-rent housing project.

(10) Federal Civil Defense Act of 1950 (50 U.S.C. App. 2281). This act provides for Federal assistance to the several States and their political subdivisions in the field of civil defense which in-cludes procurement, construction, leas-ing, or renovating of materials and fa-cilities.

(11) Delaware River Basin Compact (sec. 15.1, 75 Stat. 714). This joint resolu-tion creates, by intergovernmental compact between the United States, Delaware, New Jersey, New York, and Pennsylvania, a regional agency for planning, conservation, utilization, de-velopment, management and control of the water and related sources of the Delaware River.

(12) Cooperative Research Act (20 U.S.C.

332a(c)). This act provides Federal grants to a university, college, or other appropriate public or nonprofit private agency or institution for part or all of the cost of constructing a facility for research or for research and related purposes. Research and related pur-poses means research, research train-ing, surveys, or demonstrations in the field of education, or the dissemination of information derived therefrom, or all of such activities, including (but without limitation) experimental schools, except that such term does not include research, research training, surveys, or demonstrations in the field of sectarian instruction or the dissemi-nation of information derived there-from. Construction includes new build-ings, and the acquisition, expansion, remodeling, replacement, and alter-ation of existing buildings and the equipping of new buildings and existing buildings.

(13) Health Professions Educational As-sistance Act of 1963 (42 U.S.C. 292d (c)(4), 293a(c)(5)). The provisions of this act provide for grants to assist public and nonprofit medical, dental, and similar schools for the construction, expan-sion, or renovation of teaching facili-ties.

(14) Mental Retardation Facilities Con-struction Act (42 U.S.C. 295(a)(2)(D), 2662(5), 2675(a)(5)). This act authorizes Federal financial assistance in the con-struction of centers for research on mental retardation and related aspects of human development, of university-affiliated facilities for the mentally re-tarded and of facilities for the men-tally retarded.

(15) Community Mental Health Centers Act (42 U.S.C. 2685(a)(5)). This act au-thorizes Federal grants for the con-struction of public and other nonprofit community mental health centers.

(16) Higher Education Facilities Act of 1963 (20 U.S.C. 753). This act authorizes the grant or loan of Federal funds to assist public and other nonprofit insti-tutions of higher education in financ-ing the construction, rehabilitation, or improvement of academic and related facilities in undergraduate and grad-uate schools.

(17) Vocational Educational Act of 1963 (20 U.S.C. 35f). This act provides for Federal grants to the various States for construction of area vocational education school facilities.

(18) Library Services and Construction Act (20 U.S.C. 355e(a)(4)). This act pro-vides for Federal assistance to the var-ious States for the construction of pub-lic libraries.

(19) Urban Mass Transportation Act of 1954 (49 U.S.C. 1609). This act provides for grants and loans to assist States and local public bodies and agencies thereof in financing the acquisition, construction, reconstruction, and im-provement of facilities and equipment for use, by operation or lease or other-wise, in mass transportation service in urban areas and in coordinating such service with highway and other trans-portation in such areas.

(20) Economic Opportunity Act of 1964 (42 U.S.C. 2947). This act covers con-struction which is financed with assist-ance of the Federal Government for the following purposes:

(i) Authorizes Federal assistance for construction of projects, buildings and

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(ii) Authorizes financial assistance for construction work planned and car-ried out at the community level for antipoverty programs (Title II):

(a) Authorizes loans to low income rural families by assisting them to ac-quire or improve real estate or reduce encumbrances or erect improvements thereon, and to participate in coopera-tive associations and/or to finance non-agricultural enterprises which will en-able such families to supplement their income (Title III);

(b) Authorizes loans to local coopera-tive associations furnishing essential processing, purchasing, or marketing services, supplies, or facilities predomi-nantly to low-income rural families (Title III);

(c) Authorizes financial assistance to States, political subdivisions of States, public and nonprofit agencies, institu-tions, organizations, farm associations, or individuals in establishing housing, sanitation, education, and child day-care programs for migrants and other seasonally employed agricultural em-ployees and their families (Title III).

(iii) Authorizes loans or guarantees loans to small businesses for construc-tion work (Title IV).

(iv) Authorizes the payment of the cost of experimental, pilot, or dem-onstration projects to foster State pro-grams providing construction work ex-perience or training for unemployed fa-thers and needy people (Title V).

(21) Housing Act of 1964 (42 U.S.C.

1486(f); 42 U.S.C. 1452b(e)). Provides fi-nancial assistance for low-rent housing for domestic farm labor. The Act fur-ther provides for loans, through public or private agencies, where feasible, to owners or tenants of property in urban renewal areas to finance rehabilitation required to conform the property to ap-plicable code requirements or carry out the objectives of the urban renewal plan for the area.

(22) The Commercial Fisheries Research and Development Act of 1964 (16 U.S.C.

779e(b)). This Act authorizes financial assistance to State agencies for con-struction projects designed for the re-search and development of the com-mercial fisheries resources of the Na-tion.

(23) The Nurse Training Act of 1964 (42 U.S.C. 296a(b)(5)). This act provides for grants to assist in the construction of new facilities for collegiate, associate degree, and diploma schools of nursing, or replacement or rehabilitation of ex-isting facilities of such schools.

(24) Elementary and Secondary Edu-cation Act of 1965 (20 U.S.C. 241i, 848).

The purpose of the act is to provide fi-nancial assistance to local educational agencies serving areas with concentra-tions of children from low-income fam-ilies for construction in connection with the expansion or improvement of their educational programs.

(25) Federal Water Pollution Control Act, as amended by the Water Quality Act of 1965 (3 U.S.C. 466e(g)). Provides for fi-nancial assistance to States or munici-palities for construction of facilities in connection with the prevention and control of water pollution. This in-cludes projects that will control the discharge into any waters of untreated or inadequately treated sewage.

(26) Appalachian Regional Development Act of 1965 (40 U.S.C. App. 402). Author-izes Federal assistance in the construc-tion of an Appalachian development highway system; construction of multi-county demonstration health facilities, hospitals, regional health, diagnostic and treatment centers, and other fa-cilities for health; seal and fill voids in abandoned mines and to rehabilitate strip mine areas; construction of school facilities for vocational edu-cation; and to assist in construction of sewage treatment works.

(27) National Technical Institute for the Deaf Act (20 U.S.C. 684(b)(5)). Provides for financial assistance for institutions of higher education for the establish-ment, construction, including equip-ment and operation, of a National In-stitution for the Deaf.

(28) Housing Act of 1959 (12 U.S.C.

1701(q)(c)(3)). This act authorizes loans to nonprofit corporations to be used for the construction of housing and related facilities for elderly families. Also, the provisions of the act provide for reha-bilitation, alteration, conversion or improvement of existing structures which are otherwise inadequate for

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(29) College Housing Act of 1950, as amended (12 U.S.C. 1749a(f)). This act provides for Federal loans to assist educational institutions in providing housing and other educational facili-ties for students and faculties.

(30) Housing and Urban Development Act of 1965 (42 U.S.C. 1500c–3, 3107). This act provides for Federal assistance for the following purposes:

(i) Grants to States and local public bodies to assist in any construction work to be carried out under the open-space land and urban beautification provisions contained therein. It pro-vides for parks and recreation areas, conservation of land and other natural resources, and historical and scenic purposes.

(ii) Grants to local public bodies and agencies to finance specific projects for basic public water facilities (including works for the storage, treatment, puri-fication, and distribution of water), and for basic public sewer facilities (other than ‘‘treatment works’’ as de-fined in the Federal Water Pollution Control Act).

(iii) Grants to any local public body or agency to assist in financing neigh-borhood facilities. These facilities must be necessary for carrying out a program of health, recreational, social, or similar community service and lo-cated so as to be available for the use of the area’s low or moderate income residents.

(31) National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C.

954(k)). The act establishes the ‘‘Na-tional Foundation on the Arts and the Humanities’’ which may provide matching grants to groups (nonprofit organizations and State and other pub-lic organizations) and to individuals engaged in creative and performing arts for the entire range of artistic ac-tivity, including construction of nec-essary facilities.

(32) Public Works and Economic Devel-opment Act of 1965 (42 U.S.C. 3222). This act provides for Federal assistance for the following purposes:

(i) Grants for the acquisition or de-velopment of land or improvements for public works or development facility usage in redevelopment areas. It au-thorizes loans to assist in financing the purchase or development of land for public works which will assist in the creation of long-term employment op-portunities in the area.

(ii) Loans for the purchase or devel-opment of land and facilities (including machinery and equipment) for indus-trial or commercial usage within rede-velopment areas; guarantee of loans for working capital made to private bor-rowers by private lending institutions in connection with direct loan projects;

and to contract to pay to, or on behalf of, business entities locating in rede-velopment areas, a portion of the inter-est costs which they incur in financing their expansions from private sources.

(iii) Loans and grants to create eco-nomic development centers within des-ignated county economic development districts.

(33) High-Speed Ground Transportation Study (40 U.S.C. 1636(b)). This act pro-vides for financial assistance for con-struction activities in connection with research and development of different forms of high-speed ground transpor-tation and demonstration projects re-lating to intercity rail passenger serv-ice.

(34) Heart Disease, Cancer and Stroke Amendments of 1965 (42 U.S.C. 299(b)(4)).

This act provides for grants to public or nonprofit private universities, med-ical schools, research, institutions, hospitals, and other public and non-profit agencies and institutions, or as-sociations thereof to assist in construc-tion and equipment of facilities in con-nection with research, training, dem-onstration of patient care, diagnostic and treatment related to heart disease, cancer, stroke, and other major dis-eases.

(35) Mental Retardation Facilities and Community Mental Health Centers Con-struction Act Amendments of 1965 (20 U.S.C. 618(g)). These provisions provide for grants to institutions of higher edu-cation for construction of facilities for research or for research and related purposes relating to education for men-tally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crip-pled, or other health impaired children who by reason thereof require special education.

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(36) Vocational Rehabilitation Act Amendments of 1965 (29 U.S.C. 41a(b)(4)).

This act authorizes grants to assist in meeting the costs of construction of public or other nonprofit workshops and rehabilitation facilities.

(37) Clean Air and Solid Waste Disposal Acts (42 U.S.C. 3256). This act provides for financial assistance to public (Fed-eral, State, interstate, or local) au-thorities, agencies, and institutions, private agencies and institutions, and individuals in the construction of fa-cilities for solid-waste disposal. The term construction includes the instal-lation of initial equipment.

(38) Medical Library Assistance Act of 1965 (42 U.S.C. 280b–3(b)(3)). This act provides for grants to public or private non-profit agencies or institutions for the cost of construction of medical li-brary facilities.

(39) Veterans Nursing Home Care Act (38 U.S.C. 5035(a)(8)). The construction industry health and safety standards do not apply to this act since it is not subject to Reorganization Plan No. 14 of 1950.

(40) National Capital Transportation Act of 1965 (40 U.S.C. 682(b)(4)). This act provides for Federal assistance to the National Capital Transportation Agen-cy for construction of a rail rapid tran-sit system and related facilities for the Nation’s Capital.

(41) Alaska Centennial—1967 (80 Stat.

82). The program under this legislation has expired.

(42) Model Secondary School for the Deaf Act (80 Stat. 1028). This act pro-vides for funds to establish and oper-ate, including construction and initial equipment of new buildings, expansion, remodeling, and alteration of existing buildings and equipment thereof, a model secondary school for the deaf to serve the residents of the District of Columbia and nearby States.

(43) Allied Health Professions Personnel Training Act of 1966 (42 U.S.C.

295h(b)(2)(E)). This act provides for grants to assist in the construction of new facilities for training centers for allied health professions, or replace-ment or rehabilitation of existing fa-cilities for such centers.

(44) Demonstration Cities and Metro-politan Development Act of 1966 (42 U.S.C. 3310; 12 U.S.C. 1715c; 42 U.S.C.

1416). This act provides for Federal as-sistance for the following purposes:

(i) Grants to assist in the construc-tion, rehabilitation, alteration, or re-pair of residential property only if such residential…