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OSHA General Industry vs. Construction Industry Standards

Document Number: 134
The Occupational Safety and Health Act was enacted to provide on-the-job
safety and health conditions for American employees. The Act established
the Occupational Safety and Health Administration (OSHA), and assigned
to it a “general duty” to ensure that employers maintain their workplaces
free from hazards likely to cause death or serious harm to employees.
The Act also gave the Secretary of Labor the authority to impose more
specific duties or standards to certain “high risk” industries by adopting
additional standards if necessary.
It is a measure of OSHA’s success in achieving its mission that, since
the agency was created in 1971, workplace fatalities have been cut by
more than 60% and occupational injury and illness rates have declined
by 40 percent. These declines in illness and injury are all the more significant
for having occurred over a period in which U.S. employment nearly doubled,
from 56 million workers at 3.5 million work sites to 135 million workers
at 8.9 million sites.
Despite overall improvements, annual accident statistics have shown that
the construction industry remains one of most hazardous to workers. Each
year, more than one thousand construction workers lose their lives and
400,000 more experience injuries or illnesses on the job. Because of this,
the Secretary of Labor, in conjunction with OSHA, set forth specific standards
for the construction industry. These can be found in 29
CFR Part 1926.
The Construction Industry standards designate the specific conditions
required by all construction industry employers. The standards are revised
annually and cover a variety of areas of construction work and processes,
from residential to commercial. Construction industry employers are legally
bound to comply with these standards, as well as any related 29 CFR Part
1910 General Industry standards that also apply.
Many of the General Industry standards mentioned here have long been
applied to construction employment. As part of the revision process, OSHA
is making every effort to identify and incorporate the General Industry
standards that are most likely to apply to construction work, but these
have not been completely incorporated and OSHA does note that other Part
1910 standards may be applicable under some circumstances.
1910 vs. 1926
Although 29
CFR 1910 and 1926 are separate standards, there are notable differences.
Some standards are covered in duplicate, and some go into more depth than
the other. What follows is an outline of the differences between standards
covering fall protection, confined space, GFCI requirements, personal
protective Equipment (PPE), stairways and ladders, fire extinguishers,
accident prevention signs and tags, eyewashes, and illumination.
Fall Protection
Although both 1926 & 1910 have versions of the fall protection standard,
the construction industry standard is far more detailed than the General
Industry standard. The Construction Industry standard, 1926
Subpart M, states that fall protection is required when an employee
is working at a height greater than or equal to 6 feet. The General Industry
standard, 1910.23(c)(2)
states that "every runway shall be guarded by a standard railing on all
open sides 4 feet or more above floor or ground level" referring to when
guardrails are required on a platform or runway.
In addition, as of January 1, 1998, the Construction standard does not
allow for the use of the back belt style harnesses. General Industry standards
do not address the issue. 1926 also requires a locking snap on all harnesses
and lanyards; 1910 does not. As a side note, equipment hardware strength
requirements are the same for both standards. (See EZFacts® documents
#130
& #131.)
Depending on the application of General Industry or Construction, the
end user must select fall
protection products that comply with the regulations that apply to
their specific use.
Confined Space
The Confined Space standard for the construction industry, 29
CFR 1926.21(b)(6), is not as specific as the General Industry standard,
1910.146. When working in areas where confined space entry may be required,
the construction industry should refer to the general industry standards
for guidance. (See EZFacts®
document #115.)
A full range of confined
space products and air
monitors can assist with full compliance of confined space regulations.
GFCI
1926.404(b)(1)(ii)
requires the use of ground
fault circuit interrupters (GFCI’s) on all 120-volt outlets at construction
sites which are used by employees and are not part of permanent wiring.
GFCI’s are not required by general industry standards. (See EZFacts®
document #264.)
Personal Protective Equipment (PPE)
Although the standards for personal protective Equipment (PPE) are fairly
similar between construction and general industry, they do cover different
types of PPE. The Construction standards includes standards on safety
belts, lifelines and lanyards, safety nets and work that takes place on
or over water. Construction standards on basic PPE are typically not as
specific as general industry standards are. Construction employers should
refer to the General Industry standard for additional requirements. (See
EZFacts® document #242.)
Stairways and Ladders
1926.1060
requires training for each employee using stairways
and ladders. General Industry standards do not specifically require
a user of ladders or stairways to be trained.
Fire Extinguishers
1926.151
requires that fire
extinguishers with at least a 2A rating must be provided every 3000
square feet. 1910.157
specifies the ratings of the required fire extinguishers. Travel distance
to a fire extinguisher is also not specifically stated. (See EZFacts®
document #135.)
Accident Prevention Signs and Tags
1926.200
requires that an accident prevention sign or tag be visible at all times
when work is performed. Signs must be removed or covered as soon as the
hazard no longer exists. General Industry standards do not require that
employers cover signs as soon as the hazard no longer exists.
Eye Washes
1926.441
requires that an eye wash and body flushing facility be within 25 feet
of a battery changing area. The General Industry standard follows the
ANSI recommendation that the eye wash be reachable within 10 seconds and
located on the same level as the hazard. (See EZFacts®
document #120.)
There are many plumbed,
gravity feed, or portable eyewash/shower units to select from to comply
with eyewash regulations.
Illumination
1926.56
has very specific illumination requirements for construction sites, while
general industry standards rarely specify illumination requirements. For
example, the Construction standard requires that there be at least five
foot-candles for general construction area lighting. General industry
standards are much broader. Light
meters can help assess the illumination levels of an area.
Commonly Asked Questions
| Q. |
Why can I be cited under a General Industry standard when working
in the construction industry? |
| A. |
Although 29 CFR 1926 covers a variety of Construction standards, hazards
still exist that are not included. In order for OSHA to properly address
these hazards and protect employees, they do cite employers under both
standards when necessary. |
| Q. |
How does an employer know whether or not they are covered by the
General Industry or Construction standards? |
| A. |
Becoming familiar with the various standards is the best way to know
whether or not they apply to a specific industry or application. If, after
studying the standards, employers are still unsure, they can contact the
local OSHA consultation office for a determination on whether or not a
specific standard applies. |
| Q. |
Where can I locate a copy of the 29 CFR 1910 & 1926 standards? |
| A. |
Copies of the standards are available for purchase from OSHA, or
they can be downloaded free of charge from OSHA’s Web site, www.osha.gov.
Both 29
CFR 1910 and 29
CFR 1926 are easy to follow, read, and access through OSHA’s user-friendly
site. |
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Please Note: The information contained in this
publication is intended for general information purposes only. This
publication is not a substitute for review of the applicable
government regulations and standards, and should not be construed as
legal advice or opinion. Readers with specific questions should refer
to the cited regulation or consult with an attorney.
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