[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.12]

[Page 107]
 
                             TITLE 29--LABOR

 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 

                                OF LABOR

 
PART 1910_OCCUPATIONAL SAFETY AND HEALTH STANDARDS--Table of Contents

 
    Subpart B_Adoption and Extension of Established Federal Standards

 
Sec. 1910.12  Construction work.


    (a) Standards. The standards prescribed in part 1926 of this chapter 

are adopted as occupational safety and health standards under section 6 

of the Act and shall apply, according to the provisions thereof, to 

every employment and place of employment of every employee engaged in 

construction work. Each employer shall protect the employment and places 

of employment of each of his employees engaged in construction work by 

complying with the appropriate standards prescribed in this paragraph.

    (b) Definition. For purposes of this section, Construction work 

means work for construction, alteration, and/or repair, including 

painting and decorating. See discussion of these terms in Sec. 1926.13 

of this title.

    (c) Construction Safety Act distinguished. This section adopts as 

occupational safety and health standards under section 6 of the Act the 

standards which are prescribed in part 1926 of this chapter. Thus, the 

standards (substantive rules) published in subpart C and the following 

subparts of part 1926 of this chapter are applied. This section does not 

incorporate subparts A and B of part 1926 of this chapter. Subparts A 

and B have pertinence only to the application of section 107 of the 

Contract Work Hours and Safety Standards Act (the Construction Safety 

Act). For example, the interpretation of the term ``subcontractor'' in 

paragraph (c) of Sec. 1926.13 of this chapter is significant in 

discerning the coverage of the Construction Safety Act and duties 

thereunder. However, the term ``subcontractor'' has no significance in 

the application of the Act, which was enacted under the Commerce Clause 

and which establishes duties for ``employers'' which are not dependent 

for their application upon any contractual relationship with the Federal 

Government or upon any form of Federal financial assistance.

    (d) For the purposes of this part, to the extent that it may not 

already be included in paragraph (b) of this section, ``construction 

work'' includes the erection of new electric transmission and 

distribution lines and equipment, and the alteration, conversion, and 

improvement of the existing transmission and distribution lines and 

equipment.