[Code of Federal Regulations]
[Title 29, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1926.15]

[Page 21]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1926_SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION--Table of Contents
 
                    Subpart B_General Interpretations
 
Sec. 1926.15  Relationship to the Service Contract Act; Walsh-Healey Public 

Contracts Act.

    (a) A contract for ``construction'' is one for nonpersonal service. 
See, e.g., 41 CFR 1-1.208. Section 2(e) of the Service Contract Act of 
1965 requires as a condition of every Federal contract (and bid 
specification therefor) exceeding $2,500, the ``principal purpose'' of 
which is to furnish services to the United States through the use of 
``service employees,'' that certain safety and health standards be met. 
See 29 CFR part 1925, which contains the Department rules concerning 
these standards. Section 7 of the Service Contract Act provides that the 
Act shall not apply to ``any contract of the United States or District 
of Columbia for construction, alteration, and/or repair, including 
painting and decorating of public buildings or public works.'' It is 
clear from the legislative history of section 107 that no gaps in 
coverage between the two statutes are intended.
    (b) The Walsh-Healey Public Contracts Act requires that contracts 
entered into by any Federal agency for the manufacture or furnishing of 
materials, supplies, articles, and equipment in any amount exceeding 
$10,000 must contain, among other provisions, a requirement that ``no 
part of such contract will be performed nor will any of the materials, 
supplies, articles or equipment to be manufactured or furnished under 
said contract be manufactured or fabricated in any plants, factories, 
buildings, or surroundings or under working conditions which are 
unsanitary or hazardous or dangerous to the health and safety of 
employees engaged in the performance of said contract.'' The rules of 
the Secretary concerning these standards are published in 41 CFR part 
50-204, and express the Secretary of Labor's interpretation and 
application of section 1(e) of the Walsh-Healey Public Contracts Act to 
certain particular working conditions. None of the described working 
conditions are intended to deal with construction activities, although 
such activities may conceivably be a part of a contract which is subject 
to the Walsh-Healey Public Contracts Act. Nevertheless, such activities 
remain subject to the general statutory duty prescribed by section 1(e). 
Section 103(b) of the Contract Work Hours and Safety Standards Act 
provides, among other things, that the Act shall not apply to any work 
required to be done in accordance with the provisions of the Walsh-
Healey Public Contracts Act.