[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: 29CFR1926.20]
[Page 22]
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 C_General Safety and Health Provisions
Sec. 1926.20 General safety and health provisions.
Authority: Sec. 107, Contract Work Hours and Safety Standards Act
(40 U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and Health Act
of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71
(36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 6-96 (62 FR
111), as applicable; and 29 CFR part 1911.
(a) Contractor requirements. (1) Section 107 of the Act requires
that it shall be a condition of each contract which is entered into
under legislation subject to Reorganization Plan Number 14 of 1950 (64
Stat. 1267), as defined in Sec. 1926.12, and is for construction,
alteration, and/or repair, including painting and decorating, that no
contractor or subcontractor 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 conditions which are
unsanitary, hazardous, or dangerous to his health or safety.
(b) Accident prevention responsibilities. (1) It shall be the
responsibility of the employer to initiate and maintain such programs as
may be necessary to comply with this part.
(2) Such programs shall provide for frequent and regular inspections
of the job sites, materials, and equipment to be made by competent
persons designated by the employers.
(3) The use of any machinery, tool, material, or equipment which is
not in compliance with any applicable requirement of this part is
prohibited. Such machine, tool, material, or equipment shall either be
identified as unsafe by tagging or locking the controls to render them
inoperable or shall be physically removed from its place of operation.
(4) The employer shall permit only those employees qualified by
training or experience to operate equipment and machinery.
(c) The standards contained in this part shall apply with respect to
employments performed in a workplace in a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, Trust Territory of the Pacific Islands, Wake Island, Outer
Continental Shelf lands defined in the Outer Continental Shelf Lands
Act, Johnston Island, and the Canal Zone.
(d) (1) If a particular standard is specifically applicable to a
condition, practice, means, method, operation, or process, it shall
prevail over any different general standard which might otherwise be
applicable to the same condition, practice, means, method, operation, or
process.
(2) On the other hand, any standard shall apply according to its
terms to any employment and place of employment in any industry, even
though particular standards are also prescribed for the industry to the
extent that none of such particular standards applies.
(e) In the event a standard protects on its face a class of persons
larger than employees, the standard shall be applicable under this part
only to employees and their employment and places of employment.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58
FR 35078, June 30, 1993]
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