29 C.F.R. § 1910.12

Construction work

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(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 § 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 § 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.

Notes of Decisions

Cited in 45 cases (1 in the last 5 years), 1974–2022 · leading case: Solis v. Summit Contractors, Inc., 558 F.3d 815 (8th Cir. 2009).

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Solis v. Summit Contractors, Inc., 558 F.3d 815 (8th Cir. 2009). · cites it 16× “The Occupational Safety and Health Review Commission ("OSHRC") held that *818 the Secretary of Labor's ("Secretary") multi-employer worksite policy for "controlling" employers ("controlling employer citation policy") violated agency regulation 29 C.F.R. § 1910.12 (a). The…”

Anthony Crane Rental, Inc. v. Robert B. Reich, Sec'y of Labor, 70 F.3d 1298 (D.C. Cir. 1995). · cites it 7× “§ 654 (a)(2), and its construction industry regulations, 29 C.F.R. § 1910.12 . At the hearing before an Administrative Law Judge (“ALJ”), ACR disputed the factual existence of many of the violations, and argued that because it had leased the crane pursuant to a bare-rental…”

C & M Builders, LLC v. Strub, 22 A.3d 867 (Md. 2011). · cites it 4× “In Anthony Crane, the court stated in dicta that "it is not clear to us that the multi-employer [worksite] doctrine is consistent with the Secretary's own construction industry regulation, 29 C.F.R. § 1910.12 (a). . . . [T]he language of § 1910.”

Robert B. Reich, Sec'y of Labor v. Simpson, Gumpertz & Heger, Inc., & Occupational Saf. & Health Review Comm'n, 3 F.3d 1 (1st Cir. 1993). · cites it 5× “29 C.F.R. § 1910.12 -.16 (1992). Indeed, shortly after the Act became effective, the Secretary summarily adopted a group of federal standards for the construction industry that had previously been promulgated under the Construction Safety Act of 1969, 40 U.”

George v. Myers, 10 P.3d 265 (Or. Ct. App. 2000). · cites it 7× “See 36 FR 7346 (1971); *481 29 CFR § 1910.12 . The CSA, like OSHA, provides occupational safety and health protections to employees.”

Kiewit Power Constructors Co. v. Sec'y of Labor, 959 F.3d 381 (D.C. Cir. 2020). · cites it 3× “at 10,469 (adopting 29 C.F.R. § 1910.12 ). These new OSH standards remained tethered to the CSA standards “prescribed in [P]art 1926[,] .”

Pelletier v. Main Street Textiles, LP, 470 F.3d 48 (1st Cir. 2006). · cites it 2× “” 29 C.F.R. § 1910.12 (a) provides that “[t]he standards prescribed in Part 1926 of this chapter .”

Ellis v. Chase Commc'ns, Inc., 63 F.3d 473 (6th Cir. 1995). · cites it 5× “29 C.F.R. § 1910.12 (c) refuses, however, to adopt the definitions of part 1926 upon which defendants rely.”

Comm'r of Labor v. Weekley Homes, L.P., 609 S.E.2d 407 (N.C. Ct. App. 2005). · cites it 2× “; see 29 C.F.R. § 1910.12 (a) (1998). *27 Section 1910.”

Sec'y of Labor v. Trinity Indus., Inc., 504 F.3d 397 (3rd Cir. 2007). · cites it 2× “03-1622, 2007 WL 2265137 , 2007 A.M.C. 1756 (Apr. 27, 2007), in which it ruled that the Secretary's use of the multi-employer worksite doctrine in construction cases was precluded by a regulation limiting her authority to an "employer" and "his employees.”

Strickland v. Timco Aviation Servs., Inc., 66 So. 3d 1002 (Fla. 1st DCA 2011). · cites it 2× “”); 29 CFR § 1910.12 (a) (providing that Part 1926 applies to construction work).”

Ch2m Hill, Inc. v. Alexis Herman, Sec'y of Labor, & Occupational Saf. & Health Review Comm'n, 192 F.3d 711 (7th Cir. 1999). · cites it 4× “” 29 C.F.R. § 1910.12 (a). Construction work “means work for construction, alteration, and/or repair, including painting and decoration.”

Show all 45 citing cases →

— 29 C.F.R. § 1910.12(b) — 5 cases

City of Des Moines v. Emp. Appeal Bd., 722 N.W.2d 183 (Iowa 2006).

Nat'l Roofing Contractors Ass'n v. Peter J. Brennan, Sec'y of Labor, 495 F.2d 1294 (7th Cir. 1974).

City Of Des Moines Vs. Emp. Appeal Bd. & Labor Comm'r Byron K. Orton (Iowa 2006).

Reich, SOL v. Simpson, Gumpertz (1st Cir. 1993).

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