Construction vs. General Industry Standards

By: Shane Stuller

March 2014

One of the more difficult topics called into question in the workplace today is determining how interchangeable OSHA construction standards and general industry standards are, knowing which OSHA regulations to follow, and which regulations apply at what time. OSHA uses the designation of general industry to refer to all industries not included in construction, agriculture, or maritime and are covered under the 29 CFR 1910 standards. The construction industry standards, covered under 29 CFR 1926, addresses specific conditions that exist on construction sites and designates responsibilities by all construction industry employers.

The most important myth to dispel is the thought that the two standards are “interchangeable”. The standards that OSHA has established are not used in place of one another.  One standard does not replace or change places with the other. Although some standards are covered in duplicate, they are separate standards and there are numerous notable differences. Listed below are few examples that describe differences between the general industry and construction standards:

• Cranes: While the 1926 standard addresses requirements for crane suspended platforms, material hoists, and personnel hoists, the 1910 regulations do not include these requirements.
• Electrical: The 1926 standard requires ground fault-circuit interrupters (GFCIs) or an assured equipment conductor grounding program on all 120-volt outlets used by employees and are not part of permanent wiring. GFCIs and assured grounding programs are not addressed in 1910.
• Fire Protection: The 1926 standard allows use of a 55 gallon water drum or ½ inch water hose in lieu of a fire extinguisher. This is not permitted under the 1910 standard.
• Material Handling - Rigging: The 1926 standard contains a table for requirements of spacing and numbering of wire rope clips, while this is not included in the 1910 regulations.

Keep in mind though, that just because a regulation is addressed in the construction standards and not in the general industry standards does not mean that an organization cannot be cited from the 1910 standards. Although 1926 covers a variety of construction standards, hazards may still exist that are not included. In order for OSHA to properly address these hazards and protect employees, they may cite employers under 1910 when necessary.

Similarly, even if a company operates in a general industry facility, it is likely that they also perform construction work. Under 1910, OSHA describes construction work as “work for construction, alteration, and/or repair, including painting and decorating.” So, if employees perform additions to buildings, perform painting, make alterations, or perform demolition work to a building structure, it would be considered construction work by OSHA and therefore citable under the 1926 standards.

Below are some guidelines to help determine whether a certain activity falls under construction or general industry:

• In order for work to be construction work, the employer need not itself be a construction company.
• Construction work is not limited to new construction. It includes the repair of existing facilities.
• Maintenance is not usually considered construction. While OSHA does not provide a specified definition for “maintenance”, “maintenance activities” can be defined as making or keeping a structure, fixture or foundation in proper condition in a routine, scheduled, or anticipated fashion. This definition implies keeping equipment working in its existing state. Nonetheless, a determination of whether a company is engaged in maintenance operations rather than construction activities must be made on a case-by-case basis.
• Whether the work is performed by an employee or outside contractor is irrelevant.
• Scale and complexity of the job can make a difference. The more involved an operation is the more likely OSHA might view it as construction and not maintenance.

So even though the general industry and construction standards are not used interchangeably, they can be used in addition to one another, and simply stated, there are no clear-cut rules when determining which regulations apply at what time. OSHA provides guidelines, but the employer must make the decision of applicability. Becoming familiar with the various standards is the best way to know whether they apply to a specific application. To ensure OSHA compliance, it is necessary to understand the differences between the general industry and construction standards. As a best practice, regardless of whether the work task being performed is general industry or construction, the most conservative requirements should be followed.  

Where Do You Find the OSHA Standards for Each of the Four Categories?

Special industries typically have their own "part" of OSHA's section of the federal code.

Construction-specific rules are in part 1926 (which often appears as 29 CFR 1926, or §1926 for short). The rules for Agriculture are under part 1928.

Maritime-specific rules are spread out into multiple parts by the type of work – §1915, 1917, and 1918, with related standards in §1919-1922.

General Industry rules appear under 29 CFR 1910.

The standards for industries regulated by a separate agency are often in a completely different "title" of the federal code.

Are the Four Categories of OSHA Standards Completely Separate?

Some General Industry standards are universal because not every topic requires industry-specific rules. For example, standards for chemical hazard communication are found in §1910, but they also apply to Construction, Maritime, and Agriculture.

That means that special industries have to pay attention to two sets of standards. The Construction industry must comply with provisions of OSHA 1910 and 1926.

OSHA General Industry vs Construction

Maritime and Agriculture standards apply to a relatively small number of workers. Most of the workforce in the U.S. is covered by OSHA standards for Construction and General Industry.

Who Do the OSHA Standards for Construction and General Industry Apply To?

Construction standards apply to anyone engaged in construction work. In many cases the applications are pretty obvious – §1926 applies at sites where construction, renovation, or demolition are underway.

General Industry standards typically apply to any industry except Construction, Maritime, Agriculture, and those with a separate regulating agency. For example, manufacturing, warehousing, retail, office work, and health care all fall under General Industry.

However, the standards don't just apply to a type of workplace; they apply to a type of work. This means that OSHA 1910 and 1926 both apply to some General Industry workplaces.

OSHA defines construction work as "work for construction, alteration, and/or repair, including painting and decorating." Yet OSHA considers maintenance to be different from construction.

There's no formal definition to distinguish between the two, but OSHA generally interprets maintenance as work that "keeps equipment working in its existing state, i.e., prevents its failure or decline." They generally considers replacement to be maintenance and improvement to be construction, but they take the scale and complexity of a project into account.

This means that in a field like property management, a worker would be governed by §1910 when they perform a plumbing repair, but §1926 when they renovate and upgrade a kitchen.

What are the Differences in the OSHA Standards for Construction and General Industry?

OSHA standards for Construction and General Industry basically redefine "the devil's in the details."

They often address the same hazards, but they require different solutions or metrics. The differences can seem nitpicky, which is why it's important to know whether you're performing maintenance or construction work.

Differences between OSHA 1910 and 1926 include:

• The height at which fall protection requirements kick in

• Confined space entry requirements, atmospheric monitoring methods, and permitting processes

• Personal protective equipment (PPE) standards

• Safety requirements for ladders

• The acceptable distance to eyewashing stations

• Specific illumination requirements for construction sites

• How quickly accident prevention signs need to be removed when a hazard is eliminated

How Are the Four Categories of Standards Related to the Types of OSHA Certification?

As we've said before, "certification" is not a term that OSHA is crazy about, but it's become common vernacular for OSHA's Outreach Training program.

Outreach courses are offered in two levels – a 30-hour course if you have supervisory responsibilities and a 10-hour course if you don't. Getting "OSHA certified" is sometimes required by employers in high-risk industries, and sometimes it's required by law.

Like OSHA standards, OSHA certification programs are also divided up by industry. The four categories of OSHA standards almost match up with the four types of OSHA certification, but not quite.

The four categories of OSHA standards are General Industry, Construction, Maritime, and Agriculture.

The four types of OSHA certification are General Industry, Construction, Maritime, and Disaster Site Worker.

OSHA doesn't manage an outreach training program for Agriculture. Even though it's considered separate within their standards, it's lumped in with General Industry for Outreach Training purposes. It's mostly about demand. OSHA does provide resources for agriculture safety training on their website, and you can find the occasional General Industry course that is tailored to agricultural work.

Meanwhile, OSHA has an outreach training program for disaster site workers even though there's no separate standard for the work. Disaster site worker training is designed for "workers who provide skilled support (e.g. utility, demolition, debris removal, or heavy equipment operation) or clean-up services in response to natural and man-made disasters."

Disaster sites have unique hazards and workers need to be trained about them ahead of time, so OSHA designed a special training program. A separate standard isn't necessary, though, because the relevant hazards and precautions are mostly covered under OSHA 1910 and 1926.

Which OSHA 10 or OSHA 30 Should You Take?

With all the overlap, sometimes it can be tough to know which OSHA 10 or which OSHA 30 to take.

The best way is probably to ask your current or prospective employer, but if that's not practical, consider which type of work you'll spend the majority of your time on. If you'll spend most of your time on construction work, you need Construction Outreach. If it's not, then you probably need General Industry.

Either way, we recommend an online course with an OSHA-authorized provider like us. It's convenient, self-paced, and cost-effective. Enroll today!