What is the difference between 29 CFR 1910 and 1926?

Published hard copies of CFR (Code of Federal Regulation) are useful to have in the field or on the floor. They work well as a quick reference to identify and cite potential OSHA violations or as a guide to spot areas where worker protections could be improved while crafting updated safety plans and avoiding costly fines.

A published CFR is only as useful as its contents remain relevant. Edits are made to the codification of rules in the Federal Register frequently. Some of the changes are small—clarifications, small tweaks to tables, editing for conciseness—but ultimately do not modify the rule in a significant way.

However, critical updates and major changes to rules do occur with relative frequency. If your print copy of 29 CFR 1910 or 20 CFR 1926 hasn’t been updated in a while, you may be missing crucial information.

We know that comparing everything that has changed can be a challenge. That’s why we’re here to make checking this round of CFR updates simple. This guide will cover and summarize only major changes from January 1, 2018, to December 31, 2020.

Changes to 29 CFR 1910 Occupational Health and Safety Standards for General Industry in 2018 – 2020

§1910.134 Respiratory protection

Several key changes were made to the Respiratory Protection Standard that applies not only to general industry but also shipyards, marine terminals, long shoring, and construction. These changes add new sections C.4 and C.5, as well as Appendix A on Fit Testing Procedures.

2021 additions to 29 CFR 1910.134 Respiratory Protection Standard include:

• Updates to fit test exercises. Now, it is required for employers to perform fit tests for all methods listed in the appendix, except for the two modified ambient aerosol CNC quantitative fit testing protocol, CNP quantitative fit testing protocol and the CNP redon quantitative fit testing protocol. In regards to the two modified ambient aerosol CNC quantitative fit testing, they have their own exercises listed in Part I.C(4)b, Part I.C.5(b), or Part I.C.(6) for full or half-mask elastomeric respirators or for filtering facepiece respirators.
• A full protocol for Modified Ambient Aerosol CNC Quantitative Fit Testing Protocols for Full-Facepiece and Half-Mask Elastomeric Respirators is now included in Table A-1.
•  A full protocol for Modified Ambient Aerosol CNC Quantitative Fit Testing has been added to Table A-2.

§1910.1024 Beryllium

The beryllium standard for general industry was updated to better align the regulations with industry needs and the rules outlined in other beryllium standards like 1926.1124. The most recent updates are effective as of September 14, 2020.

Recent additions to 29 CFR 1910.1024 Beryllium Standard include:

• Defines beryllium sensitization, an immune response found in people who have been exposed to airborne beryllium that can lead to CBD (chronic beryllium disease).
• Updates the method of compliance to state more broadly “exposure” instead of “airborne exposure or dermal contact.”
• Personal protective equipment must now be removed once the worker has completed their beryllium-related task, not at the end of their shift.
• If employees have skin exposed to beryllium, they must wash the exposed skin at designated times.
• Personal protective equipment must have beryllium cleaned off as much as possible before entering or using an area where workers will be eating or drinking

Changes to 29 CFR 1926 General Industry in 2018 – 2020

§1926.1427 Cranes and Derricks in Construction Operator Qualifications

This major change was released in two parts with the qualifications and certifications going into effect December 10, 2018, and amendments (a) and (f) on evaluation and documentation requirements went into effect on February 7, 2019.

Updates for 2021 to 29 CFR 1926.1427 Cranes and Derricks in Construction Operator Qualifications Standard include:

• Crane certification is no longer by capacity, instead, it must be by type as defined by the accredited certifying organization.
• Employers must have all operators certified under new rules by December 10, 2018, at the employers’ expense.
• Certified operators must then be qualified on the equipment they use in their workplace, otherwise, they are considered an operator-in-training and cannot work without direct supervision from a qualified trainer.
• A qualified person must be either an employee or an agent of the employer with the knowledge and experience necessary to direct in-training operators.
• A qualified person must be in the field of vision and watch the operator-in-training closely.
• Evaluations are conducted to ensure the operator can perform work safely on their assigned equipment.
• Evaluations are conducted to ensure the operator has mastered all necessary knowledge, skills, and abilities to avert risks and safely perform work duties using their assigned equipment.

§1926.1124 Beryllium in Construction and Shipyards

The most recent changes to the rules for Beryllium in Construction went into effect on 9/30/2020, however, the standard has been updated several times since 2018, mostly for clarity and to better align with adjacent rules in 29 CFR 1910 General Industry.

Leading up to these rule changes, in 2017 OSHA published a rule about occupational exposure to beryllium and its compounds in the Federal Register that conclude it posed a significant risk to the health of workers with the potential to lead to lung disease or cancer when exposures went beyond permissible exposure limits (PELs). Contact with this material happens often in shipyards and during welding. The new rules set out to fit the needs of construction and shipyard workers specifically and align their standards to the general industry standards, as well as provide clarification.

Modifications to the 29 CFR 1926.1124 Beryllium in Construction and Shipyards Standard include:

• Specified definition of Beryllium sensitization, which is an immune response in people exposed to beryllium. While it is often symptomless it is the first step to developing CBD (chronic beryllium disease).
• Pulmonologists in CBD medical diagnostic centers are no longer required to be on-site, but simply on staff.
• The written exposure control plan for beryllium now must contain a list of operations and job titles who are expected to work with beryllium, engineering controls, means of protection from exposure, a list of PPE (personal protective equipment) used, as well as procedures for restricting access during work exposures, procedures to contain exposure and procedures for cleanup.
• Engineering rules have been simplified to state that engineers must be used by employers to reduce and maintain beryllium exposure below the TWA PEL and STEL unless provably unfeasible.
• In-writing notification of airborne exposure of beryllium to housekeeping staff is no longer required. Instead, in any operation that could result in airborne dust, the workers must be provided with personal protective equipment if it will result in airborne exposure above TWA PEL or STEL levels.
• When beryllium is disposed of or transported to another entity, written warnings are no longer required.
• Physician evaluations at CBD diagnostic centers must include tests for pulmonary function, bronchoalveolar lavage (BAL), and transbronchial biopsy if deemed necessary.
• Warning labels on containers contaminated with beryllium are no longer required.
• Employees now are only required to be trained in beryllium safety if they are reasonably thought to have airborne exposure—skin exposure is now excluded.

§1926.1400 Scope

This standard was updated with the new paragraph (18) which clarifies that flash-butt welding trucks that are not equipped with hoisting devices are defined as roadway maintenance machines and are used for railroad track work, as defined in 49 CFR 214.7.

Benefits and features of CFR books

Government agencies like OSHA must remain nimble to continue to improve processes that protect workers’ health and safety while balancing the needs of employers. So, when it comes to construction and general industry, the Code of Federal Regulations are known to change frequently.

Published CFR books from National Safety Compliance can help you stay informed on industry changes, within your work floor, construction site, or office and keeping your employees safe. These current publications are also an excellent guide for developing or updating your facility’s safety plan.

Our publications are released often and are designed to be user-friendly, with additional features to help you answer questions quickly and effectively.

Annual Updates and Corrections

Every change made to the CFR in the past few years is included in the front of the book, even if it is a minor grammatical change. This will help you quickly identify any standards that may need a refresher, retraining, or trigger a safety plan update.

Most Frequently Cited Standards

Our CFR books contain the most frequently cited standards from OSHA from the previous year. This can help you see where your industry peers may have gaps in their safety plans and check the standards against your facility’s practices.

This information is found prior to the start of each subpart.

Letters of Interpretation

Letters of Interpretation are an excellent resource that you may not normally be aware of. These letters are responses from OSHA to public questions about important topics like terminology, interpretation, and enforcement of particular laws. If there are Letters of Interpretation available to help clarify a standard, we include an icon in our book so you know to look it up on osha.gov

Additional Parts of Title 29 & General Duty

We include additional parts of Title 29 outside of 1910 and 1926 that are relevant to our users, such as Inspections, Citations, and Proposed Penalties from 29 CFR 1903 and CFR 1904 Recording and Reporting Occupational Injuries and Illnesses.

Also included for quick reference is the General Duty clause, which is OSHA’s catch-all for hazardous or dangerous situations in a workplace. If there isn’t a specific standard the violation falls under, it goes under General Duty.

The 2021 Edition of 29 CFR 1910 General Industry and 29 CFR 1926 Construction books from National Safety Compliance are available in print or digital PDF formats. To ensure your facility is always in compliance, protect your workers, and avoid costly fines, make sure safety management, supervisors, and human resources directors have easy access to the right training, materials, and resources to protect your workers and business.

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!