1926.1052(b)(1): No Walking on Unfilled Pan Stairs
Except during stairway construction, employers must not allow foot traffic on pan stairs whose treads or landings will be filled with concrete or other material later, unless the stairs are temporarily fitted with wood or other solid material at least to the top edge of each pan. These temporary treads must be replaced when worn below the top edge of the pan.
Key takeaways
- 1926.1052(b)(1) is part of OSHA's construction standards (29 CFR Part 1926, Subpart X).
- OSHA cited it 22 times in the last 3 years, in 22 inspections, with $52,256 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: TN (8), NJ (8), MN (3).
- Related part: 1926.1052(b) Temporary service (58 citations).
- Free 5-minute toolbox talk for your crew below.
Get the free 5-minute toolbox talk on 1926.1052(b)(1) ↓
In this article
What this rule covers
29 CFR 1926.1052(b)(1) is one requirement inside 1926.1052 Stairways, an OSHA construction standard (Part 1926, Subpart X). The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(1) Except during stairway construction, foot traffic is prohibited on stairways with pan stairs where the treads and/or landings are to be filled in with concrete or other material at a later date, unless the stairs are temporarily fitted with wood or other solid material at least to the top edge of each pan. Such temporary treads and landings shall be replaced when worn below the level of the top edge of the pan. 22 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1052.
Export the list: 22 inspections cited 1926.1052(b)(1) in the last 3 years, with employer, location, penalty and date.
Purple Belt, $59/moInjuries linked to this rule
1 death is linked to inspections where OSHA cited 1926.1052(b)(1).
At 9:00 a.m. on November 11, 2023, Employee #1 was working for a general contractor. Employee #1 was moving a wall panel rigged onto knuckle crane into new position. Employee #1 fell from 5th floor onto the deck below. Employee #1 suffered a fatality from…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 2 |
| 2024 | 17 |
| 2025 | 3 |
Top states: TN (8), NJ (8), MN (3), NY (2), IA (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| MR. CONCRETE CORP. | JERSEY CITY, NJ | $7,646 |
| PROBUILD, LLC | MARION, IA | $4,688 |
| THE PHOENIX ON MAIN URBAN RENEWAL LLC | HACKENSACK, NJ | $4,148 |
| SYSTEMS INTEGRATED GROUP LLC | BRONX, NY | $4,000 |
| SPAXEL BUILDERS LLC | BRONX, NY | $4,000 |
Free toolbox talk
A 5-minute crew talk on 1926.1052(b)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.1052(b)(1).
Related parts of this rule
- 1926.1052(b) Temporary service 58 citations
- 1926.1052(b)(3) 31 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
Can workers use pan stairs before they are filled?
Not unless temporarily fitted with wood or other solid material at least to the top edge of each pan, except during stairway construction.
When must temporary treads be replaced?
When worn below the level of the top edge of the pan.
Does this apply to landings?
Yes, treads and landings are both covered.
About this page
Sources
- 29 CFR 1926.1052 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-11-06
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.