1926.16: Prime Contractor and Subcontractor Responsibility
The prime contractor assumes all employer obligations under the construction standards for the contract, whether or not work is subcontracted, and is never relieved of overall responsibility. Subcontractors are responsible for their portion of the work, and for subcontracted work the prime and subcontractors share joint responsibility.
Key takeaways
- 1926.16 is part of OSHA's construction standards (29 CFR Part 1926, Subpart B).
- OSHA cited it 2 times in the last 3 years, in 2 inspections, with $4,000 in current penalties.
- Most-cited part: 1926.16(a).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.16, "Rules of construction", is an OSHA construction standard (Part 1926, Subpart B). It has 4 numbered paragraphs. 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
Show the full text of 1926.16 (4 paragraphs)
(a) The prime contractor and any subcontractors may make their own arrangements with respect to obligations which might be more appropriately treated on a jobsite basis rather than individually. Thus, for example, the prime contractor and his subcontractors may wish to make an express agreement that the prime contractor or one of the subcontractors will provide all required first-aid or toilet facilities, thus relieving the subcontractors from the actual, but not any legal, responsibility (or, as the case may be, relieving the other subcontractors from this responsibility). In no case shall the prime contractor be relieved of overall responsibility for compliance with the requirements of this part for all work to be performed under the contract. Open (a)
(b) By contracting for full performance of a contract subject to section 107 of the Act, the prime contractor assumes all obligations prescribed as employer obligations under the standards contained in this part, whether or not he subcontracts any part of the work. 1 citations
(c) To the extent that a subcontractor of any tier agrees to perform any part of the contract, he also assumes responsibility for complying with the standards in this part with respect to that part. Thus, the prime contractor assumes the entire responsibility under the contract and the subcontractor assumes responsibility with respect to his portion of the work. With respect to subcontracted work, the prime contractor and any subcontractor or subcontractors shall be deemed to have joint responsibility.
(d) Where joint responsibility exists, both the prime contractor and his subcontractor or subcontractors, regardless of tier, shall be considered subject to the enforcement provisions of the Act. 1 citations
Source: eCFR, text current as of 2026-10-15.
Where and how often it was cited
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OSHA interpretation letters
- Application of OSH Act and Multi-employer Citation Policy rather than CWHSSA to ensure subcontractors meet construction occupational safety and health responsibilities. (2005-03-15)
- Determining the controlling employer with the role of providing general supervisory authority when using multi-employer two-step analysis citation policy. (2001-12-13)
- Numerous clarifications regarding underground construction;variances; joint ventures. (1998-05-28)
- Fall protection during steel erection and the application to the construction industry. (1992-09-18)
- Construction multi-employer worksites. (1990-08-31)
- "Construction work" means work for construction, alteration, and/or repair, including painting and decorating. (1978-06-06)
Most-cited parts of this rule
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Frequently asked questions
Can the prime contractor hand off all safety responsibility?
No. In no case shall the prime contractor be relieved of overall responsibility for compliance.
What is a subcontractor responsible for?
Complying with the standards for the part of the contract it agrees to perform.
Can contractors share facilities like first aid?
Yes. They may agree that one will provide facilities such as first aid or toilets, but the prime contractor keeps overall responsibility.
About this page
Sources
- 29 CFR 1926.16 (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 2026-10-20
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.