1926.20(b): Construction accident prevention program and inspections
Construction employers are responsible for starting and keeping up the safety programs needed to comply with OSHA's construction standards. Those programs must include frequent and regular inspections of job sites, materials and equipment by competent persons the employer designates. Any machine, tool, material or equipment that does not comply must be tagged or locked out as unsafe or removed from use, and only employees qualified by training or experience may operate equipment and machinery.
Key takeaways
- 1926.20(b) is part of OSHA's construction standards (29 CFR Part 1926, Subpart C).
- OSHA cited it 3,843 times in the last 3 years, in 3,235 inspections, with $13,241,026 in current penalties.
- 51 deaths are linked to inspections that cited this rule.
- Most citations: MD (843), IL (454), OH (403).
- Related part: 1926.20(b)(2) (2,605 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.20(b) ("Accident prevention responsibilities") is one requirement inside 1926.20 General safety and health provisions, an OSHA construction standard (Part 1926, Subpart C). It includes 4 sub-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
(b) Accident prevention responsibilities. 3,843 citations
(1) It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part. Open (b)(1) 1,169 citations
(2) Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers. Open (b)(2) 2,605 citations
(3) The use of any machinery, tool, material, or equipment which is not in compliance with any applicable requirement of this part is prohibited. Such machine, tool, material, or equipment shall either be identified as unsafe by tagging or locking the controls to render them inoperable or shall be physically removed from its place of operation. Open (b)(3) 12 citations
(4) The employer shall permit only those employees qualified by training or experience to operate equipment and machinery. Open (b)(4) 57 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.20.
Injuries linked to this rule
51 deaths are linked to inspections where OSHA cited 1926.20(b).
The employee was operating a rubber-tired roller and assisting with the construction of a road into the site. The employee jumped from the roller when it went off the road surface. The roller struck the employee as it rolled on its side causing multiple fatal…
Full case list with employer, penalty, filters and download is part of OSHA Data (Purple Belt).
Unlock with Purple BeltWhere and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 272 |
| 2024 | 1,448 |
| 2025 | 1,291 |
| 2026 | 832 |
Top states: MD (843), IL (454), OH (403), MA (268), PA (227)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| ALASKA DIRECTIONAL, LLC | PALMER, AK | $165,514 |
| THOMAS BUILDERS OF VIRGINIA, INC. | ROANOKE, VA | $153,742 |
| AMAZING METAL ROOFING, INC. | ROSLINDALE, MA | $68,754 |
| BCG CONTRACTOR CORP | PHILADELPHIA, PA | $53,232 |
| GRABER & SONS CONSTRUCTION, LLC | SAVOY, IL | $52,021 |
Free toolbox talk
A 5-minute crew talk on 1926.20(b), plus alerts when this rule changes. Free.
OSHA interpretation letters
- General requirements that applies to workers who drive heavy trucks and other commercial motor vehicles CMV on construction sites (2015-04-15)
- Application of the multi-employer policy to particular construction standards. (2012-02-06)
- Whether electric hand tools disassembled and deemed irreparable by a tool repair service are required to be returned disassembled. (2009-03-16)
- Re-qualification requirements for mobile crane operators engaged in construction work. (2008-11-21)
- Re: Application of OSHA's de minimis policy to the requirements of 29 CFR 1926.452(o)(3) and 29 CFR 1926.552(c)(1) - 1926.552(c)(4), 1926.552(c)(8), 1926.552(c)(13), 1926.552(c)(14)(i), and 1926.552(c)(16) regarding certain chimney construction work. (2007-02-08)
- OSHA requirements applicable to use of the Contex "Magic Arm" below-the-hook lifting device. (2006-01-25)
- Powered Industrial Truck 1910.178(l) training requirements applicable to construction; training for skid-steer loader operators. (2004-11-05)
- Inspection, testing, and operation requirements for Woltman PVE 5021S pile driving equipment. (2004-02-19)
- Policy for descent control devices used in construction. (1998-11-09)
- The assessment of craft technical skills. (1996-01-19)
- Information on ground fault circuit Interrupters (1992-02-04)
- The role of self-audits in safety and health programs (1991-10-22)
Related parts of this rule
- 1926.20(b)(2) 2,605 citations
- 1926.20(b)(1) 1,169 citations
- 1926.20(b)(4) 57 citations
- 1926.20(b)(3) 12 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
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Frequently asked questions
Who must inspect a construction job site?
Competent persons designated by the employer, who make frequent and regular inspections of the job site, materials and equipment.
What do we do with equipment that is not compliant?
Its use is prohibited. Identify it as unsafe by tagging or locking the controls so it cannot run, or physically remove it from its place of operation.
Who can operate equipment and machinery?
Only employees qualified by training or experience.
About this page
Sources
- 29 CFR 1926.20 (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.