1926.28: Duty to Require Personal Protective Equipment
Construction employers must require workers to wear the right personal protective equipment in any operation where they are exposed to hazardous conditions, or where OSHA's construction rules call for it to reduce hazards. The rules on choosing, using and maintaining protective and lifesaving equipment are found in Subpart E of Part 1926.
Key takeaways
- 1926.28 is part of OSHA's construction standards (29 CFR Part 1926, Subpart C).
- OSHA cited it 146 times in the last 3 years, in 146 inspections, with $464,653 in current penalties.
- 2 deaths are linked to inspections that cited this rule.
- Most citations: TX (22), FL (14), PR (13).
- Most-cited part: 1926.28(a) (146 citations).
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In this article
What this rule covers
29 CFR 1926.28, "Personal protective equipment", is an OSHA construction standard (Part 1926, Subpart C). It has 2 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 1926.28 (2 paragraphs)
(a) The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees. Open (a) 146 citations
(b) Regulations governing the use, selection, and maintenance of personal protective and lifesaving equipment are described under subpart E of this part.
Source: eCFR, text current as of 2026-10-15.
Export the list: 146 inspections cited 1926.28 in the last 3 years, with employer, location, penalty and date.
Purple Belt, $59/moInjuries linked to this rule
2 deaths are linked to inspections where OSHA cited 1926.28.
At 12:40 p.m. on June 20, 2024, Employee #1, an excavator operator, had just finished benching a hillside and was descending when the dirt caved in, causing the excavator to flip. The operator became trapped in the cage of the John Deere135G Hydraulic Excavator. The…
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 | 10 |
| 2024 | 41 |
| 2025 | 62 |
| 2026 | 33 |
Top states: TX (22), FL (14), PR (13), MI (12), PA (11)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| 106261 - THE ELECTRIC GUYS INC | LAKEVILLE, MN | $25,000 |
| ALASKA DIRECTIONAL, LLC | PALMER, AK | $16,550 |
| 107626 - RESA POWER LLC | BAXTER, MN | $15,625 |
| TROY CONSTRUCTION LLC | CAMERON, LA | $13,240 |
| PHILLIPS POWER, LLC | CHERRY VALLEY, AR | $13,240 |
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OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.28.
Most-cited parts of this rule
- 1926.28(a) 146 citations
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Frequently asked questions
Who is responsible for making sure workers wear PPE on a construction site?
The employer. Under 1926.28 the employer must require the wearing of appropriate PPE wherever workers are exposed to hazardous conditions.
When is PPE required under 1926.28?
In all operations where there is exposure to hazardous conditions, or where Part 1926 says such equipment is needed to reduce hazards.
Where are the detailed PPE rules for construction?
Subpart E of Part 1926 covers the use, selection and maintenance of personal protective and lifesaving equipment.
About this page
Sources
- 29 CFR 1926.28 (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.