1926.28(a): Employer Must Require Appropriate PPE
Construction employers must require workers to wear appropriate personal protective equipment in every operation where they are exposed to hazardous conditions. PPE is also required wherever OSHA's construction rules say it is needed to reduce hazards to workers.
Key takeaways
- 1926.28(a) is part of OSHA's construction standards (29 CFR Part 1926, Subpart C).
- OSHA cited it 145 times in the last 3 years, in 145 inspections, with $477,792 in current penalties.
- 2 deaths are linked to inspections that cited this rule.
- Most citations: TX (22), PR (14), FL (12).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.28(a) is one requirement inside 1926.28 Personal protective equipment, an OSHA construction standard (Part 1926, Subpart C). 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
(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. 145 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.28.
Injuries linked to this rule
2 deaths are linked to inspections where OSHA cited 1926.28(a).
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 | 12 |
| 2024 | 41 |
| 2025 | 61 |
| 2026 | 31 |
Top states: TX (22), PR (14), FL (12), PA (11), MI (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 |
| CIRACO UNDERGROUND, INC. | MINNEOLA, FL | $16,550 |
| 107626 - RESA POWER LLC | BAXTER, MN | $15,625 |
| TROY CONSTRUCTION LLC | CAMERON, LA | $13,240 |
Free toolbox talk
A 5-minute crew talk on 1926.28(a), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Determining the need for hard hat and eye protection on construction sites. (2004-11-17)
- Clarification as to whether operators of mobile cranes with operator cabs are subject to seat belt requirements. (2004-01-27)
- Requirement to use seat belts during the operation of earthmoving equipment. (2003-12-15)
- Clarification of 1926.28(a) as to whether an orange vest constitutes personal protective equipment. (1984-07-23)
- Standards for falling hazards less than 25 feet. (1983-10-04)
- A shirt would be considered personal protective equipment in the same manner as goggles, hard hats, or respirators. (1975-09-18)
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
Does the employer only have to provide PPE, or also require it?
Under 1926.28(a) the employer is responsible for requiring the wearing of appropriate PPE, not just having it available.
What triggers the PPE requirement in 1926.28(a)?
Exposure to hazardous conditions, or a part of the construction rules that says PPE is needed to reduce hazards.
Does this rule list specific types of PPE?
No. It sets the general duty to require appropriate PPE; the specific equipment depends on the hazard and other rules in Part 1926.
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 2026-10-20
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.