1926.404(b)(1): Ground-Fault Protection on Construction Sites
Construction employers must protect workers using either ground-fault circuit interrupters or an assured equipment grounding conductor program. Temporary 120-volt, single-phase, 15- and 20-amp receptacles in use by employees need approved GFCIs, except listed small generators, and an assured grounding program must have a written description at the jobsite and a designated competent person.
Key takeaways
- 1926.404(b)(1) is part of OSHA's construction standards (29 CFR Part 1926, Subpart K).
- OSHA cited it 137 times in the last 3 years, in 136 inspections, with $231,471 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: PR (30), NY (12), IL (10).
- Related part: 1926.404(b) Branch circuits (138 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.404(b)(1) ("Ground-fault protection") is one requirement inside 1926.404 Wiring design and protection, an OSHA construction standard (Part 1926, Subpart K). It includes 10 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
(1) Ground-fault protection — 137 citations
(i) General. The employer shall use either ground fault circuit interrupters as specified in paragraph (b)(1)(ii) of this section or an assured equipment grounding conductor program as specified in paragraph (b)(1)(iii) of this section to protect employees on construction sites. These requirements are in addition to any other requirements for equipment grounding conductors. Open (b)(1)(i) 41 citations
(ii) Ground-fault circuit interrupters. All 120-volt, single-phase, 15- and 20-ampere receptacle outlets on construction sites, which are not a part of the permanent wiring of the building or structure and which are in use by employees, shall have approved ground-fault circuit interrupters for personnel protection. Receptacles on a two-wire, single-phase portable or vehicle-mounted generator rated not more than 5kW, where the circuit conductors of the generator are insulated from the generator frame and all other grounded surfaces, need not be protected with ground-fault circuit interrupters. Open (b)(1)(ii) 50 citations
(iii) Assured equipment grounding conductor program. The employer shall establish and implement an assured equipment grounding conductor program on construction sites covering all cord sets, receptacles which are not a part of the building or structure, and equipment connected by cord and plug which are available for use or used by employees. This program shall comply with the following minimum requirements: Open (b)(1)(iii) 42 citations
(A) A written description of the program, including the specific procedures adopted by the employer, shall be available at the jobsite for inspection and copying by the Assistant Secretary and any affected employee.
(B) The employer shall designate one or more competent persons (as defined in § 1926.32(f)) to implement the program.
(C) Each cord set, attachment cap, plug and receptacle of cord sets, and any equipment connected by cord and plug, except cord sets and receptacles which are fixed and not exposed to damage, shall be visually inspected before each day's use for external defects, such as deformed or missing pins or insulation damage, and for indications of possible internal damage. Equipment found damaged or defective shall not be used until repaired. Open (b)(1)(iii)(c) 42 citations
(D) The following tests shall be performed on all cord sets, receptacles which are not a part of the permanent wiring of the building or structure, and cord- and plug-connected equipment required to be grounded: Open (b)(1)(iii)(d)
(1) All equipment grounding conductors shall be tested for continuity and shall be electrically continuous.
(2) Each receptacle and attachment cap or plug shall be tested for correct attachment of the equipment grounding conductor. The equipment grounding conductor shall be connected to its proper terminal.
(E) All required tests shall be performed: Open (b)(1)(iii)(e)
(1) Before first use;
(2) Before equipment is returned to service following any repairs;
(3) Before equipment is used after any incident which can be reasonably suspected to have caused damage (for example, when a cord set is run over); and
(4) At intervals not to exceed 3 months, except that cord sets and receptacles which are fixed and not exposed to damage shall be tested at intervals not exceeding 6 months.
(F) The employer shall not make available or permit the use by employees of any equipment which has not met the requirements of this paragraph (b)(1)(iii) of this section.
(G) Tests performed as required in this paragraph shall be recorded. This test record shall identify each receptacle, cord set, and cord- and plug-connected equipment that passed the test and shall indicate the last date it was tested or the interval for which it was tested. This record shall be kept by means of logs, color coding, or other effective means and shall be maintained until replaced by a more current record. The record shall be made available on the jobsite for inspection by the Assistant Secretary and any affected employee. Open (b)(1)(iii)(g)
Source: eCFR, text current as of 2026-10-15. Read all of 1926.404.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1926.404(b)(1).
At 11:00 a.m. on July 28, 2024, an employee working as a construction laborer for a masonry contractor was core drilling a concrete floor. The employee's coredrill came into contact with electrical wiring. The employee was electrocuted and died.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 5 |
| 2024 | 63 |
| 2025 | 47 |
| 2026 | 22 |
Top states: PR (30), NY (12), IL (10), VA (10), IN (9)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| RFX2024XAM866X0034 - REFRIGERATION UNLIMITED, LLC | GOODYEAR, AZ | $16,131 |
| DEL VALLE GROUP, LLC. | SAN JUAN, PR | $11,333 |
| GENERA PR LLC | GUAYANILLA, PR | $7,000 |
| URX2024XAM866X0035 - ELEVEN WESTERN BUILDERS INC. | GOODYEAR, AZ | $6,452 |
| FUN CITY LLC | HARRISBURG, PA | $6,384 |
Free toolbox talk
A 5-minute crew talk on 1926.404(b)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Replacing electrical cords (2014-04-18)
- Whether extension cords may be repaired and returned to use. (2010-04-04)
- Application of 1926.404(b)(1) to 208-volt branch circuits; requirement for electrical subcontractor under 1926.404(b)(1) to provide ground-fault circuit interrupters on circuits used by other subcontractors (2005-03-22)
- Requirements of 1926.404(b)(1) application to 208-volt branch circuits; electrical subcontractor requirements under 1926.404(b)(1) to monitor other on-site subcontractors. (2005-02-07)
- CSHO use of external GFCI testers to enforce 29 CFR 1926.404(b)(1) (2003-07-09)
- Use of approved GFCI's that do not have open-neutral protection. (2003-07-07)
- Repair requirements for the cord plug (attachment plug) of double-insulated tools. (2003-05-19)
- Ground fault protection requirements for 120-volt and/or 240-volt circuits. (2002-05-15)
- GFCI and coverplate requirements in construction;use of fall arrest systems and scaffolding. (1999-10-14)
- Use of flexible cords for connection of appliances; scaffold base plates. (1998-07-20)
- Proper equipment for testing ground-fault circuit interrupters (GFCIs). (1993-12-09)
- Extension cord grounding continuity requirements. (1993-08-09)
- Ground fault protection for a construction job-site trailer. (1993-02-16)
- Ground-fault protection for branch circuits. (1992-09-17)
- Requirements for cord sets connected to permanent wiring. (1992-04-15)
- Ground Fault Circuit Interrupter Information (1992-02-10)
- Information on ground fault circuit Interrupters (1992-02-04)
- Extension Cords Connected to Permanent Wiring of a Construction Site Building (1991-04-18)
- Marking recognition, regulations and policy of double insulated power tools (1985-11-08)
Related parts of this rule
- 1926.404(b) Branch circuits 138 citations
- 1926.404(b)(1)(ii) Ground-fault circuit interrupters 50 citations
- 1926.404(b)(1)(iii)(C) 42 citations
- 1926.404(b)(1)(iii) Assured equipment grounding conductor program 42 citations
- 1926.404(b)(1)(i) General 41 citations
- 1926.404(b)(2) Outlet devices 1 citations
- 1926.404(b)(1)(iii)(G)
- 1926.404(b)(1)(iii)(E)
- 1926.404(b)(1)(iii)(D)
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
Do temporary outlets on a construction site need GFCIs?
Yes. All 120-volt, single-phase, 15- and 20-ampere receptacles in use by employees that are not part of permanent wiring need approved GFCIs, unless the employer uses an assured grounding program.
Is there an exception for generators?
Receptacles on a two-wire, single-phase portable or vehicle-mounted generator rated not more than 5kW, with conductors insulated from the frame and grounded surfaces, need not have GFCIs.
What must an assured grounding program include?
A written description kept at the jobsite and one or more designated competent persons to implement it, plus the other minimum requirements in the rule.
About this page
Sources
- 29 CFR 1926.404 (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.
