1926.20(b)(3): Tag Out or Remove Unsafe Equipment
Employers must not allow use of any machinery, tool, material or equipment that does not meet the construction standards. Such items must either be identified as unsafe by tagging or locking the controls to make them inoperable, or be physically removed from the place of operation.
Key takeaways
- 1926.20(b)(3) is part of OSHA's construction standards (29 CFR Part 1926, Subpart C).
- OSHA cited it 12 times in the last 3 years, in 12 inspections, with $76,753 in current penalties.
- Most citations: MA (2), PA (2), VA (2).
- Related part: 1926.20(b) Accident prevention responsibilities (3,845 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.20(b)(3) is one requirement inside 1926.20 General safety and health provisions, 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
(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. 12 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.20.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 6 |
| 2025 | 3 |
| 2026 | 2 |
Top states: MA (2), PA (2), VA (2), WI (1), NY (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| DIRT DADDY, LLC | BIXBY, OK | $33,103 |
| JR RAMON, LLC | MARION, TX | $14,518 |
| MAVID CONSTRUCTION SERVICES | GREEN BAY, WI | $6,641 |
| EM STEEL CONSTRUCTION, LLC | CLIFTON PARK, NY | $6,452 |
| MASSARO CORPORATION | OIL CITY, PA | $5,000 |
Free toolbox talk
A 5-minute crew talk on 1926.20(b)(3), plus alerts when this rule changes. Free.
OSHA interpretation letters
Related parts of this rule
- 1926.20(b) Accident prevention responsibilities 3,845 citations
- 1926.20(b)(2) 2,606 citations
- 1926.20(b)(1) 1,170 citations
- 1926.20(b)(4) 57 citations
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
Can noncompliant tools be used on a construction site?
No. Use of any machinery, tool, material or equipment not in compliance is prohibited.
What must be done with unsafe equipment?
Tag it or lock its controls to make it inoperable, or physically remove it.
Does this apply to materials too?
Yes. It covers machinery, tools, materials and equipment.
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 2026-10-19
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.