1926.21(b): Construction safety training: employer responsibility
Construction employers must instruct each employee in recognizing and avoiding unsafe conditions and in the regulations that apply to their work. Workers who handle poisons, caustics or other harmful substances must be taught safe handling, the hazards, personal hygiene and protective measures. Where harmful plants or animals are present, exposed workers must learn the hazards, how to avoid injury and the first aid to use. Workers who handle flammable liquids, gases or toxic materials must be trained in safe handling and the requirements that apply to them.
Key takeaways
- 1926.21(b) is part of OSHA's construction standards (29 CFR Part 1926, Subpart C).
- OSHA cited it 1,507 times in the last 3 years, in 1,486 inspections, with $6,868,211 in current penalties.
- 90 deaths are linked to inspections that cited this rule.
- Most citations: TX (151), MA (122), IL (120).
- Related part: 1926.21(b)(2) (1,490 citations).
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In this article
What this rule covers
29 CFR 1926.21(b) ("Employer responsibility") is one requirement inside 1926.21 Safety training and education, an OSHA construction standard (Part 1926, Subpart C). It includes 5 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) Employer responsibility. 1,507 citations
(1) The employer should avail himself of the safety and health training programs the Secretary provides. 7 citations
(2) The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury. Open (b)(2) 1,490 citations
(3) Employees required to handle or use poisons, caustics, and other harmful substances shall be instructed regarding the safe handling and use, and be made aware of the potential hazards, personal hygiene, and personal protective measures required. 2 citations
(4) In job site areas where harmful plants or animals are present, employees who may be exposed shall be instructed regarding the potential hazards, and how to avoid injury, and the first aid procedures to be used in the event of injury. 1 citations
(5) Employees required to handle or use flammable liquids, gases, or toxic materials shall be instructed in the safe handling and use of these materials and made aware of the specific requirements contained in subparts D, F, and other applicable subparts of this part. 6 citations
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 80 FR 25518, May 4, 2015]
Source: eCFR, text current as of 2026-10-15. Read all of 1926.21.
Injuries linked to this rule
90 deaths are linked to inspections where OSHA cited 1926.21(b).
At 11:30 a.m. on February 28, 2025, Employee #1 and Employee #2 and Coworker #1 and Coworker #2 , were applying CTS Cement Rapid Set Mortar Mix on an exposed fieldstone foundation wall to reinforce the deteriorating wall. The crew was working inside a trench…
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 | 111 |
| 2024 | 565 |
| 2025 | 520 |
| 2026 | 311 |
Top states: TX (151), MA (122), IL (120), NY (100), OH (87)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| SOUND CONSTRUCTION INC. | STAMFORD, CT | $331,028 |
| MOHAWK NORTHEAST, INC. | NEW BEDFORD, MA | $80,000 |
| NORRIS BROS. EXCAVATING LLC | MAYNARDVILLE, TN | $70,000 |
| QUALITY 1ST BASEMENT SYSTEMS, INC. | CATONSVILLE, MD | $49,500 |
| BOSTON WATERPROOFING & CONSTRUCTION CORP. | ARLINGTON, MA | $48,393 |
Free toolbox talk
A 5-minute crew talk on 1926.21(b), plus alerts when this rule changes. Free.
OSHA interpretation letters
- OSHA requirements for individuals interested in employment as Heavy Equipment Operator. (2016-07-14)
- Application of the multi-employer policy to particular construction standards. (2012-02-06)
- English language proficiency at construction sites. (2010-07-26)
- Re-qualification requirements for mobile crane operators engaged in construction work. (2008-11-21)
- OSHA training Standards Policy Statement. (2007-04-17)
- Training requirements for powder-actuated tools under §1926.302(e). (2006-03-10)
- OSHA requirements applicable to use of the Contex "Magic Arm" below-the-hook lifting device. (2006-01-25)
- Whether gas-actuated fastening tools require the same individual training for each model as powder-actuated fastening tools. (2005-12-21)
- Emergency medical services on construction sites (2005-03-02)
- Powered Industrial Truck 1910.178(l) training requirements applicable to construction; training for skid-steer loader operators. (2004-11-05)
- Necessary precautions required to prevent entry into a swinging superstructure's radius. (2003-01-16)
- HAZWOPER safety and health plan requirements for Phase I and Phase II environmental assessments. (2002-09-26)
- Exclusive use of videotape training for construction workers. (1999-08-03)
- Policy for descent control devices used in construction. (1998-11-09)
- Safety procedures associated with the use of wheel or track propelled excavators. (1994-02-23)
- Necessary training for laser equipment operators. (1992-09-21)
Related parts of this rule
- 1926.21(b)(2) 1,490 citations
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Frequently asked questions
Does OSHA require general safety training in construction?
Yes. The employer must instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to their work environment.
Are poison ivy and snakes covered?
Yes. Where harmful plants or animals are present, exposed employees must be instructed on the hazards, how to avoid injury and first aid procedures.
About this page
Sources
- 29 CFR 1926.21 (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.