1926.55(b): Controls for Construction Air Contaminants
To keep exposures within limits, employers must first use administrative or engineering controls whenever feasible. When those cannot fully do the job, protective equipment or other measures must be used, approved for each use by a competent industrial hygienist or other technically qualified person. Any respirator use must follow 1926.103.
Key takeaways
- 1926.55(b) is part of OSHA's construction standards (29 CFR Part 1926, Subpart D).
- OSHA cited it 27 times in the last 3 years, in 27 inspections, with $25,620 in current penalties.
- Most citations: TN (4), WI (3), ND (3).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.55(b) is one requirement inside 1926.55 Gases, vapors, fumes, dusts, and mists, an OSHA construction standard (Part 1926, Subpart D). 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) To achieve compliance with paragraph (a) of this section, administrative or engineering controls must first be implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and technical measures used for this purpose must first be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with § 1926.103. 27 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.55.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 3 |
| 2024 | 11 |
| 2025 | 7 |
| 2026 | 6 |
Top states: TN (4), WI (3), ND (3), PA (2), CT (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| MICHELS MARINE, A DIVISION OF MICHELS CONSTRUCTION, INC. | IRMA, WI | $14,063 |
| 156214 - G.W. LILES CONSTRUCTION COMPANY, INC. | CHARLOTTE, NC | $4,687 |
| 156211 - CUSTOM DEMO - DISMANTLING LLC | CHARLOTTE, NC | $2,500 |
| PREMIER BASEMENT SOLUTIONS & REMODELING, LLC | MERIDEN, CT | $2,420 |
| BROWNING CHAPMAN LLC | NEW ALBANY, IN | $1,950 |
Free toolbox talk
A 5-minute crew talk on 1926.55(b), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.55(b).
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
What comes first in controlling air contaminants?
Administrative or engineering controls, whenever feasible.
When can protective equipment be used?
When administrative or engineering controls are not feasible to achieve full compliance.
Who must approve the equipment and measures?
A competent industrial hygienist or other technically qualified person, for each particular use.
About this page
Sources
- 29 CFR 1926.55 (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.