OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

August 26, 1985

MEMORANDUM FOR:     GERALD P. REIDY
                    Regional Administrator

From:               JOHN B. MILES, JR., Director 
                    Directorate of Field Operations

SUBJECT:            Citing 29 CFR 1926.20 and 21 for
                    contractors or subcontractors or 
                    subcontractors that do not have 
                    Federal contributions

Section 4(b)(2) of the Occupational Safety and Health Act of 1970 provides the applicability of the Act as follows:

"The safety and health standards promulgated under the Act of June 30, 1936, commonly known as the Walsh-Healey Act (41 U.S.C. 35 et seq.), the service Contract Act of 1965 (41 U.S.C. 351 et seq.), Public Law 91-54, Act of August 9, 1969 (40 U.S.C. 333), Public Law 85-742, Act of August 23, 1958 (33 U.S.C. 941) and the National Foundation on Arts and Humanities Act (30 U.S.C. 951 et seq.)are superseded on the effective date of corresponding standards issued under the laws listed in this paragraph and in effect on or after the effective date of this Act shall be deemed to be occupational safety and health standards issued under this Act, as well as under such other Acts."

 

Therefore, Area offices can cite 29 CFR 1926.20 and 21 for contractors or subcontractors that do not have Federal contributions.