- Standard Number:
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 https://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of August 23, 1958 (33 U.S.C. 941) and the National Foundation on Arts and Humanities Act (30 U.S.C. 951 et seq.)are superseded on the effective date of corresponding standards issued under the laws listed in this paragraph and in effect on or after the effective date of this Act shall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.