29 CFR 1926.16: Rules of construction
The official text is on the eCFR. Below: how the section is organized, the paragraphs our CHST questions are built on, and free questions to try.
Quoted from the eCFR, current as of 2026-10-14; last amended 2016-09-01.
How 29 CFR 1926.16 is organized
- (a)1 paragraph
- (b)1 paragraph
- (c)1 paragraph
- (d)1 paragraph
Paragraphs our practice questions cite most
Counted across the 5 live PassCited questions on this section: our bank, not the real exam.
“(a) The prime contractor and any subcontractors may make their own arrangements with respect to obligations which might be more appropriately treated on a jobsite basis rather than individually. Thus, for example, the prime contractor and his subcontractors may wish to make an express agreement that the prime contractor or one of the subcontractors will provide all required first-aid or toilet facilities, thus relieving the subcontractors from the actual, but not any legal, responsibility (or, as the case may be, relieving the other subcontractors from this responsibility). In no case shall th…”
“(d) Where joint responsibility exists, both the prime contractor and his subcontractor or subcontractors, regardless of tier, shall be considered subject to the enforcement provisions of the Act.”
“(c) To the extent that a subcontractor of any tier agrees to perform any part of the contract, he also assumes responsibility for complying with the standards in this part with respect to that part. Thus, the prime contractor assumes the entire responsibility under the contract and the subcontractor assumes responsibility with respect to his portion of the work. With respect to subcontracted work, the prime contractor and any subcontractor or subcontractors shall be deemed to have joint responsibility.”
Free practice questions on 29 CFR 1926.16
Question 1
A prime contractor hires a mechanical subcontractor. That subcontractor then hires a second-tier insulation company to do part of its work. An OSHA compliance officer finds a violation of a construction standard in the insulation crew's work area. Who can be subject to the enforcement provisions of the OSH Act for that violation?
Show answer and source
Answer: B. The prime contractor and the subcontractors, regardless of tier, because they share joint responsibility for the subcontracted work
OSHA's construction rules on contractor responsibility say that where joint responsibility exists, the prime contractor and the subcontractors, regardless of tier, are subject to enforcement. Limiting it to the insulation company, the prime contractor, or the first-tier subcontractor ignores that responsibility is shared across all tiers.
Answer B rests on
29 CFR 1926.16(d)(opens ecfr.gov in a new tab)“Where joint responsibility exists, both the prime contractor and his subcontractor or subcontractors, regardless of tier, shall be considered subject to the enforcement provisions of the Act.”
Question 2
A prime contractor hires a concrete subcontractor for a building project. The concrete subcontractor then hires a formwork company as a second-tier subcontractor. During an inspection, the formwork crew is found violating a construction standard on its own portion of the work. Which statement best describes who is subject to enforcement under the Act?
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Answer: C. The prime contractor and the subcontractors, including the second-tier formwork company, because responsibility is joint regardless of tier
OSHA's construction rule on contractor responsibility says that where joint responsibility exists, the prime contractor and its subcontractors, regardless of tier, are subject to enforcement. Naming only the formwork company ignores the prime's joint duty. Naming only the prime ignores the subs' duties. Stopping at the first tier contradicts "regardless of tier."
Answer C rests on
29 CFR 1926.16(d)(opens ecfr.gov in a new tab)“Where joint responsibility exists, both the prime contractor and his subcontractor or subcontractors, regardless of tier, shall be considered subject to the enforcement provisions of the Act.”
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A study aid, not legal advice or an official interpretation. Always check the current eCFR text.