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Construction (29 CFR 1926)

Confined Spaces in Construction – Scope

Verified vs OSHA sources · 2026-10-05

29 CFR 1926.1201

29 CFR 1926.1201 is the scope section of Subpart AA: Confined Spaces in Construction. It establishes that the standard sets forth requirements to protect employees engaged in construction activities at a worksite with one or more confined spaces, subject to the exceptions in paragraph (b) (such as excavations and diving, which other standards cover). It is the doorway to the construction confined-space rules in 1926.1202 through 1926.1213.

29 CFR 1926.1201 at a glance

What it is
Scope of Subpart AA (Confined Spaces in Construction)
Coverage
Construction activities at a worksite with one or more confined spaces
Exceptions
Certain work in paragraph (b) (excavations, diving, others covered elsewhere)
Substantive rules
Hazard ID (1926.1203), permit program (1926.1204), training (1926.1207)
Added
2015: construction's own confined-space standard
Max penalty (2026)
$16,550 per serious violation; $165,514 per willful

What 29 CFR 1926.1201 requires (plain English)

29 CFR 1926.1201 opens Subpart AA, Confined Spaces in Construction, by setting its scope. It provides that the standard sets forth requirements for practices and procedures to protect employees engaged in construction activities at a worksite with one or more confined spaces, subject to the exceptions in paragraph (b) of the section.

OSHA added Subpart AA in 2015 to give construction a comprehensive confined-space standard, parallel to but distinct from the general-industry standard in 1910.146. Before that, construction had only a single, limited training-oriented provision. The paragraph (b) exceptions carve out work already covered by other standards (for example, excavations (Subpart P), diving operations (which have their own rules), and certain other activities) so Subpart AA does not double-regulate work addressed elsewhere.

The substantive requirements follow: 1926.1202 (definitions), 1926.1203 (general requirements, a competent person evaluates the worksite for confined and permit spaces), 1926.1204 (the permit-required confined space program), 1926.1205 (permitting), 1926.1206–1926.1211 (entry, testing, monitoring, attendants, and rescue), and 1926.1207 (training). 1926.1201's scope determines which construction work all of these apply to, making it the entry point for the confined-space protections that keep construction workers from being overcome in manholes, vaults, and tanks. (Section 1926.1200 is reserved; the operative scope is 1926.1201.)

What the source requires, in summary

This standard sets forth requirements for practices and procedures to protect employees engaged in construction activities at a worksite with one or more confined spaces, subject to the exceptions in paragraph (b) of this section.
29 CFR 1926.1201(a)Summarized, not quoted: read the source for its operative wording.

Key facts about 29 CFR 1926.1201

  • 1926.1201 sets the scope of Subpart AA (Confined Spaces in Construction) (1926.1201(a)).
  • It covers construction activities at a worksite with one or more confined spaces.
  • Paragraph (b) excepts certain work covered by other standards (excavations, diving).
  • OSHA added Subpart AA in 2015.
  • It parallels but is distinct from the general-industry standard (1910.146).
  • Substantive rules include hazard ID (1926.1203) and the permit program (1926.1204).
  • Training is required by 1926.1207.

Scope: who 29 CFR 1926.1201 applies to

Regulatory framework
Construction (29 CFR 1926)
Citation reference
29 CFR 1926.1201
Enforcement status
In force and enforced
Jurisdiction
Federal OSHA (29 State-Plan jurisdictions may be stricter)

State-Plan states (e.g. California, Washington, Michigan) operate OSHA-approved programs that must be at least as effective as federal OSHA and frequently impose higher penalties or additional requirements. Confirm the rule as adopted in your state.

Key requirements of 29 CFR 1926.1201

#Employer obligation
1Apply to construction work in confined spaces
2Identify permit and non-permit confined spaces
3Coordinate between multiple employers on site

Summarized from the text of 29 CFR 1926.1201. Always read the full regulation for the binding language.

Reference provision: definitions & scope

This section defines the terms or the applicability used by neighboring standards; it is not usually a standalone employer duty. When OSHA cites an employer, the citation issues under the substantive standard that uses these definitions. For example, a missing competent person is cited under the standard that requires one. Use this page to get the definitions right, and see the related standards below for the enforceable duties.

Construction confined spaces are Subpart AA, with specific exceptions for work covered elsewhere

Two points from the scope matter. First, confined spaces in CONSTRUCTION are governed by Subpart AA (1926.1201 and following), NOT the general-industry standard 1910.146: OSHA added the construction rule in 2015 with construction-specific coordination and monitoring requirements. Second, 1926.1201's paragraph (b) EXCEPTS certain work that other standards already cover (notably excavations (Subpart P), diving operations, and some other activities) so those are handled under their own rules rather than Subpart AA. The mistake is either applying 1910.146 to construction work, or assuming Subpart AA covers everything (including excavations). Start with 1926.1201 to confirm the work is covered construction confined-space activity and not within a paragraph (b) exception.

Confined Spaces (Construction) Scope compliance checklist

Use this to evaluate your compliance with 29 CFR 1926.1201. Each item is a key requirement OSHA may verify during an inspection.

  • Confirm the work is construction activity at a worksite with confined spaces.
  • Check whether a paragraph (b) exception applies (excavations, diving, and others).
  • Apply Subpart AA (not 1910.146) to covered construction confined-space work.
  • Have a competent person identify confined and permit spaces (1926.1203).
  • Implement the permit-required confined space program (1926.1204).
  • Train affected workers (1926.1207).

Confined Spaces (Construction) Scope penalties by state

Penalties and enforcement vary by state. State-Plan states may impose higher penalties and additional requirements beyond federal 29 CFR 1926.1201.

Frequently asked questions about 29 CFR 1926.1201

What does 29 CFR 1926.1201 cover?

1926.1201 is the scope section of Subpart AA: Confined Spaces in Construction. It sets forth requirements to protect employees engaged in construction activities at a worksite with one or more confined spaces, subject to the exceptions in paragraph (b). It is the entry point to the construction confined-space rules in 1926.1202 through 1926.1213.

What work is excepted from the confined-space construction standard?

Paragraph (b) of 1926.1201 excepts certain work already covered by other standards, including excavations (governed by Subpart P), diving operations (which have their own requirements), and some other activities. Those are handled under their own rules rather than Subpart AA, so the standard does not double-regulate work addressed elsewhere.

Why does construction have its own confined-space standard?

Because construction confined-space work is dynamic and multi-employer, and the single prior construction provision was inadequate. OSHA added Subpart AA in 2015 to give construction a comprehensive permit-space standard: parallel to the general-industry 1910.146 but with added requirements for continuous monitoring where possible and coordination among the controlling contractor and multiple employers on a site.

What are the main parts of Subpart AA?

Subpart AA runs from 1926.1201 (scope) through 1926.1213, including 1926.1202 (definitions), 1926.1203 (general requirements: a competent person identifies confined and permit spaces), 1926.1204 (permit-required confined space program), 1926.1205 (permitting), 1926.1206–1926.1211 (entry, testing, monitoring, attendants, and rescue), and 1926.1207 (training). Together they cover the full confined-space entry process in construction.

Regulatory history of 29 CFR 1926.1201

OSHA issued Subpart AA: Confined Spaces in Construction (1926.1200–1926.1213), including the 1926.1201 scope, effective August 3, 2015 (80 FR 25366). It replaced construction's single prior training provision with a comprehensive permit-space standard comparable to the general-industry rule (1910.146), adding construction-specific coordination and monitoring requirements.

Related glossary terms

Key terms that appear in 29 CFR 1926.1201, each with a full plain-English explainer.

Primary sources

OSHA figures on this page are imported from HazComFast's verified regulatory module (verified 2026-10-05 against eCFR, OSHA.gov, and the Federal Register).

This page is an educational summary, not legal advice. OSHA standards and penalty amounts change; confirm requirements against the current regulation and your applicable State-Plan before acting.

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OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.

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