Skip to content

Approaching: Nov 20, 2026 — HCS 2024 Deadline. Get ready →

Construction (29 CFR 1926)

Definitions (Construction)

Verified vs OSHA sources · 2026-10-05

29 CFR 1926.32

29 CFR 1926.32 provides the definitions of terms used throughout OSHA's construction standards (Part 1926). It fixes the meaning of foundational terms (most importantly "competent person" and "qualified person," which trigger specific duties across the construction standards) as well as "employer," "construction work," "authorized person," and others. These definitions determine who must do what across all of Part 1926.

29 CFR 1926.32 at a glance

What it is
The definitions section for OSHA's construction standards (Part 1926)
Competent person
Can identify hazards AND is authorized to correct them (1926.32(f))
Qualified person
Has a degree, certificate, or knowledge to solve the problem (1926.32(m))
Also defines
Employer, construction work, authorized person, and more
Why it matters
These terms trigger specific duties across Part 1926
Scope
Applies throughout the construction standards

What 29 CFR 1926.32 requires (plain English)

29 CFR 1926.32 is the definitions section for OSHA's construction industry standards (Part 1926). It provides the meanings of terms used throughout the construction standards, so that the requirements built around those terms are applied consistently.

Its most consequential definitions are "competent person" and "qualified person." A COMPETENT PERSON is one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. Note the two elements: hazard identification AND authority to correct. A QUALIFIED PERSON is one who, by possession of a recognized degree, certificate, or professional standing, or by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project. The section also defines "employer," "construction work," "authorized person," "safety factor," and other terms.

These definitions are not academic: the construction standards repeatedly require that a "competent person" inspect excavations and scaffolds, or that a "qualified person" design a system or make an engineering judgment. Whether a duty is met depends on whether the person truly fits the 1926.32 definition. A designated "competent person" who cannot correct hazards, or a "qualified person" without the required knowledge, does not satisfy the standard, which is why these definitions underpin so many construction citations.

The regulatory text

“Competent person means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.”
29 CFR 1926.32(f)

Key facts about 29 CFR 1926.32

  • 1926.32 defines the terms used throughout the construction standards (Part 1926).
  • A competent person can identify hazards AND is authorized to correct them (1926.32(f)).
  • A qualified person has the degree, credential, or knowledge to solve the problem (1926.32(m)).
  • It also defines employer, construction work, and authorized person.
  • The construction standards assign duties to competent and qualified persons.
  • Whether a duty is met depends on fitting these definitions.
  • Authority to correct hazards is essential to the competent-person definition.

Scope: who 29 CFR 1926.32 applies to

Regulatory framework
Construction (29 CFR 1926)
Citation reference
29 CFR 1926.32
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 1926.32

#Employer obligation
1Reference provision — this section defines terms used across 29 CFR 1926; violations are cited under the substantive standards that use them
2'Competent person' = capable of identifying existing and predictable hazards AND authorized to take prompt corrective action (1926.32(f))
3'Qualified person' = by degree, certificate, or extensive experience, has demonstrated the ability to solve the problem (1926.32(m))
4Where a 1926 standard requires a competent or qualified person, the citable duty lives in that standard, not here

Summarized from the text of 29 CFR 1926.32. 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.

"Competent person" requires authority to correct hazards: knowledge alone is not enough

The most consequential confusion in construction is treating a knowledgeable worker as a "competent person" when they lack the second required element: AUTHORITY. 1926.32(f) defines a competent person as one who can identify existing and predictable hazards AND who has AUTHORIZATION to take prompt corrective measures to eliminate them. A skilled worker who can spot an excavation or scaffold hazard but cannot stop the work or order a fix is not a competent person under the standard. "Qualified person" (1926.32(m)) is different again: it is about demonstrated ability (a degree, certificate, or extensive knowledge) to solve the technical problem. Designating a competent person without the authority to correct hazards, or conflating competent with qualified, is exactly how the underlying inspection or design requirements fail.

Definitions (Construction) compliance checklist

Use this to evaluate your compliance with 29 CFR 1926.32. Each item is a key requirement OSHA may verify during an inspection.

  • Ensure designated competent persons can both identify hazards and correct them.
  • Give competent persons the authority to take prompt corrective measures.
  • Use qualified persons (with the degree, credential, or knowledge) for technical tasks.
  • Do not conflate competent-person and qualified-person roles.
  • Verify the person fits the 1926.32 definition before relying on their role.
  • Apply the definitions consistently across all Part 1926 requirements.

Definitions (Construction) penalties by state

Penalties and enforcement vary by state. State-Plan states may impose higher penalties and additional requirements beyond federal 29 CFR 1926.32.

Frequently asked questions about 29 CFR 1926.32

What is a competent person under OSHA construction standards?

Under 1926.32(f), a competent person is one who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, AND who has authorization to take prompt corrective measures to eliminate them. Both elements, hazard identification and authority to correct, are required.

What is the difference between a competent person and a qualified person?

A competent person (1926.32(f)) can identify hazards and is authorized to correct them: the focus is hazard recognition plus authority. A qualified person (1926.32(m)) has, through a recognized degree, certificate, professional standing, or extensive knowledge and experience, demonstrated the ability to solve problems relating to the work. Competent is about identifying and fixing hazards; qualified is about technical ability to solve the problem.

Does a competent person need authority to stop work?

Yes: authority to correct hazards is part of the definition. Under 1926.32(f), a competent person must have authorization to take prompt corrective measures to eliminate hazards. A worker who can spot a hazard but cannot stop the work or order a fix does not meet the definition, and inspections or duties assigned to them may not satisfy the underlying standard.

Why do the 1926.32 definitions matter?

Because the construction standards constantly assign duties to a 'competent person' or 'qualified person': inspecting excavations and scaffolds, designing systems, making engineering judgments. Whether those duties are actually met depends on whether the person fits the 1926.32 definition. Getting the definitions right is essential to complying with the many standards that use these terms.

Regulatory history of 29 CFR 1926.32

The construction definitions (1926.32) were part of OSHA's original construction standards adopted in the early 1970s. The definitions of "competent person" and "qualified person" (recurring throughout Part 1926 for excavations, scaffolds, fall protection, cranes, and more) have been central to construction enforcement ever since, because so many duties hinge on whether a person meets them.

Related glossary terms

Key terms that appear in 29 CFR 1926.32, 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.

Get the Binder in Order Before the Inspector Arrives. Are You Ready?

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

Serious Violation

$16,550

per violation (max)

HazComFast Pro

$199/mo

10 jobsites, unlimited chemicals, unlimited workers

New sign-ups are paused. The free tools below need no account, and customers can log in as usual.

Your account keeps working as usual. Cancel anytime.