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Construction (29 CFR 1926)

Wiring Design and Protection (Construction)

Verified vs OSHA sources · 2026-10-05

29 CFR 1926.404

29 CFR 1926.404 governs wiring design and protection on construction sites: employers must protect workers using electricity through either ground-fault circuit interrupters (GFCIs) on receptacles or a documented assured equipment grounding conductor program, plus proper overcurrent protection and grounding. It targets the temporary-power hazards unique to construction.

29 CFR 1926.404 at a glance

What it requires
Ground-fault protection and safe wiring design for temporary power on construction sites
GFCI rule
All temporary 120V, 15- and 20-amp receptacles used by employees must have GFCIs
The alternative
An Assured Equipment Grounding Conductor Program (inspections + tests) may be used instead
Grounding
Equipment and systems must be properly grounded
Max penalty (2026)
$16,550 per serious violation; $165,514 per willful
The #1 confusion
GFCIs protect PEOPLE (shock); ordinary breakers protect the WIRING (overload)

What 29 CFR 1926.404 requires (plain English)

29 CFR 1926.404 governs wiring design and protection for construction: the temporary electrical power that runs tools and equipment on a jobsite. Construction sites are especially prone to electrical shock: temporary wiring is exposed to weather, water, and physical damage; extension cords and portable tools are everywhere; and workers stand on damp ground and hold conductive tools. The standard's central protection against this is ground-fault protection for personnel.

The core requirement gives the employer two options. Under the first, all 120-volt, single-phase, 15- and 20-ampere receptacle outlets on the site that are not part of the permanent wiring and are in use by employees must have approved ground-fault circuit interrupters (GFCIs) for personnel protection. A GFCI monitors the current going out and coming back; if even a small amount (about 5 milliamps) leaks to ground (for example, through a worker's body) it trips in a fraction of a second, before the shock can be fatal. Under the second option, the employer may instead establish and implement a written Assured Equipment Grounding Conductor Program, with a competent person conducting daily visual inspections and periodic continuity and terminal tests of cords and equipment.

Beyond ground-fault protection, 1926.404 sets grounding and wiring-design requirements: equipment grounding conductors must be properly connected, the path to ground must be continuous and low-impedance, and outlet devices, cords, and receptacles must be suitable for their use. Together with the general construction electrical requirements (1926.416) and the equipment-use practices, it ensures that temporary construction power is designed and protected so a ground fault becomes a tripped GFCI rather than a fatal shock.

The regulatory text

“All 120-volt, single-phase, 15- and 20-ampere receptacle outlets on construction sites, which are not a part of the permanent wiring of the building or structure and which are in use by employees, shall have approved ground-fault circuit interrupters for personnel protection.”
29 CFR 1926.404(b)(1)(ii)

Key facts about 29 CFR 1926.404

  • All temporary 120V, single-phase, 15- and 20-amp receptacles used by employees must have GFCIs (1926.404(b)(1)(ii)).
  • A GFCI trips when a small current (about 5 mA) leaks to ground: fast enough to prevent a fatal shock.
  • Alternative: a written Assured Equipment Grounding Conductor Program with daily inspections and periodic tests (1926.404(b)(1)(iii)).
  • The grounding program requires a competent person and specified test intervals (before first use, after repair/damage, and periodically).
  • Equipment grounding conductors must be continuous, low-impedance, and properly connected.
  • It applies to TEMPORARY construction power, not the permanent building wiring.
  • Works with the general construction electrical standard (1926.416).

Scope: who 29 CFR 1926.404 applies to

Regulatory framework
Construction (29 CFR 1926)
Citation reference
29 CFR 1926.404
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 1926.404

#Employer obligation
1Use GFCI on all 120V, 15A/20A receptacles
2Or implement assured equipment grounding conductor program
3Ground all electrical systems per requirements
4Protect wiring from physical damage

Summarized from the text of 29 CFR 1926.404. Always read the full regulation for the binding language.

Common Wiring Design (Construction) violations

Deficiencies OSHA cites under 29 CFR 1926.404 include the ones below, in no particular order. Distinct deficiencies can be cited as separate items, and each serious item carries up to $16,550 (2026). Broader per-instance stacking exists but is a discretionary, case-by-case OSHA enforcement policy, not an automatic multiplier.

  • Temporary 120V 15-/20-amp receptacles used by employees without GFCI protection (1926.404(b)(1)(ii)).
  • No written Assured Equipment Grounding Conductor Program where GFCIs are not used (1926.404(b)(1)(iii)).
  • Equipment grounding conductors not continuous or not properly connected (1926.404(f)).
  • Ungrounded or improperly grounded temporary wiring and equipment.
  • Damaged receptacles, cords, or GFCIs left in service.

GFCIs protect people; circuit breakers protect wiring

A fundamental confusion is thinking a regular circuit breaker already protects workers from shock. It does not. An ordinary breaker or fuse protects the WIRING from overload and short circuit: it trips when the current is far higher than a person can survive (15 or 20 amps), which is thousands of times more than the current that can stop a heart. A GROUND-FAULT CIRCUIT INTERRUPTER (GFCI) protects PEOPLE: it detects a tiny imbalance (about 5 milliamps) between the current leaving and returning, which indicates current is leaking to ground, possibly through a worker's body, and trips in about 1/40th of a second. That is why 1926.404 requires GFCIs (or the assured grounding program) on temporary construction receptacles: the building's breakers cannot prevent electrocution, but a GFCI can.

What OSHA inspectors look for

A compliance officer checks whether temporary receptacles have GFCI protection or the site runs an assured grounding program with documented tests, looks for missing grounds and improper overcurrent protection, and inspects extension cords. No GFCI and no assured grounding program is the classic finding.

Example: how a violation is cited

A crew runs power tools from temporary receptacles with no GFCI protection and no assured grounding program, in wet conditions. A ground fault shocks a worker; OSHA cites 1926.404(b) for the missing GFCI or assured-grounding protection, with penalties from $16,550.

Illustrative example, not a specific OSHA case.

Wiring Design (Construction) compliance checklist

Use this to evaluate your compliance with 29 CFR 1926.404. Each item is a key requirement OSHA may verify during an inspection.

  • Provide approved GFCIs on all temporary 120V, 15-/20-amp receptacles used by employees, OR
  • Implement a written Assured Equipment Grounding Conductor Program with a competent person and required tests.
  • Ensure equipment grounding conductors are continuous, low-impedance, and properly connected.
  • Test GFCIs regularly (using the test button) and replace any that fail.
  • Keep temporary wiring, cords, and receptacles suitable for wet/damp construction conditions.
  • Coordinate with the general construction electrical requirements (1926.416).

2026 penalties for 29 CFR 1926.404

Maximums set by 29 CFR 1903.15(d). 2026 amounts unchanged from 2025 (no CPI adjustment; OMB M-26-11). Not an increase. The 2025 OSHA penalty levels remain in effect for 2026; OSHA made no inflation adjustment for 2026. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these amounts, while OSHA's public penalties page currently references penalties assessed after Jan. 15, 2026.

Violation typeMinimumMaximumWhen it applies
Serious$1,085$16,550Substantial probability of death or serious physical harm.
Other-Than-Serious$0$16,550Relates to safety/health but unlikely to cause death or serious harm.
Willful$11,823$165,514Intentional, knowing, or voluntary disregard of the requirement.
Repeated$4,256$165,514A substantially similar violation cited within the last 5 years.
Failure to AbateNone$16,550/dayup to $16,550 per day; total capped at 30x the daily amount (FOM Ch.6)

Temporary-power citations are common on active jobsites. Serious violations reach $16,550 and willful or repeat violations $165,514; missing GFCI protection and damaged cords are frequently cited together.

Maximums and the willful minimum are set by 29 CFR 1903.15(d); the serious and repeated minimums are OSHA policy floors from its annual penalty adjustment memo. OSHA applies gravity-based and size, good-faith and history reductions (FOM CPL 02-00-164 Ch.6). Estimates only, not legal advice.

The business case for Wiring Design (Construction) compliance

Construction runs on temporary power in wet, rough conditions where cords get damaged and grounds fail. A GFCI trips in milliseconds when current leaks to ground, and it is the single most effective protection against the electrocutions that temporary construction wiring would otherwise cause.

Free compliance tools for 29 CFR 1926.404

Wiring Design (Construction) penalties by state

Penalties and enforcement vary by state. State-Plan states may impose higher penalties and additional requirements beyond federal 29 CFR 1926.404.

Frequently asked questions about 29 CFR 1926.404

Are GFCIs required on construction sites?

Yes, or an approved alternative. Under 1926.404(b)(1)(ii), all 120-volt, single-phase, 15- and 20-ampere receptacle outlets that are not part of the permanent wiring and are in use by employees must have approved ground-fault circuit interrupters (GFCIs) for personnel protection. The alternative (1926.404(b)(1)(iii)) is a written Assured Equipment Grounding Conductor Program with daily visual inspections and periodic electrical tests conducted by a competent person.

What is the difference between a GFCI and a circuit breaker?

A circuit breaker protects the wiring from overload and short circuit: it trips at 15 or 20 amps, far more current than a person can survive. A GFCI protects people from shock: it detects a small current imbalance (about 5 milliamps) that indicates current is leaking to ground, possibly through a worker's body, and trips in a fraction of a second. A breaker cannot prevent electrocution; a GFCI can, which is why construction temporary power requires GFCIs.

What is an Assured Equipment Grounding Conductor Program?

It is the alternative to GFCIs allowed under 1926.404(b)(1)(iii). The employer establishes a written program under which a competent person conducts daily visual inspections of cords and equipment for damage and performs continuity and terminal-connection tests at specified intervals, before first use, after any repair, after suspected damage, and at least every three months. Equipment that passes is tagged; equipment that fails is removed from service. Most contractors find GFCIs simpler than maintaining the assured grounding program.

Why are construction sites so prone to electrical shock?

Because they combine several risk factors: temporary wiring exposed to weather, water, and physical damage; extensive use of extension cords and portable tools; damp ground and wet conditions that lower the body's resistance; and conductive tools, scaffolds, and rebar. In these conditions a small ground fault that would be harmless in a dry office can be fatal, which is why 1926.404 requires ground-fault protection for personnel on temporary construction power.

Regulatory history of 29 CFR 1926.404

1926.404 is part of Subpart K (Electrical) of OSHA's construction standards, which parallels the general-industry Subpart S. The ground-fault protection requirement, GFCIs or an assured equipment grounding conductor program, was a major advance in preventing construction electrocutions from temporary power, addressing the wet, damaged, and heavily-used wiring characteristic of jobsites.

Related glossary terms

Key terms that appear in 29 CFR 1926.404, 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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