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.

July 10, 1989

R.D. Mitchell
Safety Director
MMR Foley
14000-A Thunderbolt Place
Post Office Box 10811
Chantilly, Virginia 22021

Dear Mr. Mitchell:

This is in response to your request for clarification of the medical and first aid services requirement identified in 29 CFR 1910.151(c) and 29 CFR 1926.50. You asked whether or not, as an electrical contractor, you had to comply with both 29 CFR 1910.151(c) and 29 CFR 1926.50, the general industry and construction standards pertaining to medical services and first aid requirements. Either standard may apply, dependent upon the nature of the work being performed by your employees rather than the type of business or SIC Code.

It is my understanding that MMR Foley National Contractors is a construction company involved primarily in new construction or remodeling work. Unless you are involved in minor maintenance work, the construction standards would be applicable. The general industry standard, 1910.151(c) would be inapplicable to an employee engaged in construction work because 1926.50 specifies the medical services and first aid requirements for employees engaged in construction work.

Hopefully this information has been helpful and if you need additional information, contact my office at (202) 523-8136.

Sincerely,

Gerald P. Reidy, Director
Office of Construction and Maritime
Compliance Assistance