1910.1052(d)(2): Initial Methylene Chloride Monitoring
Employers whose workers are exposed to methylene chloride must do initial exposure monitoring for each affected worker. Exceptions apply when objective data show levels cannot reach the action level or STEL, when qualifying monitoring was done within 12 months before April 10, 1997, or when exposure is fewer than 30 days a year and direct-reading measurements give enough information.
Key takeaways
- 1910.1052(d)(2) is part of OSHA's general industry standards (29 CFR Part 1910).
- OSHA cited it 46 times in the last 3 years, in 46 inspections, with $190,679 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: PA (6), TN (6), MI (4).
- Related part: 1910.1052(d) Exposure monitoring (70 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.1052(d)(2) ("Initial determination") is one requirement inside 1910.1052 Methylene chloride, an OSHA general industry standard (Part 1910). It includes 3 sub-paragraphs. The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(2) Initial determination. Each employer whose employees are exposed to MC shall perform initial exposure monitoring to determine each affected employee's exposure, except under the following conditions: 46 citations
(i) Where objective data demonstrate that MC cannot be released in the workplace in airborne concentrations at or above the action level or above the STEL. The objective data shall represent the highest MC exposures likely to occur under reasonably foreseeable conditions of processing, use, or handling. The employer shall document the objective data exemption as specified in paragraph (m) of this section; 1 citations
(ii) Where the employer has performed exposure monitoring within 12 months prior to April 10, 1997 and that exposure monitoring meets all other requirements of this section, and was conducted under conditions substantially equivalent to existing conditions; or
(iii) Where employees are exposed to MC on fewer than 30 days per year (e.g., on a construction site), and the employer has measurements by direct-reading instruments which give immediate results (such as a detector tube) and which provide sufficient information regarding employee exposures to determine what control measures are necessary to reduce exposures to acceptable levels.
Source: eCFR, text current as of 2026-10-15. Read all of 1910.1052.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1910.1052(d)(2).
At 7:10 p.m. on October 29, 2024, an employee was scraping paint from a bathtub using a paint stripper containing 70-90% methylene chloride (Hoodstrip-888 Semi Paste Remover). The employee became unconscious due to inhaling methylene chloride vapors above the short-term exposure limit (STEL) and subsequently…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 18 |
| 2025 | 19 |
| 2026 | 8 |
Top states: PA (6), TN (6), MI (4), VA (4), NC (4)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| KAMESI CORPORATION | NEW YORK, NY | $107,584 |
| CHROME HEARTS FACTORY LLC | ALBUQUERQUE, NM | $8,372 |
| SIGNUM LLC | SOLON, OH | $8,067 |
| MERSEN USA PTT CORP. | BOONTON, NJ | $5,912 |
| PHARMED INNOVATION, LLC | TULSA, OK | $5,000 |
Free toolbox talk
A 5-minute crew talk on 1910.1052(d)(2), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1910.1052(d)(2).
Related parts of this rule
- 1910.1052(d) Exposure monitoring 70 citations
- 1910.1052(d)(1)(i) 21 citations
- 1910.1052(d)(1) Characterization of employee exposure 21 citations
- 1910.1052(d)(1)(ii) Representative samples
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Frequently asked questions
Is initial monitoring required for methylene chloride?
Yes, for each affected employee, unless one of the listed exceptions applies.
When can objective data replace monitoring?
When it shows MC cannot be released at or above the action level or above the STEL under reasonably foreseeable conditions, and the exemption is documented.
What is the short-term job exception?
Exposure on fewer than 30 days per year with direct-reading instrument results that give enough information to choose controls.
About this page
Sources
- 29 CFR 1910.1052 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-20
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.