1926.1101(d)(5): General Contractor Oversight of Asbestos Work
On construction projects with asbestos work, the general contractor is considered to have general supervisory authority over that work, even if not qualified as the asbestos competent person. The general contractor must find out whether the asbestos contractor is following the standard and require it to come into compliance when needed.
Key takeaways
- 1926.1101(d)(5) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 20 times in the last 3 years, in 20 inspections, with $80,370 in current penalties.
- Most citations: MI (7), IL (5), MO (2).
- Related part: 1926.1101(d) Multi-employer worksites (29 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.1101(d)(5) is one requirement inside 1926.1101 Asbestos, an OSHA construction standard (Part 1926, Subpart Z). 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
(5) All general contractors on a construction project which includes work covered by this standard shall be deemed to exercise general supervisory authority over the work covered by this standard, even though the general contractor is not qualified to serve as the asbestos “competent person” as defined by paragraph (b) of this section. As supervisor of the entire project, the general contractor shall ascertain whether the asbestos contractor is in compliance with this standard, and shall require such contractor to come into compliance with this standard when necessary. 20 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1101.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 5 |
| 2025 | 9 |
| 2026 | 5 |
Top states: MI (7), IL (5), MO (2), OR (2), NY (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| APLUS ENVIRONMENTAL, LLC | BOSTON, MA | $20,000 |
| REED ILLINOIS CORPORATION DBA REED CONSTRUCTION | WAUKEGAN, IL | $16,131 |
| STEVE GENERAL CONTRACTORS, INC. | ROCHESTER, NY | $10,000 |
| 317741833 - LIMINAL SHIFT OR LLC | PORTLAND, OR | $4,708 |
| 3F CONSTRUCTION LLC | CHICAGO, IL | $3,598 |
Free toolbox talk
A 5-minute crew talk on 1926.1101(d)(5), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.1101(d)(5).
Related parts of this rule
- 1926.1101(d) Multi-employer worksites 29 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
Is the general contractor responsible for asbestos work by a subcontractor?
Yes. The general contractor is deemed to exercise general supervisory authority over it.
Does the general contractor need to be the asbestos competent person?
No. The duty applies even if the general contractor is not qualified to serve as the competent person.
What must the general contractor do?
Determine whether the asbestos contractor complies with the standard and require it to come into compliance when necessary.
About this page
Sources
- 29 CFR 1926.1101 (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.