1926.1101(h)(2): Respirator Program for Asbestos Work
Employers must run a respiratory protection program following 1910.134 (b) through (d) (except (d)(1)(iii)) and (f) through (m) for each employee who must wear a respirator for asbestos work. Workers a physician finds unable to wear a respirator must be reassigned or offered a transfer that keeps their seniority, status, pay and benefits.
Key takeaways
- 1926.1101(h)(2) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 80 times in the last 3 years, in 80 inspections, with $83,501 in current penalties.
- Most citations: MI (59), IL (2), NC (2).
- Related part: 1926.1101(h) Respiratory protection (204 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.1101(h)(2) ("Respirator program") is one requirement inside 1926.1101 Asbestos, an OSHA construction standard (Part 1926, Subpart Z). It includes 2 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) Respirator program. 80 citations
(i) The employer must implement a respiratory protection program in accordance with § 1910.134 (b) through (d) (except (d)(1)(iii)), and (f) through (m), which covers each employee required by this section to use a respirator. Open (h)(2)(i) 80 citations
(ii) No employee shall be assigned to asbestos work that requires respirator use if, based on their most recent medical examination, the examining physician determines that the employee will be unable to function normally while using a respirator, or that the safety or health of the employee or other employees will be impaired by the employee's respirator use. Such employees must be assigned to another job or given the opportunity to transfer to a different position that they can perform. If such a transfer position is available, it must be with the same employer, in the same geographical area, and with the same seniority, status, rate of pay, and other job benefits the employee had just prior to such transfer. Open (h)(2)(ii)
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 | 30 |
| 2025 | 32 |
| 2026 | 17 |
Top states: MI (59), IL (2), NC (2), CO (2), OR (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| ACE EXCAVATING & GRAVEL INC. | KALAMAZOO, MI | $10,000 |
| TOTAL ENVIRONMENTAL SERVICES LLC | MARSHALL, MI | $10,000 |
| RIGHTWAY REMEDIATION LLC | FLINT, MI | $7,000 |
| EMSL MANAGEMENT, LLC | MELBOURNE, FL | $6,620 |
| MID-MICHIGAN MANAGEMENT, L.L.C. | OKEMOS, MI | $6,000 |
Free toolbox talk
A 5-minute crew talk on 1926.1101(h)(2), plus alerts when this rule changes. Free.
OSHA interpretation letters
Related parts of this rule
- 1926.1101(h) Respiratory protection 204 citations
- 1926.1101(h)(2)(i) 80 citations
- 1926.1101(h)(1) General 76 citations
- 1926.1101(h)(3) Respirator selection 48 citations
- 1926.1101(h)(3)(iv) 27 citations
- 1926.1101(h)(3)(iv)(A) 16 citations
- 1926.1101(h)(3)(iii) 13 citations
- 1926.1101(h)(3)(iii)(A) 12 citations
- 1926.1101(h)(3)(i) 8 citations
- 1926.1101(h)(3)(i)(A) 8 citations
- 1926.1101(h)(2)(ii)
- 1926.1101(h)(3)(i)(B)
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
What respirator program applies to asbestos work in construction?
A program in accordance with 1910.134 (b) through (d) (except (d)(1)(iii)) and (f) through (m).
What if a doctor says a worker cannot wear a respirator?
The worker must not be assigned to asbestos work requiring a respirator and must be assigned to another job or given the opportunity to transfer.
Does the worker lose pay in a transfer?
No. If a transfer position is available, it must keep the same seniority, status, rate of pay and other job benefits.
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 2026-10-23
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.