1926.1101(h)(3)(iii)(A): Respirators for Class II or III Asbestos Work Without a Negative Exposure Assessment
This item names one situation covered by the respirator selection rules of the construction asbestos standard: Class II or Class III asbestos work for which no negative exposure assessment is available. Employers must apply the respirator requirements of paragraph (h)(3)(iii) to this work.
Key takeaways
- 1926.1101(h)(3)(iii)(A) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 12 times in the last 3 years, in 12 inspections, with $56,600 in current penalties.
- Most citations: VA (3), NV (2), NJ (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)(3)(iii)(A) 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
(A) Class II or Class III asbestos work for which no negative exposure assessment is available. 12 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1101.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 2 |
| 2025 | 6 |
| 2026 | 4 |
Top states: VA (3), NV (2), NJ (2), NC (1), IL (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| SEPTON DEVELOPMENT GROUP, LLC | RENO, NV | $42,560 |
| TOWNSHIP OF TOMS RIVER DEPARTMENT OF PUBLIC WORKS | TOMS RIVER, NJ | $5,000 |
| PATERSON DEPT OF PUBLIC WORKS | PATERSON, NJ | $4,950 |
| CHICAGO SURFACE CUT, INC. | SHOREWOOD, IL | $4,090 |
| 156084 - NATIONAL MILLS, LLC | STANLEY, NC | $0 |
Free toolbox talk
A 5-minute crew talk on 1926.1101(h)(3)(iii)(A), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.1101(h)(3)(iii)(A).
Related parts of this rule
- 1926.1101(h) Respiratory protection 204 citations
- 1926.1101(h)(2) Respirator program 80 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)(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
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Frequently asked questions
What work does this item cover?
Class II or Class III asbestos work for which no negative exposure assessment is available.
What if a negative exposure assessment is not available?
Then this Class II or Class III work falls under the respirator requirement in 1926.1101(h)(3)(iii).
Where is the respirator requirement found?
In 29 CFR 1926.1101(h)(3)(iii), which this item is part of.
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.