1926.1101(k)(3)(i): Identify Asbestos Before Work Begins
Before work begins in areas containing asbestos-containing material (ACM) or presumed asbestos-containing material (PACM), employers must identify the presence, location and quantity of that material. This is done following paragraph (k)(1)(i) of the asbestos standard.
Key takeaways
- 1926.1101(k)(3)(i) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 144 times in the last 3 years, in 144 inspections, with $208,156 in current penalties.
- Most citations: MI (103), VA (21), UT (3).
- Related part: 1926.1101(k) Communication of hazards (631 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.1101(k)(3)(i) 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
(i) Before work in areas containing ACM and PACM is begun; employers shall identify the presence, location, and quantity of ACM, and/or PACM therein pursuant to paragraph (k)(1)(i) of this section. 144 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 | 5 |
| 2024 | 46 |
| 2025 | 59 |
| 2026 | 34 |
Top states: MI (103), VA (21), UT (3), AK (2), NY (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| TOWNSHIP OF TOMS RIVER DEPARTMENT OF PUBLIC WORKS | TOMS RIVER, NJ | $70,000 |
| HUMAN DEVELOPMENT COMMISSION | AKRON, MI | $8,000 |
| JM ROMICH ENTERPRISES, INC | GREECE, NY | $5,250 |
| NORTHERN HOME IMPROVEMENT, INC. | LANSING, MI | $5,000 |
| D.H. GRIFFIN WRECKING CO., INC. | WYTHEVILLE, VA | $4,819 |
Free toolbox talk
A 5-minute crew talk on 1926.1101(k)(3)(i), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.1101(k)(3)(i).
Related parts of this rule
- 1926.1101(k) Communication of hazards 631 citations
- 1926.1101(k)(3) 269 citations
- 1926.1101(k)(9) Employee Information and Training 160 citations
- 1926.1101(k)(3)(ii) 124 citations
- 1926.1101(k)(2) Duties of building and facility owners 121 citations
- 1926.1101(k)(9)(i) 105 citations
- 1926.1101(k)(2)(ii) 64 citations
- 1926.1101(k)(2)(i) 57 citations
- 1926.1101(k)(5) 31 citations
- 1926.1101(k)(9)(iv) 28 citations
- 1926.1101(k)(9)(iv)(A) 26 citations
- 1926.1101(k)(5)(i) 25 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
When must asbestos be identified on a construction job?
Before work is begun in areas containing ACM and PACM.
What must the employer identify?
The presence, location and quantity of ACM and/or PACM in the work area.
What do ACM and PACM mean?
ACM is asbestos-containing material and PACM is presumed asbestos-containing material.
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.