1926.1101(k)(3)(ii): Informing Others About Asbestos Before Work
Before asbestos work is performed, employers of the workers who will do it must tell building or facility owners, those workers, and employers of workers in adjacent areas where ACM and PACM is located, how much is present, and the precautions to keep airborne asbestos confined to the area.
Key takeaways
- 1926.1101(k)(3)(ii) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 124 times in the last 3 years, in 124 inspections, with $122,944 in current penalties.
- Most citations: MI (106), NY (4), IL (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)(ii) 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
(ii) Before work under this standard is performed employers of employees who will perform such work shall inform the following persons of the location and quantity of ACM and/or PACM present in the area and the precautions to be taken to insure that airborne asbestos is confined to the area. 124 citations
(A) Owners of the building/facility;
(B) Employees who will perform such work and employers of employees who work and/or will be working in adjacent areas. Open (k)(3)(ii)(b) 15 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 | 3 |
| 2024 | 44 |
| 2025 | 50 |
| 2026 | 27 |
Top states: MI (106), NY (4), IL (3), MA (2), MD (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| K.L.F. ENTERPRISES, INC. | WAUKEGAN, IL | $37,716 |
| UNITED STATES POSTAL SERVICE | NORWOOD, MA | $35,000 |
| ASHLAND SPECIALTY INGREDIENTS | HOPEWELL, VA | $10,325 |
| STEVE GENERAL CONTRACTORS, INC. | ROCHESTER, NY | $10,000 |
| TROY BOILER WORKS, INC. | GERMANTOWN, NY | $7,904 |
Free toolbox talk
A 5-minute crew talk on 1926.1101(k)(3)(ii), 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)(ii).
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)(i) 144 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
Who must be told about asbestos before work starts?
Building or facility owners, the employees doing the work, and employers of employees working in adjacent areas.
What information must be shared?
The location and quantity of ACM and/or PACM and the precautions to confine airborne asbestos to the area.
When must this be done?
Before work under the standard is performed.
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.