1926.1101(k)(3): Asbestos Duties Before and After Work Near ACM
Employers whose employees work in or next to areas with asbestos-containing material (ACM) or presumed asbestos-containing material (PACM) must identify its presence, location and quantity before work begins. They must tell building owners, their own workers and employers of nearby workers where it is and what precautions will keep airborne asbestos confined, and within 10 days after the work report what remains and any final monitoring results.
Key takeaways
- 1926.1101(k)(3) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 269 times in the last 3 years, in 167 inspections, with $331,100 in current penalties.
- Most citations: MI (209), VA (22), NY (6).
- 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) is one requirement inside 1926.1101 Asbestos, an OSHA construction standard (Part 1926, Subpart Z). It includes 5 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
(3) Duties of employers whose employees perform work subject to this standard in or adjacent to areas containing ACM and PACM. Building/facility owners whose employees perform such work shall comply with these provisions to the extent applicable. 269 citations
(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. Open (k)(3)(i) 144 citations
(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. Open (k)(3)(ii) 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
(iii) Within 10 days of the completion of such work, the employer whose employees have performed work subject to this standard, shall inform the building/facility owner and employers of employees who will be working in the area of the current location and quantity of PACM and/or ACM remaining in the area and final monitoring results, if any.
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1101.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 8 |
| 2024 | 90 |
| 2025 | 109 |
| 2026 | 62 |
Top states: MI (209), VA (22), NY (6), IL (3), MD (3)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| TOWNSHIP OF TOMS RIVER DEPARTMENT OF PUBLIC WORKS | TOMS RIVER, NJ | $70,000 |
| 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 |
Free toolbox talk
A 5-minute crew talk on 1926.1101(k)(3), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Building owner's requirement to determine and communicate the hazrds from installed ACM and PACM. (2005-09-06)
Related parts of this rule
- 1926.1101(k) Communication of hazards 631 citations
- 1926.1101(k)(9) Employee Information and Training 160 citations
- 1926.1101(k)(3)(i) 144 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
What must be done before work starts in an area with ACM or PACM?
Employers must identify the presence, location and quantity of ACM and/or PACM in the area.
Who must be told about the asbestos before work?
The building or facility owner, the employees who will do the work, and employers of employees working in adjacent areas.
What must be reported after the work is done?
Within 10 days of completion, the current location and quantity of remaining ACM and/or PACM and any final monitoring results must be given to the owner and employers of employees who will work in the area.
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.