1926.1101(k)(5): Rebutting PACM Designation
Employers or building owners may show that presumed asbestos-containing material (PACM) does not contain asbestos, and then do not need to communicate its presence, but must keep the supporting data. They can show PACM has no more than 1% asbestos through a completed AHERA inspection or bulk sample tests by an accredited inspector or CIH, analyzed by a lab in a recognized proficiency program.
Key takeaways
- 1926.1101(k)(5) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 31 times in the last 3 years, in 31 inspections, with $5,445 in current penalties.
- Most citations: MI (29), VA (2).
- 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)(5) 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
(5) Criteria to rebut the designation of installed material as PACM. 31 citations
(i) At any time, an employer and/or building owner may demonstrate, for purposes of this standard, that PACM does not contain asbestos. Building owners and/or employers are not required to communicate information about the presence of building material for which such a demonstration pursuant to the requirements of paragraph (k)(5)(ii) of this section has been made. However, in all such cases, the information, data and analysis supporting the determination that PACM does not contain asbestos, shall be retained pursuant to paragraph (n) of this section. Open (k)(5)(i) 25 citations
(ii) An employer or owner may demonstrate that PACM does not contain more than 1% asbestos by the following: Open (k)(5)(ii) 3 citations
(A) Having a completed inspection conducted pursuant to the requirements of AHERA (40 CFR part 763, subpart E) which demonstrates that the material is not ACM; or
(B) Performing tests of the material containing PACM which demonstrate that no ACM is present in the material. Such tests shall include analysis of bulk samples collected in the manner described in 40 CFR 763.86. The tests, evaluation and sample collection shall be conducted by an accredited inspector or by a CIH. Analysis of samples shall be performed by persons or laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program (NVLAP) or the National Institute for Standards and Technology (NIST) or the Round Robin for bulk samples administered by the American Industrial Hygiene Association (AIHA) or an equivalent nationally-recognized round robin testing program. Open (k)(5)(ii)(b) 1 citations
(iii) The employer and/or building owner may demonstrate that flooring material including associated mastic and backing does not contain asbestos, by a determination of an industrial hygienist based upon recognized analytical techniques showing that the material is not ACM. 3 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 | 4 |
| 2025 | 16 |
| 2026 | 11 |
Top states: MI (29), VA (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| HUMAN DEVELOPMENT COMMISSION | AKRON, MI | $3,000 |
| SWIFT RUN BUILDING & EXCAVATING, LLC | STUARTS DRAFT, VA | $2,045 |
| KRULL ENTERPRISES, LLC | ANN ARBOR, MI | $400 |
| PREMEAU CONSTRUCTION, INC. | MANISTIQUE, MI | $0 |
| DEN-MAN CONTRACTORS, INC. | WATERFORD, MI | $0 |
Free toolbox talk
A 5-minute crew talk on 1926.1101(k)(5), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Bulk asbestos analysis and worker air exposures to less than 1% asbestos (2014-11-05)
- Acceptability of rounding laboratory-reported percentages of bulk asbestos analyses by point-counting to the nearest whole-number percent. (2010-06-08)
- Asbestos tests, evaluations, and sample collections: qualified persons. (1998-07-01)
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)(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)(9)(iv) 28 citations
- 1926.1101(k)(9)(iv)(A) 26 citations
- 1926.1101(k)(5)(i) 25 citations
Get your crew competent
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Frequently asked questions
How can PACM be shown not to contain asbestos?
Through a completed AHERA inspection showing it is not ACM, or by bulk sample tests showing no ACM is present.
Who must collect and evaluate the samples?
An accredited inspector or a CIH.
Must records be kept after rebutting PACM?
Yes. The information, data and analysis must be retained under paragraph (n).
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.