1926.1127(d)(1): Cadmium: Initial Exposure Determination
Before construction work where employees may be exposed to cadmium, employers must have a competent person determine whether cadmium is present and whether exposures may be at or above the action level, using investigation, records review and testing as appropriate. Where so, the competent person identifies exposed employees, and 8-hour TWA exposures are found from personal breathing-zone samples.
Key takeaways
- 1926.1127(d)(1) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 14 times in the last 3 years, in 14 inspections, with $7,427 in current penalties.
- Most citations: MI (11), OR (1), WI (1).
- Related part: 1926.1127(d) Exposure Monitoring (26 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.1127(d)(1) ("General") is one requirement inside 1926.1127 Cadmium, an OSHA construction standard (Part 1926, Subpart Z). It includes 4 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
(1) General. 14 citations
(i) Prior to the performance of any construction work where employees may be potentially exposed to cadmium, the employer shall establish the applicability of this standard by determining whether cadmium is present in the workplace and whether there is the possibility that employee exposures will be at or above the action level. The employer shall designate a competent person who shall make this determination. Investigation and material testing techniques shall be used, as appropriate, in the determination. Investigation shall include a review of relevant plans, past reports, Safety Data Sheets (SDS), and other available records, and consultations with the property owner and discussions with appropriate individuals and agencies. Open (d)(1)(i) 13 citations
(ii) Where cadmium has been determined to be present in the workplace, and it has been determined that there is a possibility the employee's exposure will be at or above the action level, the competent person shall identify employees potentially exposed to cadmium at or above the action level.
(iii) Determinations of employee exposure shall be made from breathing-zone air samples that reflect the monitored employee's regular, daily 8-hour TWA exposure to cadmium.
(iv) Eight-hour TWA exposures shall be determined for each employee on the basis of one or more personal breathing-zone air samples reflecting full shift exposure on each shift, for each job classification, in each work area. Where several employees perform the same job tasks, in the same job classification, on the same shift, in the same work area, and the length, duration, and level of cadmium exposures are similar, an employer may sample a representative fraction of the employees instead of all employees in order to meet this requirement. In representative sampling, the employer shall sample the employee(s) expected to have the highest cadmium exposures.
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1127.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 5 |
| 2025 | 4 |
| 2026 | 4 |
Top states: MI (11), OR (1), WI (1), PA (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| AMERICA'S CHOICE REMODELING | HUMMELSTOWN, PA | $5,675 |
| CR MANAGEMENT GROUP LLC | CADOTT, WI | $1,567 |
| 317733278 - ANDRITZ INC | OR | $185 |
| SEAWAY PAINTING LLC | RUDYARD, MI | $0 |
| ROCK RIVER TOWNSHIP | CHATHAM, MI | $0 |
Free toolbox talk
A 5-minute crew talk on 1926.1127(d)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.1127(d)(1).
Related parts of this rule
- 1926.1127(d) Exposure Monitoring 26 citations
- 1926.1127(d)(1)(i) 13 citations
- 1926.1127(d)(2) Specific 12 citations
- 1926.1127(d)(2)(i) 12 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 determines if cadmium is present?
A competent person designated by the employer.
When must this be done?
Prior to the performance of any construction work where employees may be exposed.
How are exposures measured?
From personal breathing-zone air samples reflecting full-shift exposure, for each job classification in each work area.
About this page
Sources
- 29 CFR 1926.1127 (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.
