1926.1101(k)(1): Asbestos Hazard Communication
Building owners and employers must identify thermal system insulation and sprayed or troweled on surfacing materials as asbestos-containing unless they determine otherwise under paragraph (k)(5), and treat asphalt and vinyl flooring installed no later than 1980 as asbestos-containing unless shown otherwise. Employers must include asbestos in their hazard communication program and make sure employees have access to labels and safety data sheets and are trained.
Key takeaways
- 1926.1101(k)(1) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 24 times in the last 3 years, in 22 inspections, with $25,662 in current penalties.
- Most citations: AK (4), IL (3), VA (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)(1) ("Hazard communication") 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
(1) Hazard communication. 24 citations
(i) This section applies to the communication of information concerning asbestos hazards in construction activities to facilitate compliance with this standard. Most asbestos-related construction activities involve previously installed building materials. Building owners often are the only and/or best sources of information concerning them. Therefore, they, along with employers of potentially exposed employees, are assigned specific information conveying and retention duties under this section. Installed Asbestos Containing Building Material. Employers and building owners shall identify TSI and sprayed or troweled on surfacing materials in buildings as asbestos-containing, unless they determine in compliance with paragraph (k)(5) of this section that the material is not asbestos-containing. Asphalt and vinyl flooring material installed no later than 1980 must also be considered as asbestos containing unless the employer, pursuant to paragraph (g)(8)(i)(I) of this section determines that it is not asbestos-containing. If the employer/building owner has actual knowledge, or should have known through the exercise of due diligence, that other materials are asbestos-containing, they too must be treated as such. When communicating information to employees pursuant to this standard, owners and employers shall identify “PACM” as ACM. Additional requirements relating to communication of asbestos work on multi-employer worksites are set out in paragraph (d) of this section. Open (k)(1)(i) 6 citations
(ii) The employer shall include asbestos in the program established to comply with the Hazard Communication Standard (HCS) (§ 1910.1200). The employer shall ensure that each employee has access to labels on containers of asbestos and safety data sheets, and is trained in accordance with the provisions of HCS and paragraphs (k)(9) and (10) of this section. The employer shall provide information on at least the following hazards: Cancer and lung effects. Open (k)(1)(ii) 18 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 | 11 |
| 2025 | 9 |
| 2026 | 4 |
Top states: AK (4), IL (3), VA (3), IN (3), NC (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| WIL-SURGE ELECTRIC, INC | MILWAUKEE, WI | $7,904 |
| JM ROMICH ENTERPRISES, INC | GREECE, NY | $5,250 |
| 317735716 - PETRA DESIGN BUILD LLC | WEST LINN, OR | $2,882 |
| SANDOVAL ENVIRONMENTAL SERVICES, LLC. | ALEXANDRIA, VA | $2,600 |
| CONCRETE CONSTRUCTION COMPANY | GLEN ELLYN, IL | $2,400 |
Free toolbox talk
A 5-minute crew talk on 1926.1101(k)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Asbestos standards applicable to disaster remediation of a home structure (2024-11-14)
- 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)(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)(5) 31 citations
- 1926.1101(k)(9)(iv) 28 citations
- 1926.1101(k)(9)(iv)(A) 26 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
Which materials must be treated as asbestos-containing?
Thermal system insulation and sprayed or troweled on surfacing materials, plus asphalt and vinyl flooring installed no later than 1980, unless shown not to contain asbestos under the rule.
Who has duties under this rule?
Building owners and employers of potentially exposed employees have information and record duties.
Does asbestos need to be in the hazard communication program?
Yes. The employer must include asbestos in the program set up under the Hazard Communication Standard (1910.1200).
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.