29 CFR 1926 · Construction · Subpart Z

1926.1101(k)(2)(ii): Owners Must Notify Others of Asbestos

By Black Belt Safety Editorial Team Official text as of October 15, 2026 Data updated October 20, 2026 3 min read

In plain words:

Building and facility owners must notify certain people of the presence, location and quantity of ACM or PACM at work sites in their buildings, in writing or by personal communication. This includes prospective employers bidding for work, the owner's own employees, all employers on multi-employer worksites and tenants who will occupy those areas.

Key takeaways

  • 1926.1101(k)(2)(ii) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
  • OSHA cited it 64 times in the last 3 years, in 64 inspections, with $106,979 in current penalties.
  • Most citations: MI (38), VA (7), MD (3).
  • Related part: 1926.1101(k) Communication of hazards (631 citations).
  • Free 5-minute toolbox talk for your crew below.
64citations, 3 years
$106,979current penalties
64inspections
0linked injury cases
In this article
  1. What this rule covers
  2. Official text
  3. Where and how often it was cited
  4. Free toolbox talk
  5. OSHA interpretation letters
  6. Related parts of this rule
  7. Get your crew competent
  8. Frequently asked questions
  9. About this page

What this rule covers

29 CFR 1926.1101(k)(2)(ii) is one requirement inside 1926.1101 Asbestos, 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

(ii) Building and/or facility owners shall notify the following persons of the presence, location and quantity of ACM or PACM, at the work sites in their buildings and facilities. Notification either shall be in writing, or shall consist of a personal communication between the owner and the person to whom notification must be given or their authorized representatives: 64 citations

(A) Prospective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing such material; 7 citations

(B) Employees of the owner who will work in or adjacent to areas containing such material: 4 citations

(C) On multi-employer worksites, all employers of employees who will be performing work within or adjacent to areas containing such materials; 1 citations

(D) Tenants who will occupy areas containing such material. Open (k)(2)(ii)(d)

Source: eCFR, text current as of 2026-10-15. Read all of 1926.1101.

Where and how often it was cited

YearCitations
20234
202417
202525
202618

Top states: MI (38), VA (7), MD (3), IA (2), IL (2)

Largest penalties

EmployerLocationPenalty for this rule
MAXMARK HOMES, L.L.C. DBA BUILDTEK SOLUTIONS, L.L.C.LEXINGTON, VA$26,000
DAIKIN APPLIED AMERICAS INC.VERONA, VA$14,660
GO GLEN ELLYN TWO, LLCGLEN ELLYN, IL$11,585
WALMART INC.HIGGINSVILLE, MO$9,458
GREENBRIER MANAGEMENT COMPANYPORTSMOUTH, VA$5,002

Free toolbox talk

A 5-minute crew talk on 1926.1101(k)(2)(ii), plus alerts when this rule changes. Free.




OSHA interpretation letters

Related parts of this rule

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 building owners notify?

Prospective employers bidding for work, the owner's employees, all employers on multi-employer sites whose workers will be in or near the material, and tenants who will occupy those areas.

What must the notice include?

The presence, location and quantity of ACM or PACM.

How must the notice be given?

Either in writing or by personal communication with the person or their authorized representative.

About this page

Sources

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.

Written and reviewed by

Black Belt Safety Editorial Team

Site Safety Officer and Safety Professional

OSHA 30 · CPR · USACE CQM

Written and reviewed by the Black Belt Safety team. Every post is checked against the OSHA standard or agency source it cites.

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