1926.1101(k)(2): Building Owner Duties for Asbestos
Before asbestos-related work begins, building and facility owners must determine the presence, location and quantity of ACM and PACM at the work site. They must notify prospective employers bidding for work, their own employees, all employers on multi-employer sites, and tenants who will work in or near or occupy those areas, either in writing or by personal communication.
Key takeaways
- 1926.1101(k)(2) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 121 times in the last 3 years, in 89 inspections, with $189,830 in current penalties.
- Most citations: MI (62), VA (17), IA (5).
- 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)(2) ("Duties of building and facility owners") is one requirement inside 1926.1101 Asbestos, an OSHA construction standard (Part 1926, Subpart Z). It includes 6 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
(2) Duties of building and facility owners. 121 citations
(i) Before work subject to this standard is begun, building and facility owners shall determine the presence, location, and quantity of ACM and/or PACM at the work site pursuant to paragraph (k)(1)(i) of this section. Open (k)(2)(i) 57 citations
(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: Open (k)(2)(ii) 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
| Year | Citations |
|---|---|
| 2023 | 7 |
| 2024 | 38 |
| 2025 | 42 |
| 2026 | 34 |
Top states: MI (62), VA (17), IA (5), OR (5), MD (4)
Largest penalties
| Employer | Location | Penalty 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 |
| PEPPER PALACE, INC. | WILLIAMSBURG, VA | $14,290 |
| GO GLEN ELLYN TWO, LLC | GLEN ELLYN, IL | $11,585 |
| MORNINGSIDE UNIVERSITY | SIOUX CITY, IA | $10,050 |
Free toolbox talk
A 5-minute crew talk on 1926.1101(k)(2), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Requirement for facility owners to notify tenants or employers of presence of ACM and PACM. (2007-01-16)
- Requirements for providing awareness training for employees performing housekeeping duties; providing notification of ACM/PACM for employers and employees. (2006-01-17)
- 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)(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
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Frequently asked questions
Does the building owner have to identify asbestos?
Yes. Owners must determine the presence, location and quantity of ACM and/or PACM before work begins.
Who must the owner notify?
Prospective employers bidding for work, the owner's own employees, all employers on multi-employer worksites, and tenants who will occupy those areas, when they work in or adjacent to, or will occupy, areas with the material.
How must notification be given?
In writing or by personal communication with the person or their authorized representative.
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.