1926.1101(k)(5)(i): Showing PACM Does Not Contain Asbestos
An employer or building owner may at any time demonstrate that presumed asbestos-containing material (PACM) does not contain asbestos. Once that demonstration is made under (k)(5)(ii), they need not communicate information about that material, but they must keep the information, data and analysis supporting the determination as required by paragraph (n).
Key takeaways
- 1926.1101(k)(5)(i) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 25 times in the last 3 years, in 25 inspections, with $5,445 in current penalties.
- Most citations: MI (24), VA (1).
- 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)(i) is one requirement inside 1926.1101 Asbestos, an OSHA construction standard (Part 1926, Subpart Z). 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
(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. 25 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 | 11 |
| 2026 | 10 |
Top states: MI (24), VA (1)
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)(i), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.1101(k)(5)(i).
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
Can PACM be ruled out as asbestos?
Yes, an employer or building owner may demonstrate at any time that PACM does not contain asbestos.
Must the material still be communicated as asbestos?
No, once a demonstration under (k)(5)(ii) is made, they are not required to communicate information about its presence.
Must records be kept?
Yes, the supporting 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.