1926.1101(m)(1): Asbestos Medical Surveillance
Employers must provide a medical surveillance program for employees who, for a combined total of 30 or more days per year, do Class I, II or III asbestos work or are exposed at or above a permissible exposure limit. Exams must be done by or under a licensed physician at no cost and at a reasonable time and place, and workers who must wear negative pressure respirators must be found physically able to do so.
Key takeaways
- 1926.1101(m)(1) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 18 times in the last 3 years, in 17 inspections, with $20,319 in current penalties.
- Most citations: MI (9), IL (2), NV (1).
- Related part: 1926.1101(m) Medical surveillance— (130 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.1101(m)(1) ("General") 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
(1) General — 18 citations
(i) Employees covered. Open (m)(1)(i) 18 citations
(A) The employer shall institute a medical surveillance program for all employees who for a combined total of 30 or more days per year are engaged in Class I, II and III work or are exposed at or above a permissible exposure limit. For purposes of this paragraph, any day in which a worker engages in Class II or Class III operations or a combination thereof on intact material for one hour or less (taking into account the entire time spent on the removal operation, including cleanup) and, while doing so, adheres fully to the work practices specified in this standard, shall not be counted. 6 citations
(B) For employees otherwise required by this standard to wear a negative pressure respirator, employers shall ensure employees are physically able to perform the work and use the equipment. This determination shall be made under the supervision of a physician. Open (m)(1)(i)(b) 12 citations
(ii) Examination.
(A) The employer shall ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and are provided at no cost to the employee and at a reasonable time and place.
(B) Persons other than such licensed physicians who administer the pulmonary function testing required by this section shall complete a training course in spirometry sponsored by an appropriate academic or professional institution.
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1101.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 5 |
| 2025 | 8 |
| 2026 | 5 |
Top states: MI (9), IL (2), NV (1), VA (1), TN (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| TOWNSHIP OF TOMS RIVER DEPARTMENT OF PUBLIC WORKS | TOMS RIVER, NJ | $7,000 |
| EDGE RESTORATION LAS VEGAS, LLC | LAS VEGAS, NV | $4,839 |
| SANDOVAL ENVIRONMENTAL SERVICES, LLC. | ALEXANDRIA, VA | $3,900 |
| K.L.F. ENTERPRISES, INC. | WAUKEGAN, IL | $3,726 |
| 109277 - PREMIERE RESTORATION LLC | MANKATO, MN | $854 |
Free toolbox talk
A 5-minute crew talk on 1926.1101(m)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
Related parts of this rule
- 1926.1101(m) Medical surveillance— 130 citations
- 1926.1101(m)(2) Medical examinations and consultations 70 citations
- 1926.1101(m)(4) Physician's written opinion 42 citations
- 1926.1101(m)(4)(i) 42 citations
- 1926.1101(m)(2)(ii) Content 42 citations
- 1926.1101(m)(2)(i) Frequency 28 citations
- 1926.1101(m)(1)(i) Employees covered 18 citations
- 1926.1101(m)(1)(i)(B) 12 citations
- 1926.1101(m)(2)(ii)(C) 8 citations
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Frequently asked questions
Who is covered by asbestos medical surveillance?
Employees who for a combined total of 30 or more days per year do Class I, II and III work or are exposed at or above a permissible exposure limit.
Are short Class II or III jobs counted?
A day of Class II or III work on intact material for one hour or less, done fully following the required work practices, is not counted.
Who pays for the exams?
The employer; exams are provided at no cost to the employee by or under the supervision of a licensed physician.
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 2026-10-19
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.