1926.1101(o): Asbestos Competent Person
On all construction worksites covered by the asbestos standard, employers must designate a competent person who makes frequent and regular inspections. For Class I jobs, on-site inspections are required at least once during each work shift and at employee request. For Class I or II work, the competent person sets up regulated areas and containment, controls entry and supervises exposure monitoring.
Key takeaways
- 1926.1101(o) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 63 times in the last 3 years, in 59 inspections, with $63,269 in current penalties.
- Most citations: MI (30), VA (12), UT (4).
- Related part: 1926.1101(o)(3) Additional inspections (35 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.1101(o) ("Competent person") is one requirement inside 1926.1101 Asbestos, an OSHA construction standard (Part 1926, Subpart Z). It includes 17 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
(o) Competent person — 63 citations
(1) General. On all construction worksites covered by this standard, the employer shall designate a competent person, having the qualifications and authorities for ensuring worker safety and health required by subpart C, General Safety and Health Provisions for Construction (29 CFR 1926.20 through 1926.32). Open (o)(1) 18 citations
(2) Required inspections by the competent person. Section 1926.20(b)(2) which requires health and safety prevention programs to provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons, is incorporated.
(3) Additional inspections. In addition, the competent person shall make frequent and regular inspections of the job sites, in order to perform the duties set out below in paragraph (o)(3)(i) of this section. For Class I jobs, on-site inspections shall be made at least once during each work shift, and at any time at employee request. For Class II, III, and IV jobs, on-site inspections shall be made at intervals sufficient to assess whether conditions have changed, and at any reasonable time at employee request. Open (o)(3) 35 citations
(i) On all worksites where employees are engaged in Class I or II asbestos work, the competent person designated in accordance with paragraph (e)(6) of this section shall perform or supervise the following duties, as applicable: Open (o)(3)(i) 32 citations
(A) Set up the regulated area, enclosure, or other containment;
(B) Ensure (by on-site inspection) the integrity of the enclosure or containment; 1 citations
(C) Set up procedures to control entry to and exit from the enclosure and/or area;
(D) Supervise all employee exposure monitoring required by this section and ensure that it is conducted as required by paragraph (f) of this section;
(E) Ensure that employees working within the enclosure and/or using glove bags wear respirators and protective clothing as required by paragraphs (h) and (i) of this section;
(F) Ensure through on-site supervision, that employees set up, use, and remove engineering controls, use work practices and personal protective equipment in compliance with all requirements; 1 citations
(G) Ensure that employees use the hygiene facilities and observe the decontamination procedures specified in paragraph (j) of this section;
(H) Ensure that through on-site inspection, engineering controls are functioning properly and employees are using proper work practices; and, 1 citations
(I) Ensure that notification requirement in paragraph (k) of this section are met.
(ii) [Reserved]
(4) Training for the competent person. Open (o)(4) 10 citations
(i) For Class I and II asbestos work the competent person shall be trained in all aspects of asbestos removal and handling, including: abatement, installation, removal and handling; the contents of this standard; the identification of asbestos; removal procedures, where appropriate; and other practices for reducing the hazard. Such training shall be obtained in a comprehensive course for supervisors that meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763, subpart E, appendix C), such as a course conducted by an EPA-approved or state-approved training provider, certified by EPA or a state, or a course equivalent in stringency, content, and length. 7 citations
(ii) For Class III and IV asbestos work, the competent person shall be trained in aspects of asbestos handling appropriate for the nature of the work, to include procedures for setting up glove bags and mini-enclosures, practices for reducing asbestos exposures, use of wet methods, the contents of this standard, and the identification of asbestos. Such training shall include successful completion of a course that is consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or its equivalent in stringency, content and length. Competent persons for Class III and IV work, may also be trained pursuant to the requirements of paragraph (o)(4)(i) of this section. 3 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1101.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 15 |
| 2025 | 28 |
| 2026 | 19 |
Top states: MI (30), VA (12), UT (4), NV (3), IL (3)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| MWV ENVIRONMENTAL SERVICES, INC. | DETROIT, MI | $12,600 |
| ASHLAND SPECIALTY INGREDIENTS | HOPEWELL, VA | $10,325 |
| CUMBERLAND COUNTY PUBLIC WORKS | PORT NORRIS, NJ | $5,000 |
| NORTHERN HOME IMPROVEMENT, INC. | LANSING, MI | $5,000 |
| ACE EXCAVATING & GRAVEL INC. | KALAMAZOO, MI | $4,000 |
Free toolbox talk
A 5-minute crew talk on 1926.1101(o), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Requirements for tapping or tying-in to asbestos containing cement water pipes for construction. (2007-05-29)
- Application of the asbestos standard to demolition of buildings with ACM in place. (2002-08-26)
- Training for on-site consultants at asbestos abatement projects. (1999-07-01)
Related parts of this rule
- 1926.1101(o)(3) Additional inspections 35 citations
- 1926.1101(o)(3)(i) 32 citations
- 1926.1101(o)(1) General 18 citations
- 1926.1101(o)(4) Training for the competent person 10 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
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Frequently asked questions
How often must the competent person inspect a Class I job?
At least once during each work shift, and at any time at employee request.
What about Class II, III and IV jobs?
At intervals sufficient to assess whether conditions have changed, and at any reasonable time at employee request.
What does the competent person do on Class I or II work?
Sets up the regulated area and containment, checks its integrity, controls entry and exit, and supervises exposure monitoring, among other duties.
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.