1926.1127(d)(1)(i): Determining if Cadmium Rules Apply
Before any construction work where workers may be exposed to cadmium, the employer must have a competent person find out if cadmium is present and if exposure could be at or above the action level. This uses investigation and testing as needed, including reviewing plans, past reports, SDSs and other records, and talking with the property owner and others.
Key takeaways
- 1926.1127(d)(1)(i) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 13 times in the last 3 years, in 13 inspections, with $7,242 in current penalties.
- Most citations: MI (11), WI (1), PA (1).
- Related part: 1926.1127(d) Exposure Monitoring (26 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.1127(d)(1)(i) is one requirement inside 1926.1127 Cadmium, 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) Prior to the performance of any construction work where employees may be potentially exposed to cadmium, the employer shall establish the applicability of this standard by determining whether cadmium is present in the workplace and whether there is the possibility that employee exposures will be at or above the action level. The employer shall designate a competent person who shall make this determination. Investigation and material testing techniques shall be used, as appropriate, in the determination. Investigation shall include a review of relevant plans, past reports, Safety Data Sheets (SDS), and other available records, and consultations with the property owner and discussions with appropriate individuals and agencies. 13 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1127.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 5 |
| 2025 | 4 |
| 2026 | 4 |
Top states: MI (11), WI (1), PA (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| AMERICA'S CHOICE REMODELING | HUMMELSTOWN, PA | $5,675 |
| CR MANAGEMENT GROUP LLC | CADOTT, WI | $1,567 |
| SEAWAY PAINTING LLC | RUDYARD, MI | $0 |
| ROCK RIVER TOWNSHIP | CHATHAM, MI | $0 |
| NEXT GENERATION CONSTRUCTION, LLC | LANSING, MI | $0 |
Free toolbox talk
A 5-minute crew talk on 1926.1127(d)(1)(i), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.1127(d)(1)(i).
Related parts of this rule
- 1926.1127(d) Exposure Monitoring 26 citations
- 1926.1127(d)(1) General 14 citations
- 1926.1127(d)(2) Specific 12 citations
- 1926.1127(d)(2)(i) 12 citations
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Frequently asked questions
Who makes the cadmium determination?
A competent person designated by the employer.
When must it be done?
Prior to the performance of any construction work where employees may be potentially exposed to cadmium.
What does the investigation include?
Review of plans, past reports, SDSs and other records, plus consultation with the property owner and appropriate individuals and agencies.
About this page
Sources
- 29 CFR 1926.1127 (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.