OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

September 4, 1996

Wendy K. Loerch, Editor
Contracting Profits Magazine
Trade Press
2100 W Florist Avenue
Milwaukee, Wisconsin 53209-3799

Dear Ms. Loerch:

This is in response to your inquiry of July 10, to Mr. Edward Stern of the Directorate of Policy in the Occupational Safety and Health Administration (OSHA), relating to OSHA's Asbestos Standard for Construction, 29 CFR 1926.1101.

Your question concerns employees of a cleaning firm that is under contract with an owner of a facility that has asbestos containing material (ACM) installed in it. You asked who is responsible for providing these employees with the training on asbestos that OSHA requires and who must pay for this training.

The owner of the contract cleaning firm is responsible for providing the training and for paying for it.

Please be aware that the Construction Asbestos Standard pertains to the cleaning of areas that have been contaminated with asbestos containing dust or debris from a project involving asbestos. If the cleaning contract does not include this type of work, but is for only routine cleaning of the building, then the General Industry asbestos standard, 29 CFR 1910.1001, applies rather than 29 CFR 1926.1101. The training requirements of the General Industry Standard are found at 29 CFR 1910.1001(j)(7) and the housekeeping requirements are found at 29 CFR 1910.1001(k)(enclosure).

We appreciate the opportunity to clarify this matter for you. If you have further questions, please contact your local OSHA office which is Madison Area Office, 4802 East Broadway, Madison, Wisconsin 53716, (608) 264-5388 or you may contact the Office of Health Compliance Assistance at (202) 219-8036.


Ruth McCully, Director
Office of Health Compliance Assistance