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.

November 14, 2024

Johnathan May
25 Goss Drive
Hampton, GA 30228

Dear Mr. May:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA). Your letter was forwarded to the Directorate of Enforcement Programs for a reply to your questions regarding compliant building remediation protocols for asbestos-containing-building-materials (ACBM) under OSHA’s Asbestos standard for construction, 29 CFR § 1926.1101. This letter constitutes OSHA’s interpretation only of the requirements herein and may not be applicable to any situation not delineated within your original inquiry. Your paraphrased questions are identified below, followed by our responses.

Background: In your letter, you stated that you represent the property remediation industry and are a member of the Institute of Inspection, Cleaning, and Restoration Certification (IICRC). Companies in this industry may perform property remediation work after fires, natural disasters, or crimes involving blood, and properties may have water damages or contain hazardous materials, such as asbestos. You stated that most of this industry’s work activities are conducted on residential homes. You asserted that asbestos clean-up operations for this industry are covered under OSHA’s general industry standard for asbestos [29 CFR § 1910.1001].

As a preliminary matter, even if a property remediation company is not a typical construction company, the described remediation activities, if involving ACBM, would be covered by OSHA’s construction standard for asbestos [29 CFR § 1926.1101], not the general industry standard. The following is an existing OSHA letter on this topic:

Question 1: Has asbestos been banned from being used in products in the U.S.? If not, could it be found in home construction materials today?

Response: Asbestos use in the nation has been declining for decades, and the U.S. Environmental Protection Agency (EPA) has issued regulations prohibiting certain uses of asbestos. Nevertheless, ACBM may still be found in many home construction materials, more so in homes built before 1980.1 In March 2024, EPA finalized the risk management rule for chrysotile asbestos. The rule prohibits ongoing uses of the only known form of asbestos currently imported, processed and distributed in the U.S.2 The EPA did not ban spray-applied surfacing asbestos-containing material for fireproofing/insulating purposes until 1973.3 In 1977, the U.S. Consumer Product Safety Commission banned the consumer wall-patching compounds containing respirable asbestos fibers (e.g., joint compounds and drywall tape) used in residences, schools, hospitals, public buildings or other areas where consumers have customary access.4 The EPA did not ban certain cement products, vinyl-asbestos floor tile, and other building products from re-entering the market until 2019. The EPA lists several places where asbestos may be found, including attic and wall insulation, vinyl floor tiles, roofing and siding shingles, textured paint, and pipes.2

In the context of your industry, property remediation, it is possible to encounter asbestos and asbestos-containing materials (ACMs) in buildings. This is especially true of construction and demolition, including private dwellings, built no later than 1980. Please note that OSHA’s Asbestos standard for construction, 29 CFR § 1926.1101, contains requirements for “presumed asbestos containing material” (PACM), which the standard defines as “thermal system insulation and surfacing material found in buildings constructed no later than 1980.”

Question 2: Following a natural disaster (e.g., hurricane, large tornados, or major winter storms) does OSHA allow an employer to skip the process of testing for asbestos materials within a workspace?

Response: Yes, a comprehensive wall-to-wall testing requirement is not necessary to protect employees against risks of exposure to asbestos when conducting removal or repair of ACBM if the Asbestos standard is followed. (59 Fed. Reg. 41015 1994). However, the standard considers installed thermal system insulation and surfacing material found in buildings constructed no later than 1980 to be PACM (presumed asbestos containing material), which subjects the employer to additional requirements. An employer may use bulk sampling results to rebut the PACM designation, pursuant to paragraph (k) of the standard. Additionally, an employer must assume resilient flooring material, including associated mastic and backing, is asbestos-containing unless an industrial hygienist determines that it is asbestos-free using recognized analytical techniques (e.g., bulk sampling and analysis).4

Please note that other building materials such as wallboard and wallboard systems may contain asbestos, but unless an employer has specific knowledge or should have known through the exercise of due diligence that these other materials contain asbestos, the standard does not compel the building owner to sample these materials.5 The standard classifies the removal of wallboard systems that contain asbestos as Class II work, which requires that the employer conduct only personal exposure monitoring in accordance with paragraph (f), not bulk sampling. Paragraph (k)(1)(i) of the Asbestos standard discusses identifying installed ACBM, as shown in the excerpt below:

Employers and building owners shall identify [thermal system insulation] TSI and sprayed or troweled on surfacing materials in buildings as asbestos-containing, unless they determine in compliance with paragraph (k)(5) of this section that the material is not asbestos-containing. Asphalt and vinyl flooring material installed no later than 1980 must also be considered as asbestos containing unless the employer, pursuant to paragraph (g)(8)(i)(I) of this section determines that it is not asbestos-containing. If the employer/building owner has actual knowledge, or should have known through the exercise of due diligence, that other materials are asbestos-containing, they too must be treated as such. When communicating information to employees pursuant to this standard, owners and employers shall identify “PACM” as ACM.

An existing letter of interpretation discusses the practice of bulk sampling to rebut the PACM designation:

Please note that on all construction worksites covered by this standard, the employer must designate a competent person, per Section 1926.1101(o)(1). OSHA’s definitions of a competent person are provided in Sections 1926.1101(b) and 1926.32(f).

Note, although contractors have OSHA compliance obligations, private homeowners who have work done in their homes are not “employers” under the OSH Act or “building owners” under the asbestos standard, so they do not have OSHA compliance obligations with respect to asbestos (see OSHA letter to Walter Zemotel, 10/16/2008).6 Also, OSHA provides some guidance, including information on asbestos, for the construction industry who will participate in hurricane response and recovery jobs on its website.7,8 Additionally, OSHA recently wrote this letter to a disaster remediation company regarding hazard assessments at disaster clean-up sites with multiple employers (see OSHA letter to Jordan Frazier, 3/28/2024).9

Question 3: During most projects in our industry, we are working within a home structure. For example, a mitigation company has drywall and joint compound that is damaged from contaminated water. In most projects, we would remove 24 inches high of the sheetrock from the floor up past the damaged area. However, before disturbing the drywall, it would need to be sampled for asbestos. In the case where the samples come back positive for asbestos and need to be abated, would all continuous material need to be removed? Is encapsulation of the removed areas of drywall and joint compound allowed?

Response: Your competent person must evaluate the method of remediation to classify the asbestos activity in accordance with the standard and must select the “appropriate control strategy for asbestos exposure” (see paragraph (b) definition of “Competent person”). When removing the 24 inches of damaged sheetrock, the abatement must follow the standard’s Class II or Class III procedures listed in paragraph (g) Methods of compliance of the standard. Paragraph (g)(7)(i) requires that a competent person supervise all Class II work. The definition of Class II asbestos work in paragraph (b) includes, but is not limited to, the removal of asbestos-containing wallboard. We also refer you to these specific requirements about work practices and engineering controls for Class II work listed in subparagraphs (f)(2), (g)(1)-(3), and (g)(7).

Alternatively, Class III procedures in subparagraph (g)(9) may be followed if the removed or disturbed ACM or PACM is limited to a small amount that can be contained in one waste bag of 60 inches in width and length (see paragraph (b) definitions of “Class III” and “Disturbance”).

A competent person may also determine that, after removing damaged wallboard and any disturbed ACM or PACM, encapsulating the remaining areas of the wall and any other disturbed ACBM may be necessary to reduce the hazard of friable asbestos releasing airborne fibers (see 1926.1101(b) – definition of “repair”). Appendix H of the standard explains that the potential for an asbestos-containing product to release breathable fibers depends largely on its degree of friability. Friable means that the material can be crumbled with hand pressure and is therefore likely to emit fibers. The fibrous fluffy sprayed-on materials used for fireproofing, insulation, or sound proofing are considered to be friable, and they readily release airborne fibers if disturbed. Materials such as vinyl-asbestos floor tile or roofing felt are considered non-friable if intact and generally do not emit airborne fibers unless subjected to sanding, sawing and other aggressive operations. Asbestos-cement pipe or sheet can emit airborne fibers if the materials are cut or sawed, or if they are broken.

If all exposed areas of cut wallboard are fully repaired, such with an airless encapsulant spray, then the final restoration work of installing new wallboard may be a Class IV activity under the Asbestos standard, during which employees must follow the procedures in subparagraph (g)(10), where they contact but do not disturb ACM or PACM (see paragraph (b) definition of “Class IV”).

Existing OSHA letters that have discussed ACBM in drywall systems include the following:

Question 4: If encapsulation is an allowed process and all continuous materials are not removed, how does one prevent disturbing the ACM that remains? The customary practice when installing or making drywall repairs is: Install new drywall joining old materials, apply some form of bonding tape to the joining lines of drywall, then apply joint compound to the two materials. After applying joint compound, the area must be sanded down to smooth the surface. If encapsulation was used, how much force would be needed to displace regulated materials from old compound?

Response: As mentioned above, your competent person must evaluate the method of remediation to classify the asbestos activity in accordance with the standard and must select the “appropriate control strategy for asbestos exposure” (see paragraph (b)). OSHA requires that you have the competent person conduct an initial exposure assessment (i.e., using objective data or prior monitoring of conditions “closely resembling” within the past year, or initial monitoring of the current job) to determine the expected exposures per Section 1926.1101(f)(2).10 Unless the competent person’s initial exposure assessment determines that the current asbestos job will not expose workers above the standard’s permissible exposure limits (i.e., a “negative exposure assessment”), then, for Class II work, the employer must conduct periodic monitoring per Section 1926.1101(f)(3). As noted in the response to Question 3, there are specific procedures for Class II and Class III asbestos work. Subparagraph (g)(7)(i) requires that a competent person supervise all Class II work.

Question 5: If the force needed to disturb regulated material is unknown, must the employer take every step to prevent the exposure to its employees and other occupants within the workspace?

Response: The asbestos standard requires that the employer “ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter of air as an eight (8) hour time-weighted average (TWA),” and this applies regardless of whether the employer knows how much force is needed to disturb the asbestos. The employer must also comply with the requirement to inform its employees, adjacent employers, and other employers on multi-employer worksites regarding the location and quantity of ACM/PACM, per subparagraphs (k)(3)(ii) and (d)(1). In addition, please review the following definition and referenced requirements in paragraphs (b) and (e):

Regulated area means: an area established by the employer to demarcate areas where Class I, II, and III asbestos work is conducted, and any adjoining area where debris and waste from such asbestos work accumulate; and a work area within which airborne concentrations of asbestos, exceed or there is a reasonable possibility they may exceed the permissible exposure limit. Requirements for regulated areas are set out in paragraph (e) of this section.

Thank you for your interest in occupational safety and health. I hope you find this information helpful. OSHA’s requirements are set by statute, standards, and regulations. Letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA’s interpretation of the requirements discussed. From time to time, letters are affected when the agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To ensure that you are using the correct information and guidance, please consult OSHA’s website at www.osha.gov.

If you have further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.

Sincerely,

Scott C. Ketcham, Director
Directorate of Enforcement Programs

1: 89 Fed. Reg. 21970 (3/28/2024); 59 Fed. Reg. 40964 (8/10/1994) – “A 1984 EPA study limited to residential, commercial and public buildings nationally, found about three quarters of such buildings had asbestos-containing [thermal system insulation], and over one quarter of the buildings contained sprayed-on or troweled-on asbestos containing surfacing material... The materials are usually accessible. Surfacing material was applied for decorative and acoustical purposes early on, and was later applied as insulation coating to protect structural steel during fires.” (59 Fed. Reg. 41015 1994).

2: https://www.epa.gov/asbestos/learn-about-asbestos.

3: https://www.epa.gov/asbestos/epa-actions-protect-public-exposure-asbestos.

4: 29 CFR § 1926.1101(g)(8)(i)(I).

5: https://www.osha.gov/laws-regs/standardinterpretations/1997-02-07-0.

6: https://www.osha.gov/laws-regs/standardinterpretations/2008-10-16.

7: https://www.osha.gov/etools/hurricane/activity-sheets/building/demolition.

8: https://www.osha.gov/etools/hurricane/activity-sheets/building/clean-up-repair.

9: https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

10: For detailed discussions of the construction standard’s terms and requirements for “initial exposure assessment,” “objective data,” and “closely resembling,” please see 59 Fed. Reg. 40984-40985, August 10, 1994.