May 7, 2026

Dustin Taylor
Watchdog Home Solutions, Inc.
5878 Alabama Hwy NW
Rome, GA 30165

Dear Mr. Taylor:

This is in response to your April 10, 2025, emailed letter to the U.S. Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA), Directorate of Enforcement Programs (DEP). Your letter asked about the application of OSHA's Asbestos standard, 29 CFR § 1926.1101, to the installation of new drywall/wallboard in single-family residences after removal or repair of water-damaged asbestos-containing materials (ACM) by a licensed asbestos contractor, but where existing intact ACM has been left in the home.

You described repairing flood cuts by abutting new wallboard to existing wallboard containing more than 1% asbestos or existing joint compound containing more than 1% asbestos by using aggressive sanding methods. During follow-up communications with our office, you stated that your state's home property insurance adjusters use asbestos-licensed contractors to remove and repair water-damaged ACM, but they typically do not use asbestos-licensed contractors to install new drywall/wallboard when ACM remains that may be contacted or disturbed. Thus, you are concerned that employees and homeowners may be exposed to asbestos hazards because you believe the insurance adjusters are not aware of OSHA's asbestos requirements, and you also believe the contractors may not realize there is existing intact ACM in these homes that may be disturbed during their work to install new drywall/wallboard and other building materials such as joint compound.

In response to your inquiry, our office previously provided you a letter of interpretation from OSHA to Johnathan May, November 14, 2024, which described flood-damage restorations in older homes involving ACM.¹ That letter explained how OSHA's Asbestos standard² applies to drywall contractors who may be contacting or disturbing any remaining ACM in the home. Post-abatement drywall restoration work would be Class IV if the activity would contact but not disturb the remaining ACM. However, in cases where the activity would disturb existing ACM, the work would be a Class III activity. Before any asbestos activity takes place, workers would need to be appropriately trained, and the competent person³ who must be involved would need specialized training pursuant to the EPA requirements referenced in OSHA's standard at 29 CFR § 1926.1101(b).

We also previously provided you with an OSHA letter of interpretation that clarified that asbestos-containing joint compound is not considered surfacing ACM.⁴ Please also review another OSHA letter of interpretation and an OSHA memorandum that discussed ACM in drywall systems (see footnotes).⁵,⁶

The work you describe would be Class II or Class III asbestos work because the ACM is likely to be removed and/or disturbed.⁷ The work you describe - potential aggressive sanding of the joint compound and wallboard - is likely not Class I asbestos work because joint compound and wallboard are not surfacing materials defined by the standard as material that is sprayed, troweled-on, or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes).⁸

Your letter also described conflicting guidance you have received from your state's home property insurance adjusters and from your state's Environmental Protection Division (EPD) of the Georgia Department of the Natural Resources. Your letter stated the following:

Local code enforcement suggests I am at liberty to abut new wallboard to the existing asbestos-positive wallboard/joint compound without notifying EPD or undertaking special asbestos licensing/ disposal/ containment measures. However, the EPD in Georgia advises they are "unaware of any way new drywall can be installed or abutted to positive wbjc [wallboard or joint compound] and the positive wbjc remain intact."

During the restoration work, e.g., installation of new drywall abutted to positive wallboard or joint compound, regardless of whether or not the remaining ACM remains intact, the work is covered by OSHA's Asbestos standard, 29 CFR 1926.1101, and a competent person must determine what class(es) of asbestos work and required precautions in the standard are triggered by the various activities during the restoration work. OSHA's standard requires that for any Class II asbestos work the competent person must be trained 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. [See 29 CFR 1926.1101(o)(4)(i)]. Competent persons trained for Class I and II work can also oversee Class III and Class IV work. If they are not trained for Class I and II work, then, in order to oversee Class III and Class IV work, they must be trained in a course 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, per paragraph 1926.1101(o)(4)(ii).

Finally, as previously outlined in email correspondence with you, you have the right to file a complaint to an OSHA area office (OSHA Offices by State)⁹ if you know of a specific job that is exposing workers, and an 11(c) (Whistleblower Protection Program)¹⁰ complaint if you fear retaliation.

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,

Erin P. Gilmore, Acting Director
Directorate of Enforcement Programs

cc:

Atlanta Regional Office, OSHA
61 Forsyth St. SW, Room 6T50
Atlanta, GA 30303

Commissioner John F. King
Office of the Commissioner of Insurance and Safety Fire
2 Martin Luther King Jr. Dr.
West Tower, Suite 702
Atlanta, GA 30334

Air Protection Branch, EPD
2 Martin Luther King Jr. Drive SE
Suite 1456, East Tower
Atlanta, GA 30334

State Licensing Board for Residential and
Commercial General Contractors
214 State Capitol
Atlanta, GA 30334

¹ See https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14: "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')."

² See https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.1101

³ A competent person is capable of identifying existing asbestos hazards in the workplace, selecting the appropriate control strategy for asbestos exposure, has the authority to take prompt corrective measures, and is specially trained in courses meeting EPA requirements. 29 CFR § 1926.1101(b).

⁴ See https://www.osha.gov/laws-regs/standardinterpretations/1997-04-28: "OSHA does not consider joint compound to be surfacing material. As indicated on page 41032 of Federal Register, Vol. 59, No. 153, Wednesday, August 10, 1994, joint compound is finishing material."

⁵ See https://www.osha.gov/laws-regs/standardinterpretations/2005-02-01

⁶ See https://www.osha.gov/laws-regs/standardinterpretations/1997-02-07-0

⁷ Class II asbestos work means activities involving the removal of ACM which is not thermal system insulation or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics. Class III asbestos work means repair and maintenance operations, where "ACM", including TSI and surfacing ACM and PACM, is likely to be disturbed. 29 CFR § 1926.1101(b) [underlined emphasis added].

⁸ See https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.1 101: Paragraph (b), "Surfacing material means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes)." "Surfacing ACM means surfacing material which contains more than 1% asbestos." Also, summarizing the definitions for Class I asbestos work and PACM: Class I asbestos work means, in pertinent part, activities involving the removal of surfacing ACM and/or ACM thermal system insulation (TSI) and PACM (Presumed Asbestos Containing Material), which is defined as thermal system insulation and surfacing material found in buildings constructed no later than 1980.

⁹ See https://www.osha.gov/contactus/bystate

¹⁰ See https://www.whistleblowers.gov/