US Dept of Labor

Occupational Safety & Health AdministrationWe Can Help

Standard Interpretations - Table of Contents
• Standard Number: 1926.1101; 1910.1001; 1910.12(b)


This letter constitues OSHA's interpretation only of the requirements discussed and may not be applicable to any situation not delineated within the original correspondence.


September 26, 2001

William E. Longo, Ph.D.
President
MAS
3945 Lakefield Court
Suwanee, GA 30024

Dear Dr. Longo:
Thank you for your August 8 letter to Mr. John F. Martonik, Director of the Office of Program Evaluation, Directorate of Policy for the Occupational Safety and Health Administration. Your letter was forwarded to the OSHA's Directorate of Compliance Programs to answer your question regarding a sbestos standard coverage. Your question is summarized below, followed by our response.

Question:   Does the asbestos construction standard (1926.1101) apply to maintenance and repair of sheet gaskets that contain asbestos rather than the general industry standard (1910.1001) even though the company performing the work is not a construction company?

Reply:   Yes. According to the asbestos construction standard (29 CFR 1926.1101), "this section regulates asbestos exposure in all work as defined in 29 CFR 1910.12(b), including ? construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain asbestos." The Federal Register (59 FR 40964, Aug. 10, 1994) further explains, "asbestos work which involves removal, repair, maintenance or demolition is explicitly regulated by the construction standard even if such work is performed within a facility otherwise regulated under the general industry standard."

Thank you for your interest in occupational safety and health. We hope you find this information helpful. 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. 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 the OSHA website at http://www.osha.gov. If you have any further questions, please feel free to contact the Office of Health Compliance Assistance at (202) 693-2190.

Sincerely,



Richard E. Fairfax, Director
Directorate of Compliance Programs

cc: John F. Martonik, Directorate of Policy



Standard Interpretations - Table of Contents

Thank You for Visiting Our Website

You are exiting the Department of Labor's Web server.

The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.

Close