Asbestos signs, training and building-owner duties

January 24, 1996

Ms. Lisa K. Rushton
Hopping, Green, Sams and Smith
Professional Association
Attorneys and Counselors
[Recipient address omitted]
Dear Ms. Rushton:

Thank you for your letter of September 29, concerning the Occupational Safety and Health Administration's (OSHA) Asbestos Standard (29 CFR 1910.1001 and 29 CFR 1926.1101).

You requested specific clarification on three issues related to the asbestos standard, which will be addressed in the order in which they were presented.

Your interpretation of 1910.1001(j)(4)(i) regarding warning labels and signs for building owners is correct. Signs and labels are required to be posted on or near the product. However, it is generally not feasible to put labels on walls and floors. If it is not feasible, alternatives may be used. For example, if asbestos containing floors are being serviced by employees using a common equipment room day after day, then a sign or label for the asbestos flooring can be posted in that room.

Your interpretation of 1926.1101(k)(9)(v) regarding training for Class III workers is correct. When the competent person determines that the Environmental Protection Agency (EPA) curriculum does not cover activities that the workers perform, training shall then include all elements of paragraph (k)(9)(viii), work practices and engineering controls in paragraph (g) and "hands-on" training. The length (hours) of the training was not specified in the standard.

You inquired about how your client, when installing electronic and other equipment, can ensure that the building owner has identified all asbestos containing materials (ACMs) and presumend asbestos-containing materials (PACMs) materials, and has properly labeled and/or posted those materials or work areas.

It is the responsibility of the building owner to ensure that this information is provided to all employers in the building, as well as contractors doing work in the building. Any contractor can and should request the information, if not provided, prior to any contractual agreement. The contractor may also consider requesting a walk through of the work area by an employee that has received asbestos training prior to any contractual agreement.

We hope this information is helpful. If you have any further questions please contact [the Office of Health Enforcement at (202) 693-2190].

Sincerely,
John B. Miles Jr., Director
Directorate of Compliance Programs

[Requester letter reproduced on OSHA page; omitted here.]

[Corrected 12/6/2024]