Building-owner asbestos records and occupant notices

February 21, 1996

Ms. Sandra L. Wiseman
Project Engineer
MERCK Manufacturing Division
Merck & Co., Inc.
[Recipient address omitted]
Dear Ms. Wiseman:

This is in response to your letter of September 14, 1995, regarding building and/or facility owner notification requirements in the Occupational Safety and Health Administration's (OSHA's) General Industry Asbestos Standard, 29 CFR 1910.1001, and Construction Asbestos Standard, 29 CFR 1926.1101.

You requested an interpretation of what the specific recordkeeping requirements are under 29 CFR 1910.1001(j)(2)(ii).

Rule 29 CFR 1910.1001(j)(2)(ii) requires building and facility owners to maintain records of information concerning the presence, location and quantity of asbestos-containing material (ACM) and presumed asbestos-containing material (PACM) installed in their building or facility. In OSHA's view, the information concerning the presence of ACM must identify the type of ACM present. It also must include data supporting any rebuttal of the presumption that a material contains asbestos. The information concerning the location and quantity of installed ACM and PACM must be kept current by documenting the work that is performed that changes the information and by providing the location and quantity of ACM or PACM remaining at the completion of the work.

You requested the interpretation of "work site" in the sense of its use at 29 CFR 1926.1101(k)(2)(ii) in the Asbestos Construction Standard.

The "work site" is the location where work subject to the Asbestos Construction Standard is performed.

You requested clarification of the building and/or facility owner's notification requirements under 29 CFR 1926.1101(k)(2)(ii)(B) and (D).

Rule 29 CFR 1926.1101(k)(2)(ii)(B) pertains to employees of the building and/or facility owner. The rule requires the owner to notify his/her maintenance and custodial employees of the presence, location, and quantity of ACM or PACM in the areas of the building or facility where they perform work. In addition, the rule requires the owner to notify his/her other employees who work in or adjacent to areas where work subject to the Construction Asbestos Standard is about to take place of the presence, location, and quantity of ACM or PACM in the said areas.

Rule 29 CFR 1926.1101(k)(2)(ii)(D) pertains to commercial tenants rather than residential tenants of the building and/or facility owner. The rule requires the owner to notify commercial tenants of the presence, location, and quantity of ACM or PACM in the areas of the building or facility they are renting or leasing.

We appreciate the opportunity to clarify these matters for you. If you have further questions please contact [the Office of Health Enforcement at (202) 693-2190].

Sincerely,
Ruth McCully, Director
Office of Health Compliance Assistance

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

[Corrected 12/6/2024]