You can show PACM does not contain asbestos either by an AHERA inspection that finds no ACM or by laboratory testing of bulk samples collected and analyzed to the required standards; for flooring (including mastic/backing) an industrial hygienist may make a determination based on recognized analytical techniques.
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If you rely on an AHERA inspection, follow the option in 1910.1001(j)(8)(ii)(A), i.e., have a completed inspection conducted under AHERA (40 CFR 763, Subpart E) that shows no ACM in the material.
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If you rely on testing, follow 1910.1001(j)(8)(ii)(B):
- Have bulk samples collected in the manner described in 40 CFR 763.86.
- Use an accredited inspector or a certified industrial hygienist (CIH) to collect/evaluate samples.
- Ensure analysis is done by persons or labs with demonstrated proficiency (for example, participation in NVLAP, NIST, or the AIHA Round Robin) as required by the rule.
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For flooring (including mastic and backing) you may also meet the rule by obtaining a determination from an industrial hygienist based on recognized analytical techniques as set out in 1910.1001(j)(8)(iii).
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Keep documentation of whatever method you use. If you rely on objective data or test results, maintain records showing the product, source of data, testing protocol and results, and how the data support any exemption or conclusion, as required by 1910.1001(m)(2).
Note: if your work is remediation of asbestos-containing building materials in structures (for example post-fire or water-damaged homes), OSHA has clarified that many remediation activities are covered by the construction asbestos standard (29 CFR 1926.1101) rather than the general industry standard; consult OSHA’s Asbestos remediation protocols interpretation and a qualified industrial hygienist to determine which standard applies before you start work.
Practical tips: use a qualified inspector/CIH, follow 40 CFR 763.86 for sampling, send samples to a certified lab with current proficiency, and keep the documentation with your asbestos records so you can demonstrate compliance to OSHA inspectors.