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OSHA 1926.1107

3,3'-Dichlorobenzidine requirements

Subpart Z

13 Questions & Answers
10 Interpretations

Questions & Answers

Under 1926.1107, which OSHA standard do I follow for managing 3,3'-Dichlorobenzidine (and its salts) on a construction site?

Under 1926.1107 you must follow the identical requirements set out in 29 CFR 1910.1003 for 3,3'-Dichlorobenzidine. Employers performing construction work covered by 1926.1107 must comply with the provisions in 1910.1003, because the construction rule states the requirements are identical to that general industry standard.

Under 1926.1107, does the regulation cover 3,3'-Dichlorobenzidine salts as well as the parent chemical?

Yes — 1926.1107 covers 3,3'-Dichlorobenzidine and its salts. The title of the construction provision names the chemical explicitly and includes its salts, and the section directs employers to comply with the identical requirements in 1910.1003 as specified in 1926.1107.

If my company performs renovation or remediation (not typical construction) and encounters 3,3'-Dichlorobenzidine, which standard applies?

If the work is construction-type activity (repair, renovation, demolition, or similar onsite work), the construction requirement 1926.1107 applies and you must follow the identical provisions in 1910.1003. OSHA has explained in other interpretations (for example asbestos remediation) that even non-traditional contractors doing construction-like remediation are covered by the construction standard when the activity fits that scope, see OSHA’s interpretation on asbestos remediation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14.

Where can I find the specific requirements (training, monitoring, controls) that apply to 3,3'-Dichlorobenzidine when working under 1926.1107?

You must consult the text of 1910.1003 because 1926.1107 makes the construction requirements identical to that general industry standard. The specific duties—such as training, exposure monitoring, engineering controls, personal protective equipment, medical surveillance, and recordkeeping—are described in the provisions of 1910.1003.

Under 1926.1107, who is responsible for ensuring compliance on a construction site where subcontractors handle 3,3'-Dichlorobenzidine?

The employer controlling the worksite must ensure compliance with the requirements in 1910.1003 as applied through 1926.1107. That means general contractors and subcontractors must coordinate so that required measures (monitoring, controls, training, medical surveillance, labeling) are implemented and enforced according to the applicable provisions in 1910.1003.

Do state-plan OSHA programs have to follow 1926.1107 exactly, or can they adopt different rules for 3,3'-Dichlorobenzidine in construction?

State-plan states must have programs at least as effective as Federal OSHA, so they must provide protection equivalent to 1926.1107 and the identical 1910.1003 requirements; they may adopt more stringent rules. OSHA has discussed state-plan responsibilities and differences in other interpretations (see discussion of state plans in OSHA letters such as https://www.osha.gov/laws-regs/standardinterpretations/2024-08-01).

Under 1926.1107, are exposure monitoring and medical records required for workers exposed to 3,3'-Dichlorobenzidine on construction sites?

Yes — employers must follow the monitoring and medical record provisions contained in 1910.1003 because 1926.1107 makes the construction requirements identical to those general industry requirements. Consult the specific paragraphs of 1910.1003 for the exact monitoring schedules and recordkeeping obligations.

Under 1926.1107, where should I place hazard labels and warnings for containers or equipment that contain 3,3'-Dichlorobenzidine during construction work?

Follow the labeling and warning requirements set out in 1910.1003 because 1926.1107 makes the construction requirements identical to that standard. The specific locations and wording for labels and tags are specified in the applicable paragraphs of 1910.1003, so employers must apply those labeling rules on site.

Under 1926.1107, does the standard set permissible exposure limits (PELs) or other numeric limits for 3,3'-Dichlorobenzidine in construction?

Any numeric exposure limits or monitoring criteria that apply to construction work for 3,3'-Dichlorobenzidine come from the identical provisions in 1910.1003. 1926.1107 directs employers to follow 1910.1003 for those details, so consult that regulation for any PELs, action levels, or analytical methods.

Under 1926.1107, must construction employers provide worker training about 3,3'-Dichlorobenzidine hazards?

Yes — training obligations that apply to construction work involving 3,3'-Dichlorobenzidine are the same as those in 1910.1003, because 1926.1107 makes the construction requirements identical to that standard. Review the training content, frequency, and documentation requirements in 1910.1003 and implement them on construction sites.

Under 1926.1107, are employers required to use engineering controls (ventilation, containment) when workers are exposed to 3,3'-Dichlorobenzidine on a construction job?

Yes — employers must implement the control measures (engineering controls, work practices, and PPE) required by 1910.1003, because 1926.1107 makes construction requirements identical to that standard. The specific hierarchy of controls and required measures are described in the text of 1910.1003.

Under 1926.1107, if I discover a material that may contain 3,3'-Dichlorobenzidine during demolition, do I have to stop work immediately?

You must act to protect employees consistent with the requirements of 1910.1003 as applied through 1926.1107. That means you should take steps to assess and control exposures (including stopping unsafe work if necessary), implement required monitoring, provide required warnings and protective measures, and follow any emergency response or medical requirements set out in 1910.1003.

Under 1926.1107, where can I find the official federal text that confirms construction requirements are the same as the general industry rule for this chemical?

The official federal language stating that the construction requirements are identical to the general industry rule appears in 1926.1107 and directs employers to the requirements in 1910.1003. The construction provision explicitly says the requirements applicable to construction work under this section are identical to those set forth at 1910.1003.