Subpart Z
Yes — construction work involving bis-Chloromethyl ether is governed by the same requirements found in 29 CFR 1910.1003. The rule at 1926.1108 explicitly states that the requirements applicable to construction are identical to those set forth at 1910.1003. Follow the provisions in 1910.1003 for specific compliance obligations.
Yes — employers must meet the exposure-control and monitoring requirements in 1910.1003 when BCME is present. Section 1926.1108 makes the requirements for construction identical to those in 1910.1003, so employers performing construction work must implement the monitoring, engineering controls, and any other provisions called for by 1910.1003.
No — 1926.1108 does not establish different PELs or control measures for construction; it adopts the same requirements as the general industry standard in 1910.1003. The text of 1926.1108 states the construction requirements are identical to 1910.1003, so any limits and control measures must follow the provisions in 1910.1003.
The first step is to treat the situation as potentially covered by the BCME standard and follow the requirements in 1910.1003, including hazard assessment and monitoring. Because 1926.1108 makes construction requirements identical to 1910.1003, employers should promptly implement the exposure evaluation, monitoring, and other initial steps laid out in 1910.1003 to establish actual risk and necessary controls.
The construction employer is responsible for ensuring compliance with the BCME requirements by implementing the provisions of 1910.1003. Section 1926.1108 directs construction employers to follow the same rules contained in 1910.1003, so the employer must carry out hazard assessments, controls, monitoring, training, and any other duties specified in 1910.1003.
Yes — construction supervisors must consult and follow the procedures in 1910.1003 for medical surveillance, training, and recordkeeping related to BCME. Because 1926.1108 makes the construction requirements identical to 1910.1003, those specific program elements are found in and must be implemented according to 1910.1003.
You must follow the applicable OSHA or State Plan requirements where the work takes place; when doing construction work that involves BCME, apply the BCME requirements as promulgated for that jurisdiction. Section 1926.1108 ties construction obligations to 1910.1003. If work is in a State with an OSHA-approved State Plan, that State’s standards and enforcement apply and those programs must be at least as effective as federal OSHA standards (see the discussion of State Plans in OSHA guidance such as the Scope of rim wheel servicing interpretation). Confirm requirements with the State Plan when work is performed in a State-plan State.
If you cannot confirm the chemical identity, treat the material as potentially covered and follow the protective and procedural requirements in 1910.1003 until testing confirms otherwise. Because 1926.1108 adopts 1910.1003 for construction, you should implement interim exposure controls, monitoring, worker notification and training, and remove or isolate workers from potential exposure per the provisions in 1910.1003 until a hazard assessment is completed.
No additional construction-specific BCME guidance is included in the provided letters; instead, the construction rule directs employers to follow 1910.1003. The text of 1926.1108 states requirements are identical to 1910.1003. If you need interpretive nuance on related topics (for example, State Plan application) consult the applicable OSHA Letters of Interpretation such as the Scope of rim wheel servicing letter for general procedural context.