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OSHA 1926SubpartZ

Toxic and hazardous substances

Subpart Z

18 Questions & Answers
10 Interpretations

Questions & Answers

Under 1926 Subpart Z (Toxic and Hazardous Substances), what is the overall scope of the Subpart and where can I read the standard?

The Subpart covers toxic and hazardous substances that affect construction work and sets out requirements to protect workers from those substances. You can read the Subpart and its introductory material at 1926 Subpart Z.

Under 1926.1101 (Asbestos in Construction), does OSHA consider property remediation work in homes to be covered by the construction asbestos standard or the general industry asbestos standard?

The construction asbestos standard applies to remediation work described in property remediation and restoration activities, including most residential projects; such work is covered by 29 CFR 1926.1101 as explained in OSHA's interpretation on asbestos remediation protocols. See OSHA's interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 for details.

Under 1926.1101, what respirator must an employer provide for Class I asbestos work when exposures exceed 1 f/cc as an 8-hour TWA?

When Class I asbestos exposures exceed 1 fiber per cubic centimeter (f/cc) as an 8-hour TWA, the employer must provide full facepiece supplied-air respirators (SARs) operated in pressure-demand mode with an auxiliary positive-pressure self-contained breathing apparatus (SCBA). OSHA explains these requirements in its asbestos respirator selection interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04.

Under 1926.1101, can an employer use prior monitoring from a similar job to avoid initial exposure monitoring on a new asbestos removal job?

No; although prior monitoring can inform an initial exposure assessment, employers must perform appropriate initial monitoring for the new job or demonstrate a valid Negative Exposure Assessment (NEA) for the specific job conditions before relying on lower levels of respiratory protection. OSHA explains the need for proper exposure assessment and when an NEA applies in its respirator selection interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04.

Under 1926.1101, what is a Negative Exposure Assessment (NEA) and how does it change respirator selection for Class I asbestos work?

A Negative Exposure Assessment (NEA) is documentation the employer produces showing that exposures for the specific asbestos job will be below the permissible exposure limits; if an NEA exists, the employer may select respirators from Table 1 of the general Respiratory Protection standard instead of the stricter default asbestos respirators, but the employer must still meet asbestos-specific restrictions (for example, not using filtering facepieces and using HEPA filters for air-purifying respirators). OSHA describes NEAs and their effect on respirator selection in its interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04.

Under 1926 Subpart Z, are building materials in homes built before 1980 considered likely to contain asbestos (presumed ACBM)?

Yes; asbestos-containing building materials (ACBM) are more likely to be found in structures built before about 1980, and employers performing remediation in such buildings should treat certain materials as potential asbestos hazards and follow the construction asbestos requirements. OSHA discusses the continued presence of ACBM in older homes in its asbestos remediation protocols interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14.

Under the employer PPE requirements referenced by OSHA, is a written hazard assessment required before issuing PPE on a job?

Yes; if PPE will be required, employers must assess the workplace to determine hazards and produce a written certification of that hazard assessment. OSHA explains these PPE hazard assessment and written certification requirements in its interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

Under the PPE hazard assessment guidance, must the hazard assessment be done by a 'qualified person' and written for every single job, including small or short tasks?

Employers must assess the workplace to determine hazards that necessitate PPE and must provide written certification when PPE is required; OSHA does not rigidly require that every single short task have a separate formal assessment by a named ‘‘qualified person,’’ but the employer must ensure the assessment is adequate, and further analysis is needed when hazards are present or tasks change. OSHA explains employer responsibility for hazard assessments and written certification in its interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

Under 1926 Subpart Z, where can employers find nonmandatory guidance or appendices related to the toxic and hazardous substances rules?

Nonmandatory guidance and appendices for construction toxic and hazardous substance rules are referenced as appendices to Subpart Z; employers can review the Subpart and linked Appendix A via 1926 Subpart Z.

Under OSHA policy, do Letters of Interpretation create new legal requirements for employers or do they serve another purpose?

OSHA Letters of Interpretation explain how existing standards apply to specific situations but do not by themselves create new legal requirements; they are authoritative explanations that help employers apply OSHA standards. OSHA states this in multiple letters, for example the sanitation interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-05-14.

Under 1926.1101, if initial monitoring at the start of a job shows exposures of 2 f/cc, can an employer later switch workers to lower-level respirators during that same job?

No; if monitoring shows exposures exceed 1 f/cc as an 8-hour TWA, the employer must provide the higher-level supplied-air respirators with SCBA backup for Class I asbestos work for the duration of conditions that produce those exposures. OSHA addressed this specific scenario in its respirator selection interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04.

Under OSHA guidance about sanitation, do sanitation facility requirements apply to railroad track employees and roadway maintenance groups working along railroad tracks?

Yes; because the Federal Railroad Administration has not promulgated sanitation regulations covering those workers, OSHA's sanitation requirements apply to railroad track and roadway maintenance employees working along tracks, and employers must provide sanitation facilities according to the applicable OSHA standard. OSHA explains this in its sanitation applicability interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-05-14.

Under OSHA's arsenic-treated wood guidance, are employers required to provide training about hazards from wood treated with chromated copper arsenate (CCA)?

Yes; while the inorganic arsenic standard does not cover arsenic-treated wood, employers must follow the Hazard Communication Standard (HCS) to provide information and training to workers exposed to CCA-treated wood dust, including health effects and protective measures. OSHA describes this in its arsenic-treated wood interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2023-05-03.

Under OSHA's Respirable Crystalline Silica initiative, are engineered stone fabrication and installation industries a high-priority focus for inspections related to silica?

Yes; OSHA identified engineered stone fabrication and installation operations as a focus for enhanced inspections because of high silica exposure risks, and inspections in those NAICS codes will routinely cover respirable crystalline silica hazards. OSHA explains this targeted inspection initiative in its memorandum at https://www.osha.gov/laws-regs/standardinterpretations/2023-09-22.

Under OSHA guidance on hearing protection, can an employer substitute noise-canceling headphones for earplugs or earmuffs as acceptable hearing protection?

OSHA allows employers to rely on hearing protection devices—including earplugs or earmuffs—if they reduce exposures adequately and are part of an effective hearing conservation program; noise-canceling headphones may be acceptable only if they provide documented attenuation to reduce worker exposure to acceptable levels, and the employer must ensure proper fit, use, and program elements. OSHA discusses hearing protection and evaluation of devices in its letter on noise-canceling headphones at https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06.

Under OSHA guidance, does the agency require annual CPR retraining for all employers covered by OSHA?

No; OSHA does not mandate a universal annual CPR retraining interval for all employers, though its Best Practices guidance recommends annual retraining for life‑threatening emergency skills and some OSHA standards for specific industries do require first aid/CPR training. OSHA explains this in its CPR retraining interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2023-02-23.

Under PPE hazard assessment guidance, should employers rely on PPE as the first line of defense against hazards?

No; employers should follow the hierarchy of controls and not rely solely on PPE—engineering and administrative controls should be used first when feasible, with PPE used where hazards remain. OSHA discusses this principle and hazard assessment expectations in its PPE hazard assessment interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

Under 1926 Subpart Z, where can I find the official Subpart and related regulatory citations for construction toxic and hazardous substances?

You can find the official Subpart and the regulatory citations for construction toxic and hazardous substances on OSHA's website at 1926 Subpart Z.