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General Industry (29 CFR 1910)

1,2-dibromo-3-chloropropane (DBCP)

Verified vs OSHA sources · 2026-10-05

29 CFR 1910.1044

29 CFR 1910.1044 protects general-industry workers from 1,2-dibromo-3-chloropropane (DBCP), a former pesticide that is a carcinogen and a reproductive toxin known to cause male sterility. It caps exposure at 1 ppb as an 8-hour TWA, requiring monitoring, engineering controls, regulated areas, protective equipment, and medical surveillance including reproductive evaluation.

29 CFR 1910.1044 at a glance

PEL
1 ppb as an 8-hour TWA (29 CFR 1910.1044(c))
Health effects
Carcinogen and reproductive toxin (male sterility)
Where it applies
Residual, research, and remediation handling (pesticide use banned)
Surveillance
Includes reproductive and fertility evaluation
Max penalty (2026)
$16,550 per serious violation; $165,514 per willful
Historical note
DBCP sterility findings drove modern reproductive-hazard awareness

What 29 CFR 1910.1044 requires (plain English)

29 CFR 1910.1044 protects general-industry workers from 1,2-dibromo-3-chloropropane (DBCP), a soil fumigant and nematocide that was widely used until its reproductive hazards were discovered. It is a carcinogen and a potent reproductive toxin, and it became notorious when production workers were found to have become sterile from occupational exposure.

The standard sets a permissible exposure limit of 1 ppb as an 8-hour time-weighted average and requires exposure monitoring, engineering and work-practice controls (closed systems), regulated areas, protective equipment, and medical surveillance that includes evaluation of reproductive function. Because DBCP's registration as a pesticide was cancelled, most current exposures involve residual contamination, remediation, or research rather than routine manufacture.

1910.1044 is a Subpart Z substance-specific health standard. Its historical importance is outsized: the DBCP sterility cases in the late 1970s were a turning point that shaped how OSHA and industry treat reproductive hazards.

The regulatory text

“The employer shall assure that no employee is exposed to an airborne concentration of DBCP in excess of 1 part DBCP per billion parts of air (ppb) as an 8-hour time-weighted average.”
29 CFR 1910.1044(c)(1)

Key facts about 29 CFR 1910.1044

  • The DBCP PEL is 1 ppb as an 8-hour TWA (1910.1044(c)).
  • DBCP is a carcinogen and a reproductive toxin that caused sterility in production workers.
  • Its pesticide registration was cancelled; most exposures now are residual, remediation, or research.
  • Medical surveillance includes evaluation of reproductive function.
  • Engineering controls (closed systems) and regulated areas are required where it is handled.
  • The DBCP sterility cases shaped modern occupational reproductive-hazard policy.

Scope: who 29 CFR 1910.1044 applies to

Regulatory framework
General Industry (29 CFR 1910)
Citation reference
29 CFR 1910.1044
Enforcement status
In force and enforced
Jurisdiction
Federal OSHA (29 State-Plan jurisdictions may be stricter)

State-Plan states (e.g. California, Washington, Michigan) operate OSHA-approved programs that must be at least as effective as federal OSHA and frequently impose higher penalties or additional requirements. Confirm the rule as adopted in your state.

Key requirements of 29 CFR 1910.1044

#Employer obligation
1Limit exposure to 1 ppb PEL
2Monitor exposure initially and every 6 months
3Provide medical surveillance
4Establish regulated areas
5Maintain exposure records for 40 years

Summarized from the text of 29 CFR 1910.1044. Always read the full regulation for the binding language.

Common DBCP violations

Deficiencies OSHA cites under 29 CFR 1910.1044 include the ones below, in no particular order. Distinct deficiencies can be cited as separate items, and each serious item carries up to $16,550 (2026). Broader per-instance stacking exists but is a discretionary, case-by-case OSHA enforcement policy, not an automatic multiplier.

  • No exposure monitoring where residual DBCP is handled (1910.1044(f)).
  • Uncontrolled handling without closed systems or regulated areas (1910.1044(g) and (e)).
  • No medical surveillance, including reproductive evaluation, for exposed workers (1910.1044(m)).
  • No protective clothing or equipment for DBCP handling (1910.1044(h) and (i)).
  • Failure to treat legacy and remediation DBCP as covered by the standard (1910.1044).

DBCP is largely a legacy chemical, but the standard still applies where residue is handled

Because DBCP's use as a pesticide was banned decades ago, employers sometimes assume the standard is obsolete. It is not: 1910.1044 still applies wherever residual DBCP is present, contaminated soil and groundwater at former manufacturing or application sites, remediation projects, and research. Workers on those tasks can be exposed to a known carcinogen and reproductive toxin, and the standard's 1 ppb PEL, controls, and medical surveillance (including reproductive evaluation) still apply. Treating DBCP as purely historical can leave remediation and research workers unprotected.

What OSHA inspectors look for

A compliance officer checks exposure monitoring wherever residual DBCP is handled (research, remediation, legacy stocks), verifies closed systems and regulated areas, and confirms medical surveillance including reproductive evaluation. Because DBCP manufacture has largely ended, findings usually involve legacy or research exposures without controls.

Example: how a violation is cited

A remediation crew handling legacy DBCP-contaminated material works without monitoring, closed handling, or medical surveillance. OSHA cites 1910.1044 for the uncontrolled exposure to a known reproductive toxin and carcinogen, with penalties from $16,550.

Illustrative example, not a specific OSHA case.

DBCP compliance checklist

Use this to evaluate your compliance with 29 CFR 1910.1044. Each item is a key requirement OSHA may verify during an inspection.

  • Identify any residual DBCP (legacy stocks, contaminated media, remediation) and monitor exposures.
  • Keep exposure below the 1 ppb PEL with closed systems and engineering controls.
  • Establish regulated areas and provide protective clothing and equipment.
  • Provide medical surveillance that includes reproductive-function evaluation.
  • Train workers on the carcinogenic and reproductive hazards, including the sterility history.
  • Do not treat DBCP as obsolete: apply the standard to remediation and research handling.

2026 penalties for 29 CFR 1910.1044

Maximums set by 29 CFR 1903.15(d). 2026 amounts unchanged from 2025 (no CPI adjustment; OMB M-26-11). Not an increase. The 2025 OSHA penalty levels remain in effect for 2026; OSHA made no inflation adjustment for 2026. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these amounts, while OSHA's public penalties page currently references penalties assessed after Jan. 15, 2026.

Violation typeMinimumMaximumWhen it applies
Serious$1,085$16,550Substantial probability of death or serious physical harm.
Other-Than-Serious$0$16,550Relates to safety/health but unlikely to cause death or serious harm.
Willful$11,823$165,514Intentional, knowing, or voluntary disregard of the requirement.
Repeated$4,256$165,514A substantially similar violation cited within the last 5 years.
Failure to AbateNone$16,550/dayup to $16,550 per day; total capped at 30x the daily amount (FOM Ch.6)

DBCP citations are uncommon because manufacture largely ended, but the standard still applies to residual and research exposures. Serious violations reach $16,550 and willful or repeat violations $165,514; uncontrolled handling without surveillance is the finding.

Maximums and the willful minimum are set by 29 CFR 1903.15(d); the serious and repeated minimums are OSHA policy floors from its annual penalty adjustment memo. OSHA applies gravity-based and size, good-faith and history reductions (FOM CPL 02-00-164 Ch.6). Estimates only, not legal advice.

The business case for DBCP compliance

DBCP is the chemical that made reproductive hazards on the job impossible to ignore: production workers in the 1970s were found to be sterile from exposure, and it is also a carcinogen. Though its pesticide use is banned, the 1 ppb PEL and surveillance requirements still protect anyone handling residual DBCP in research, remediation, or legacy stocks.

DBCP penalties by state

Penalties and enforcement vary by state. State-Plan states may impose higher penalties and additional requirements beyond federal 29 CFR 1910.1044.

Frequently asked questions about 29 CFR 1910.1044

What is the OSHA DBCP PEL?

Under 1910.1044(c), the permissible exposure limit for 1,2-dibromo-3-chloropropane (DBCP) is 1 ppb (one part per billion) as an 8-hour time-weighted average. The standard also requires exposure monitoring, engineering controls, regulated areas, protective equipment, and medical surveillance for workers who handle it.

Why is DBCP historically important?

In the late 1970s, production workers exposed to DBCP were found to have become sterile, one of the first clear demonstrations that a workplace chemical could damage human fertility. The finding led to an OSHA emergency standard, cancellation of DBCP's pesticide registration, and a lasting shift in how reproductive hazards are treated in occupational health.

Is DBCP still used?

No: its registration as a pesticide (soil fumigant and nematocide) was cancelled after the reproductive-hazard discoveries. However, residual DBCP persists in soil and groundwater at former sites, so exposure can still occur during remediation, environmental sampling, and research. 1910.1044 continues to apply to those activities.

Does DBCP medical surveillance cover fertility?

Yes. Because DBCP's signature effect is impaired male fertility, the medical surveillance under 1910.1044 includes evaluation of reproductive function along with the general medical examination. This reflects the reproductive-toxicity history that prompted the standard and helps detect effects in workers who handle residual DBCP.

Regulatory history of 29 CFR 1910.1044

OSHA issued an emergency temporary standard for DBCP in 1977 and a permanent standard in 1978 (43 FR 11514) after workers at a California plant were found to be sterile from DBCP exposure. The episode was a landmark in occupational reproductive-health protection; DBCP's pesticide registration was subsequently cancelled by EPA.

Primary sources

OSHA figures on this page are imported from HazComFast's verified regulatory module (verified 2026-10-05 against eCFR, OSHA.gov, and the Federal Register).

This page is an educational summary, not legal advice. OSHA standards and penalty amounts change; confirm requirements against the current regulation and your applicable State-Plan before acting.

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OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.

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