Deadline extended for OSHA asbestos rules

Real Estate Weekly, March 15, 1995

OSHA has extended the compliance deadline for its 1994 amendments to the Asbestos Construction and General Industry Standards to July 10th. Previously, the sections pertaining to building owners and managers had been effective as soon as possible after the overall effective date of October 11, 1994, but no later than April 10, 1995.

Therefore, effective July 10, building owners and managers are responsible for compliance. Key provisions are summarized below:

Notification Requirements

Building owners must maintain and communicate knowledge of the location of asbestos containing material (ACM) or presumed asbestos containing material (PACM) to any of their employs as well as to contractors or subcontractors whose employees could be exposed to the materials.

OSHA requires owners and employers to presume that all thermal system insulation and sprayed on and troweled on surfacing materials contain asbestos, unless rebutted pursuant to the standard (ie. unless the material has been tested or construction documents are available). Employers must also presume that resilient flooring installed before 1980 contains asbestos.

Before initiating asbestos removal or repair and maintenance work where asbestos may be disturbed, building and/or project owners must notify their employees end employers who are bidding on such work of the quantity and location of ACM and PACM present in such areas. Owners must also notify employees who work in or adjacent to such jobs.

Contractors or subcontractors planning any covered activity must notify the owner of the location and quantity of ACM and PACM known or later discovered. The building owner must keep records of all information received through this notification scheme, or through other means... which relates to the presence, location and quantity of ACM and PACM at the owner's building... and transfer all such information to successive owners.

Signage and Labeling

At the entrance to mechanical rooms containing ACM or PACM, signs shall be posted identifying the material, its location, and appropriate work practices. Work areas where asbestos removal or repair or maintenance activities take place which may disturb asbestos must be posted with warning signs.

Materials identified as ACM and PACM must be labeled. However, the signs required at the entrance to mechanical spaces may be posted in lieu of labeling.

Record-Keeping

The employer shall maintain all employee training records for one year beyond the last date of employment by that employer. Where the building owner and employer have relied on data to demonstrate that PACM is not asbestos containing, such data shall be maintained for as long as needed to rebut the presumption.

Where the building owner has communicated and received information concerning the identity, location and quantity of ACM and PACM, written records of such notification and their content shall be maintained by the owner for the duration of ownership.