Asbestos in the Workplace

The hazards associated with exposure to asbestos fibers in the workplace have been well published over the past 50 years. Responding to these hazards, the use of asbestos for insulation, fireproofing and acoustical purposes in buildings has been discontinued since the late 1970s. Subsequently standards were put in place in the 1980s requiring building owners to remove all asbestos or establish an inspection and encapsulation management program.

Specific requirements for proper removal, air testing and disposal of asbestos were also established for abatement, demolition and construction projects.

The presence of asbestos in an owned building creates four potential loss exposures to MCIT members. These include employee injury or illness, injury or illness to others, pollution exposures, and Occupational Safety and Health Administration (OSHA) citations.

Although asbestos is no longer a commonly used material, it may still exist in the workplace. Building owners must be aware of the presence of asbestos, its hazards and regulations in order to help ensure the health and safety of building occupants.

Minnesota OSHA enforces the federal OSHA asbestos standards. The following information is an actual MNOSHA citation that an MCIT member received as the result of an onsite inspection:

Citation: Asbestos Identification and Education

Type of Violation: Serious

Abatement: 30 days

Penalty: $1,000

29 CFR 1910.1001(j): Building owners did not determine the presence, location and quantity of ACM and/or PACM at the work site. Employers and building and facility owners did not exercise due diligence in complying with these requirements to inform employer and employees about the presence and location of asbestos containing material (ACM) and presumed asbestos containing material (PACM).

Specifically the county did not determine if asbestos were present in insulation, floor tile and ceiling tile of the county administration building.

Tips to Comply

Here is a basic overview of the requirements that can be used to help determine if additional asbestos policies, procedures, training and documentation are necessary:

• All buildings or parts of buildings that were constructed prior to 1980 have formal documentation indicating the presence of asbestos containing material and presumed asbestos containing material, and/or documentation indicating specific suspect materials do not contain asbestos or contain asbestos capable of being released as determined by a certified inspector. This includes thermal system insulation (TSI), sprayed or troweled-on surfacing material, asphalt and vinyl flooring material and ceiling tiles.

 

• The presence, location and quantity of ACM or PACM must be communicated to employees that work in or adjacent to such areas, as well as to tenants, housekeepers, contractors and those bidding on construction projects. Documentation of this communication must be maintained by the building owner.

 

• An annual asbestos training course for housekeeping employees working in the areas with ACM and/or PACM must be established and documented. Training should include the health effects of exposure to asbestos, the locations of the ACM and/or PACM, recognition of ACM and PACM damage and deterioration, the requirements in the OSHA standard related to housekeeping and proper response to fiber release episodes.

 

• A copy of the OSHA asbestos standard and self-help smoking cessation program materials must be available to the affected employees.

 

• Special care is taken with maintenance of asbestos-containing flooring materials including prohibiting sanding, and limiting burnishing or dry buffing to flooring that has sufficient finish so that the pad does not contact the asbestos-containing material. The stripping of finishes from this flooring is conducted using low abrasion pads at speeds lower than 300 rpm and using wet methods.

 

• Specific signs must be posted in areas where employees can be expected to enter that contain ACM and/or PACM and labels are installed on asbestos products where feasible. The signs or labels identify the material that is present, its location and appropriate work practices that will ensure that ACM and/or PACM will not be disturbed.

 

• Records must be maintained of all information communicated and received concerning the identification, location and quantity of ACM and PACM. (Building owners must transfer the record to successive owners of such buildings.)

 

• A system must be in place for employers that discover ACM and/or PACM on a worksite to convey information concerning its presence, location and quantity to the owner and to other employers of employees working at the site within 24 hours of the discovery.

 

Although employees injured as the result of long-term exposures to asbestos in the workplace may be eligible for workers’ compensation benefits, it should be noted that the MCIT Coverage Document has specific asbestos and pollution exclusions in both the property and liability sections. Members should review the MCIT Coverage Document to see how coverage would apply or contact their MCIT risk management consultant with any specific questions.

For additional and more specific information about MNOSHA Asbestos requirements, members should see the resource Building Owners’ Responsibilities for Asbestos that can be found on the Department of Labor website or contact Minnesota OSHA Compliance at 651. 281.5050 and Minnesota OSHA Consultation at 651.281.5060.

Other Asbestos Regulations

The Asbestos Unit at the Minnesota Department of Health also has regulations that affect building owners. The Asbestos Abatement Act (Minn. Stat. §326.70-.81) and related rules require that building owners use licensed contractors with trained and certified workers to perform any asbestos-related work.

The building owner should ensure that contractors use good work practices. Owners must keep records about the amount of asbestos-containing material that is removed, enclosed and encapsulated for at least three years. Precautions are also required when a building is demolished. For more information about the asbestos abatement requirements, members should contact the Minnesota Department of Health Asbestos Program at 651.201.4620.

Building owners should also note that Minnesota Rules Section 5205.0660 Subparagraph 3 requires that exposed friable ACM on ceilings, beams, pipes, boilers, tanks and similar areas must be repaired, replaced, removed, enclosed or encapsulated.

The information contained in this document is intended for general information purposes only and does not constitute legal or coverage advice on any specific matter.