Building Owner Responsibilities | Asbestos

Q.	Does a building owner have any responsibility under the standard even though the employees at risk may not be the owner's direct employees?
A.	Yes. The building and/or facility owner must notify contractors and tenants of the presence of ACM/PACM, even though the employees at risk are not the owner's direct employees. OSHA has the authority to require building owners who are "statutory employers" to take necessary action such as notifying other employers, and to protect employees other than their own. They also have the responsibility to identify and label ACM/PACM when required. Homeowners are not considered "building owners" when they have work done in their private homes.
Q.	When shipyard vessels undergoing repair are foreign-owned, who is considered the "building owner?"
A.	When a foreign-owned vessel is repaired in an American shipyard, the employer is either the shipyard or an outside primary contractor. They must either treat materials defined as PACM as asbestos-containing or sample the suspect material and analyze it to determine whether or not it contains asbestos.
Q.	Does a long term lessee of a building have the same responsibilities as a "building owner"?
A.	"Building owner" has been defined to include lessees who control the management and recordkeeping functions of a building/facility/vessel. It is not OSHA's intention to exempt the owner from notification requirements by allowing a lessee to comply. Rather, when the owner has transferred the management of the building to a long-term lessee, that lessee is the more appropriate party to receive, transmit, and retain information about in-place asbestos. When the lease is terminated, the records are to be transferred to the building owner.
Q.	Can building owners use building records to rebut the presumption of asbestos containing materials (PACM)?
A.	Generally, building records must be relied upon to rebut the presumption of asbestos containing material (PACM). If an employer had an AHERA asbestos survey, such a survey would be accepted. However, for non-PACM materials, building owners and employers may use all sources of information including building records to show that the materials do not contain asbestos.
Q.	What materials must be presumed to contain asbestos?
A.	Thermal System Insulation (TSI) and sprayed on and troweled on surfacing materials installed no later than 1980. (Note: In addition, resilient flooring material installed no later than 1980 shall be identified as asbestos-containing). Other building/facility areas and material would not be exempt from the standard's control requirements; however, they would not be presumptively considered to contain asbestos.
Q.	Do the standards require any particular qualifications of the person who designates materials as PACM?
A.	The person who designates materials as PACM is not required to have any technical training. The evaluation is not to determine if the material is or is not asbestos, rather it is to identify thermal system insulation and surfacing materials. The process does not require technical training. Thermal system insulation, and sprayed on or troweled on surfacing material are easily recognized and identified.
Q.	Are the sign and label requirements the same in the General Industry standard as they are in the Construction and Shipyard standards?
A.	Yes, the three standards contain the same provisions.

Q:	If construction of a building began before 1981 but was not completed until several years later, is the owner responsible for presuming asbestos exists in the entire building?
A:	The CSHO will need to evaluate this on a case-by-case basis. Generally speaking, the focus would be on areas that contain suspect materials in those areas built before 1981.
Q.	How has the definition of repair and maintenance changed?
A.	Repair and maintenance is now considered Class III work if it involves less than one glovebag of material, regardless of the time it takes to do the job. If the job involves more than one glovebag of TSI or surfacing material then it is a Class I job. If the job involves more than one bag of other ACM then it is a Class II job.
Q.	What are some examples of activities that may be classified as Class III?
A.	These activities may include: maintenance/repair of boilers, air handling units, heat exchangers, and tanks; repair/replacement of pipe insulation including cutting away of small amounts of ACM (that which fits into a standard glovebag or disposal bag); valve or gasket replacement, or activities above suspended ceilings such as connections and/or extensions for telecommunication/computer networks; adjustment/repair of HVAC systems and; testing/cleaning/replacing smoke or heat detectors when connected to ceilings containing ACM. Class III work involves a "disturbance."