Multi-Employer Worksites | Asbestos

Q.	Who is responsible for employee protection on multi-employer worksites?
A.	The standard explicitly requires asbestos hazards to be abated "by the contractor who created or controls the source of asbestos contamination." Additionally, employers of employees exposed to the hazard must protect their employees.
Q.	How are potentially exposed employees protected when their employer is not creating the hazard?
A.	Paragraphs (d)(3) and (d)(4) of 1926.1101 set forth the duties of the employer of employees who are exposed to asbestos hazards, but who did not create the source of asbestos. An employer shall request the contractor with control of the hazard to take corrective action. For example, if there is a breach of an enclosure within which asbestos work is being performed, the employer of employees working outside that enclosure shall request the asbestos contractor who erected the enclosure to repair the breach immediately, as required by paragraph (d)(2). If the repair is not made, and if employees working outside the enclosure could be exposed to asbestos in excess of the PEL, the employer of those employees shall either remove them from the worksite pending repairs, or consider his employees to be working within a regulated area and comply with the provisions of paragraph (e) governing exposure assessments and monitoring of employees who work within such areas. If there is an enclosure, then the employer must inspect it to ensure the integrity of the enclosure. The general contractor who is deemed to have supervisory control over the entire worksite, including the regulated area, is also responsible for violations which could be abated or prevented by the exercise of such supervisory capacity.
Q.	Does the standard provide "by-stander" protection, for employees working outside an enclosure?
A.	Yes, the negative pressure enclosure system provisions are in 1926.1101(g), "Methods of Compliance." These systems reduce exposures of the employees who are disturbing the asbestos who are inside the enclosure, as well as employees outside the enclosure. In other cases, "critical barriers" are required where, for instance, Class II materials are removed using aggressive methods.