Awareness Guidelines to Asbestos Containing Materials (ACM)

Asbestos awareness is among the most important components of construction and restoration safety training. We are taught that the first principle of the restoration process is the health and safety of the occupants of the dwelling and to our team members completing the restoration process. In my personal and professional perspective, this is an area that the restoration industry needs to improve upon and not allow others from outside of your restoration business or the regulatory bodies to dictate how and what you should do regarding testing and abatement. If a restoration owner gets caught not fulfilling their obligations according to their state's laws and regulations; stating ignorance or playing the ignorance card will not keep the state from imposing fines and jail time. The cost of testing and doing things the RIGHT way is much less than the fines and penalties that will come if you do not.?

Here are 10 Guidelines on Awareness.

I.? Be informed! It is your duty. Know and follow your state/provincial laws and regulations.?OSHA can trump state and state can trump OSHA.?Follow the strictest standard so you need to know and understand both. When in doubt contact the regulating government entities for clarification.

II. Train all personnel. At a minimum, your staff needs to be trained in ACM awareness and your company policies, procedures, and protocols regarding ACM. This should be done annually and a part of your onboarding or orientation of new employees.?

III. Do not just be out there tearing out and "demoing" everything. Anything you touch may turn into an asbestos job.

• That means that your well-intentioned crew that just removed that 2-foot flood cut in a basement may have already and unknowingly violated federal, state, and provincial asbestos regulations.?What you do next could result in far-reaching and expensive consequences for your business.

IV. Do not confuse 1978 with ACM.?The 1978 rule is the lead guideline.?Anything that is suspect must be sampled.?In Colorado, for example, everything needs to be sampled no matter the year. In New Mexico, all commercial no matter the year. In Oregon, there is a 2004 guideline for sampling of ACM.?Again, be informed of what you are required of by the regulations in your state/province.

V. Take sampling on fire jobs.?It is important that asbestos sampling on fire jobs should be considered as a “spill” and not just the material being removed.

• Colorado Air Quality Control Commission Regulation 8, Part B defines “asbestos spill” in section I.B.21: An asbestos spill is “release of asbestos fibers”?due to any cause other than asbestos abatement.
• If you believe you have an asbestos spill, halt all project work, and call?your environmental specialist.

VI. Where respiratory PPE “as if” and always side on the error of caution.?

• “For the health and safety of our demo techs, and those who are releasing known irritants into the air during the demo process, regardless of category, (Company) shall “Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act.”?Due to Respirable Crystalline Silica and Asbestos containing materials (ACM); PPE applies as well.?
• Definition of irritant: A substance that causes slight inflammation or other discomfort to the body.?This could mean anything from standard household dust to ACM to Silica.?If you are knowingly releasing an irritant into the air, you need to protect the occupants of the dwelling and your workers using the NIOSH safety controls.

According to the National Institute for Occupational Safety and Health ( NIOSH ), the five types of safety controls and their definitions are:

1. Elimination: Physically remove the hazard.
2. Substitution: Replace the hazard.
3. Engineering controls: Isolate people from the hazard.
4. Administrative controls: Change the way people work.
5. Personal protective equipment (PPE): Protect the worker.

VII. Contact your state/province for licensure and requirements.?You need to know if your subcontractor and/or you can do the job.

• ?Insurance coverages needed
• Certifications your employees need
• Permits required on jobs.?(10-day NESHAP)
• Where is the waste disposal sites and facilities, procedures in transporting and disposal.??Transporting regulated waste without a separate licensure and following state/provincial regulations could be against the law. No matter what the quantity.?

VIII. “I do not pay for that; it is part of doing business.” ?As a business owner you either eat the cost of the sampling or you let them know you will be charging the end user for the sampling fees.?But whether you charge or do not charge; you are required to sample for asbestos containing materials.?

• Include the state and federal law language to justify your charges in your opening statement and line items.
• Use this as an opportunity to educate your customer and the adjuster.
• The cost of sampling is much less than the fines if you get caught not sampling for ACM.

EXAMPLE: Violations of Ohio asbestos regulations can result in severe penalties.?The director of health, a prosecuting attorney, city director of law, or other chief legal officer can commence a criminal action against violators and, if convicted, they may be subject to a fine of between $10,000 and $25,000 and imprisonment of between 1-2 years for a first offense. Repeat offenders face fines of $20,000-$40,000 and imprisonment for 2-4 years. In addition to criminal liability, the director of health can request that the attorney general commence a civil action to seek civil penalties and injunctions against violators.?If a violation is found the civil court may assess a penalty of up to $5,000. Each day a violation occurs constitutes a separate violation in actions of this kind.

IX. Do not cross contaminate.?Keep your ACM equipment separate from your restoration equipment.?

• HEPA vacuums
• ?AFD - Air filtration device or air scrubbers
• ?Pop-ups - Containment
• Containment poles
• Demo tools
• Monometer
• Shower

X. People like to say, "When in doubt, test." I would like to change this to, "If there is any question or doubt, TEST."

Author: Scott Maysura

Scott is a business consultant and advisor with over 20 years of experience in the restoration industry, including ownership of restoration startups. He collaborates closely with clients to drive business growth and success by developing and implementing strategic plans, systems, and processes. Scott brings strong business acumen, extensive commercial large loss experience, operations management, and significant coaching experience to his clients. He has worked in every key role in the industry, from a technician to owning a restoration and consulting company. He holds a Bachelor’s degree in Psychology, and a diploma in Small Business Management, and is a Triple Master restorer in the industry.

Email Scott at: [email protected]