ASBESTOS CERTIFIED SURVEYS AND TESTING
https://sites.google.com/site/metropolitanforensics/asbestos-certified-surveys-and-testing
Asbestos Surveys
The Occupational Safety and
Health Administration (“OSHA”) asbestos rule (29 CFR 1926.1101) became
effective July 10, 1995. The rule requires building owners to implement
notification, training and record keeping procedures for all buildings
constructed prior to 1981. The definition of “Building Owner” includes any
legal entity, including a lessee, which exercises control over the management
and record keeping functions of a building. OSHA refers to building owners as
“statutory employers” with an obligation to take appropriate action to protect
employees other than their own. Therefore, entities which are not the direct
employers of the employees potentially exposed to asbestos are subject to
compliance. All apartments, offices, retail centers, and other commercial/industrial
buildings are covered by the rule.
PRESUMPTION
OF ASBESTOS
Properties built prior to
1981 are presumed by OSHA to have asbestos-containing materials (“ACM”). These
presumed asbestos-containing materials are known as “PACM”. OSHA requires each
employer to determine whether its workplace contains PACM. If no PACM is
present at the workplace, no further action is required by OSHA. If materials
meeting the definition of “PACM” are identified, the only way to rebut the
presumption that there is ACM is to retain a qualified expert maintaining the
appropriate certifications to obtain samples for testing for asbestos content.
According to OSHA, building records may not be relied upon to rebut the
presumption.
NOTIFICATION
Building owners must notify
potentially affected employees and other building employers (including any
tenants) of the presence and location of ACM or PACM. When PACM is present
which has not been tested to determine if it is actually ACM, this notification
must refer to the material as “ACM”. The word “presumption” may not be used.
CONTRACTOR
NOTIFICATION
All contractors involved
in, or bidding on, work in areas with ACM/PACM must be notified by the building
owner or tenant of the presence and location of ACM/PACM. Contractor notification
requirements apply to housekeeping contractors and trade contractors (e.g.,
plumbing, electrical, HVAC) as well as all other maintenance and repair
companies.
SIGNS
& WARNINGS
Signs must be posted at the
entrance to mechanical and boiler rooms that identify the ACM/PACM location and
work practices to be followed. Warning labels must be affixed to those areas
containing ACM/PACM where maintenance personnel or contractors are likely to
work.
OPERATION
& MAINTENANCE
Special maintenance and
custodial procedures for ACM/PACM must be implemented via the preparation of an
Operations & Maintenance (O&M) Plan. For example, vinyl floor tiles may
only be stripped under specific conditions using certain equipment. Damaged ACM
must be repaired using prescribed methods.
TRAINING
Employees performing
repair, maintenance or custodial work in areas with ACM/PACM must receive an
annual training course in accordance with EPA’s prescribed training. Annual
training includes health effects of asbestos, location of ACM/PACM in the
building, recognition of material damage and deterioration, housekeeping
procedures, and proper response to fiber release. The employer must maintain
all employee training records for one year beyond the last date of employment
by that employer.
RECORDS
The building owner,
manager, or lessee must maintain records relating to ACM/PACM identification,
testing, notification and abatement for the duration of its ownership or
management of the building.
SALE
TRANSFER LEASE
Building owners must
provide purchasers, successive owners, or lessees (other than occupiers of
dwelling units) with all ACM/PACM documentation and records.
METROPOLITAN
CAN HELP
METROPOLITAN has performed
certified asbestos hazard surveys in compliance with the above rule at over 200
locations within 30 states. At each location, METROPOLITAN provided specific
recommendations for further action which either resulted in full scale
abatement activities or the preparation and implementation of Operations &
Maintenance (O&M) Plans, or both.
Metropolitan Risk Management Services (MRMS)
Metropolitan Risk Management
Services (MRMS) is a professional service firm that specializes in outsourced
risk management and advisory services. Based
in the East Coast, the firm has several offices in the Northeast and Midwest,
with clients throughout the United States, Canada, Europe and Latin America. While our clients are diverse businesses and
organizations, each share a common approach - - a genuine desire to prevent and
mitigate losses. Invariably, our clients
value high quality professional advice, whether that advice is from safety
consultant, engineers, attorneys, CPAs, or risk management and insurance
advisors. Their goal is to obtain the best assistance available, fully
recognizing the cost of identifying and confronting problems before they
develop is always less expensive than addressing an issue after it is out of
control.
Risk Management Services at
Metropolitan
·
Serve as
an integral part of the business management team as an outsourced risk manager
·
Overview
current loss prevention and loss mitigation processes
·
Provide
project management services to ensure critical processes are completed in a
timely manner and consistent with overall needs
·
Provide
an objective and independent expert evaluation of the current risk program,
including a written report containing specific findings and recommendations
·
Identify
and assess your current and potential risk of loss
·
Develop
alternate (non-insurance) methods of risk financing
·
Assist in
strategic planning to achieve long range risk management objectives
·
Develop
risk management education coursework for specific needs
·
Provide
guidance during merger, acquisition and divestiture activities
·
Provide
expert witness and litigation support
Metropolitan Engineering, Consulting &
Forensics (MECF)
Providing Competent, Expert and Objective Investigative Engineering and
Consulting Services
P.O. Box 520
Tenafly, NJ 07670-0520
Tel.: (973) 897-8162
Fax: (973) 810-0440
We are happy to announce the launch of our twitter
account. Please make sure to follow us at @MetropForensics
Metropolitan appreciates your business.
Feel free to recommend our services to your friends and colleagues.