This report was prepared by the NRCA Asbestos TaskForce' and Carl Good of the NRCA staff and is based inpart upon a paper presented by Stephen M. Phillips atthe 1987 Annual Seminar of the National Roaing LegalResource Center: Mr: Phillips serws as counsel to NRCAand is a principal with the law firm of Hendrick, Spanos& Phillips. Atlanta, Georgia.

NRCA recanmends that contractors consult with legalcounsel and an insurance adviser; familiar with thesubject a asbestos found in roofing construction \\Qrk.prior to entering into a contract that might encompassinstallation. removal or alteration a asbestos-containingmaterials.

*NRCA Asbestos Task Force

Don McNamara. ChairmanFJA Christiansen Roofing Co., Inc.Milwaukee, WI

George MoellerA.J. Shirk Roofing Co.Kansas City, MO

Jay RaieunaJames Man9ield & Sons Co., Inc.L~ns. IL

Bob ThomasADding and Sheet Metal ContradOfS of Georgia, Inc.East Point. GA

Johnny ZamrzlaWestern PacifK:: Roofing Corp.Laocaster; CA

Overview

. Some in&Jrance policies exclude ca/erage forasbestos-related claims;

. Many states and municipalities h~ requirements fordisposing asbestos-containing materials;

. Contract documents may be written or interpreted soas to require the roofing contractor to be responsiblefor the handling and disposal of asbestos-containingmaterials, even when the roofing contractor does notintend to become invol~ in asbe&1os-related ~rk.

. There is a heightened sense d public awarenessabout asbestos-ofien to the point d paranoia-thatincreases the chances ci any emplO',oer being sued foracutaI, or even potential. personal injury damages.

This report will provide you with factual informationregarding some of the many factors in\.ul~ in dealingwith asbestos in the roofing industry. Any and alldeterminations made as to how to handle thisparticular problem must be made by the buildingowner in cooperation with his professional roofingcontractor, and, when appropriate, with his designprofessional. Because the owner possesses theasbestos, it is his responsibility to deal with theasbestos removal and disposal situation.

If you are invol~ in any construction project whereasbestos or asbestos-containing materials will be used orencountered. your first step should be to become familiarwith federal OSHA and EPA regulations. Next. youshould h~ an understanding d ~ur ONn state's lawsand regulations, and whether they are applicable to theinstallation or removal of asbestos-containing roofingmaterials.

Standard construction contracts are also being affectedby the asbestos issue, with asbestos-related languageappearing in these documents. Roofing contractors mustbe aware of the consequences d &Jch language, andshould insist on a clear definition of the responsibilities dall parties invol~ in a project at its inception.

We recommend that every roofing contractor:

. Become familiar with local, state and federal OSHAregulations, EPA regulations and licensing andcertification laws;. Consult with ~ur insurance advisor about anyexclusions for ~rking with asbestos-containing roofingmaterials, and any effects of becoming licensed.

NRCA has been examining the issue of asbestos inthe roding industry since 1970, when gowmmentagencies became involwd in regulating the uses andexposu re levels a asbestos.

In 1986, the Occupational Safety and Health.ADministration (OSHA) reduced the permissable exposurelimit (PEL) for asbestos in the ~rkpIace from 2.0 fibersper cubic centimeter (f/cc) a air to 0.2 f/cc, aOOde\.eJoped specific standards for the constrldionindustry. In addition, many state gowmment agenciesare much more actiw in regulating asbestos-containingmaterials.

Roofing contractors want to continue to provide~rkplaces that are free from health or environmentalri~ At the same time, NRCA is concerned thatunnecessary and burdenSOme requirements are beingadopted to such an extent that professional rOOingcontractors are unsure about exactly what is required cAthem. Many contractors feel they are not able to complywith these requirements, and therefore are na able toconfidently engage in the handling ci asbestos-containing roofing materials.

Roding is an art that requires specialized educationand training in application and rem~1 techniques; italso demands continuing ~ safety education,training and monitoring. To ensure the highest degree ofquality for building and home ONners, the ermre roofingprocess should remain in the hands of rOOingprcAessionals. NRCA encourages, for all of these reasons,consumers to insist on using prciessional rOOingcontractors.

Asbestos-related health problems have been foundprimarily in people engaged in the manufacture andmining ci asbestos, where high exposure IMS aresustained owr long periods of time. Evidence gatheredwithin the roding industry to date suggests that asbestosfibers remain encapsulated in rOOing materials to aremarkably high degree, ~n during tear-cif operationsusing no special ~rk practices or engineering controls.

Still, the issues irM:>lwd are complex. A rOOingcontractor preparing to install or remow a roocomposed, ~n in part, ci asbestos-containing materialshas several issues to consider:. OSHA regulations require job-site air monitoring unless

the contri:K:tor can demonstrate acceptable exposurelevels using "objectiw data" from other similar jobs.Worker training and protection might also be required,under certain circumstances, depending on emission1~1s.. The Environmental Protection Agency (EPA) has awhole set a regulations for situations where there isfriable asbestos to a~d creating "visible emissions"of asbestos-containing dust;

. Many states haw licensing or certification r~uirementsfor handling asbestos-containing materials;

. Consult with your attorney about contrOO:ual prat/isionsregarding the handling of asbestos materials.

. Establish a company pol~ aboot handling asbestos-containing materials. Include an employee training andawareness program.

IMPORTANT: Even If you do not contemplatedealing with asbestos materials, you may still besubject to liability if there are asbestos-containingmaterials you were not aware of on a job, and yourcontract assigns you the responsibility for dealingwith them. And you may not have insurancecoverage if your insurance policy excludescoverage for asbestos work, and you encounterasbestos-containing materials you may not havebeen aware of.

NRCA established an asbestos task force in 1986 tocompile and disseminate information for NRCA membersand the industry regarding the impact of asbe&1os on theroofing industry. The task force needs }()ur input andasks that }oW forward any information and test data }oWacquire to NRCA headquarters. The issues are numerousand complex; y.oe need to ~rk together to resolw them.

Send your data and information to:

Carl GoodNRCAOne O'Hare Centre6250 N. Riwr RoadRosemont. IL 60018312rJ18-6722

2

Asbestos, taken from the Greek "inextinguishable," refersto a group of minerals that are light\AJeight, flexible, andfireprocA. Asbestos is a fibrous, naturally occurringmaterial that is mined and processed into a variety ofproducts. Asbestos has prown to be extremely resistantto heat or chemicals and the fibers are extremelydurable. In the roofing industry, asbestos has been usedin roofing felts, tiles, shingles, flashings, coatings, masticsand rigid panels. Asbestos-containing shingles arecharacteristically hard and have a light green, beige, orgrayish-white color: Asbestos-asphalt shingles (asbestosroofing felt covered wtih an additional layer ci asphalt)were manufactured ~n 1971 and 1974, and closelyresemble other asphalt shingles. Asbestos-containingrocAing felts (asbestos paper ca./ered and impregnatedwith asphalt) ~re used primarily for built-up rocAing.They ~re also used as a layer ci protection beneathroofing shingles. Recently, asbestos mining has declinedsignificantly and the Enviommental Protection Agency(EPA) is currently developing more scientific informationto support its proposed ban on asbestos products forwhich there are substitutes.

There are actually six different mineral types ofasbestos. They are:

1. Chrysotile 4. Anthophyllite2. Crocidolite 5. Tremolite3. Amosite 6. .Actinolite

When these minerals occur in a non-fibrous form, theyare not classified as asbestos. Commercially, chrysotile isthe form that has been used most and is mostcommonly found in rO<1ing materials.

Asbestos has been used since the beginning IXrecorded history, according to a National ResearchCouncil report, but the health dfects caused by asbestosexposure haw not been documented until recently. Theuses for asbestos increased dramatically during WorldWar II when the mineral was used for insulating andfireproofing ships. Until 1976, asbestos was required bymodel building codes in some areas where fireprotection was crucial. /Iccording to EPA, "Asbestos-containing materials can be found in approximately31,000 schools and 733,000 other public and commercialbuildings in this country:'

It is the resistant properties of asbestos fibers that arealso linked to several human health problems. It isimportant to note that a health risk exists only whenasbestos fibers are released in the ambient air andinhaled. As asbestos fibers lie within saturated asbestosrocAing felts, for example, there is little knaNn health risk.Dangerous exposure can be direct (the ~rker exposedon the job) or indirect (a family member may beexposed to contaminated clothing at home). Abers canget trapped in the lungs through normal breathing.

Studies haw shONn this can lead to asbestoSs. a non-malignant scarring lung condition. mesothelioma. a rarecancer a the lining of the chest or abdominal cavities.and cancer of the lung, larynx. stomach, colon. rectumand intestine. Many a these diseases often do not mani-fest themselws until 20 to 40 ~rs after exposure. Inaddition, the synergistic effect of cigarette smoking andexposure to asbestos fibers greatly increases an individ-ual's likelihood of contracting an asbestos-related disease.

H(YIJeIIe~ quantitative estimation a the effects ofasbestos exposure is difficult:

1. The biological effects are due in part to the physicalconfiguration of the asbestos fibers;

2. Asbestos is encountered with other materials that maymodify its effect;

3. The methods of counting fibers in the air haw variedover time and counting fibers does not accuratelyreflect the carcinogenic potential a the sample beingexamined;

4. Exposures were mud1 greater before 1950 than theyare nON. yet few measurements are available a theintensity a exposure Yt()rkers were exposed to before1950. Early instruments were not as sophisticated andcounted all particles (as is done today with phasecontrast microscopy). not just asbestos particles. anddifferent instruments with different capacities wereused in different places.

5. It is not clear within the medical community hON tobest measure quantitatively man's biologicalresponses: knowledge of potential carcinogens in thehuman body is incomplete.

Most asbestos fibers aren't visible to the human eye.The potential of an asbestos-containing product torelease fibers is dependent upon its degree of friability.Friable asbestos is defined by EPA as a materialcontaining more than 1 percent asbestos bY weight thathand pressure can crumble. pulverize or reduce topowder when dry. Asbestos-containing roofing materialsare considered non-friable and generally do not emitairborne fibers. unless subjected to sawing or cuttingoperations. There are certain roding operations whichcan release ION levels of asbestos. (See section on airmonitoring and test methodology.)

Because asbestos in naturally occuring. exposure inthe general population is una~idable. .According to theSafe Buildings Alliance. "Asbestos fibers have beenfound in lungs and other tissue of the generalpopulation. Analyses of normal healthy adult lung tissuesfrom persons who have not been exposed in theYt()rkplace have found that average lungs contain millionsof asbestos fibers..'

3

Furthennore, there is no proof that the higher 1Mexposure data can be used reliably to predict what willhappen if a population of individuals is exposed only toICHI cumulative levels:'

A report issued by the Asbestos Institute questionsEPA's estimate for 1C7N exposure I~s. Dr: Ronald Crystalc:i the National Institute for Health writes, "Noepidemiological study has shONn that 1C7N cumulativeexposure to any form of asbestos is linked to disease.

4

If you handle asbestos-containing materials, you needa general understanding of the sampling and analyticaltechniques for air monitoring for asbestos, as well aslocal and federal asbestos regulations. It is better to taketime initially to ask questions than to try to explain laterwhy data are not available or not accurate.

This report. as ~I as local, state and federal agenciesrefers to airborne asbestos fibers. Airborne asbestos ismeasured in fibers per cubic centimeter of air (f/cc). Afiber is defined by OSHA as a particulate form of asbestos.tremolite, anthophyllite or actinolite, 5 microns or longer;with a length-to-width ratio of at least 3 to 1. The awrageair concentration is calculated by dividing the total fibersfound during the monitoring by the amount ci air; incubic centimeters. drawn through the filter.

Because a the potential health aoo environmentalconcerns, several federal agencies have acted to preventunnecessary exposure to asbes:os. Their rules prohibitsome uses a friable as~os aoo set exposurestandards in the \\Orkplace. There are t\\O principalfederal agencies having authority to regulate asbestos:

1. Occupational Safety and Health Mministration(OSHA): sets exposure limits for \\Orkers on the job.

2. Environmental Protection Ageroj (EPA): regulates theuse and disposal of asbestos in the air; land or waterthrough the National Emissions Standards forHazardous Air Pollutants (NESHAP).

5

While the term asbe&1OS is used exclusiwly throughoutthis report, the OSHA regulations apply to asbeS:.os,tremolite, anthophyllite and actinolite. OSHA's role inregulating asbe&1os exposure began in 1971 when a 12flcc permissible exposure limit (PEL), determined as aneight hour time-weighted average (TWA) of airborneconcentrations, was included among the agency's initialstandard rulemaking on May 29, 1971. In July of 1976,OSHA reduced the PEL to 2 f/cc. After conducting anextensive rule-making proceeding, OSHA promulgatednew standards regulating occupational exposure toasbestos on June 20, 1986. These new rules amendedprevious OSHA standards pertaining to asbe&1os and, forthe first time, included specific standards for theconstruction industry. The details regarding the OSHAregulations are found in the Code of Federal Regulations(29 CFR part 1910). Previously, OSHA had one asbestosstandard which was generally more suitable for fixedmanufacturing 't\()f\<sites and a 'M)(kforce d long-termempl<7)Iees, rather than for short-term projects and ahighly mobile YtUrkforce, characteristics common to theconstruction industry.

These final regulations include a new 0.2 flcc PEL andestablished an "action level" of 0.1 flcc. If emissionsreach the action level, air monitoring, y.(>f\(er training,and other protective measures must be instituted."OSHA believes that by promulgating a revised PEL ci0.2 f/cc, it has fulfilled its mandate to protect YtUr!<ersfrom the harmful effects of asbestos exposure within theconfines of technological feasibility." (51 Fed. Reg. 22709(1986).)

Challenges to the OSHA standards were filed invarious courts by groups contending that the standardsare both too liberal and too &1ringent. The Building andConstruction Trades Department of the AFL-CIO,comprised of 15 international unions representing 4.1million construction indu&1ry YtUrkers, filed a petition forreview on June 17, 1986 with U.S. District Court dAppeals for the Di&1rict d Columbia, challenging theconstruction industry standard, Building and Constructionffades Department vs. Brock. No. 86-1359. The IndustrialUnion Department d the AFL-CIO filed a separatepetition for review of the general indu&1ry standard in thesame court (NO. 86-1360). The AFL-CIO's position is thatthe permissible exposure limit is too high and thestandard should have included a short term exposurelimit. The Asbestos Information Association filed separatepetitions on June 17, 1986 in the U.S. Court of Appealsfor the Fifth Circuit in New Orleans challenging both theconstruction and general indu&1ry standard on thegrounds of feasibility, particularly of monitoring the ~rpermissible exposure limit. Asbestos InformationAssociation vs. OSHA (Nos. 86-4416, 86-4422 and86-4423). These cases have been consolidated in theD.C. Circuit Court of Appeals.

The OSHA Asbestos Standard for the constructionindustry applies to all construction \\()fk. includingdemolition or salvage of structures where asbestos ispresent; removal or erK::apSUlation a materials containingasbestos, construction, alteration, repail; maintenance orrenCY\lation a structures, substrates, or portions thereofthat contain asbestos, installation of products that containasbestos; and transportation, disposal, storage orcontainment of asbestos or products containing asbestoson the site or location at which construction activities areperformed.

OSHA claims to have adopted a so-called "tiering"approach tailoring more stringent requirements to thoseconstruction activities that pose the greater risk ofasbestos exposure. Because employees engaged inasbestos removal, demolition and renovation operationswith friable asbestos are generally considered to havethe highest asbestos exposure of all construction'o'.()rkers, the most stringent requirements, based on initialemplCY)tee monitoring, are most likely to come into play.These requirements include temporary enclosuresmaintained under negative pressure and special hygienefacilities and decontamination procedures whenempl~ are engaged in asbestos removal, demolitionand ren<7Vation 'o'.()rk where exposure IMS reach orexceed the OSHA 0.2 f/cc PEL.

OSHA believes that initial air monitoring is essential forprotecting emplCY)tee health because it provides theemployer with information that will enable him toimplement engineering controls and 'o'.()rk practices andselect appropriate respiratory protection. On-site asbestosexposure monitoring is required at the outset of eachconstruction project in'-Olving asbestos unless producttesting or previous monitoring demonstrates no release ofairborne asbestos fibers at, or in excess a, the 0.1 f/ccaction level.

Each employer is to perform initial monitoring todetermine the airborne concentrations of asbestos towhich emplC7)ieeS may be exposed. Determinations ofempl~ exposure are to be made from "breathingzone" air samples that are representative of theempl(1jOO's time-~ghted average exposure over 8hours. There are tVfQ exceptions to the initial monitoringrequirement:

1. When the emplCY)rer can shaN that employeeexposures are belON the 0.1 f/cc action level by meansof objectiw data demonstrating that the product ormaterial containing asbestos cannot release airbornefibers in concentrations exceeding the action 1Munder 'o'.()rking conditions having the greatest potentialfor releasing asbestos (29 CFR 1926.58 (f) (2)(iQ);

2. When the empl~r had monitored previous asbestosprojects and historical data were obtained during Y.crk

6

methods used, and type of protecti~ de\ilces ~rn. ifany. These records must be maintained for at least 30~rs (29 CFR §1926.58 (n)(2».

In "regulated areas," defined as demarcated areaswhere airborne concentrations of asbestos e>«::eed or canreasonably be expected to exceed the PEL, dailymonitoring is required when empl(7y13eS are not equippedwith Type C. full-facepiece, supplied air respirators. Thedaily monitoring may be discontinued when empl('J'eeexposure le...els are bekHI the action 1M (29 CFR 1926.58 (f)(3». If initial monitoring indicates emplO'y,;!e exposureless than the 0.2 f/cc PEL, periodic monitoring is notrequired.

EmplC1)ters are obligated to institute a training programfor all employees exposed to airborne concentrations ofasbestos in excess of the 0.1 f/cc action few! and ensuretheir participation in the training program (29 CFR1926.58 (k)(3». The training program shall be providedprior to or at the time of initial assignment. unless theempl<:1)tee has received equivalent training within the past~r; and is to be provided in a manner the employee isable to understand (beoNare of language limitations) andmust include, among <Xher items. training in recognizingasbestos, necessary protecti~ measures to minimizeexposure. engineering controls, proper use of respirators,and proper ~rk practices. In addition, training recordsare to be maintained for one ~r beyond the last dateof employment.

EmplC1)ters are required to institute a medicalsurwillance program for all empl(7y13eS where exposure isat or above the action level for 30 or more days per ~r,or who are required to ~r negati~ pressurerespirators (29 CFR §1926. 58 (m)(l)O». Medicalexaminations must be made available at no cost to theempl<:1)tee within 10 ~ng days after employee hasbeen exposed to asbestos at or above the action 1Mfor 30 days and at least annually thereaftel: TheemplC1)ter is to establish and maintain medical records foreach OOY'ered employee for the duration of employmentplus 30 years.

OSHA has designated engineering Controls and ~kpractices that are to be used by the contractor toachie...e compliance with the permissible exposure limit of0.2 f/cc. (29 CFR §1926.58 (g». If emissions reach the0.2 f/cc PEL, emplC1)ters must use one or a combinationc:l OSHA-pr~ribed work practices. These are:

1. Local exhaust ~ntilation equipped with high-efficiencyparticulate air (HEPA) filter dust collections systems;

2. General ~ntilation systems;

3. Vacuum cleaners equipped with HEPA filters;

4. Enclosure or isolation of processes producingasbestos:

5. Use of y.et methods, \\effing agents, or removalencapsulants to control exposure during handling,removal. cutting, application and clean-up. (The

operations conducted under \\<>rkplace conditions"closely resembling the processes, type a material,control methods, \\<>rk practices, and environmentalconditions used and prevailing in the emplC7)oer'scurrent operations;' demonstrating that exposures onthe present job will be belCYN the action 1M (29 CFR1926.58 (f)(2)~iO).

The historical monitoring data exception to the initialmonitoring requirement is only applicable when theprevious data are "scientifically sound and collectedusing methods that are sufficiently accurate andprecise"; the processes and \\<>rk practices areessentially the same; the characteristics of the asbestos-containing material are the same; and the environmentalconditions are the same (51 Fed. Reg. 22713 (1986».

Although the regulation speaks of where the employerhas monitored similar jobs previously, OSHA hasindicated that it VoQuld permit a sufficiently detailed database of historical exposure monitoring results obtainedfrom different employers conducting similar projects (51Fed. Reg 22713 (1986». The employer who seeksexemption frCM'n the initial monitoring requirements on thegrounds of objective data demonstrating that theasbestos products are not capable of releasing asbestosfibers at or above the 0.1 f/cc action level under ~expected job-site conditions must establish and maintainan accurate record of that data shOtVing the results ofthe testing, and hCYN that data support the exemption(29CFR 1926.58 (n)(1).

Employers are not required to make separate.personalized measurements of each individual employeeexposed to asbestos. Rather "representative"measurements to characterize the exposure a severalemployees who perform essentially the same job underthe same conditions are permitted. H~ if theemployer uses representative personal samplings foremployees engaged in similar \\Qfk and exposed tosimilar concentrations of asbestos fibers, the employeewho can reasonably be expected to have the highestexposure should be monitored.

The method of sampling and analyzing personalsamples taken during the monitoring process must satisfyOSHA requirements as set forth in Appendix A to§1926.58, OSHA Reference Method (e.g., NIOSH 7400method) (29 CFR §1926.58 (f)(5».

Employers are required to notify affected empi<Y)lees athe monitoring results pertaining to an empl~'sexposure as soon as possible foilCYNing receipt ofmonitoring results. The notification must be in writingeither individually or by posting in a centrally locatedplace. Employees exposed to asbestos or theirdesignated representatives are to be given theopportunity to observe asbestos sampling (29 CFR§1926.58 (f)(6».

The employer must keep records of all measurementstaken to monitor empl~ exposure to asbestos.shONing the date of the measurements, the operationirw/ving exposure to asbestos. sampling and analytical

'7

Building and Construction Trades Department, AFL-CIO, presented OSHA with information during therulemaking process shONing a decrease in fibercounts d up to 900/0 when ~t methods and ~ttingagents are used.)

6. Prompt disposal d asbestos-contaminated wastes inleak-tight containers; or

7. Use of dher IM>rk practices or engineering controlsthat can be sho.vn to be feasible.

Again, these procedures are designed for friableasbestos and when air monitoring yields results at orabow the 0.2 OSHA PEL.

If the OSHA-pr~ribed engineering controls and y.()rkpractices are not sufficient to reduce emplC1'jeeexposures to or beloN the PEL, the employer isobligated to implement controls to reduce the exposurelewl to the 100Nest feasible I~ and use respiratoryprotection (29 CFR §1926.58 (g) (I) OQ ). The OSHAregulations clearly call for the use d engineering controlsand y.()rk practices as the primary means to obtaincompliance and the use d personal protectiwequipment when the exposure hazard cannot beeliminated or minimized to an acceptable 1M.

If you have reason to think exposure levels will beabow the PEL, respirators are to be supplied at no ~to emplc:7)'ees in the following situations:

1. During the interval necessary to install or implementfeasible engineering controls and y.()rk practices;

2. In y.()rk operations such as maintenance and repairactivities where engineering controls and y.()rkpractices are not feasible;

3. In y.()rk situations where feasible engineering controlsand y.()rk practices are not sufficient to obtain PELcompliance and;

4. In emergencies.

The type d respirator required is a function of thedegree to which the airborne concentration of asbestosexceeds the 0.2 f/cc PEL. OSHA regulations include arespirator protection program (29 CFR §1910.134(bXd)(eXf» and respirator fit testing at the time of initialfitting and at least six months thereafter for eachemplC1'jee ~ring a negative-pressure respirator:

Protective clothing O.e., whole-body clothing, headcovering, glCYlleS and foot ~ng) must be supplied toall employees exposed to airborne concentrations ofasbestos in excess d the PEL. The regulations alsocowr laundering and hygiene facilities and practices.

A y.()rk area where the PEL will be exceeded is to bedemarcated as a "regulated area". These areas containfriable asbestos and are almost always within thebuilding's interior: Any person entering a regulated areais to be supplied with an OSHA-approved respirator andthere shall be no eating, drinking, smoking or che\"Jing in

the area.

On multi-empl~r YKJrksites, an empk'Jer performingasbestos 't\Qrk requiring the establishment of a regulatedarea O.e., an area where the airborne ~ntrations ofasbestos e>«::eeds or can reasonably be expected toe>«::eed the 0.2 f/cc PEL) must inform other empl~rs onthe site d the nature d the asbestos 't\Qfk beingperformed and d the ex~ence of and requirementspertaining to regulated areas O.e., respirators, personalprotective equipment) (29 CFR §1926.58 (d) ).

Warning signs must be posted around regulated areasso that the sign can be read and necessary protectivesteps taken before entering the demarcated area. Thesign must provide notification d: DANGER-.ASBESTOS-CANCER AND LUNG DISEASE-AUTHORIZEDPERSONNEL ONLY RESPIRAlORS AND PROTECTIVECLorHING ARE REQUIRED IN THIS AREA (20 CFR

§1926.58 (k) ).labels shall be affixed to all products and containers

containing asbestos warning of the danger of asbestosfibers: DANGER CONTAINS ASBESlOS ABERS AVOIDCREATING DUSl: CANCER AND LUNG DISEASEHAZARD. labels are ncX required where themanufacturer can demonstrate that the asbestos fibershave been modified t1)t a bonding agent, coating, binderor other material such that there will be no release dasbestos in excess ci the 0.1 f/cc "action" 1M.

If exposures are expected to be above the OSHA PELand wher~r feasible. the employer shall establishnegative-pressure enck>Sures before commencingremoval, demolition and reOO\'ation operations. Entry toand exit from the enclosure must be controlled.EmplCY)tees 't\Qrking within the enclosure must YoEarprotective clothing and respirators and be trained in thearea of engineering controls. 't\Qrk practices andpersonal protective equipment. An asbestos-wise"competent" person, trained in a comprehensive course,such as a course condlded by an EPA AsbestosTraining Center; is to supervise the project. Hygienefacilities and decontamination procedures must be used.(29 CFR:1926.58 (e)(6». OSHA has written anexception to the negative pressure enclosurerequirement, which states that the employer is notrequired to establish negative pressure enclosures, "Forsmall-scale. short duration operation, such as pipe repairvalve replacement, installing electrical conducts, installingor removing drywall, roofina, and other general buildingmaintenance or reOOoJation:' (29 CFR 1926.58 (eX6)(iv). Itis not clear; h<7vYever; h(,N this exemption applies. A Courtof Appeals recently cirected OSHA to reconsider andclarify this provision. OSHA, as d February, 1988, iswriting an "options" paper to address all the provisionsci this exemption.

The critical, technical question in regard to OSHA'sstandards is whether a contractor's operations withasbestos-containing materials will yield concentrations ciairborne asbestos in excess of the 0.1 f/cc "action level"or the 0.2 f/cc PEL. The quantity of asbestos fibers

8

gnitted in any one roding operation will be a furdion c:1a particular asbestos-COI"dairing material (ag., asphalt.asbestos roding felts. asphalt-asbestos shingels, cement-asbestos shingles), the operation being perfonned (ag..remOlSJ a felt rociing, installation d roding shingles),~Dent envirormentaJ cordtion (e.g., wind), and 'M>rkpractices emplO'y'9d (e.g., wetting d asbestos-containingmaterials, careful handling of waste and dumping).

Test results gathered by the NRCA Asbestos Task

Force haw sh<»'n, in m~ cases using phase cortrastmicr~ (pcM-~ section on air monitoring and testmethodology). exposure IMS are beION the OSHA 0.1floc action 1M. When results using PCM ha'v'e beenaboIIe the don 1M, and taken to transnjssion electronmicrcs;or1'l (TEM). the ~aI ~os IMs remainbelON the OSHA action IMS, This is becau~ PCMcannot distinguish which fibers are asbestos, and countsYtOOd. fiberglass, and/or other partides emitted.

9

6. Nature a planned demolition and renovation andmethod to be used;

7. Procedures to be used to comply with EPA standardsto pr~nt visible emissions a particulate asbestosmaterial to outside area; and

8. Name and location of the waste disposal site wherethe friable asbestos waste material will be deposited.

On buildings with at least 160 square feet of friableasbestos material and on facility components of 260linear feet of friable asbestos material on pipes, thefriable asbestos material must be r~ prior to anydemolition or renovation that v.oold break up the materialunless the asbestos is encased in concrete or similarmaterial or the materials are adequately ~tted wheneverexposed (40 CFR § 61.147).

When a facility component c~red or coated withfriable asbestos material is being rem~ in units orsections, the friable asbestos materials, exposed duringcutting or disjointing operations, must be adequately~tted. The units or sections being rem~ must becarefully I~red to ground I~I and not dropped orthroon.

When friable agbeg;os-containing materials are beingremoved from any part of a facility prior to removal froma member, the asbestos-containing materials must bewetted. Similarly, if a facility component h~ beenrem~ as a unit or section, the friable asbestosmaterials must be adequately ~tted after the unit orsection has been removed, prior to the removal cl theasbestos.

Friable asbestos materials that are being directlyrem~ must be adequately ~tted to ensure that theyremain ~ until collected for disposal, carefully I~redto ground level (not dropped or thr<1Nn) and transportedto the ground via dust tight chutes or containers ifremoved more than 50 feet abow ground I~I and notremoved as units or sections.

EPA has also proposed a ban on the manufacture,importation and processing of fiw uses of asbestos:asbestos-containing rOOing materials, asbestos-containingflooring materials ~ncluding virf}/l-asbestos flooringbacked with flooring felt), vinyl-asbestos floor tile,asbestos-rement pipe and fittings, and asbestos clothing(51 Fed. Reg. 3738 January 29, 1986). EPA furtherproposes to phase out owr ten years the use ofasbestos in all other products. These products ~uld beprohit)ted because EPA beli~ that safer; economicallycompetitiw substances for these products are availableand that the manufacture, processing and use ofasbestos products leaves a "legacy cA asbestos in theambient air"

National Emission Standards for Hazardous Air Pollutants(NESHAP). ~os Regulations (40 CFR 61. Subpart M:49 Fed. Reg. 13661. April 5. 1984). Rrst promulgated in1973 under the Clean Air .Ad, these regulations ~rerevised in 1975 and 1978 to cover building re~tionsand asbestos emissions frcm asbestos-containing wastematerial. and ~re repromulgated on April 5. 1984.

The regulation as it applies to demolition andrenovation of a building deals with friable asbestos anddistinguishes ~n facilities and friable asbestosmaterials of 160 square feet (15 square meters) on facilitycomponents or 260 linear feet (80 linear meters) onpipes. versus facilities with lesser quantities.

The purpose of the NESHAP regulations is to preventdischarge of any visible emissions of particulate asbestosmaterial to outside air. Asbestos-containing roofingmaterials are generally considered to be non-friable.H~r; due to sawing, chopping. or cutting. so-neNESHAP dficials may consider it differently. A list of EPAregional offices and NESHAP coordinators is on the nextpage. It is recommended to contad }-'Our regionalcoordinator to determine the guidelines )00 need tofollow when disposing of the asbestos-containing roofingmaterial. These NESHAP regulations are currently beingrevised. although a timetable for the revised regulationshas not been issued at the time a the printing of thisdocument. In the meantime, these regulations are ineffect until further notice from EPA.

For all demolition and re~tion projects in-vuMngfriable asbestos materials. EPA must be pra\iided withnotice of intention to danolish or reOOVdte prior tobeginning ~rk. (40 CFR §61.146). For ren<7'lationprojects, notice is to be giwn as early as possible beforealterations are made. For demolition projects ~.e.. thewrecking or taking out of any local bearing structuralmember). notice must be given at least 10 days prior todemolition for projects at least 160 square feet or 260linear feet and 20 days prior to danolition for projectswith lesser quantities cj friable asbestos. The notice is toiooude the following information:1. Name and address cj (MIner or operator cj the

demolition or renovation operations;

2. Description cj the facility being demolished orren<7'lated. including size, age and prior use cj thefacility;

3. Estimate of the approximate amount cj friableasbestos-containing material present in the facility interms of linear feel of pipe, and surface area on otherbuilding components;

4. Location of facility being demolished or ren<7'lated;

5. Scheduled starting and completion dates of demolitionand/or renovation;

10

EPA has also proposed to establish a permit system tophase out all other asbestos products for which there areno substiMes. Ewntually, all mining and importation ofasbestos \\OOld be prohibited, except where all~under an exemption process. There is ml£h debate owrthis proposed ban and phase out of asbestos productsfrom as~os indu&1ry organizations that feel it is unfairand unwarranted. EPA knC1t\'S less about the health9'rects of so-ne a the substitutes than they do aboutasbestos, and many organizations beli~ asbestos maybe used in a controlled, safe, and efficient manner:

Regional Asbestos NESHAP CooI'dlnators

REGION 1 REGION 6Bridget McGuiness Bruce MooreAir Management Division Air; Pesticides and ToxicsU.S. Environmental Division

Prot~on Agency U.S. EnvironmentalJFK Federal Building Prot~on Agency~on. MA 02203 1445 Ross Awnue(617) 835-3266 Dallas, TX 75202Frs: 835-3266 (214) 655-7229

Frs: 255-7229REGION 2Bob FitzpatrickAir and Waste

Management DivisionU.S. Environmental

Protection AjJency26 Federal PlazaNew York. NY 10278(212) 264-2611FTS: 264-2611

REGION 7JMnn HeimanAir and Toxics

Management DivisionU.S. Environmental

Pr~ection ,i\Qercy726 Minnesota AwnueKansas City, KS 66101(913) 236-2896FTS: 757-2896

REGION 3St~ CopelandAir Management DivisionU.S. Environmental

Prot~on AgeOO'/841 Chestnut StreetPhiladelphia, PA 19107(215) 597-9393F1S: 597-9393

REGION 8Gail BrionAir and Toxics

Management DivisionU.S. Environmental

Protection Agency999 18th StreetDenwr; CO 80202(303) 293-1814FTS: 564-1814

EPA Regional OffIce.

4-AJabama 1-Maine 3-Pennsylvania1Q-Alaska 3-Maryiand 1-Rhode Island9-Arizona 1-Massachusetts 4-South Carolina6-Arkansas 5-Midligan 8-South Dakota9-Ca1ifornia 5-Minnesota 4- Tennessee8-CoIorado 4-Mississippi 6- Texas1-Connecticut 7 -Missouri a-Utah3-Delaware 8-Montana 1-Vermont3-D.C. 7 -Nebraska 3-Virginia4-Aorida 9-Nevada 10-Washington4-Georgia 1-New Hampshire 3-West Virginia9-Hawaii 2-New Jersey 5-Wi~nsin

1Q-ldaho 6-New Mexico 8-Wyorning5-lllinois 2-New York 9-American'5-lndiana 4-North Carolina Samca7 -Icma 8-North Dakota 9-Guam7 -Kansas 5-Ohio 2-Puerto Rico4-Kentucky 6-Oklahorna 2-Virgin Islands6-looisiana 1 O-Oregon

REGION 9 .Janet CrawfordAir Management DivisionU.S. Environmental

Protdon Agercy'215 Fremont StreetSan Fraoosco, CA 94105(415) 974-7633F1S: 454-7633

REGION 4John HundAir; Pesticides and Toxics

Management DivisionU.S. Environmental

Protection Agercy345 Courtland Street N.E,Atlanta, GA 30365(404) 347-2904FTS: 257-2904

REGION 10Betty SwanAir and Toxics

Management DivisionU.S. ErrllironmentaJ

Protection Agency1200 Sixth A~nueSeattle, WA 98101(206) 442-2724FTS: 399-2724

REGION 5Bruce VarnerAir and Radiation DivisionU.S. Environmental

Protection Agency230 South Dearborn StreetChicago. IL 60604(312) 886-6793FTS : 886-6793

A.-;8ed5/87

11

This Legislation was enacted by Congress without adissenting ~e in the fall a 1986 and signed into law byPresident Reagan on October 22, 1986, as Title II of theToxic Substaroe Control kt (TSCA,). The kt requires allschool systems to identify, develop management plansfor and abate asbestos hazards in ~hool buildings. EPAestimates that it will provide protection to 15 millionschool children and 1.4 million employees potentiallyexposed to friable asbestos in 31,(XX) schools.

EPA issued final rules governing asbestos inspections,procedures, re-inspections, response actions andasbestos transport and disposal on October 30, 1987 (40CFR Part 763). These regulations require all localeducation agencies (L~) to identify asbestos-containingmaterials (ACM) in their ~hool buildings and theappropriate actions to control release of asbestos fibers.

The AHERA regulations are intended to OOv'erasbestos "in" school buildings and specified exteriorportions. NRCA submitted comments to EPA requemingthat roofing be specifically excluded from this standard.Although EPA did not specifically mention roofing in thefinal regulation, the regulation says. "Asbestos containingbuilding material (ACBM) encompasses surfacing ACM,thermal system insulation ACM, and mi~IIaneous ACMin or on interior parts of the school building. Theseinclude specified exterior portions of ~hool buildingsthat, for the purposes of this rule, may fairly byconsidered interior parts. EPA focused upon interiorbuilding materials because. in the .AiJerq's experience.such materials represent a wry large percentage a ACMin ~hools and appear to pose the greatest hazards tooccupants.' '

The definition of school building in the rule h~r;makes it clear that exterior hallways connecting buildings,portkx>S, and mechanical system insulation areconsidered to be in a building and are subject tojurisdiction under 1SCA Title II. "The Agency beli~that these exterior areas, by virtue of the accessibility ofthe .ACM found there. warrant indusion under the rule.Often, these exterior areas are connected to interiorareas and could be considered to be a singlehomogeneous area in terms of a removal projectdesign." NRCA has receiwd, from the EPA Office ofToxic Substances, an oral determination that AHERAdoes not apply to rOOing.

EPA will also dMop a model contractor accreditationplan for ~rkers who perform initial asbestos inspections,for persons who prepare management plans, and forabatement contractors. A laboratory accreditationprogram is to be developed by the National Bureau ofStandards gC1.Jerning labs that analyze asbestos-airsamples.

EPA is to conduct a study of the extent to whichasbes:os-containing materials is present in other publicand commercial buildings and is to consider whetherpublic and commercial buildings should be subject tothe same inspection and response action requirementsas are developed under AHERA for school buildings.

For further information, you may contact:Edward A. Klein Director; TSCA Assistance Office

(TS-799) Office of Toxic Substances, U.S. EPA, RoomE-543, 401 M St. S.W. Washington, D.C. 204602021554-1404

12

sey, New York, Ohio, Washington). Notice and record-keeping requirements are also common, identifying theasbestos project, the starting and completion dates. theprocedures utilized and the disposal site. Generally, thestate statutes and regulations call for asbestos abatementprocedures similar to those set forth in federal

regulations.Many states ha~ enacted legislation dealing

specifically with asbestos in schools and public buildings.These statutes generally required a sur'le"f to assess theextent and danger of asbestos materials and thedMopment ct an asbestos abatement plan (e.g.,Connecticut, Illinois, Louisiana, Maine, Maryland.Massachusetts, Missouri, New York, Virginia).

A few states haw enacted legislation limiting theliability of government officials irMJIved in asbestosabatement activities (Georgia, Mississippi, Tennessee).Louisiana and Ohio haw enacted statutes limiting thecontractor's liability while performing asbestos-related~rk, except in cases of negligence or violation of lawsor regulations.

A majority of states have enacted legislationconcerning asbestos. A survey, undertaken by theBureau of National Affairs (BNA) in late 1986, reoY'8atedthat 32 states enacted more than 60 asbestos-relatedstatutes and that 75% of these states had passed themduring the preceding ~ years. In addition to legislation.many states haw promulgated regulations dealing withasbestos. 'yOU MUST BECOME FAMILIAR WITH THESTATE LA\\'S AND REGULATIONS IN THE STATE INWHICH 'yOU ARE PERFORMING ,ASBESTOS RELATED'NaRK. Monitor ~r state's activity, and be sure toprovide written comment to the appropriate state bodies.

Approximately 20 states (Alaska. Arkansas. California.Connecticut. Georgia, Illinois. Iowa. Kansas, louisiana.Maryland, Michigan, Nebraska. New Hampshire, NewJersey, New York, Ohio, Oklahoma, Rhode Island, Utah,Vermont. Washington) have enacted statutes requiringlicensing and/or certification of contractors performingasbestos y,ork.

State agencies (e.g., Department of labor; Departmentof Health and Environment) have pranulgatedregulations establishing licensing criteria applicable tocontractors engaged in the demolition, renovation,removal or encapsulation of friable asbestos material.Typically. the regulations require the satisfactorycompletion of an appr~ training course of aprescribed duration in the removal. abatement.encapsulation and health and safety aspects of asbestos(e.g.. California (with some exception). Georgia.Maryland, Michigan. Nebraska. New Jer-

13

A critical consideration for any contractor ioo..-ed inconstruction \\Urk where asbestos is or may be presentis the matter of insurance ~rage.

\bu should discuss specifically with yourInsurance advisor the question of what coverage isapplicable to asbestos whenever your Insurancepolicy Is being revised, renewed or modified in anyway so that you have a thorough and accurateunderstanding of the applicable Insurance coverageand exclusions.

Workers' compensation and emplC1i9f's liability~rage being cAtered to date does 00 contain aspecific e>«::Iusion for diseases and injuries sustained byempl~ exposed to asbestos. Thus, to the extent cithe applicable statutory timit and the imitations ~ theindividual policy, contractors generally will have Yt()rkers'compensation cCYv9rage applicable to a claim arising out~ the use ~ or exposure to asbestos. H~ courtsmay fioo that an empk1jee who ~ a dseaseresulting from exposure to asbestos is not limited to theremedy prC1Jided under the applicable state \\Urkers'compensation statute.

An injured empk1jee is rxX necessarily limited topursuing a Y-Orkers' compensation claim against hisempla')'9f: The emplO','ee may seek to pursue a claimagainst a third party such as ardher rontractor (e.g., ageneral contractor if the injured person is an empl(7)'eeci a subcontractor) or an owner: The third party, in allliltslihood, \\WId in turn seek to r~ from theempk7,'9r ~ the injured ~pIO')oee. particularly if therewas indemnifK::ation and hold harmless obligation in acontract ~n the empl~r and the third party (e.g.,in a sutx:ontract bet\Wen a su~Dx aoo generalcontra::tor). This third party daim or "dam C1.oer" againstthe contractor may or may not be covered by insurance.If OOv'erage B a the contractor's VlKXkers' compensationPC*-)', "EmpiO')'8r's Uability:' is had to be app/k:able tothe claim, there should be insurance coverage becausethe \\Urkers' compensation policy does not contain anasbestos e>dusion. On the other hand, if the contractor'scomprehensiw general liability, includng ~liability poIk:ies, are held to be applica~ to the claim,there \\Uuld not be insurance OOv'erage if these policiescontained an asbestos e>dusion. (See ci&::ussionregarcing Comprehensiw General Uaality ~ge.)

The Comprehensiw or Commercial General UabilityInsurance (CGL) policy adopted by the InsuranceServices Office (ISO) and widely, but ~ e>dusively.used today normally does not cormn a specificasbestos e~lusion in the text of the policy. The policyhas, ~. contained a "pollutant" mdu,gon for aoomber a }.ears which generally states that the policydoes not apply to bodily injury or property damageari,gng out of the discharge, dispersal. release or escape~ smoke. vapors. soot. fumes, acids, ~kalis, toxic~icals. liquids or gases, waste materials or otherirritants. contaminants or pollutants into or upon land. the

atmosphere or any water cou~ or body ci water; txJtthis e>«:lusion does not apply if such discharge.dispersal, release or ~ is sudden and acx:identaJ.The abo.'9 e>du9on has been eriarged Upor1 t:1I the~ recent modification promulgated t:1t the Insu~Services Office t:1t, inter alia, eliminating the "sudden andacx:idental" exception to the oousion.

Comprehensiw and commercial general liaDityinsuraoce policies. including business ONner's contractualliability, manufacturer's and contractor's liability, ONner'sand cont~or's protdw liability, ONner's, Iandords andtenant's liability and &orekeeper's insurance p(*:iescurrently issued typically will ioclude language along thefolkM'ing lines, either in the text ci the policy Of; t:1tendorsement to the policy:

"1. To bodily injury or property damage arising out cithe actual, alleged or threatened discharge,dispersal, reI~ or escape ci pollutants:

(a) At or from premises ONned, rented or cx:cupiedt:1t the named insured;

(b) At or from any site ci location used t:1t or for thenamed insured or others for the handing,storage, disposal, processing or treatment ofwaste;

(c) Which are at any time transported, handed,&ored, treated, disposed ci, or processed aswaste t:1t or for the named insured or anyperson or organization for whom the ~insured may be legally responsi~e; or

(d) At or from any site or location on which thenamed insured or any contractors orsutx:ontractors \\<>rking directly or indirectly onbehalf ci the named insured are performingoperations:(i) If the pollutants are brought on or to the site

or location in connection with St.x:hoperations; or

Qi) If the operations are to test for; monitOf;clean up, r~ cootain, treat, detoxify orneutralize the pollutants.

'"2. To any loss. cost or expense arising out of anygo.-emmentaJ direction or request that thenamed insured t8&1 for; moMor; dean up,rern~ contain, treat detoxify or neutralizepollutants. Pollutants mean any solid, liquid,gaseous or thermal irritant or contaminant,irduding g-noke, vapor; soot, fumes, acids,alkalis, chemicals, and waste. Waste includesmaterials to be r~Ied, reconditioned orredaimed."

An argument might be made that an asbestosclaim was excluded under the pollutionexclusion.

14

Within the ~ ~ a specific asbestosexclusion is increasingly being made a part ofcomprehensive or commercial general liabilityBOO umbrella ~ liability policies. TtMs~usion generally reads along the folkM'inglines:

"(a) This poIq does ~ apply to: badly injuryor property damage arising in part ciwholly out ci cont8:;t with or proximity toasbestos. hornblende. materials made fromor incorporating asbe&1:os or hornblende, orany materials made from or incorporatingor having been in contact with or inproximity to items similar in composition toasbe&1os or hornblende. whether on thepart of the insured or another; whether as aresult ci in&1ailation, removal, testing,inhaling ci fumes. or any other form ciproximity to asbe&1os. or hornblende orother materials described above.

"(b)A typical ~ poIK;y e)«:!usion, mayread: 'It is understood and agreed thatsuch insurance as is afforded by this poIqdoes ~ apply to any and all liability forbodily injury, disease. or illness. includingdeath at any time resulting therefrom, orproperty damage, for past, present, orfuture daims arising in whole or in part,either dirOOly or indir~, out ci themanufacture, distribution, sale, resale,rebranding, handling a, or exposure to,asbe&1os or products containing asbestoswhether or ~ the asbestos is or was atany time airborne as a fiber or particle,contained in a product, carried on clothing,imaled, transmitted in arr)' fashion, orfound in any form whatsoever:'

"It is further under&iood and agreed that ttjs policywill not become ~SS of any reduced or exhaustedunderlying aggregate timit a liability or aggregate self-insured retention to the extent sud1 reduction orexhaustion is the result a claims, damage or lossexcluded by this endorsement."

The asbes:os oouSon endorsement has ~eCOrTvnOnpiace in bah CGL and umbrella poIides. If thisoccurs in yoor policy, yoo ~Id haw no ~ge underyoor underlying CGL and umbrella policies for ~abilityclaims based on the handling a asbestos or asbestos-containing materials.

The CGL insurance coverage prC1v'ided by CNAthroogh the National Roding CMradors ~on(NRCA./CNA insu~ program) as a Feb. 1988, did notcontain the asbestos ~Iusion endorsement to theprimary CGL policy, but the exclusion present inUmbrella E~ Liability policies.

There are ~ special policies applicable to asbestosliability. ~ral insura~ companies cAter asbestosliability insur~ CO'.'erage. These "special policies" aredesigned for asbestos abatement contractors and hawwry high premiums. A minimum anrMJal depogtpremium d $25,000 and a per project insurancepremium a 16% to 18% a the contract arTnJnt iscommon.

15

Contractual Provisions Pertaining to Asbestos-RelatedConstruction Work

to indemnify, defend and hold harmless Contractorfrom and against any and all liability, damages,losses, claims, demands, or lawsuits arising out ofor relating to the presence of asbestos orasbestos-containing material at the work site."

The 1987 construction contract documentspromulgated by the American Institute of Architects (AlA)contain provisions for the first time specifically dealingwith asbestoo. The General Condition of the Contract forConstruction (10.12), AlA Document A2O1, and thestandard form of agreement be~n controctor andsubcontractor (4.3.3), AlA Document A401, 1987 editions,call for the contractor and subcontractor respectively tostop ~rk if they encounter asbestos which has not beenrendered harmless:

"In the event the Contractor encounters on thesite material reasonably believed to be asbestos orpolychlorinated biphenyl (PCB) which has not beenrendered harmless, the Contractor shallimmediately stop work in the area affected andreport the condition to the Owner and Architect inwriting. The Work in the affected area shall notthereafter be resumed except by written agreementof the Owner and Contractor if in fact the materialis asbestos or polychlorinated biphenyl (PCB) andhas not been rendered harmless. The Work in theaffected area shall be resumed in the absence ofasbestos or polychlorinated biphenyl (PCB), orwhen it has been rendered harmless, by writtenagreement of the Owner and Contractor, or inaccordance with final determination by theArchitect on which arbitration has not beendemanded, or by arbitration under Article 4."

The AlA documents contain a carefully circumscribed,limited hold harmless obligation running from the ownerto the contractor, architect, and architect's agents underAlA 201, 10.1.4., and from the contractor to thesubcontractor and sub-subcontractors under AlA 401,4.3.4. Pursuant to these provisions, for example, thecontractor ~Id be obligated to indemnify and holdharmless the subcontractor against claims arising out ofthe performance cI work in an area where there may beasbestos, if indeed asbestos is found and the asbestosmaterial has not been rendered harmless, and the claimis attributable to bodily injury or injury to tangibleproperty and to the extent the injury is caured by thenegligent act or omission cI the contractor, architect orowner:

The limited provisions in the 1987 AlA documents donot address the situation faced by the contractor whose'MJrk is knoon to include handling asbestos-containingmaterials. If the owner calls upon you to remCM3. installor otherwise handle asbestos-containing materials, youmight consider including a hold harmless clause in yourcontract providing that the ~ner will indemrVfy and hold

If you do not contemplate performing any asOOstos-related work during a construction project, you shouldconsider inserting an express pr<7vision to this ~ect inyour proposal or contract. Otherwise, if you unexpectedlyencounter asbestos, you might find ~urself liable tohandle asbestos-containing materials and incur a muchgreater expense than anticipated in complying with theregulatory requirements applicable to asbestos. Thereshould be a clear definition of the scope of ~rk ~u willperform so that all parties know at the outset of theproject whether asbestos-containing materials areirwlwd.

Beware of this type of standard construction contractlanguage which could pose a problem if asbestos isfound: "By executing the contract, the contractorrepresents that he has visited the site and familiarizedhimself with the work and the conditions under which thework is to be performed:'

In the absence of a specific contractual pr<7visiondealing with asbestos, the a~ language might beconstrued to obligate you to perform asbestos abatementwork in situations where }'OO did not intend to do sobecause you ~re not aware that asbestos materials~re to be remowd.

Pr<7visions along the foll<)Njng lines might beappropriate for a roofing contractor who does re-roofingwork, but does not intend to perform any asbestosroofing materials remC7\lal work:

"This proposal is based on the assumption thatthe existing roof does not contain asbestos or anymaterial containing asbestos. Contractor is notengaged in the identification, abatement,encapsulation or removal of asbestos or asbestos-containing materials and will not be responsible forasbestos abatement or removal. In the event thatasbestos or material containing asbestos isdiscovered during the course of the workdescribed in this proposal, Contractor reserves theright to rescind this contract and receive paymentfor work performed or suspend its work for areasonable period of time while the Ownerengages a firm specializing in the removal anddisposal of asbestos to remove the asbestos fromthe work site. Contractor shall be entitled toreasonable compensation for extra expensesincurred by Contractor as a result of the presenceof asbestos-containing material at the work site.

"Contractor is not responsible for any claims,demands, or damages arising out of the removal ofasbestos from the work site and the Owner, byaccepting this proposal, agrees to releaseContractor from any such claims, demands ordamages.

"The Owner, in consideration of Contractorperforming the work in this contract, hereby agrees

16

you harmless from and against all claims arising out ofthe handling of the asbestos. provided you haw notacted in a negligent manner:

For instance, a contractor who. having become familiarwith and intending to comply with EPA, OSHA andapplicable state requirements pertaining to asbe&os,decides to engage in the business of remCY\fal ofasbestos-containing materials. might consider includingthis provision in his contracts with cmners and othercontractors who desire his services:

"Provided subcontractor conducts his operationsin accordance with the applicable requirementsestablished by the Occupation Safety and HealthAdministration and the Environmental ProtectionAgency, Owner agrees to exonerate, indemnify,defend and hold harmless Subcontractor from andagainst all claims, demands and lawsuits and alldamages, expenses and losses incurred bySubcontractor's removal of asbestos-containingmaterials from Owner's building and work site."

11

air through the filtering elements to the facepiece. Thistype of respirator provides greater mobility andenhanced 'ItOrker comfort bocause the 'ItOrker is nottethered to an airline and the continuous airflON Oller the'ItOrker's face provide cooling. It is advisable to choose aPAPA with a full face piece to prewnt eye irritation.Constant-fiON airline respiratcxs also deliver a continuousflON of air but it is not delivered on demand.

At level 5, OSHA requires a pressure-demand air-line

respirator with an auxiliary positive pressure (SCBA).There are scme other considerations that !t1ould be

taken into account when sel~ng a respiratoc Of mostimportance is f~piece fit t~ng and communicationaids. OSHA requires employers to conduct facepiece fittesting on all negative-pressure respirators oong used.Fit testing helps prewnt inward leakage of any aircontaminants. The employer can perform a qualitative orquantitive facepiece-fit test. Qualitative facepiece tests arebased on an individual's det~on of inward leakage bysmell or irritation. While the employee ~ars therespirator as if he ~re 'ItOrking, he is asked to detectthe odor of some irritant, such as banana oil, in a testenclosure. If the 'ItOrker can smell the irritant, theface piece does not fit properly and another size isdistributed.

Quantitative tests are based on the actualmeasurement cj facepiece leakage with analyticalinstruments. These tests are performed continuously,while the 'ItOrker performs special physical exercises tosimulate different 'ItOrkload situations.

If exposure levels are a/)o\Je the OSHA 0.2 f/cc PELand if engineering controls and \\<>rk practices cannotreduce the exposure bela-N the PEL, employers arerequired to provide respiratory prdection as required byOSHA. OSHA has established various levels of exposureand the corresponding respiratory protection that is

required.At level one (ten times the PEL or exposure up to 2

f/cc), OSHA requires the Ytlearing ci a half mask airpurifying respirator with high efficiency filters.

At level 2 (SO times the PEL or exposure from 2 f/cc to10 f/cc), OSHA requires empl(1fees to ~r at least a fullfacepiece air purifying respirator with high efficierqfilters.

At level 3 (100 times the PEL or exposure to 20 f/cc to200 f/CC), OSHA requires a full facepiece supplied airrespirator operated in the pressure demand mode.

At IewI 5 (1000 times the PEL or exposure greaterthan 200 f/cc or exposure to unknCJNn concentrations),OSHA requires at least a full facepiece supplied air-respirator equipped with an auxiliary positiw pressureself-contained breathing apparatus (SCBA).

At levels 1 and 2, the air purifying respirators remCY\/econtaminants by filtering inhaled air: The filters provideprotection against asbestos fibers with a disposable airpurifying filter: The filters are made a fibrous material thattraps harmful particles as air is inhaled. In half-maskedrespirators, optional ~ protection may be desired as\WII.

At level 3, positive air pressure respirators (PAPAs) orconstant fla-N air line respirators are required. Theserespirators provide positive-pressure filters or chemica/-type respirators with a motor blONer assembly that draws

18

sample) and can be completed quickly (one hourpreparation and analysis, less than six hours turn-aroundtime, according to EPA). PCM, h~1; has limitedsensitivity and cannot identify asbestos fibers; PCMidentifies all fibers. There may be fibers detected that areactually from the insulation or felt material and are notasbestos.

A far more sensitiw method for analyzing asbestosairborne fibers is transmission electron microscopy(rEM), which requires the use ci a wry expensiwelectron micr~pe. The costs ircrease dramatically(EPA estimates a per sample cost of $200 to $600) and4 to 24 hours or preparation and a 2 to 7-day turn-around time is normally required.

Because of the practicality of using PCM, ~u canobtain results, initially using this method and if the eighthOUI; time-weighted average reading for fibers is greaterthan 0.1 f/cc, then you can take the sample to TEM todetermine which of those fibers are indeed asbestos.Data haw shONn many other fibers are counted in PCM.

Regardless ci the microscopic analysis method used,EPA recommends that at least 3000 liters of air bedrawn through each filter at an airflON rate ci 2 to 12liters per minute and at least 5 samples be collected ineach homogeneous \\Orksite. As the amount of airflowdecreases, the accuracy of the results also diminishes.

Whether ~ actually engage in air monitoring forasbestos or examine existing sampling data, you need tobecOO1e familiar with the technology and methoddogymost commonly used, as they can haw a tremendousimpact on the validity and meaning of the test results.Typical asbestos sampling de'o'ices are portable pumpsthat are worn by \\()rkers. The pump draws samplesthrough a filter cassette that traps asbestos particles. Thefilter is sent to a laboratory for analysis, where asbestosfibers are evaluated a~rding to the time of exposure todetermine \\()rker exposure as an 8 hour time-Yoceightedawrage. The accepted sampling procedure for OSHAand EPA is NIOSH method 7400, so make sure tospecify the use of equipment that will comply with thismethod.

The sampling techniques and analysis used inobtaining scientifically valid measurements of airborneasbestos fibers exposure are critical. The most frequentlyused method to analyze asbestos air sampling is phasecontrast microscopy (PCM). This method isrecommended by the National In~e for OccupationalSafety and Health (NIOSH) and is ~ptable to OSHA.The advantages of PCM are that it is readily availablethroughout the country, economical ($25 to $50 per

19

Sources of Additional InformationThe Asbestos Institute, 1130 Sherbrooke St. West.

Montreal, Quebec, Canada H3A 2MB, publishes regularnewsletters on asbestos-related issues.

The Safe Buildings Alliance, 655 15th St.. NW. Suite1200. Washington. DC 20005. is an organizationcomposed d former manufacturers d asbestos. andpublishes information specifically relating to asbestos in

buildings.Individual manufacturers of asbestos-containing

materials may be in a position to assist you in de\IeIopingyour company policies and programs. and in providingspecific information on their products. Manuf~rer-provided Material Safety Data Sheets (MSDS) should listasbestos when it is induded in a product.

Contractors looking for more infonnation should .g;anby calling NRCA; phone number is 312fJ18-NRCA. Wecan at least provide }OO with the proper sources fora~rs to }OOr particular questions.

NRCA and the National Roofing Legal ResourceCenter (NRLRC) are irwlwd in an ongoing projectexamining state ageooes, regulations and statutesapplicable to roofing contractors handling asbestos-containing roofing materials. A report will be mailed to allNRCA and NRLRC members.

In addition, alilocaJ, state and regional associationsaffiliated with NRCA are excellent sources of information.

The Asbestos Information Association, 1745 JeffersonDavis Highway, Crystal Square 4, Suite 509, Artington, VA22202, 703/979-1150. is an organization composed ofasbestos manufacturefS. and has compiled aconsiderable amount a asbestos-handling information.

20