Asbestos

The real estate manager may be involved in overseeing repairs or cleanup for asbestos or lead. Asbestos can be found in pipe wrapping, acoustical ceilings, floor tile, caulking in joint and spackling compounds, and numerous other places. The first responsibility of a building owner or manager is to identify asbestos-containing materials, through building-wide inventory or on a case-by-case basis, before suspect material is disturbed by renovation or other work.

Asbestos Regulations
New asbestos regulations from OSHA took effect on October 1, 1995. These regulations were drafted to ensure that employers provide a safe and healthful working environment for their employees. Instead of requiring removal of asbestos, these new regulations focus on improving the management of existing asbestos through inspections, notifications, and employee training. Much of the responsibility for complying with these regulations will fall to real estate managers of multifamily residential properties.

The most important provision of the new regulations is that the permissible exposure limit (PEL) is decreased by half from 0.2 fibers per cubic centimeter (0.2 f/cc) as an eight-hour time-weighted average (TWA) to 0.1 f/cc. The regulations also define four new classifications of work practices that must be followed, regardless of anticipated asbestos levels:

• Class I includes activities involving the removal of asbestos-containing materials (ACMs) and presumed asbestos-containing materials (PACMs) in thermal system insulation and surfacing material.
• Class II includes activities involving the removal of other types of ACMs, such as resilient flooring and roofing.
• Class III includes repair and maintenance activities where ACM or PACM is disturbed.
• Class IV involves activities in which employees come into contact with ACM or PACM, and activities to clean up waste and debris containing such material.

The work practices identified in Class III and Class IV will have the greatest impact on the manager’s responsibilities.

According to the new regulations, real estate owners and managers must identify the asbestos risks of their properties. Once this is done, managers must notify residents, employees, and outside contractors of the presence of asbestos-containing building materials. A “competent person” must supervise all disturbances and removals of asbestos. Also, a two-hour awareness training program must be provided to maintenance and custodial employees who encounter ACMs or PACMs. Managers must also keep records regarding the presence, location, and quantity of ACMs and PACMs in the building.

One way to ensure compliance with these regulations is by identifying ACM or PACM quantities and locations in the buildings you manage. Develop a list of employees and outside contractors who are affected by each class of work and notify them of asbestos levels. Finally, create a written plan explaining the property’s asbestos operations and maintenance work, management policy, and training program. If necessary or appropriate (e.g., as a result of an environmental assessment that requires maintenance of undisturbed asbestos in place), a qualified professional should develop an Operation and Maintenance (O&M) plan for the property.

Resources

• Office of Prevention, Pollution, and Toxic Substances, U.S. EPA (TS-799), MC 7101M, 1200 Pennsylvania Ave. NW, Washington, DC 20460. Hotline: 202-554-1404. http://www.epa.gov/oppts/
  
• National Institute for Occupational Safety and Health, Centers for Disease Control & Prevention, Technical Information Branch, 4676 Columbia Parkway, Cincinnati, OH 45226. Telephone: 800-356-4674. http://www.cdc.gov/niosh/