Asbestos regulations for your commercial property

Asbestos regulations for commercial properties are designed to protect public health by minimizing exposure to asbestos fibers, which can cause serious lung diseases, including asbestosis, lung cancer, and mesothelioma. These regulations vary by country and region, but here are some general guidelines and key points that are commonly enforced:

1. Identification and Assessment

• Asbestos Survey: Before any renovation or demolition work, a commercial property owner must conduct an asbestos survey to identify the presence of asbestos-containing materials (ACMs). This is typically done by a licensed asbestos inspector.

• Risk Assessment: If ACMs are found, a risk assessment must be conducted to determine the condition of the materials and the likelihood of fiber release.

2. Management and Maintenance

• Asbestos Management Plan: If ACMs are present and in good condition, they may not need to be removed immediately. Instead, an asbestos management plan should be developed to monitor and manage the materials to prevent fiber release.

• Regular Inspections: Regular inspections should be conducted to ensure that ACMs remain in good condition and that any damage or deterioration is promptly addressed.

3. Removal and Abatement

• Licensed Professionals: Asbestos removal must be performed by licensed and certified asbestos abatement professionals. This ensures that the removal is done safely and in compliance with regulations.

• Notification: In many jurisdictions, property owners are required to notify relevant authorities before starting asbestos removal or abatement work.

• Disposal: Asbestos waste must be disposed of at approved facilities that are equipped to handle hazardous materials. Proper packaging and labeling are required to prevent exposure during transport.

4. Training and Awareness

• Employee Training: Employees who may come into contact with ACMs must receive appropriate training on asbestos awareness and safety procedures.

• Contractor Awareness: Ensure that contractors working on the property are aware of the presence of ACMs and are trained in handling them safely.

5. Record-Keeping

• Documentation: Maintain detailed records of asbestos surveys, risk assessments, management plans, removal activities, and employee training. These records may be required for regulatory compliance and can be useful for future property transactions.

6. Legal and Regulatory Compliance

• Local Regulations: Always check with local regulatory agencies for specific requirements, as regulations can vary significantly. In the United States, for example, the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) have specific regulations regarding asbestos.

• Penalties: Non-compliance with asbestos regulations can result in significant fines, legal action, and liability for health-related issues.

7. Tenant Communication

• Disclosure: If you are leasing your commercial property, you may be required to disclose the presence of ACMs to tenants. This is particularly important if tenants plan to undertake any renovations or modifications.

8. Emergency Procedures

• Contingency Plans: Have contingency plans in place for accidental disturbance of ACMs, including procedures for evacuation, containment, and cleanup by licensed professionals.

Key Regulations in the United States:

• EPA's Asbestos Hazard Emergency Response Act (AHERA): Requires schools to inspect for asbestos and develop management plans.

• OSHA Standards: Sets permissible exposure limits (PELs) for asbestos in the workplace and requires employers to provide protective measures.

• National Emission Standards for Hazardous Air Pollutants (NESHAP): Regulates the demolition and renovation of buildings containing asbestos.

Key Regulations in the United Kingdom:

• Control of Asbestos Regulations 2012: Requires duty holders to manage asbestos in non-domestic premises, including conducting surveys, risk assessments, and maintaining an asbestos register.

Key Regulations in Australia:

• Work Health and Safety (WHS) Regulations: Require identification and management of asbestos in workplaces, including commercial properties.

Conclusion

Managing asbestos in commercial properties is a critical responsibility for property owners. Compliance with regulations not only protects health but also minimizes legal and financial risks. Always consult with asbestos professionals and regulatory agencies to ensure full compliance with local laws and best practices.