When dealing with asbestos, understanding the regulations and potential conflicts of interest between asbestos inspection and abatement services is crucial for protecting your home and health. Colorado Regulation 8, Part B specifically addresses these concerns. Here’s a detailed look at the regulation, its implications, and how homeowners can safeguard themselves.
Independence Requirement for Abatement Contractors
Colorado Regulation 8, Part B mandates that those who identify asbestos-containing materials cannot be the same contractor responsible for removing those materials. This rule is designed to eliminate any conflicts of interest that could arise if the same entity handles both identification and removal. Here’s the pertinent part:
“To prevent any real or potential conflicts of interest, Building Inspectors identifying asbestos-containing material must be independent of the General Abatement Contractor that will subsequently abate the asbestos-containing material identified.”
Colorado Department of Health and Environment (Adopted 05/16/24, effective 07/15/24). Air Quality Control Commission. Regulation 8 (Control of Hazardous Air Pollutants), Section III.A.1.e, Page 42. Retrieved from https://drive.google.com/file/d/1ntrqhLrVib_M5TmrRR8FVuyJhzGqNhd1/view
The Idea is to Prevent a Conflict of Interest
The regulation aims to prevent potential conflicts of interest by ensuring that the roles of identifying and removing asbestos are separated. This separation is intended to protect consumers from possible fraud or bias in the asbestos management process.
Separate Entities
In practice, this regulation requires that asbestos testing and abatement be carried out by different companies. This separation is meant to ensure that the recommendations for removal are unbiased and not influenced by the desire to secure a contract for abatement.
Loophole Concerns
Despite its intentions, the regulation may inadvertently create loopholes that could be exploited. Some entities might establish two separate companies—one for testing and one for abatement—under the same ownership umbrella. This tactic can potentially undermine the regulation’s purpose by enabling deceitful practices. For example, a family member or associate might establish a separate abatement business, allowing the original company to maintain control over both testing and removal under different names. This workaround can lead to fraudulent activities and undermine consumer protection.
How to Protect Yourself
To avoid falling victim to potential fraud in asbestos remediation:
Inquire About In-House Abatement: Ask whether the asbestos consulting firm performs abatement in-house. A firm that offers both services might pose a conflict of interest.
Obtain Independent Bids: Seek bids from independent general abatement contractors rather than relying solely on recommendations from one remediation firm.
Verify Company Legitimacy: Check the legitimacy of companies by cross-referencing registered agents through the Colorado Secretary of State’s website.
While Regulation 8, Part B aims to enhance consumer protection, it also requires vigilance from homeowners and building owners. Ensuring that you work with truly independent entities for asbestos testing and abatement can help safeguard your property from potential conflicts of interest and fraud.
The intent behind Colorado’s Regulation 8, Part B is to provide a layer of protection against conflicts of interest in asbestos management. However, the effectiveness of this regulation depends on the transparency and integrity of the companies involved. By staying informed and taking proactive measures, you can better protect yourself from potential issues in the asbestos remediation process.
While we make every effort to ensure the accuracy of the information, please understand this is not intended to be legal advice, we are not lawyers. If you have questions about the laws, consult a lawyer. If you have questions about your remediation project, give us a call and we’ll answer your questions for free.